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In court papers, investigators said the sneakers appear to match shoe prints found at the scene where Lloyd was fatally shot. As indicated previously, both government witnesses testified that the science of shoe print comparisons require the training and expertise from professionals to ensure an accurate conclusion. These forensic evidence together helped send Flowers to death row, but critics argue that this field is subjective and unscientific. . Judge Pollack stated: At the upcoming trial, the presentation of expert fingerprint testimony by the government, and the presentation of countering expert fingerprint testimony by any of the defendants, will be subject to the court's oversight prior to presentation of such testimony before the jury, with a view to insuring that any proposed expert witness possesses the appropriate expert qualifications and that fingerprints offered in evidence will be of a quality arguably susceptible of responsible analysis, comparison and evaluation. Wiersema "always recommend[s that] you photograph a gelatin lift." In his Motion in Limine, the Defendant asserts that the opinions of the proposed expert are not reliable in that the underlying methodology which forms the basis of the proposed expert's conclusions is not scientific in nature. Wiersema then explained that Bodziak ". After a review of the legal standards to be applied to the admissibility of expert testimony, the Court shall consider these arguments. at 1400-01. More recently, a team of researchers at the National Institute of Standards and Technology (NIST) published study in Forensic Science International.21 This study is more promising not only because it continues to develop a statistical approach able to assess error rates, but also because it tries to address the problem of subjectivity by eliminating the human factor. Even though the shoeprints may have been trampled upon, they The indictment alleges that on or about October 28, 2001, the defendant entered or attempted to enter the Standard Federal Bank located at 4036 Coldwater Road, Fort Wayne, Indiana, whose deposits were insured by the Federal Deposit Insurance Corporation, with intent to commit a felony therein, namely taking and carrying away with intent to steal property and money belonging to and in the care, custody and control of the bank. Likewise, Wiersema testified that the methods for examining footwear impressions that she described are widely accepted in the forensic community and have been utilized since the 1700s. In many cases, technicians will make a casting of the print so that a duplicate may be produced. During cross-examination, defense counsel specifically questioned whether the technique used to obtain gelatin lift test impressions distorts the unknown impression, to which Wiersema responded as follows: Vanderkolk described a methodology similar to the one described by Wiersema for creating footwear impression evidence. Vanderkolk has authored several publications for the Journal of Forensic Identification and made numerous presentations to numerous state divisions of the International Association for Identification relating to impression forensic issues. Shoe impressions or footprint impression evidence can be used to connect a culprit to the crime. Kumho Tire, 526 U.S. at 153, 119 S. Ct. at 1176-1177. p. 38). The shoeprint was later determined by Andrews to be consistent with Fila Grant Hill size 10 ½ tennis shoes, which were of the same size as worn by Flowers. Have them carefully analyze the print and record any details about them. 13 Theory of Identification, Range of Striae Comparison Reports and Modified Glossary Definitions An AFTE Criteria for Identification Committee Report (1992) 24 Journal of the Association of Firearm and Tool Mark Examiners, 336-340. The profile from the suspect's shoe matched a sample from the only dog on the property where the slayings occurred. With these principles in mind, the Court now turns to the background for the testimony the Government seeks to offer at trial. These impressions can be compared to the suspect’s shoes to see if those shoes could have made that impression. DNA TESTING IGNIS Forensics Services will collect & review DNA samples/collections as well as review lab results. There is also a second comparison method termed "side by side comparison" wherein the examiner is "looking at the shoe, looking at the test impression and looking at the questioned impression to verify that those, are, in fact, characteristics that are on the bottom of the shoe." In these cases, records are linked so that all tires that might match a  Wiersema also testified about her knowledge and familiarity with a publication entitled "Footwear Impression Evidence" authored by William J. Bodziak ("Bodziak"). A positive result for gunshot residue can mean many things. United States District Court, N.D. Indiana, Fort Wayne Division. Next, the footwear expert most obtain a suspect’s known shoes in order make an assessment as to the possible origin of the questioned print(s). Although the record is unclear on this point, it appears that despite the different method of obtaining the test impression, i.e., gelatin vs. powder, the critical analysis phase of the examination remains the same. Second, there might be possible damage to the bullets, as the investigators extracted the bullets from the wooden post using a knife and therefore possibly creating additional markings on the bullet. They compared those two bullets with one bullet that investigators had recovered from a mattress at the crime scene. Identifications are largely subjective and are based on the examiner's experience." And I certainly do not think the *866 average lay person would notice the subtle differences that occur between three molds of a size ten . Vanderkolk explained how, through his training, he is able to determine the dissimilarities between the shoes in this way: (Tr. For decades, the forensic science disciplines have produced valuable evidence that has contributed to the successful prosecution and conviction of criminals as well as to the exoneration of innocent people. Thus, this court sees no reason not to extend the reasoning of these opinions to the technique of footwear impression evidence which is substantially the same as that of fingerprint impressions.  