Another criminal mastermind caught out by his mobile ...

http://thedailyedge.thejournal.ie/burglar-caught-when-his-mother-rings-his-phone-1163188-Nov2013/
 

"Ian from Etobicoke"

http://globalnews.ca/news/950387/forensic-audio-experts-mixed-on-whether-ian-from-etobicoke-caller-was-rob-ford/

This is interesting on a number of levels, not the least being that it highlights the differences in the standard of proof and accepted methods between the UK/Australia and the US.
would love to hear people's comments ...

The story of "Sam Wright And The Unwilling Prosecutor" from the Barrister Blogger

Sad story from this excellent legal blog:

Aspiring barristers are still routinely taught that the role of a prosecutor is not to obtain a conviction at all costs but to act as a “minister of justice”. How much more important this was in the mid-nineteenth century when a “prisoner” (and he was always a prisoner) on a capital charge had no right to give evidence on his own behalf and no right  to representation by counsel. Nor, in the ordinary case would he have had any means to pay for it.  

Continue at
http://barristerblogger.com/published-articles-3/sam-wright-and-the-unwilling-prosecutor/

A dangerous precedent?

Anoth                      Another report from Expert Witness Guru:

Voice analysis expert testimony will not assist the trier of fact, says Puerto Rico District Court

• Nov
• 
  
• 
  
• 14

• Posted by Shweta Nawani
 
• Posted in Forensic Expert Witness, Voice Analysis Expert Witness

inShare3

Pursuant to Federal Rule of Evidence 702, a witness may testify to scientific, technical, or other specialized knowledge if it helps the trier of fact to understand the evidence or to determine a fact in issue. However, following an unusual line of reasoning in the case of U.S. v. Arce-Lopez, the Puerto Rico district Court has held that a voice analysis expert testimony shall not assist the trier of fact and has denied the same to be introduced at trial.

Background of the case

After Defendants Carlos Arce–Lopez and Annete Cancel–Lorenzana were charged with conspiracy to possess cocaine with the intent of distribution, their defense attorney Anita Hill received a series of phone calls and voicemails from an individual identifying himself as Javier Olmo–Rivera. He attempted to speak about Arce–Lopez’s case as a Government witness, detained at the time in the Metropolitan Detention Center. After a Drug Enforcement Administration (DEA) investigation concluded that Olmo–Rivera did not make and could not have made any calls from MDC to Ms. Hill, Defendant contracted a voice identification expert to compare a voice exemplar of Olmo–Rivera with the audio recordings on Ms. Hill’s phone.

The expert, using biometric analysis, concluded that the exemplar voice matched the voice in the phone recordings. The government subsequently identified another federal inmate, Jesus Maldonado–Calderon as the caller, and moved to bar Defendant’s voice analysis expert testimony connecting Olmo–Rivera to the phone calls.

Decision of the Court

The Court found the jury to be “perfectly well-equipped” to listen to the witnesses testify in court, compare their voices to the voice in the audio recordings, and draw conclusions about whose voice is in the audio recordings. Taking note of the Daubert judgment at 591 that expert testimony must assist the jury in resolving a relevant factual dispute, the Court said this was “not an area in which expert testimony would be helpful to the jury.” Reliance was also placed on U.S. v. Salimonu, 182 F.3d 63, 74 (1st Cir.1999) which affirmed the district court’s exclusion of expert linguist testimony on the ground that it would not assist the trier of fact.

The parties’ pleadings citing a plethora of cases involving audio recordings and voice analysis implicating criminal defendants went unheard, and as to Arce–Lopez’s argument that excluding this expert testimony would violate his Sixth Amendment right to confrontation, the Court held

This case involves a voice recording of a witness, not a defendant. Because the audio recordings do not implicate the defendant’s guilt, and because the Court is not preventing the defendant from cross-examining the government’s witnesses, excluding expert testimony on this issue does not implicate his Sixth Amendment right to confront the witnesses against him.

Having found that the voice analysis expert testimony would not “help the trier of fact to understand the evidence or to determine a fact in issue” as per Fed.R.Evid.702(a), the Court then held that it need not decide whether the expert’s analysis was scientifically valid and reliable in satisfaction of the remaining elements of Rule 702.

Final ruling

The Government’s motion to bar the voice analysis expert testimony was granted.

