Watch my interview with Lindsay McCoy on WFMJ-TV21 about the Tepe murders in Columbus, Ohio.
To watch the interview CLICK HERE
* Criminal Defense Attorney * Former Prosecutor * Former Parole Board Member * 724-658-8535
Watch my interview with Lindsay McCoy on WFMJ-TV21 about the Tepe murders in Columbus, Ohio.
Here is a block of news worth reading from The Marshall Project:
When is
deadly police force justified? Police officers are taught not to fire
their weapons into vehicles. ICE agents haven’t had the same training. Mother Jones Federal immigration agents have shot into
vehicles at least 13 times since July. The Wall Street Journal As protests against ICE agents
grow, ICE officials tell agents to take “appropriate and decisive” action
against perceived threats. The New York Times Even before Renee Good was named,
the Trump administration began re-writing the history of her killing. Wired This isn’t a new problem. In the past, federal
immigration agents have intentionally stepped in front of moving vehicles to
justify shooting at drivers. The Nation TMP Context: Use of force by ICE
agents. The Marshall Project
Fingerprints
have long been considered the gold standard of crime investigation techniques.
As early as 1903, America — with its new young president and former New York
City police commissioner Teddy Roosevelt — began using fingerprints in criminal
investigations. Fingerprint analysis became a "thing" back in the
mid-18th century in India.
Within a
couple of decades, the FBI began cataloging fingerprints. Today, the bureau is
storing more than 200 million fingerprints.
Until
recently, the FBI described fingerprint identification as 100% infallible. That
is no longer the case. In the last twenty years, there hasn't been a lot of
good news when it comes to forensic analysis, including fingerprint analysis.
What do we
know about fingerprints? Impressions of fingerprints are left behind on various
surfaces by the natural secretions of sweat. The friction ridges, the raised
portion of the epidermis on fingers consisting of one or more connected ridges,
are often the point of comparison.
First, an
intentional recording of the fingerprint is made with black ink on a white card
or recorded digitally. These are often collected after arrest and secured in a
database. At a crime scene a "latent print," the chance recording of
a fingerprint deposited on a surface, is captured through chemical methods and
brought into a lab for expert analysis.
Fingerprint
identification came under scrutiny in 2004. The FBI publicly acknowledged the
fingerprint misidentification of an Oregon lawyer wrongfully implicated in a
terrorist bombing in Madrid — a place he had never visited.
Through a
study conducted in 2004, cognitive neuroscientist Itiel Dror found that
otherwise competent and well-meaning experts were swayed by what they knew
about a case submitted for analysis. Dror's study demonstrated that if an
analyst knew that the suspect confessed or was arrested, the analyst's findings
could be influenced. According to Frontline, cognitive bias seeped into the
process even with the best-trained experts.
In steps
deep learning, the use of multi-layered artificial intelligence to
automatically learn complex patterns from vast amounts of data.
A recent
study published in Science Advances entitled "Unveiling intra-person
fingerprint similarity via deep contrastive learning" revealed a
breakthrough in fingerprint analysis.
Law
enforcement agencies worldwide have operated under the long-standing belief
that no two fingerprints are alike, even across the ten fingers of a single
individual.
The
authors suggest that an investigator can sidestep the same-finger limitation by
exploiting nontraditional fingerprint features. "Past studies provided
evidence that fingerprint patterns may be partially genetically determined
which implies that there could be similarities among fingerprints from the same
person," the authors found.
In
addition, "recent research shows that partial fingerprints from different
users have common features that can be exploited to fool authentication
systems."
The study
concluded, "the ability to process and match distinct fingerprint samples
from the same individual opens new investigative possibilities, particularly in
cases where fingerprints are partial or collected under suboptimal
conditions."
This
breakthrough moves investigators away from matching the best print with the
exact finger of a suspect. The study found, "The new AI model reduces this
dependency by identifying shared features that remain stable across different
fingers."
How does
fingerprint evidence get in front of a jury?
Specialized
rules of evidence allow expert testimony if the conclusions are based on
knowledge, skill, experience, training or education in the techniques involved
and the specialized knowledge will assist the judge or jury to understand the
evidence or to determine a fact in issue. The testimony must be based on
reliable principles and methods, consistently applied.