The court uses the term "science" loosely as it has noted that this body of impression evidence is more properly classified as technical or specialized knowledge as opposed to scientific evidence. Frey v. Chicago Conservation Ctr., 119 F. Supp. However, they are optimist about the possible results of scaling up the study “with much larger and more diverse datasets”.23. According to Wiersema, "all of this type of evidence normally is examined using powder matching skills, powder matching techniques." The Adidas shoe is one of the key pieces of evidence in the state’s case against Wise. eds., Strengthening Forensic Science in the United States: A Path Forward (The National Academies Press 2009), 150. Wiersema was not asked and did not offer any testimony *862 or statistics as to the results of those proficiency tests. As Fila manufacturer told Andrews that all of the Grant Hill II designs have the exact same outsole pattern, an investigator purchased a similar pair of shoes so that they could be compared to the impressions from the scene. 648, 655 (N.D.Ill.1994) (citing Luce v. United States, 469 U.S. 38, 41 n. 4, 105 S. Ct. 460, 463, n. 4, 83 L. Ed. But this is not the inquiry which Daubert and its progeny require this court to make. Co., 208 F.3d 581, 590 (7th Cir.2000)). 29 Okorie Okorocha, The Reliability Of Gunshot Residue (Los Angeles Forensic Toxicology Expert Witness, December 8, 2017) accessed March 8, 2019. A supplemental Daubert hearing relating to the specific testimony to be offered by Pitzen at trial will be held on June 13, 2002 at 3:00 p.m.  Wiersema has a professional certification as a Footwear Examiner by the International Association for Identification Footwear Certification Board, Bachelor of Science degree in Chemistry from St. Louis University, and she has completed the course work for a Master's Degree from California State University. As to this evidence, the Defendant's main challenge is that it is not "scientific evidence" as contemplated by Daubert. In order to look again, police asked a court to … The admissibility of expert testimony whether based on "scientific," "technical," or "other specialized" knowledgeis governed by Fed.R.Evid. Further, when examining the expert's methodology, the court must look only at the methodology employed by the expert. 2d 238 (1999). Since Doyle Simpsons gun was never found, the examiners could not obtain a bullet in an optional condition and had to rely on the bullets extracted from the wooden post. the trial judge must determine whether the testimony has `a reliable basis in the knowledge and experience of [the relevant] discipline.' The first witness, Sandra Wiersema ("Wiersema"), is a forensic examiner with the Federal Bureau of Investigation Laboratory in Washington D.C. whose exclusive duties at the FBI laboratory relate to footwear and tire tread evidence. The court has no doubt (and defense counsel did not pursue any argument to the contrary) that the two witnesses who provided testimony at the Daubert hearing are qualified in the relevant field. 12 National Research Council (n 2), 154. FED.R.EVID. Such a conclusion will have to wait until after a supplemental Daubert hearing wherein the court has an opportunity to review Pitzen's proposed testimony. 702 requires a district court to determine "(1) whether the expert would testify to valid scientific knowledge, and (2) whether that testimony would assist the trier of fact with a fact at issue." They also stated that one shoe print of a woman's size 37 shoe was found on a pillow case. (citation omitted); Id. The ultimate question is: can the defendant establish that the footwear impression practices followed in this case are so deficient under the standards described by the Government's witnesses that the testimony must be excluded altogether; or is this simply a matter for cross-examination so that the jury can assess how much weight to give to the purported testimony in this case? The court is also mindful that the reliability of this process has been upheld in numerous recent cases as applied to fingerprint identifications, see United States v. Cruz-Rivera, 2002 WL 662128 (D.P.R., March 27, 2002) (denying motion to exclude fingerprint identification under Daubert); United States v. Plaza, 179 F. Supp. 2d 549 (E.D.Pa. Kumho further indicates that in assessing reliability the district courts are entitled to be "flexible" and are not required to consider the familiar Daubert "factors" (i.e., whether a theory or technique can be or has been tested, whether it has been subjected to peer review and publication, whether it has a known or potential error rate, and whether it enjoys a general acceptance within a relevant scientific community) in every case involving expert testimony. . Finally, as the Government points out, the use of expert testimony in this case also serves as a prophylactic measure for the defendant in that it prevents a jury comprised of untrained eyes from evaluating the forensic evidence in this case and reaching what is, perhaps, an erroneous conclusion clearly not supported by the forensic evidence. The basic task of the district court with regard to analyzing reliability is to determine whether the expert is qualified in the relevant field and to examine the methodology the expert used in reaching his conclusions. Unfortunately, latent crime scene prints are often low quality, reducing accurate identification of … After waiting a minute or so for the gelatin to adhere to the impression, the lift is removed and submitted for examination photography. Thus, the only evidence presently before the Court in response to the Defendant's motion is the general methodology regarding footwear impressions. of%evidence%left%behinddepends%largelyon%the%type%of%surface%traveled.