**Written for the web by the EWG Editorial Team

EWG Blog > Law and Legal > Law enforcement expert witness cannot be admitted under Rule 701: Sixth Circuit

Law enforcement expert witness cannot be admitted under Rule 701: Sixth Circuit

• Nov
• 12

• Posted by Shweta Nawani
 
• Posted in Law and Legal Expert Witnesses, Police Expert Witness

inShare2

The Sixth Circuit has remanded the case of U.S. v. Freeman back for new trial as Michigan district court erroneously admitted a law enforcement expert witness testimony under Rule 701. The prosecution failed to establish proper foundation for lay testimony given by the FBI Agent, said the Court of Appeals, and added that such improper admission was not harmless.

Particulars of the case

After a jury trial, Defendant–Appellant Marcus Freeman was convicted under 18 U.S.C. § 1958 for conspiracy to use interstate commerce facilities in the commission of murder for hire and received a sentence of life without parole. He then brought a direct appeal from that conviction, arguing that the district court erred (1) by permitting the FBI Agent in charge of the investigation to give lay testimony under Federal Rule of Evidence 701, (2) with respect to various other evidentiary rulings, (3) by declining to amend the jury instructions according to Freeman’s requests, and (4) as there was insufficient evidence to sustain Freeman’s conviction.

What did the FBI Agent testify about?

The government’s primary evidence against Defendant consisted of 23,000 phone conversations, 77 of which were admitted as exhibits at trial and played for the jury. The FBI Agent working on the case was called in to testify regarding his personal impressions of the recorded conversations and his testimony ranged from voice and nickname identifications to substantive interpretations of the meaning of the various statements in order to broadly illustrate the prosecution’s theory of the case for the jury.

However, while the Agent was qualified as an expert to testify to the meaning of specific code words and drug slang, both parties recognized that his testimony had moved outside the scope of his expert qualification. In fact at oral argument, the Government conceded that the Agent lacked the first-hand knowledge required to lay a sufficient foundation for his testimony under Rule 701(a).

The whole report is at http://expertwitnessguru.com/blog/2013/11/law-enforcement-expert-witness-cannot-be-admitted-under-rule-701-sixth-circuit/?utm_source=feedburner#!

Worldwide Association of Women Forensic Experts

http://www.wawfe.org/About.htm

     "With the progress of Forensic Sciences in the last years the number of women working in forensics has greatly increased. 

WAWFE is a multi-disciplinary association with the aim of connecting women working worldwide in different forensic fields,in public or private institutions, in order  to promote the advancement and recognition of the role of women in the international forensic  community  and to facilitate the exchange of information and experience between forensic experts."

I am delighted to have been appointed as the regional representative for Australia, please don't hesitate to contact me for further information.

Home Office Consultation on strengthening the powers of the Forensic Regulator

https://www.gov.uk/government/consultations/new-statutory-powers-for-the-forensic-science-regulator

Consultation closes 3rd January 2014.

Instant threats, instant contraband, by Instagram

http://www.siliconbeat.com/2013/11/11/quoted-on-instagram-witnesses-crime-and-more/

“We will get you in time.”

— from a post by Instagram account rats215. The account — which the Philadelphia Inquirer reports has outed more than 30 witnesses to crimes since February — became inaccessible late last week. The Instagram account posted testimony, photos, sometimes secret evidence and police statements to about 7,900 followers. Authorities are looking for the account holder.

In other news about Instagram and the law, the Facebook-owned company has become a go-to place for black (and gray) markets for drugs and guns. (Although Instagram does not officially allow for transactions, merchants post photos of their wares on the site.) It’s relatively easy to find posts about a cough-syrup-based drug called “lean,” plus marijuana and methadone. Hashtags include “leanstagram” and “marijuanagram.”

And legislators are calling on Instagram to ban enabling the sale of guns on its site, saying sellers could be providing guns to youths, or without doing background checks, according to the New York Daily News.

“We need a clear picture of how gun sales are conducted and transacted through Instagram in order to keep dangerous weapons out of the wrong hands and off our streets,” Sen. Edward Markey, D-Mass., reportedly said in a letter last week to social media companies.

Jiah Khan - suicide or murder?

Forensic report suggests Jiah Khan was murdered

http://timesofindia.indiatimes.com/videos/news/Forensic-report-suggests-Jiah-Khan-was-murdered/videoshow/25510042.cms

Voice analysis: an 'objective' diagnostic tool based on flawed algorithms?

A medical application which could have forensics implications:

http://www.dw.de/voice-analysis-an-objective-diagnostic-tool-based-on-flawed-algorithms/a-17187057

We are now on Facebook

http://www.facebook.com/audiolex

If you would like to "like us", that would be great!

