Forensics Talk

Report: Faulty Fire Probe Led To Execution

MSNBC

Associated Press

updated 9:00 p.m. ET, Wed., Aug 26, 2009

            Man proclaimed innocence up until the time he was put to death in 2004 

    DALLAS - "A fire investigation that led to the execution of a man in the deaths of his three young children was so seriously flawed that its conclusion of arson can't be supported, a fire expert hired by the state said in a new report.

In a report to the Texas Forensic Science Commission released Tuesday, Craig Beyler said the fire investigation in Cameron Todd Willingham's case didn't adhere to the standards of care in place at the time, nor to current standards. . . " Read More

  

Alternate Lie Detection Method Offered By Handwriting-Based Tool

Medical News Today

     August 29, 2009

    " For ages experts and laymen have been analyzing and trying to crack the code of handwriting characteristics, in order to detect an individual's personality traits, or in most cases, gauge their innocence in the case of a crime. Although this science has often gone the way of pseudoscience, researchers are now discovering that with the aid of a computerized tool, handwriting characteristics can be measured more effectively.

The research, headed by Gil Luria and Sara Rosenblum at the University of Haifa, is published in an upcoming issue of Applied Cognitive Psychology. The researchers utilized a computerized tablet that measured the physical properties of the subject's handwriting, which are difficult to consciously control (for example: the duration of time that the pen is on paper versus in the air, the length height and width of each writing stroke, the pressure implemented on the writing surface). They have found that these handwriting characteristics differ when an individual is in the process of writing deceptive sentences as opposed to truthful sentences.

The handwriting tool has the potential to replace, or work in tandem, with popular, verbal-based lie detection technology such as the polygraph to ensure greater accuracy and objectivity in law enforcement deception detection. Additionally, polygraphs are often intrusive to the subject and sometimes inconclusive. The handwriting tool therefore provides ease and increased accuracy over common, verbal-based methods. "

This study is published in the November 2009 issue of Applied Cognitive Psychology.

Will (local?) Killer In Vermont Challenge His Federal Capital Prosecution?

Sentencing Law & Policy

     " I blog here yesterday about the decision by the Justice Department will to pursue federal death penalty charges against Michael Jacques, a Vermont sex offender accused of an awful rape/murder crime.  This updated local story about the case provides some useful additional information and commentary about the interesting federalism issues that the case raises:

Vermont does not have the death penalty, but Jacques is being charged under federal law because he allegedly used the Internet to both plan for and cover up the crime, according to police.  Because of that, the crime is considered to have crossed state borders, opening it up for federal prosecution. . . " Read More

DME Suppliers Convicted of Criminal Health Care Fraud

FraudBlawg

July 28, 2009

     " Gevork Kartashyan and Eliza Shurabalyan, pricipals of DME supply company, CHH Medical Supply were convicted by a jury last week and will be sentenced in Oct. According to HHS, the two fraudulently billed Medicare $949,859 and were paid $597,750 for medically unnecessary power wheelchairs and wheelchair accessories:

At trial, elderly Medicare beneficiaries testified about how they were recruited and taken to Los Angeles-area medical clinics. At the clinics, the beneficiaries turned over their Medicare numbers and other personal identifying information. Some were promised vitamins, diabetic shoes, and other items that they never received.

Additionally, five physicians testified that they “never authorized or approved the power wheelchair prescriptions written under their names, often by physician’s assistants.”'  Read More

Skilled Nursing Facility Consultants to Pay $1.4 Million, Including Criminal Fines – U.S. Attorney Joyce Vance Lauds Whistleblowers

FraudBlawg

August 12, 2009

    " William “Bill” King Jr., Marie King, King & Associates, Inc., and Southern Care, Inc. have agreed to pay $1.4 million in settlement of allegations they fraudulently inflated Medicare cost reports for skilled nursing facilities. Through King & Associates, Inc. and Southern Care, Inc., the Kings offered consulting services and prepared Medicare-required cost reports for skilled nursing facilities. A former accountant for the companies filed a qui tam action in 2006, alleging that the Defendants caused false claims to be submitted to Medicare by inflating physician charges on cost reports. Both Bill and Marie King pled guilty to related criminal charges and agreed to pay fines of $600,000, which will be credited to the $1.4 million civil judgment. For blowing the whistle, the relator will receive 19%, or up to $275,000, of the amounts collected pursuant to the settlement.
In the press release issued by United States Attorney for the Northern District of Alabama Joyce Vance, jointly with the Department of Health and Human Services and the FBI, Vance emphasized the importance of qui tam whistleblowers . . . " Read More

Words May Constitute Sufficient Provocation To Reduce Murder To Manslaughter

Crime Blawg

Criminal Appeal, January 09, 2008

by Jeremy price

     " In a murder prosecution, the trial court instructed the jury pursuant to CALCRIM no. 917 that mere words cannot establish a defense to battery. In addition, the court allowed the prosecutor to argue to the jury that words cannot legally constitute provocation to reduce a homicide to manslaughter.

