Legislature Green-Lights Forensic Evidence Review

Officials will be conducting an extensive review of cases that may have involved biased or incompetent forensic work.

Christina Barnes Arrington, senior methodologist with the commission, said in a presentation last week that the review panel’s members will evaluate the accuracy of Ms. Burton’s testing, analysis and testimony to determine — if possible — whether Mary Jane. Burton, who died in 1999, engaged in a pattern of misconduct.

Del. Charniele Herring (D–Fairfax), the commission’s chair, appointed Del. Patrick Hope (D–Arlington County) and state Sen. Mark Peake (R–Lynchburg) to serve on a review subcommittee. The panel is expected to look at all of the cases in which Burton testified, or where her lab analysis contributed to incarceration, execution or exoneration. Burton died in 1999.

State Sen. Scott Surovell (D–Fairfax) said he hopes the effort will “send the message that we’re serious about getting to the bottom of this, so that people can have absolute faith in the work of the Department of Forensic Science.”

Arrington said staff have identified 7,581 unique cases in which Burton was the forensic examiner — of which 1,171 cases are left to review. The review has also so far identified 1,262 convictions resulting from Burton’s work — including 108 individuals who are still incarcerated, 54 on probation or parole, eight who have been executed and 408 who are deceased.

Juliet Hatchett, director of the UVA Law Innocence Project, said that while she’s been impressed with the case review so far, it’s an “imperfect solution” for a number of reasons, including a reliance on pro bono help to investigate cases and the difficulty of determining whether evidence exists that can even be retested.

“Maybe they are [innocent], maybe they aren’t, but because of the passage of time, the lack of documents, lack of evidence, you might not be able to prove it. And one thing that really concerns me is: What is the remedy for those people? I don’t think anyone really has the answer to that yet.”

Forensic Evidence in Criminal Cases

When based on objective, science-based techniques, forensic evidence can support witness testimony, confirm or challenge suspect statements, and reduce reliance on confessions alone. But scientific evidence in criminal cases has some serious issues.

DNA evidence may be the best known type of forensic evidence. DNA can be collected from blood, saliva, hair, or skin cells left at a crime scene. Because each person’s DNA is unique (except for identical twins), it can be used to identify or exclude suspects with almost 100 percent accuracy.

Fingerprints are another classic form of forensic evidence. Patterns on fingers do not change over time, making fingerprint comparisons a reliable method for linking individuals to objects or locations.

This reliable scientific evidence does not affect the legal issues in a case. Sexual battery is a good example. DNA and/or fingerprints might prove that two people had sex. But it doesn’t prove whether or not that sex was consensual.

Second-tier forensic evidence includes ballistics, which examines firearms and bullets, and trace evidence, such as fibers, glass, or soil. These small details can connect a suspect to a crime scene or show contact between people and objects. Digital forensics has also become increasingly important, involving the analysis of phones, computers, and online activity to uncover timelines, communications, or intent.

Legal Issues

Second-tier forensic evidence often has reliability issues. Additionally, and perhaps more importantly for a Leesburg criminal defense lawyer, gathering such evidence, especially digital evidence, often raises Fourth Amendment issues.

Additionally, improper or questionable collection, contamination, or analysis almost always leads to inaccurate results.

Work With a Tough-Minded Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. The sooner you reach out to us, the sooner we start working for you.

Source:

lis.virginia.gov/bill-details/20251/SB1465