The US supreme court ruled a few weeks ago that the chemists that perform tests in forensic analysis are not immune from cross examination by defense attorneys. It’s not surprising that the American judicial system did not inherently allow for this, since it’s a very biased and fucked up system. With this tool in the briefs of attorneys, it sets up a very real and very likely chance that a number of methods used in forensic science, as conducted in the state crime labs, will not hold up to scrutiny. Not because they’re necessarily invalid (though, we shall see about that), but because they’ve not been done with the appropriate controls – an argument mentioned in the majority arguments by Scalia:
He cited one report, for example, that said “there is wide variabiility [sic] across forensic science disciplines with regard to techniques, methodologies, reliability, types and numbers of potential errors, research, general acceptability, and published material.”
Putting the chemist or lab technician on the stand to be tested by cross-examination, the majority said, will help “weed out not only the fraudulent analyst, but the incompetent one as well.
While this is a good thing for people who are accused of crimes they didn’t actually commit, it provides a way for a young, naive lawyer to get unfortunately schooled in a cross examination. Without knowing the fundamental questions one should ask (and know before you ask) this could be a strategic blunder, making the forensic evidence look all the more compelling.
So, then, what should a young lawyer who suddenly learned they have this new power look for? Frankly, I don’t know – but I can say there are somethings they should be aware of:
TLC (thin layer chromatography) is not a quantitative method because commercially obtained plates do not contain a consistent density and quality of silica, which means any TLC results are suspect without a co-spot. Even so, co spotting can be misleading, unless you’re using the correct visualization method, to make sure you don’t have any overlapping spots. In effect – I’d thing TLC evidence would be the easiest to toss out and make fun of as a method to corroborate a story. It may be good enough to test purity for a rough guess, but it’s not accepted in the journals as proof – because it’s not.
MS (mass spectrometry) can be misleading since calibration of the instrument must be done correctly. Any competent technician will give the method of calibration. I would guess that state labs use old equipment and they very would could be passing off aberrant noise as a peak of some sort.
Actually, I have to assume most of the stuff they’re doing is done on really old equipment – though that in itself isn’t reason to suspect the results. Questions regarding the validation of that equipment, however, is appropriate. Most scientific instrumentation loses some degree of precision as it ages, rendering it less accurate at the extremes of its detection ranges. External companies are often used (and are usually necessary) to validate the instruments to some specification (I assume NIST standards) and provide proof of that validation. Equipment that lacks this validation may not necessarily provide reliable evidence. If a case could result in a very long incarceration of someone who may be innocent, the calibration – even in a reasonable range of detection, should be a concern.
GMP protocols probably will provide a better guide than I could. I assume if it’s a standard by which drugs are made, it should be a standard by which evidence is measured….



Several industry friends have mentioned that cGMP is code for “more paperwork.” No real difference in the science, just a bureaucratic chain of custody.
One of my best friends (a cop) was put on the stand in traffic court. The defense attorney asked him about the error associated with his radar gun. He responded, “None, ma’am. They’re top of the line.” He’s still scratching his head as to why the case was overturned.
Back off, man – I’m a scientist!
TLCs are used in courts as evidence?
This is truly scary. If people get convicted based on a TLC trace, there is no hope…
As I mentioned elsewhere, I was really dissappointed that it was a 5-4 decision. Looking at this case and others involving patent disputes, you can see clearly that the justices have a “CSI/popular press mentality” about science and how it works.
Here in Minnesota, the state Supreme Court recently ruled that a defendent can now look at the software in a breathalyzer, something that the manufacturer has declared proprietary. No one is sure how that will play out just yet. I would imagine that the same thing could happen here soon with radar guns.
Another free tip to defense attorneys: Ask when the MS was last tuned/calibrated.
All the drug/forensics labs I go to stay on top of tuning and their MS stay in pretty good shape. The other labs I go to? Not so much.
Look up the hourly rate for court-admitted expert witnesses. You could pull five figures/year for polishing your suit pants in witness stands while learnedly, sonorously eructating freshman analytical lab.
No more classes,
No more books,
No more HR dirty looks.
There are remarkable benefits (e.g., multitudinous tax-exempt reimbursements) to being your own corporation. Just one thing… The legal profession refers to expert witnesses as “whores.” It’s better than being a lab chigger! A whore keeps its dignity, at least comparatively.
Google
“expert witness” whore 9440 hits
“chigger”?
I never thought the Internet PC Cadre would get to Uncle Al.
A moment of silence, please, everyone.
Uncle Al was polite in deference to the Blog holder. Manners matter. The original reference is Occidental Research Corporation and “send in the lab nigger”, that having been Uncle Al.
One of Oxy’s many triumphs was starting with ~500 lbs of coal and through oxidation to benzene polycarboxylic acids, decarboxylation and isomerization (specifically without Uncle Al’s catalyst)to terephthalate, purification, polymerization, extrusion and weaving… presenting Armand Hammer with a small polyester handkerchief – from coal! Off the books, a 25 pound tub of Amoco terephthalic acid disappeared into the brew-ha-ha (seed crystals?).
If you are making terephthalic acid from coal (you poor bastard lab nigger), screw Henckel catalysis with cadmium salts,
http://pubs.acs.org/doi/abs/10.1021/ja01579a043
Copper (I), specifically CuCN, is simply amazing as a starting point. Before Uncle Al, catalyst assay was 5/week in an autoclave bunker. After Uncle Al, catalyst assay was 12/day in a fume hood, same reaction conditions (know thy Swagelok catalog and keep it wholly). Analytical screamed. Pookie pookie.
It sounds more like they are finally moving beyond the CSI crazy.
If the person collecting evidence can be examined, why not the person who does the tests?
While this isn’t so much the case in academic labs (it pained me to watch what some students put the shared-use GCMS at my last school through), IME analytical labs tend to baby the instruments they use, even the old ones–they’re calibrated frequently and well maintained. The MS methods used by the environmental lab I worked at involved a lot of standards, and the fragment ions/GC peaks/retention times for these were carefully monitored–if things didn’t look right, the column had to be cut or replaced. As far as external validation, we used external standards–of known value with each run, and of UNknown value (unless you were the QC officer) quarterly as a proficiency test for the analyst. Of course, we weren’t a forensic lab–and a lot of their methods (like the microscopy a friend of mine was doing) don’t seem to lend themselves to quantification easily. A lot of state forensic labs are probably in decent shape because what they do gets lumped in with law enforcement, and therefore they get money–it being political suicide to not include throwing money at the cops in the budget and all.
Having worked in an australian gov analytical institution I must say that (at least over here) it’s just not true that analytical labs use old, unvalidated and uncalibrated instrumentation and end up with dodgy results. Analytical labs are certified by some national accreditation authority and get subjected to various audits to make sure those results aren’t just random MS noise. And these guys take this stuff very seriously! Validations are done (over here…) internally (and thoroughly and regularly), so results are supposed to be traceable to NIST or BIPM standards.
Maybe you haven’t worked much with analytical chemists and don’t fully realise the heights of pedantic detail these guys are capable of and actually WILLING to go to. If analytical labs were staffed by organic chemists your ideas would be quite right though!
\am not analytical chemist…think they are a bit nuts.
Fair enough — I didn’t know that.
yes! this was my experience too.