While it is a correct statement of the law that words cannot establish a defense to battery, words of abuse, insult or reproach may incite the heat of passion specified in the Penal Code section 192 definition of manslaughter, and therefore may constitute sufficient provocation to reduce the offense of intentional homicide from murder to manslaughter. . . "

Police Plant Drugs on Motorist

Crime & Federalism

August 1, 2009

     " They even had their own hand signal ..."

     Watch the video ...

Philadelphia Police Officer Caught on Tape Assaulting Woman

Crime & Federalism

August 3, 2009

     " Alberto Lopez Sr. assaulted a woman. He then arrested her for assaulting a police officer.  At a preliminary hearing, he lied under oath.  The victim of police misconduct was ordered to stand trial.  Then this videotape surfaced.  

Philadelphia police officers asked the gas station owner to delete it.  He refused.  The woman was vindicated.  Philadelphia's legal system, however, remains under indictment.

Officer Lopez Sr. is still carrying a badge and gun.  Although he perjured himself, the District Attorney's office has declined to prosecute him.  Lopez Sr. remains armed and dangerous.  

The police officers who "asked" the gas station owner to delete the video also remain at large.  They have not and will not be prosecuted for obstruction of justice.  They have not and will not be punished by the Internal Affairs Department for committing police misconduct. . . " Check out the video

When is Pointing a Gun at Someone Excessive Force?

Crime & Federalism

August 3, 2009

     "Baird v. Renbarger, No. 08-2436 (CA7) (denying qualified immunity to police officer who pointed submachgine gun at citizens who posed no threat to officers) provides an outstanding discussion of excessive force within the context of pointing a gun at civilians who poses no threat to the officer.  Check it out."

   

 

Domestic Violence Victim's Section 1983 Lawsuit May Proceed to Trial, Second Circuit Holds

Crime & Federalism

August 18, 2009

Okin v. Village of Cornwall-on-Hudson, No. 06-5142 (2d Cir. Aug. 18, 2009) (here).

"A woman’s live-in boyfriend, Roy Sears, was a hometown hero. He owned a bar where the cops got drunk and watched sports. The police department gave the bar owner a license to beat up his live-in girlfriend.

She’d call the police. When they bothered to show up, they didn’t question her husband. They ignored her bruises. Finally she sued. Her allegations: 

Okin filed a 42 U.S.C. § 1983 action ... alleging violations of her federal Due Process and Equal Protection rights .... By failing to arrest or even interview Sears, Okin alleges that defendants endangered her by emboldening Sears. Okin also alleges that defendants “acted in concert with Sears,” that they failed to respond effectively to her repeated complaints about Sears because he “had significant personal relationships with ranking members of [the Village and Town] police departments and made financial contributions to or at the behest of the Town Police Department,” and that defendants’ dismissive and inappropriate behavior which was witnessed by Sears affirmatively increased the danger she faced. . . " Read More

Fabricating DNA Evidence

Crime & Consequences

August 18, 2009 7:29 AM | Posted by Kent Scheidegger

    " DNA has been one of the most important, possibly the most important, advances in forensic science. When DNA is available, the issue of identity simply drops from the case. A few years back, the anti-DP crowd's poster boy for the executed "innocent," Roger Coleman, was conclusively proven guilty by DNA. It was a great moment.

Now the conclusiveness of DNA is in jeopardy . . . " Read More

  

 

Responding To Homeless Victims of Sexual Assault

Criminal Justice Online

by Lieutenant Raymond E. Foster, LAPD (ret.)

On August 26, 2009, at 2 p.m. (eastern time), the Office for Victims of Crime (OVC) will present a Web Forum discussion with Jessy Haywood and Katya Fels Smyth on best practices for responding to homeless victims of sexual assault. Ms. Haywood is a community educator and trainer with The Center for Women and Families, a private nonprofit organization with facilities in Kentucky and Indiana that works to end domestic violence, sexual violence, and economic hardship. . .  Read More

Supreme Court Ruling Shakes Up Criminal Trials

Los Angeles Times

By David G. Savage
July 26, 2009

Cases have been thrown out and doubts linger after last month's decision giving defendants the right to question forensic technicians in court.

     "

Reporting from Washington -- Until last month, the strongest evidence in drug and drunk driving cases in courtrooms across the nation often was a piece of paper. A crime lab or Breathalyzer report would confirm that the defendant indeed had illegal drugs or a high level of alcohol in his or her system.

But a Supreme Court decision has sent a jolt through that procedure.

Now the prosecution must make a lab technician available to testify in person if the defendant demands it. As a result, some cases already have been dismissed. One state, Virginia, has called a special legislative session to change its laws. And some lawyers think the ruling will continue to have a major effect.

In a 5-4 decision, the high court said that lab reports served as “witnesses” for the prosecution. And because the 6th Amendment gives defendants a right to "be confronted with the witnesses against him," Justice Antonin Scalia said that drug defendants and others were "entitled to be confronted with the [lab] analysts at trial."' Read More

Physician's Assistant Convicted in $7.7 M DME Scam

FraudBlawg

July 2, 2009

"DoJ reports that a Los Angeles jury found physican assistant, Ronald Luis Bradshaw, guilty of health care fraud, aggravated identity theft, and conspiracy for prescribing medically unnecessary durable medical equipment (DME) to hundreds of Medicare beneficiaries.  Juana Aranda, a professional patient recruiter who previously pleaded guilty, testified that “she was paid cash for bringing Medicare beneficiaries to Glenmountain[Medical Group] and that she was paid more if the beneficiary was prescribed a motorized wheelchair.”

