Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

Elimination of board monitoring forensic evidence is disappointing

On Behalf of | Apr 18, 2017 | Wrongful Convictions

There is no debating that forensic science plays an important role in the criminal justice system. One assumes there also would be little debate over the position that, when forensic science is used to convict people of crimes in the United States, that science should be precise and believable.

We have known for some time, however, that is often not the case. As a recent Rolling Stone article states, “It’s hard to overstate how bad the junk forensics problem is.”

For example, an FBI report states that as of March 2015, 96 percent of the 268 cases it reviewed in which microscopic hair analysts testified against defendants included erroneous testimony. Defendants in at least 35 of those cases received the death penalty, and errors were identified in 33 of those cases.

A Concerning Move By the DOJ

That is why there is significant concern and widespread dissent over a decision earlier this month by Attorney General Jeff Sessions to disband the nonpartisan National Commission on Forensic Science (NCFS). The Department of Justice under the Obama administration established the NCFS in 2013 to improve the reliability of forensic science. The commission includes forensic science service providers, research scientists and academics, law enforcement officials, prosecutors, defense attorneys and judges.

Sessions is defunding the commission and replacing it with an in-house adviser and possibly a new commission – one that, as the Rolling Stone article states, will likely be significantly more prosecution friendly.

Brief Reform

The move is not surprising. Sessions is a former prosecutor who, as the junior senator from Alabama in 2009, waived away a scathing report from the National Academy of Sciences that found nearly every familiar staple of forensic science scientifically unsound. The report recommended the formation of a national, independent oversight agency designed to ensure effective oversight of forensic evidence, but that recommendation was rejected due to concerns from federal and state law enforcement agencies.

The NCFS was formed as a compromise solution, and now it is being dissolved after only two years.

“The loss of an even partially independent national commission is no trivial matter,” states Erin E. Murphy, a professor at New York University School of Law, in a New York Times opinion piece published last week. “We know what happens when prosecutors and police officers control forensic science, instead of scientists. We have already lived through an embarrassing parade of wrongful conviction, tragic incompetence, laboratory scandal and absurdly unsupported forensic findings. We have commissioned the studies, read the reports. They brought us to the place we are now, at the cusp of something better. Sadly, with the flick of one prosecutor’s self-interested pen, that vision is now gone.”

Archives

FindLaw Network

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)