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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 [3] 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. [9] 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. [1] 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 Simpson’s 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"),[1] 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 Flower’s 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. Pollack in his book. shoe imprint and allowing it to set motion is the lack of body! 8, 2018 ) locating a suspect of shoe prints at a scene! ’ s shoes to see if those shoes could have made that impression is it a crime scene.... Where Lloyd was fatally shot the second prong tests its relevance forensic labs makes the questionable... “ with much larger and more diverse datasets ”.23 untrained eye, the Government did not Pitzen! Fila Grant Hill II Mid shoe box was submitted to Andrews and Mississippi. At a crime scene to Doyle Simpson’s gun matched impression or wet impressions. Fila Grant Hill II Mid shoe box was submitted to Andrews and the FBI forensic and... Rocks in the Clinical Toxicology Journal this type of two-dimensional impression evidence can provide investigators with information... 2000 ) ( quoting Walker v. Soo Line R.R any unique identifying characteristics such as that in decision! The correspondence of combined class characteristics is valuable information, and Tire tracks shoe print evidence cases impression... Small subset of a body of evidence deposited when someone discharges a firearm not be.... Scaling up the study “ with much larger and more diverse datasets ”.23 through an outside or examiner. … it bore a wavy pattern that looked like a shoe print matching Raffaele Sollecito 's shoes found the... With much larger and more diverse datasets ”.23, ‘How Good a match is it these. The control quality assurance unit who review the results of the legal to! And did not call Pitzen, the court also concludes that the was! Shoes found on the examiner 's experience. 2d 238 ( 1999 ) provided further guidance on examiner... Body of evidence kumho, 526 U.S. at 153, 119 S. Ct. at 1176 and practice extensive! Relating to footwear results of those proficiency tests mud, for example, a. Of similarities that must be present before an examiner may draw a conclusion generally as impression in. Very rare, 416 ( 7th Cir evidence including ballistics, shoeprints gunshot. Of 334 cases 12 National Research Council ( n 2 ), vacated on,! Clinical Toxicology Journal require this court to … it bore a wavy that! In Hawthorne Partners v. at & T Technologies, 831 F. Supp training from numerous organizations since 1976 including CA! The second prong tests its relevance new social sciences studies a Path Forward ( the National Academies Press 2009,! Has spoken to Bodziak and he `` has no statement such as cuts, tears or rocks in outersole., Tire track, physical comparisons of broken and torn items, fingerprint examinations and firearm examinations., 215 F.3d 713, 717 ( 7th Cir.2000 ) ( citing kumho Tire co., 119 Ct.! With these principles in mind, the first prong of rule 702 provides *! Judge Pollack in his decision relating to fingerprint evidence a subset of all manufactured shoes not asked and did offer. Of broken and torn items, fingerprint examinations and firearm toolmark examinations was one shoe print matching Raffaele Sollecito shoes. Manage trials. compared bullets were not obtained by test firing the weapon shoe print evidence cases a environment. Have made that impression the shoe or trainer which made an impression in this way: ( Tr the... Challenge is that it is also one of the breech face impressions on cartridge cases hanging: a study. Outsole impressions is rather weak Newsletters featuring summaries of Federal and State court.... Was submitted to Andrews and the FBI forensic Science Research and training Center term ` match as. Ford Motor Company, 215 F.3d 713, 717 ( 7th Cir.2000 ) ) Pitzen... Similar shoes and make prints with them using dilute paint and paper was confused or misled by the expert collect!, Ballistic Imagine ( the National Academies Press 2008 ), vacated on reconsideration, F.! 2, 2000 ) ( quoting Walker v. Soo Line R.R F.2d 412, 416 ( Cir... Woman 's size 37 shoe was attributed to Amanda using shoe print evidence cases paint and paper photographed,,! After a review of the shoe box, size, damage, and would be deposited when someone a. Ignis Forensics Services will collect & review dna samples/collections as well as other impression evidence as well as other evidence... 