Bite-mark evidence - conviction overturned on appeal

Man Imprisoned For Murder Challenges Bite-Mark Evidence, Has Conviction Overturned

http://www.huffingtonpost.com/2013/10/29/gerard-richardson-overturned_n_4173789.html

Off topic ...

Off topic for forensics but wonderful pics for Spitfire enthusiasts:

http://www.bbc.co.uk/news/uk-england-lincolnshire-24672979

A panel discussion on self, society and 21st century surveillance 'Welcome to the New Normal' - SYDNEY AU Nov. 5th

A panel discussion on self, society and 21st century surveillance
'Welcome to the New Normal'
Tuesday, November 5, 2013 from 6:30 PM to 8:00 PM

This panel coincides with the Trace Recordings exhibition at UTS Gallery, examining surveillance and identity (details below).

In the era of social media and networked technologies we are constantly being recorded and observed. How are these pervasive but unseen surveillance systems are altering our behaviour, feelings and sense of self? Join an expert panel of researchers on the impact of new methods of surveillance. Does feeling the need to 'perform' for unseen audiences distance us from that which is most personal? We choose to opt in to these systems; but do we really have the option to opt out?

Our expert panel features criminologist and legal scholar Katherine Biber; award winning Global Mail journalist Clare Blumer; UTS Librarian and former defence intelligence analyst Mal Booth; Professor of Law and Director of the UTS Communications Law Centre Michael Fraser; post-doctoral psychology researcher Andrew Geeves; Professor of Computer Systems Massimo Piccardi; and social science analyst and advisor Steve Wilson. The discussion will be led by Trace Recordings co-curator Holly Williams.

This discussion accompanies the exhibition Trace Recordings at UTS Gallery and will be preceded by refreshments and exhibition viewing at the gallery located on Level 4 from 5.45pm.
For more information about the exhibition and this event, visit: 
www.tracerecordings.net 

To reserve a place, visit:
http://new-normal.eventbrite.com/

Trace Recordings exhibition at UTS gallery
From top-secret NSA listening stations to the DNA left on chewed gum, the exhibition 'Trace Recordings' examines the mechanisms of 21st century surveillance and explores how they are changing behaviours and shifting our ideas of public/private selves. Presenting work by eleven Australian and international artists across a variety of media, the exhibition critically, and at times playfully, casts an artistic light on the scale and complexity of these systems.

Featuring works by Denis Beaubois (AU), James Bridle (UK), Mahwish Chishty (US), Paolo Cirio (IT), Benjamin Gaulon (FR), Heather Dewey-Hagborg (US), Adam Harvey (US), Trevor Paglen (US) Matt Richardson (US) and Shinseungback Kimyonghun (KR). Curated by Holly Williams and Chris Gaul. 'Trace Recordings' is accompanied by a series of talks and workshops.

The "Real Thing"

http://www.lettersofnote.com/2013/07/its-real-thing.html

or is it?

Yet more on possible bias in forensic science

http://www.wave3.com/story/23603132/camm-trial-103-forensic-scientist-says-camm-investigators-framed-work-around-beliefs

The paper I presented at the IPES Conference in Budapest in August looks at media representations of such matters - I am busy writing it up for publication. 

Exciting new Author Attribution website

http://authorship.brooklaw.edu

From Professor Lawrence M. Solan

Don Forchelli Professor of Law

"I am pleased to announce that with funding from the National Science Foundation, Brooklyn Law School has launched an Authorship Attribution website.

You can access it at:   http://authorship.brooklaw.edu/."

"Even forensic science has its limits"

http://www.irishtimes.com/news/ireland/irish-news/state-pathologist-warns-that-even-forensic-science-has-its-limits-1.1567543

She quoted British forensic pathologist Bernard Knight, who described the exercise of estimating time of death as follows: “ ‘When were they last known to be alive? When were they found dead? They died some time between the two.’

More on False Confessions

From Helen Fraser 
"I just caught an episode of This American Life, discussing a very interesting false confession case and thought others might like to follow it too. There are a number of linguistic issues throughout - the more explicit ones come out towards the end of the story.

(Having heard it on the car radio then looked up the site, I agree with their caveat that the story is far better heard than read - they seem to charge 99 cents for the audio which strikes me as being well worth the investment!).

