ASCLD SYMPOSIUM 2015WASHINGTON, DC

PETER J. NEUFELDCO-DIRECTORINNOCENCE PROJECT

Creating a Culture of Improvement

Crime Laboratory Quality Systems:

329 POST-CONVICTION DNA EXONERATIONS IN USA

A CULTURE OF IMPROVEMENT

Improved quality systems in forensic science More accurate adjudications of criminal cases

NCFS WORK PRODUCT ON RCA

Errors are made by everyone.

ERRORS ARE NOT MADE BY BAD PEOPLE

RCA INVOLVING ERROR RATHER THAN MISCONDUCT

RCAIdentify

systemic and/or individual errorError

Recommendations

to improve systems to

prevent future reoccurrence

Duty to Correct and Notify

Affected Parties

Retrospective Reanalysis of Other Cases

Implementation of

ImprovementsEvaluatio

n

DEFINITION OF CUSTOMER

Philadelphia Police Department Forensic Science Bureau:

• The customer is defined as the various members of the criminal justice community: investigators, district attorneys, defenders, judge, jury, etc.

• The ultimate customers are the citizens of the City of Philadelphia.

MODEL DEFENDANT NOTIFICATION PROCESS

Summary of Recommendations:1. Lab identifies nonconformance and discloses it.2. Lab notifies law enforcement and prosecuting authorities.3. TX FSC notifies TDCAA , TCDLA, Commission on Indigent Defense, Office of Court Administration, TX Center for the Judiciary, State Bar Association, Office of the AG, Innocence Project of Texas.4. TX FSC contacts affected DAs.5. Lab provides technical briefing for affected agencies.6. TX FSC will publish a summary of facts and investigation.7. TX FSC will meet with stakeholders named in Step 3 and develops a plan to help defendants who need counsel.8. Stakeholders assess if any additional financial resources are needed to ensure notice and representation.9. TX FSC works with stakeholders and provides periodic updates.

HONORING THE DUTY TO CORRECT

• Criteria for evaluating testimony was developed by FBI with the input of statisticians with forensic science experience.

• FBI determined the following in their review:• Of the 269 transcripts, 96% (N=258) contained one or more types of

testimonial errors. • All but two of 29 FBI examiners provided testimony that contained

erroneous statements or authored lab reports with such statements. • 94% of capital case testimony where associations were made had

errors. • 9 of these capital defendants executed• 5 of these capital defendants died of other causes

RESTROSPECTIVE REANALYSIS“It is time to establish standards of professional practice and conduct for those engaged in the post-conviction review of scientific evidence and the reporting of their results, either in the courtroom or in the press. This would build much needed confidence in the practice of post-conviction litigation, elevating its stature from activism to professionalism.

Don't count on the FBI or the Department of Justice to have much to say about the Post's article. When there are no rules to the game, there is no sense in playing it.”

Keeping the Gate, April 19, 2015www.science20.com

“The Department has been working together with the Innocence Project and NACDL to address errors made in statements by FBI Examiners regarding microscopic hair analysis in the context of testimony and laboratory reports. Such statements are no longer being made by the FBI, and the FBI is also now employing mitochondrial DNA hair analysis in addition to microscopic analysis,” said Amy Hess, Executive Assistant Director, Science and Technology Branch, FBI.

Joint Statement of FBI, NACDL, and Innocence Project, April 20, 2015

TEXAS ASSOCIATION OF CRIME LABORATORY DIRECTORS

THANK YOU