The chain of custody is known as the forensic link. It is essential. It’s proper documentation differentiates between it and other forms of medical/biological testing. It serves two major purposes, if done correctly. First, it forms a receipt of who had it when and who had it next. This is the typical and tradition notion […]
In chromatography, you see what they want you to see: Get the Electronic Data Files
In chromatography, you see what they want you to see: Get the Electronic Data Files By: Justin J. McShane, JD, F-AIC and Josh D. Lee, JD What evil lies in the heart of man? The Shadow knows… What evil may lie in the heart of chromatographers? The Electronic Data Files (EDF) know… In courtrooms all […]
What can the Lennay Kekua and Manti Te’o craziness teach us in forensic science?
If you haven’t heard the developing story about Notre Dame superstar Manti Te’o and his girlfriend Lennay Kekua, then you are living under a rock. According to ESPN reporters, if you believe Manti’s side of the story he was tricked into believing that the love of his young life existed, and that although he never […]
“But they did a calibration on the machine” Do they really? Calibration versus calibration check
Prosecutor: “The instrument was calibrated.” This phrase is uttered in courtrooms all across the United States many times every day. But is it true? Probably not Calibration is the imperfect act of teaching the machine what response from an unknown yields typically related to a concentration. It should be done using Certified Reference Materials (CRMs […]
A New ACS Course that Teaches Lawyers About Forensic Drug Analysis
In my last post, I questioned “What’s wrong with Forensic Science? Criminal Defense Attorneys That’s What’s Wrong.” We, the defense bar, need to become better educated in the science of forensic science. We have to get training not simply in what the police or police scientists are taught (how to be a button pusher), but […]
What’s wrong with Forensic Science? Criminal Defense Attorneys That’s What’s Wrong
This blog was created because I was sick and tired of the state of forensic science in American courtrooms. We could do better and we must do better was my thought. So rather than sit around and lament on how unfair the world is and how injustice happens, I created this blog. And I am […]
Pennsylvania State Police Agree to Halt Evidential Breath Testing in PA
Breaking News: According to the Legal Intelligencer article “Breath-Test Ruling Could Affect Thousands of DUI Cases,” in reaction to our firm’s successful litigation of Commonwealth v. Jason Schildt, and the Linear Dynamic Range Challenge, the Pennsylvania State Police have agreed to halt all evidentiary breath testing in Pennsylvania. According to reporter Zack Needles: In fact, the […]
Complete Ruling in Commonwealth v Schildt
COMMONWEALTH OF PENNSYLVANIA v. JASON RICHARD SCHILDT IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA NO. 2191 CR 2010 OPINION “Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence.” These famous words were first spoken by […]
Open Letter to the Department of Health about the Linear Dynamic Range Challenge
I sent the following letter to the Pennsylvania Department of Health right after Judge Lawrence F. Clark, Jr.’s ruling in the Linear Dynamic Range Challenge. So far, there has been no response, but it has also only been a couple of days. Let’s hope that they truly care about justice and science and the safety […]
Press related to the Linear Dynamic Range Challenge and the Initial Calibration Challenge
Yesterday (January 7, 2012) our office filed a motion that seeks to suppress all BrAC tests in pending cases in the state of Pennsylvania. This would cause all per se DUI cases to be dismissed in Pennsylvania regardless of the BrAC reported results. Here has been the press coverage on the successful Linear Dynamic Range […]
The Demonstrated Linear Dynamic Range Challenge in PA DUI Breath Tests
“You gotta prove it before you can use it, and then prove it again.” Would you use a pacemaker in a loved one if it wasn’t proven to work correctly before you used it? Would you use a baby car seat with your child if it wasn’t proven to work correctly before you used it? […]
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