Taking a bite out of crime
Chilling story from
Reason Magazine:
A Forensics Charlatan Gets Caught in the Act
Video from a defense attorney's sting exposes Mississippi bite-mark "expert" Michael West.
In 1992, a Phoenix man named Ray Krone was convicted of murdering a cocktail waitress named Kim Ancona. The crime was brutal. Ancona had been sexually assaulted, stabbed multiple times, and bitten on her breast and neck. Krone was indicted after a local dentist named John Piakis, who had received all of five days of forensic training, told police and prosecutors that Krone�s crooked teeth created the marks on Ancona�s body.
At trial, a more experienced bite-mark analyst from Las Vegas named Ray Rawson confirmed Piakis' findings: The bite marks on Ancona�s neck could only have come from Krone. Rawson included a 39-page report with his testimony. It must have been convincing, because the jury convicted Krone despite no other physical evidence linking him to the crime. He was sentenced to death.
In 1995, Krone was given a new trial after an appeals court threw out his conviction over an unrelated legal technicality. Rawson testified again. And Krone was convicted again. After the second trial, however, the judge refused to sentence Krone to death, writing, "The court is left with a residual or lingering doubt about the clear identity of the killer."
The judge�s misgivings proved prescient. Over the strenuous objections of prosecutors, who maintained that Rawson�s testimony was in itself sufficient to affirm Krone�s conviction, Krone's attorney Christopher Plourd succeeded in getting a court to force the state to turn over biological evidence from the crime for DNA testing. The testing proved Krone was innocent. It also provided a match to Kenneth Phillips, a man who arguably should have been a suspect from the start. Phillips lived less than a mile from the crime scene, was already on probation for assaulting a female neighbor, and was arrested three weeks after Ancona�s murder for sexually assaulting a seven-year-old girl. Several witnesses had described a man fitting Phillips� height, weight, and complexion to police near the crime scene the night of the murder.
After 10 years in prison, including two spent on death row, Ray Krone was exonerated and released from prison in 2002.
But Krone�s lawyer wasn�t quite finished. In addition to his job as a criminal defense attorney, Christopher Plourd is a legal specialist in forensic science, having served on several government commissions looking at the role of DNA testing in the criminal justice system.
Plourd was livid that his client could have been convicted not once, but twice, based on obviously erroneous testimony that was presented as scientific. It seemed to confirm what Plourd and other critics of bite-mark analysis have long suspected�that there is little "science" behind the method at all. So in 2001, the lawyer decided to conduct a �proficiency test� on some unknowing and prominent bite-mark expert.
What follows is a step by step takedown of a noted bite-mark expert. Plourd (the lawyer) sent in photographs of Kim Ancona's breast bitemarks along with a dental cast of his own teeth. Two months later, a very compelling 20 minute video (available at the site) came back proving conclusively that there was a solid match.
The article also says that bite-mark evidence is still being used to convict people when there is no other evidence available... A good case for reform if I ever saw one...
Posted by DaveH at May 17, 2009 10:15 AM