Article Preview: Matthew T. Mangino: Bite-mark analysis — science or charlatanry - MailTribune.com - Medford, OR

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2015-03-04

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Ashland's annual Bavarian Night fundraiser coming Medford schools superintendent gets high marks Gold Hill will install cameras in City Hall to monitor employees 10 things to know for Tuesday Since You Asked: School zone speed limit always 20 mph Crime, Courts and Emergency Services Emergency Services, March 3 California homicide leads to arrest in Talent Fire torches trailer of hay off Crater Lake Avenue Volunteers help police nab three graffiti suspects in a week Emergency services, March 2 Politics and Elections Ashland: Budget increase, swimming pool funding discussion on council agenda Judge upholds Phoenix's moratorium on medical marijuana dispensaries Ballots on Jackson County marijuana tax go out Friday Brown's inauguration brings hope to local lawmakers Kate Brown sworn in as Oregon's 38th governor Education Medford schools superintendent gets high marks St. Mary's robotics team qualifies for state competition LIFEArt plans to open gallery in Medford MSD considers adding a health center at one of the city's high schools Absenteeism in Oregon schools prompts bill that would tie funding to attendance, not enrollment Environment The new normal under climate change? 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Music SOU Percussion Group presents 'Timber' Ashland High School presents 'Leading Ladies' Rogue Valley Symphony showcases Anton Bruckner and Richard Wagner Live Music in Local Clubs HAPA plays the Historic Ashland Armory Community Events Third Fridays showcases local artists Southern Oregon Rod and Custom Show Ashland's First Friday Art Walk showcases new exhibits by regional artists Jacksonville celebrates Chinese New Year Dining Restaurant Inspections: Sunday, March 1 Great Outdoor Grill offers healthful options Restaurant Inspections: Sunday, Feb. 22, 2015 Saigon Xich Lo Vietnamese cuisine The zwickels shall flow Tempo Videos Classifieds Jobs Autos Real Estate FEATURED   » Obits Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines/Special Sections Business Services NEWS NOW   Gold Hill will install cameras in City Hall to monitor employees       ...       Oregon traveler who was detained in East Timor headed home       ...       Get Up & Go: Tuesday, March 3       ...       Gold Hill will install cameras in City Hall to monitor employees       ...       Oregon traveler who was detained in East Timor headed home       ...       Get Up & Go: Tuesday, March 3       ...           Matthew T. Mangino: Bite-mark analysis — science or charlatanry By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. Mangino More Content Now Posted Mar. 2, 2015 @ 8:06 am By Matthew T. Mangino More Content Now Posted Mar. 2, 2015 @ 8:06 am »  Social News p bs:newslist StartDate="20121121" EndDate="p bs:datecalc Months="3"" DateSort="1" UseObjects="1" ObjectClass="81" Taxonomywords="2325,665" ExactTaxonomyMatch="1" Image="1" Count="4" --> At least 24 individuals charged or convicted, of murder or rape, based at least in part on identifying bite marks on the flesh of victims have been exonerated since 2000, according to the Innocence Project. Many of those individuals spent time behind bars. A small group of dentists belonging to the American Society of Forensic Odontologists are responsible for the proliferation of bite mark analysis. Those dentists’ findings are often key evidence in prosecutions — even though there is no scientific proof that teeth can be matched definitively to a bite into human skin. The FBI doesn’t use it, and the American Dental Association does not recognize it. Now The Washington Post is sounding the alarm in an in-depth four-part series on the legitimacy of bite-mark analysis. “Bite-mark evidence is the poster child for unreliable forensic science,” Chris Fabricant, director of strategic litigation at the New York-based Innocence Project told The Associated Press. According to the Post, there are hundreds of people in prison due to bite-mark testimony, including at least 15 on death row. In 2009, a National Academy of Sciences report on the state of forensic science in courtroom across the country was highly critical of a wide range of forensic specialties, from fingerprints to hair and fiber analysis to blood spatter and bite marks. Bite-mark analysts look at indentations found in human skin thought to be caused by human teeth. According to the Post, analysts first confirm the marks are actually a human bite. They then compare those marks to plaster molds taken of the teeth of one or more suspects. The NAS report was particularly critical of that process. The report found that there is “no science on the reproducibility of the different methods of analysis” of bite marks. The report concluded, “Different experts provide widely different results.” One notable case of faulty bite-mark analysis involved a Pennsylvania native convicted in Ray Krone, the so-called “Snaggletooth Killer,” was convicted in 1992. After winning a new trial, he was convicted again in 1996 of the murder of a Phoenix woman. Krone’s conviction was based principally on bite-mark identification. He was exonerated in 2002 after spending 10 years in prison (three of which were spent on death row). In 2004, I participated in a forum on the death penalty with Krone at Albright College in Reading, Pennsylvania. His case is a tragic example of forensic science run amok. In California, legislation, which took effect in January, makes it easier for a defendant to get a conviction overturned if an expert recants testimony. The law was enacted in response to an expert witness who recanted his bite-mark testimony in a high-profile homicide conviction. Attorneys for 65-year-old William Richards, convicted in 1997 of killing his wife, have always maintained his innocence. At Richards’ trial, expert Norman Sperber testified that only about 2 percent of people would have Richards’ unusual tooth feature. But later, with the help of a clearer photograph of the bite mark, he said Richards’ teeth were not consistent with the mark on his wife’s hand. Sperber, now 86-years-old, recently told The Associated Press that he did not recall the details of Richards’ case, but he had always strived to be objective regardless of whether he was called by the defense or the prosecution. “We’re not trying to convict somebody, we’re trying to get to the truth,” he said. “More and more, experts are reconsidering their opinion not because they have pangs of guilt, but because in fact the science changes,” Laurie Levenson, a criminal law professor at Loyola Law School told The Associated Press. “You want a legal system that recognizes that reality.” Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George. His book “The Executioner’s Toll, 2010” was released by McFarland Publishing. You can reach him at mattmangino.com and follow him on Twitter at @MatthewTMangino. By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. Mangino More Content Now Posted Mar. 2, 2015 @ 8:06 am » Comment or view comments   /* $( document ).ready(function() { // Jquery mobile is trying to style the button and leaving a blank gry button on top of a white button $("#viafouracoms .vf-comment-controls li.vf-right").html(' Submit '); });*/ »  STAY INFORMED   Email NewsLetter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed   Email newsletter   Sign Up Today   Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. 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