Click here to start
Table of contents
WAKING THE GATEKEEPER: ATTACKING THE STATE’S EXPERT WITNESSES
PowerPoint Presentation
Slide 3
Slide 4
THE WILLINGHAMS
THE WILLINGHAM CHILDREN
WILLINGHAM HOME DECEMBER 23, 1991
STATE DEPUTY FIRE MARSHAL MANUEL VASQUEZ
CO-STARRING WITNESS THE STATE
TEXAS GOVERNOR RICK PERRY DENIES CLEMANCY
Slide 11
Todd Willingham January 9, 1968 – February 17, 2004
Todd Willingham February 17, 2004
Slide 14
Slide 15
Criminal Procedure Rule 16(b)(1)(B)
Slide 17
Nacchio v. United States, 555 F.3d 1234 (10th Cir. 2009)
MESSAGE FROM AN APPELLATE LAWYER TO ALL YOU AWESOME TRIAL LAWYERS OUT THERE:
INVESTIGATE THE STATE’S EXPERT WITNESS
AWESOME WEBSITE FOR TRANSCRIPTS
United States v. Robinson, 44 F.Supp. 1345 (N.D.Ga. 1997)
Ratliff v. State, 110 P.2d 982, 985 (Alaska App. 2005)
Dymenstein v. State, 720 P.2d 42, 45 (Alaska Appeals 1986)
WHY IT IS A REALLY GOOD IDEA TO DO A LITTLE RESEARCH ON THE STATE’S EXPERTS
It’s an uphill struggle, folks:
Model Fingerprint Cross-Examination Jennifer Friedman Los Angeles County Public Defender
Slide 28
Slide 29
Art vs. Science Instruction United States v. Starzecpyzel, 880 F. Supp. 1027, 1050-51 (S.D.N.Y. 1995)
THE NAS REPORT
OVERALL CONCLUSIONS
OBSERVER EFFECTS
Slide 34
JUNK SCIENCE CONVICTS INNOCENT CLIENTS
Slide 36
Slide 37
“In March 2004, the Federal Bureau of Investigation (FBI) Laboratories identified Brandon Mayfield, an Oregon attorney, as the source of a latent fingerprint recovered from a plastic bag containing explosive detonators found near the site of commuter train bombings in Madrid, Spain that killed 200 people and injured almost 1,400 others. Based primarily on the FBI laboratory’s conclusion, the FBI arrested Mayfield as a material witness in May 2004. Approximately 2 weeks after Mayfield’s arrest, the Spanish Police (SNP) informed the FBI that it had identified an Algerian national, Ouhnaw Doud, as the source of the latent fingerprint.
The FBI subsequently examined Daoud’s fingerprints and withdrew its identification of Mayfield, and Mayfield was released from custody after being held for 14 days. The FBI issued a formal apology to Mayfield and his family.