%For% example,%a%shoewill%leavean%impression%in%loosesand,%but%on%a%hard%surface Evidence • Richardson case – Scotland – 1786 • Routinely accepted in courts throughout US, Canada and Europe Wiersema testified that she has spoken to Bodziak and he "has no statement such as that in his book." At the hearing, Vanderkolk demonstrated this principle by the use of two photographs of shoe outer soles and asked the court to compare the two. Pinker developed expertise in trace evidence analysis and Jones developed expertise in latent fingerprint collection/analysis. Specifically, Pitzen is anticipated to testify that a gelatin impression of an unknown shoe print left at the scene of the bank burglary corresponds in size and physical characteristics with the shoe the defendant was wearing at the time of his arrest. It is also worth noting that the lack of common standard between forensic labs makes the reports questionable. Of shoe print and tire track evidence in particular, the report said, "The educational background of forensics scientists who examine shoeprints and tire track impressions runs the gamut from a high school diploma to scientists with Ph.D.s. Here, through cross-examination, defendant will have ample opportunity to challenge the proposed expert's opinion and to explain to the jury how that opinion is, in his opinion, erroneous. "Kumho, 526 U.S. at 149, 119 S. Ct. at 1175 (brackets in original) (quoting Daubert, 509 U.S. at 592, 113 S.Ct. What this documentation does not tell the court, however, is Pitzen's proficiency in obtaining impression evidence, how frequently he utilizes his training in the area of impression evidence, how often he is proficiency tested, etc. Glass Evidence reference database Th s database conta ns more than 700 ... match the shoe print. Any error that does occur, according to Vanderkolk, is caused by examiner error in the application of the process or by examiner error in reaching a particular conclusion. 2 Gayle Swenson, How Good a Match is It? The shoeprint evidence in Flowers case is rather weak. From this colloquy, it appears that what the Government seeks presently is a determination by this Court that the general methodology of footwear impressions, as described by its two witnesses, is valid and reliable without any pre-trial demonstration that this methodology was employed by the proposed expert in the present case. Wiersema explained that examiners in most laboratories undergo proficiency training and testing to ensure accuracy in their field. Here, whether the shoe impression taken from the bank is similar to the shoe the Defendant was wearing at the time of his arrest is certainly relevant to the jury's determination of the disputed issue of whether the Defendant was, in fact, in the bank as alleged by the Government. DePaepe v. General Motors, 141 F.3d 715, 720 (7th Cir.1998). instances, shoeprint evidence is also one of the most neglected and abused types of evidence. He also teaches crime scene technicians on the documentation of crime scenes and was the primary instructor of proposed expert witness Pitzen in the areas of footwear, tire tracks and physical comparison of torn items. With this conclusion, however, the court's present inquiry must come to an end. 509 U.S. at 596, 113 S. Ct. at 2798. The softer metal of the cartridge case explodes backward with equal force against the stronger metal of the mechanism that absorbs the recoil, called the breech face, leaving impressions.2, These striations and impressions are known as “toolmarks”.3, According to ballistics experts, the theory of firearm identification holds that these striations and impressions in bullets and cartridge cases, have microscopic imperfections due to random variations in manufacturing and repeated use,4 and that therefore, they are unique, like “ballistic fingerprints”. Before the court is Defendant, Anthony Allen's ("Allen's") "Motion in Limine" filed *858 on March 28, 2002 seeking to exclude certain expert opinions relating to footwear impression evidence anticipated to be elicited at trial by a government witness based upon the principles set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S. Ct. 2786, 125 L. Ed. . The answer to this question varies widely from lab to lab across the United States and in the United Kingdom.33, Jurors, and sometimes judges, can be confused or misled when a crime laboratory reports an unqualified finding of the presence of gunshot residues. 24 Liukkonen, Markku et al., The role and duties of the shoeprint/toolmark examiner in forensic laboratories (1996) 82.1 Forensic science international, 99-108. The court also concludes that the proposed expert's testimony, assuming use of the standard methodology described, is relevant in this case. With this demonstration, it appears clear to the court that the subject of footwear impression evidence is a body of technical or specialized knowledge within the meaning of Rule 702 in that it requires special skill and knowledge to reach competent results. 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