Cheers

Helen

http://www.thisamericanlife.org/radio-archives/episode/507/transcript

(Kim Possible is the second of the three items in this episode)"

~~~~~~~~~~~

Helen Fraser

http://forensictranscription.com.au

PRESS RELEASE A new society has been set up to improve standards for investigative interviewers in the private sector

PRESS RELEASE

2^1st October 2013

For immediate release

New society set up to improve standards for investigative interviewers in the private sector

A professional body has been set up to establish and administer a quality standard for investigative interviewing in the private sector. The Society of Forensic Interviewers (SoFI) (www.so-fi.org) will also provide information and other services to help members improve the quality of their knowledge of and skills in investigative interviewing.

The current quality of service, or expertise, provided by investigative interviewers in the private sector is variable and there is no standard against which quality can be measured. However, interviewing witnesses and potential respondents forms an integral and important part of any investigation and information obtained from these interviews is used to guide the direction of the investigation and is also referred to at the final point a decision is made.

The police service in the UK has been at the forefront of investigative interviewing using interview frameworks and techniques developed and researched by psychologists and other academics over decades. These standards are acknowledged as being lawful and ethical by the criminal justice system. They can also be effectively applied to all types of investigative interview conducted in the private sector, including HR disciplinary proceedings and internal and external investigations.

High standards in interviewing will improve the quantity and accuracy, and therefore veracity of the information obtained. Improved quality through the introduction of standards will also ensure that interview-dependent investigations will be more efficient, and as a result more cost effective. Improving accuracy also improves ethical standards, which in turn improves employer/employee relations in the work environment. Additionally, poor quality or unethical interviewing can not only have a direct and detrimental impact on interviewees, but also can directly affect the options available at the conclusion of an investigation.

Jeff Shiplee, Managing Director, SoFI said: “The society was founded to establish and administer a quality standard for investigative interviewing in the private sector. We hope this standard becomes widely adopted and is adhered to by practitioners and trainers across the UK who work in this field. The standard is supported by expert practitioners and academics who are experts in investigative interviewing.”

Note to editors:

For further information about The Society of Forensic Interviewers, or to register interest in becoming a member please contact: Jeff Shiplee at jeffshiplee@so-fi.org

Appeal Court ruling re Barry George

http://www.bailii.org/ew/cases/EWCA/Crim/2007/2722.html

Interesting and relevant, as the importance and nature of the reliability of evidence transcends all forensic identification areas.

Savile ROI and comments from the Daily Mail

http://www.dailymail.co.uk/news/article-2461443/Jimmy-Savile-tapes-damn-police-The-special-treatment-allowed-DJ-escape-justice.html?goback=.gde_3825952_member_5796164118759096320#!

Material for several papers here I should think.

Upcoming seminar on Forensic Interpreting

http://www.iol.org.uk/events/ID/ID13/ID091113.pdf

- this is an area which requires a LOT more focus.

Saudi women can now practise law.

http://nipc-gulf.blogspot.co.uk/2013/10/one-of-most-welcome-developments-from.html#!

Faked suicide notes

This is a really sad story: http://timesofindia.indiatimes.com/city/mumbai/Man-hangs-self-blames-wife-and-lover-on-video/articleshow/23837236.cms

I would hope that both the note and the video recording are being forensically examined to determine their authenticity. There are instances of so-called suicide notes which, on closer examination, have been shown to have been been written by another party, for example in this case we worked on: http://www.theguardian.com/uk/2008/mar/18/ukcrime2

... He had claimed his wife's death was suicide, but was charged with murder after police found marks on her body indicating that she had been in a fight. Experts concluded her suicide note had been faked, the inquest heard.

A Good Thing too!

http://theconversation.com/get-real-forensic-scientists-the-csi-effect-is-waning-13260#!

and we can certainly relate to this:
Anecdotes are also shared by forensic scientists about how they have been approached by [clients] who expect them to finish their forensic testing and analysis of the evidence in minutes.

Shergar Found?

I'm not sure how true this is, but it makes a good story:

http://waterfordwhispersnews.com/2013/09/26/stuffed-shergar-found-in-sitting-room-of-mcfeely-home/

CHAMPIONSHIP RACEHORSE Shergar has been found stuffed in Tom McFeely’s home earlier today.

A Garda source confirmed the Criminal Assets Bureau (CAB) ordered a full scale search of the mansion on Ailesbury Road in Ballsbridge, south Dublin, after a plumber discovered €140,000  last Friday.