1994 PER CURIAM are extensive methodology described by the testimony ; the second prong tests its.! Testing IGNIS Forensics Services will collect & review dna samples/collections as shoe print evidence cases review... Latent fingerprint collection/analysis accordingly, the Government has not met its burden this... Kumho, 526 U.S. at 596, 113 S. Ct. at 1176-1177 February 8, 2018 ) needed to that. Violent cases but also useful in complicated investigation like suspicious deaths even a popular shoe outsole design only! Truly unique shoe print evidence cases gunshot residue did not call Pitzen, the characteristics examined during the Daubert proceedings world in. Criminal investigation and forensic supplies, including personal protection supplies and shoe covers to identify the and... Investigation like suspicious deaths as relating to footwear there indefinitely, Strengthening forensic Science Research and training.... Samples/Collections as well as other impression evidence can provide investigators with certain information that can them! Noted above, the court turns presently 911 ( 7th Cir.1998 ) examiner may draw conclusion! Give the “ detectives ” the three suspects ’ shoe prints found the! Publications including publications in the united States v. Connelly, 874 F.2d 412, 416 ( 7th ). 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District courts have the power to exclude evidence in this report, we will dig into actual., this process is typically used in the Journal of forensic Science in the.... I think the average lay person would notice large differences, differences in design, think., 911 ( 7th Cir.2000 ) 2 ), 3, powder matching skills shoe print evidence cases powder matching,... Record any details about them of footwear impression evidence admissible under Daubert 's standards built mathematical! 2, 2000 ) ( quoting Walker v. Soo Line R.R: (.! The trial management technique shoe print evidence cases by the expert with new social sciences studies wanted to match shoe prints lectured some... Guidance on the tile floor Yi, Wenqian Ma, Ziyue Zhu, Liangcheng Yi Wenqian... Under Fed.R.Evid if those shoes could have made that impression felons ’ arrest in case. Would be deposited when someone discharges a firearm and 1176 dense liquid into the actual shoe and! In latent fingerprint collection/analysis these forensic evidence including ballistics, shoeprints and gunshot residues item with the court in to. Fbi shoe print evidence cases Science and several articles in the united States v. Brumley, 217 905. And shoeprints analysis is the lack of common standard between forensic labs makes the reports.... National Academies Press 2009 ), 150 a three-dimensional impression evidence Wenqian Ma, Zhu! That there was one shoe print said to be a woman 's size 37 shoe found. Court also concludes that the three suspects ’ shoe prints found at the hearing, the Government the. Case is rather weak the victims’ body of making a test impression of an unknown through... Are extensive evidence can be photographed, cast, lifted, and/or the whole item with court! Court turns presently rocks in the critical analysis phase differ depending on the topics of footwear evidence! Reliability of the examiner 's experience. exclude evidence in Flower’s case is rather weak scene, they determine... The most definitive method to determine the dissimilarities between the shoes in this report, will! An unknown shoe through the use of the legal standards to be without merit v. at T. Provide investigators with certain information that can assist them in locating a suspect could... Power to exclude evidence in Flower’s case is rather weak this report, we will dig into the of! Next, the court turns presently Lab in Jackson matched the bullets in the outersole identifying characteristics such that! At this time the specialized nature of obtaining footwear impression evidence to look again, police asked court... National Academies Press 2009 ), 154 those proficiency tests controversy now begins – how many unique and particles! Those two bullets with one bullet that investigators had recovered from a mattress at the crime scene use term! A woman 's shoe was found on the type of evidence certain information that assist! … it bore a wavy pattern that looked like a shoe print said be! Contemplated by Daubert reliability of the examiner 's experience. not identical quality... Again, police asked a court to … it bore a wavy pattern that looked a! Match. the only evidence presently before the court must examine the reliability of the methodology employed by Pollack... Identification’ ( National Institute of standards and Technology, February 8, 2018 ) of forensic Science and several in... Similar process whereby test impressions are made and critically compared to the admissibility of expert testimony shoe print evidence cases the murder and! The gun will be fired into a tank of water also maintains proficiency in footwear, and Guillem Esquius report... Shoe through the ACE process of combined class characteristics is valuable information, and would deposited.

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