Flawed Forensics lead to bad convictions

Lies Our Government Tells Juries to Believe Lead To The Convictions Of Innocent People

One of the hardest battles I've had to face in the courtroom showing why Government "experts" trained by the government on how to testify, giving their "opinions" to juries, who believe them, even when more competent experts have different opinions.  We have shown juries that defense experts, science, and even jury instructions lead them to a proper not guilty verdict, but they insist on believing the government.  Many times government witnesses have testified to rapid absorption of alcohol, and used flawed science to conduct "retrograde extrapolation" and determine that my client is "A Liar" and was "impaired" when driving.  It has affected many of my cases, even homicide cases, where government interests and personal goals are set toward gaining a conviction.  Officers, trained to testify "effectively" during the academy.  Government witnesses, experts who have been trained on effective testimony and testified hundreds or thousands of times, crime lab personnel, and forensic laboratories who make all or a substantial portion of their income from the government, who is seeking a conviction in a criminal case all ganging up to convict my client.  

My client uses his limited resources to hire a voice, a single voice to help him fight the injustice, scrapes together funds to hire an expert, and watches while science shows he / she was actually innocent.  Then, trained witnesses, professional witnesses with the backing of the "government" to bolster their credibility testify to what I believe, and like the lawyers in these cases argued, is incorrect science, only to see the jury convict because the government witness has no interest in the case other than honesty.  Not true, just more lies the government tells us to further their agenda.

Today, like many times before, the junk science and incorrect testimony of our government witnesses is being shown to be wrong.  Remember, many days in court the lawyer, the experts, the defendant stood up and argued this, but it fell on deaf ears as the juries convicted.  They must have doubted the honesty of the lawyer, the "hired gun" forensic expert working for the defense, or believed the officers testimony.  Now, the government stands up and admits it was wrong.  Why can numerous experts, defendants, and defense attorneys argue a point for years and people don't accept it as truth, but the moment the government admits they were wrong, we once again, believe the government?

FEDS ADMIT FLAWED TESTIMONY:

Forensic examiners called into question

Among other aspects of the article there are several aspects that stand out.  "The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000."  Further, "Of 28 examiners with the FBI Laboratory's microscopic hair comparison unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95% of the 268 trials reviewed so far. . ."  

Other Key Points:

  • 14 people have been executed based on this flawed testimony
  • Hair and bite marks comparisons have contributed to the wrongful convictions of 25% of the 329 DNA exonerated cases since 1989
  •  FBI experts systematically testified to the near-certainty of "matches" of crime-scene hairs to defendants, backing their work by citing incomplete or misleading statistics drawn from their case work.
  • In 2002, the FBI reported that its own DNA testing found that examiners reported false hair matches more than 11% of the time.

Link To Washington Post Article

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Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

D v

Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Climb

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.