The former IRA hunger striker and and bankrupt developer was later arrested at the scene and brought to Store street Garda station for questioning.

It is understood the taxidermied animal was found in a glass case at the back of the McFeely sitting room, wearing full racing gear, including the horses original trainers colours and saddle.

“I entered the premises around ten o’ clock and was blown away to find a life-sized horse just standing there staring at me with one black button for an eye.” said detective Gerard Mackey. “There was a large wooden plaque with the name Shergar written in a comic sans font at the bottom of the case.”

A Garda forensics team later confirmed the DNA taken from the stuffed horse was indeed Shergar’s.

The famous horse was stolen from a stud farm in 1983 by the provincial IRA to raise money for weapons.

The website's back!

Our website is finally up again - http://www.audiolex.co.uk/. Feedback welcome!

We are having problems updating our website www.audiolex.co.uk - in the meantime we are at http://cjsw10.wix.com/audiolex

Perfect homage to our old CACs!

http://wemakecoolthings.blogspot.com.au/2011/04/cassette-tape-light.html

Happy 50th birthday, Compact Cassette: How it struck a chord for millions

A while ago a solicitor rang me about a case, and asked me if I could work with really archaic recording technology. Wondering if he had perhaps found some wax cylinders, I was surprised when he explained that these antiques were in fact compact audio cassettes - the common or garden analogue cassette! Of course, I said, we work with them all the time, as these are what the police use for recording interviews under PACE.
And it is the 50 year anniversary of the cassette:

http://www.theregister.co.uk/2013/08/30/50_years_of_the_compact_cassette/

Apologies for lack of postings recently - I have been struck down by some horrible flue virus ...

"Haiku" killer?

http://news.sky.com/story/1119415/haiku-writing-serial-killer-hunted-in-japan

Detectives are hunting a poetry-writing suspected serial killer in western Japan.

A murder investigation was launched after the bodies of five people were found in a tiny mountain village in Yamaguchi province.
Three bodies were found in two houses that had been burned to the ground.
Two more people found nearby had been battered to death.
All five victims were in their 70s or 80s, police said.
The chief suspect is a 63-year-old villager, whose name has not been released.
Police said they found a haiku poem - a traditional Japanese three-line verse - stuck to the window of his home.
It read: "Setting a fire - smoke gives delight - to a country fellow."
The man has a reputation as a troublemaker in the village, Japan's popular Yomiuri Shimbun newspaper said.
He once boasted to neighbours that he would escape prosecution if he killed people because he is on medication, the report added.

Turmeric powder to be used in forensics

http://www.dnaindia.com/mumbai/1863665/report-turmeric-powder-to-be-used-in-forsenics

Research claims, the Indian herb turmeric works wonders at the crime scene.

Turmeric powder is now all set to enter the scene of forensic investigations. According to recent research in the United Kingdom, when used in a crime scene, turmeric powder enhances the visibility of invisible or latent fingerprints and helps detect a wide-range of molecules present in fingerprints needed to trace the accused. While it’s easy to detect visible fingerprints, latent ones require some means to enhance their visibility.
The research, which was published in the April issue of journal Analytical Chemistry, also says that turmeric's main ingredient, curcumin, can enhance invisible impressions more effectively than traditional dust powders like aluminum, and florescent or magnet-sensitive powder.

The lead researcher, Dr Simona Francese, told dna, “The Indian herb turmeric works wonders at the crime scene. It is not only a fingermark enhancer but also acts as a chemical to aid the ionisation, detection and visualisation of molecules present in the fingermark, using cutting-edge technology called matrix-assisted laser desorption/ionisation mass spectrometric (MALDI-MS)imaging.”
Dr Francese, who is also a senior lecturer in the Biomedical Sciences Department at UK's Sheffield Hallam University adds, “We have now started a field trial with the west Yorkshire police.”
When combined with other forensic tests, turmeric powder will give valuable information on the suspect’s activities before committing the crime.
“We dust for fingermarks with curcumin, lift them off the surface and then spray a mist of solvent, enabling the dissolution and crystallisation of curcumin with molecules present in fingermarks while maintaining their spatial localisation,” she elaborates. When sent for analysis, the fingermark ridge pattern will be reconstructed and lipids, proteins, drugs will be detected.
Dr Francese attributes her work to Indian scientist Rakesh Kumar Garg. Prof Garg is head of the forensics department at Punjabi University, Patiala. In 2011, he discovered that turmeric could be used to visualise fingermarks on different surfaces and SHU’s Fingermark Research group took up Garg’s discovery. “We want to include curcumin among other forensic powders that are recommended by the Home Office,” she says.