To report Durable Medical Equipment Fraud, contact Frohsin & Barger"

Hospital Self-Reports Unneccesary Gamma Knife In-patient Visits

FraudBlawg

July6, 2009

"Yale-New Haven Hospital in New Haven, Connecticut has agreed to reimburse the United States $885,953 after self-reporting that it falsely billed for overnight hospital stays for federally-funded patients undergoing Gamma Knife procedures, according to a press release from the Connecticut U.S. Attorney. Gamma Knife is a non- invasive treatment that directs radiation to a specific target, causing little damage to surrounding tissue. The procedure typically is performed with general anesthesia on an out-patient basis, but Yale-New Haven routinely admitted Gamma Knife patients and allegedly falsely billed Medicare.  Uner the federal False Claims Act, entities like Yale-New Haven who self-report violations can limit their punitive liability."

To report Medicare fraud, contact Frohsin & Barger.

Home Health Fraud: 20 Arrested In California

FraudBlawg

July 13, 2009

"California-based Medicare Plus Home Health Providers and its principal, Priscilla Villabroza, are targets of Medicaid fraud allegations for using untrained and unlicensed people to care for disabled children and adults and fraudulently billing California’s Medicaid program for nearly $5 million, reports the New York Times:

Although some of those arrested worked as nurses abroad, officials said, none trained in the United States. Many had no health care experience. Many of the 75 victims received incompetent and rough treatment, but none suffered life-threatening injuries, said Thomas P. O’Brien, the United States attorney."

NYC and State to Repay Over 1/2 Billion in Alleged False Medicaid Claims

FraudBlawg

July 21, 2009

"Settling whistleblower allegations that they “knowingly submitted, or caused to be submitted, false claims for reimbursement for school-based health care services,” New York State has agreed to return $440 million and New York City has agreed to return $100 million to the U.S. Medicaid program.  The alleged false claims were “primarily for speech therapy and transportation, provided to Medicaid eligible children from 1990 to 2001,”  the DoJ announced today. The settlement is a record federal recovery for the Medicaid Program. The whistleblower — an upstate NY speech therapist who alerted HHS that the state and city were submitting false claims for unqualified speech therapy services — will receive $10 million from the settlement."

    

Diversity and Police Abuse

Crime & Federalism

July 24, 2009

"The Gates case raises an interesting issue no one wants to discuss.  It causes too much cognitive conflict. 

We are told that we need "diverse" police forces so badly - even if this means discriminating against whites - because more divesity means less police abuse.  It means blacks won't be discriminated against - presumably because.... Well, I don't know why and have never seen any empirical support for the argument.  

Yet we are also being told that the police discriminated against Gates.  Racism!  Racial profiling! . . . " Read More

 

 

Sex Crimes Prosecutor Charged With Rape (UPDATED)

Crime & Federalism

July 27, 2009

     "Yep; bizarre fits."

UPDATE: "The case seemed off.  It smelled like a false accusation.  Someone left this telling comment to the article.  While not authenticated, the comment sounds true:

The accuser was not hired as a permanent employee & the allegations only were raised formally when it became apparent she was not getting hired. This is a women who admitted that her boyfriend (another DA) would role play a rape scenario, where he (not the accused) would climb into her window and ultimately have sex. These are facts. not hyperbole. This is a women many deputy DA's she wanted to have sex with the accuser 3 days prior to their 1st weekend lunch date. The DA literally did not take any affirmative action against the accused for more than 5 months. This occurred only after the accuser ranked last on the hiring list and was not hired. The accuser has a drug & psych history, been arrested for biting a cop. READ THE COURT FILE- this case is the biggest miscarriage of justice and the community should be outraged. You may not agree with the edgy sex-but no one was sexually assaulted. The accused has tremendous support from his colleagues and legal community. . . " Read More

Sex Crimes Prosecutor Charged With Rape

San Francisco Chronicle

     (07-26) 20:29 PDT -- "As Michael Gressett waited for a jury verdict in a molestation trial, the Contra Costa County sex crimes prosecutor had what he called a "nooner," bringing a fellow prosecutor to his Martinez home for intercourse.

     What happened next, on May 8, 2008, is the subject of an explosive rape case brought by the state attorney general. It involves a gun and an ice pick, but rests on a simple question that Gressett often asks juries to decide: Was the sex consensual or forced?

The case returns to court today. Gressett, 52, who has lost three bids to be elected district attorney, plans to argue that state prosecutors have been unduly influenced by his political opponents in his own office. He wants a special prosecutor assigned.

Whoever takes on the case will have to sort through allegations played against the backdrop of a legal office where talk of sex toys and role-playing was apparently the norm. . ." Read More

Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/07/26/MNKF18S5GR.DTL#ixzz0MvOefQJz