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What we found was a startling lack of scientific support for forensic pattern-matching techniques such as toolmark analysis; a legal system that has failed to separate nonsense from science even in capital cases; and a consensus among prosecutors all the way up to the attorney general’s office that scientifically dubious forensic techniques should be not only protected, but expanded. With Donald Trump in the White House and Jeff Sessions at the helm of the DOJ, the nominal momentum for forensic-science reform spurred by the two major reports is slowing. Genrich’s case reveals a system that makes it nearly impossible to throw unproven forensic science out of courts and may be keeping thousands of innocent people behind bars.12 On a bitterly cold Valentine’s Day in 1929, four men hired by Al Capone entered an unheated garage on Chicago’s North Side and ordered the seven men inside to line up against a brick wall. Two men in suits and two men dressed as police officers carrying Tommy guns unleashed a barrage of bullets into henchmen of the infamous Chicago mobster George “Bugs” Moran. The police were stymied until they raided Fred “Killer” Burke’s house and found guns they suspected might have been used in the massacre. Burke wouldn’t confess, and the guns were the best evidence linking him to the crime, so they sent the weapons to Calvin Goddard, a former physician and pioneer in the new field of “forensic ballistics” at one of the nation’s first crime laboratories. (His new method of matching bullet casings to guns had played a role in the controversial 1927 execution of Italian-American anarchists Sacco and Vanzetti.) Goddard fired “test” bullets from Burke’s guns and, using a “split-image” comparison microscope he had helped invent for the purpose, matched grooved marks left on the test bullets and casings to those on bullets and casings found at the crime scene.13 Goddard’s forensic ballistics is now known as “firearm and toolmark analysis,” and the field has since grown to include hundreds of examiners in crime labs nationwide. While making matches with household tools is less common, convictions have been secured in part based on marks left by knives, bolt cutters, bayonets, scissors, screwdrivers, pipe wrenches, or—as in Genrich’s case—pliers and wire-strippers. These marks are often harder to parse than those on bullets, because while all bullets fired from a gun follow the same path down the same metal barrel, toolmarks depend on multiple variable factors such as the angle and pressure with which a tool is applied to a surface, which may be hard or soft, spongy or brittle.14 “We don’t want to create hysteria but there is a person out there with no regard for human life.” — Grand Junction police lieutenant to the local newspaper Firearm and toolmark analysis emerged out of a national push in the early 20th century to professionalize police investigative techniques at a moment when Americans were particularly enamored with science. Law enforcement borrowed terms from science, establishing crime “laboratories” staffed by forensic “scientists” who announced “theories” cloaked in their own specialized jargon. But forensic “science” focused on inventing clever ways to solve cases and win convictions; it was never about forming theories and testing them according to basic scientific standards.
For the original version including any supplementary images or video, visit https://www.thenation.com/article/the-crisis-of-american-forensics/
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