Here is
the new dilemma. If Artificial Intelligence is used to determine a fingerprint
match, how does the expert witness convey the process of using AI to evaluate
the evidence? This information is crucial to whether a judge allows the
expert's opinion and whether the opinion helps jurors understand the
reliability of evidence.
Matthew T.
Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. His book
The Executioner's Toll, 2010, was released by McFarland Publishing. You can
reach him at www.mattmangino.com and follow him on Twitter @MatthewTMangino
To visit Creators CLICK HERE
Minnesota state officials have urged the FBI to bring them back into the fold on an investigation into the shooting by an ICE agent of Renee Good, reported Minnesota Public Radio.
Minnesota's
Bureau of Criminal Apprehension was initially working in tandem with the FBI
after an ICE officer killed the 37-year-old Good. But reversed
course, saying it has sole authority.
Minnesota
Department of Public Safety Commissioner Bob Jacobson said that could hamper a
state investigation and possible prosecution.
“Unless we
do that thorough investigation, unless we have access to all of that evidence,
unless we have access to the agents that were involved in that, to any
witnesses, without any of that, we would not be able to put together a quality
investigation for any prosecutor to be able to make a determination as to
whether or not someone should be charged with a crime,” he said.
Jacobson
and Gov. Tim Walz urged the Trump administration to allow state and local law
enforcement officers to participate in the investigation to ensure public trust
in its results.
“Use our
professional folks. They will gain you the credibility and the trust of
Minnesotans to believe the work that you're doing is honest and it's not just a
whitewashed to back fill a preconceived notion,” Walz said.
Hennepin
County Attorney Mary Moriarty said Thursday that her office began exploring
options available to ensure a state-level investigation could move forward.
“If the
FBI is the sole investigative agency, the State will not receive the
investigative findings, and our community may never learn about its contents,”
Moriarty said in a statement. “We are speaking to our local partners on paths
forward that will allow us to review the investigation and be transparent in
our decision making."
To read more CLICK HERE
As the airwaves are flooded with government propaganda about the homicide of Renee Nicole Good at the hands of an ICE agent in Minneapolis, we are reminded that sometimes propaganda backfired on even the master purveyors of deceit.
Hessy Levinsons Taft, who as an infant appeared on the cover of a Nazi magazine in Germany promoting her as the ideal Aryan baby, a distinction complicated by the fact that she was Jewish and had been exploited as part of a dangerous hoax, died on Jan. 1 at her home in San Francisco. She was 91.
Her death
was confirmed by her family, reported The New York Times.
Terrifying
at first, the story eventually became a source of pride for Mrs. Taft and her
parents for the way it neatly illustrated the absurd pseudoscience underlying
Adolf Hitler’s racial ideology.
“I feel a
sense of revenge,” she said much later. “Good revenge.”
The
episode began in 1934, when Hessy was 6 months old and her parents, Latvian
opera singers living in Berlin, hired the well-known photographer Hans Ballin
to take her portrait.
After
framing the photo, her parents displayed it on their piano. One day, the woman
who cleaned their home noticed it and told Hessy’s mother that she had seen her
daughter on the cover of a magazine.
“My mother
thought surely she must be mistaken, that there are many babies that look
alike, and just told her, ‘Well, that couldn’t be the case,’” Mrs. Taft said in
an interview with the United States Holocaust Memorial
Museum in 1990.
The woman
insisted that it was the same baby. “Just give me some money,” she said, “and
I’ll get you the magazine.”
Soon she
returned with a copy of Sonne ins Haus, or Sun in the Home, one of several
pro-Nazi magazines that were allowed to circulate in the country after Hitler
had shut down thousands of other publications. And there, on the cover, was the
portrait from the piano.
Hessy’s
mother flipped through the pages.
“On the
inside of the magazine were pictures of the army with men wearing swastikas,”
Mrs. Taft told the Holocaust museum. “My parents were horrified.”
Her mother
went to Mr. Ballin’s studio and showed him the magazine. “What is this?” she
said. “How did this happen?”
He told
her that the Nazis had invited him to submit photos for a contest to find a
baby representing the epitome of the Aryan race, and Hessy was among those he
included in his submission. Joseph Goebbels, the Nazi minister of public
enlightenment and propaganda, chose the winner.
To read more CLICK HERE
A federal immigration operation in Minneapolis turned deadly this week when a U.S. Immigration and Customs Enforcement officer shot and killed 37-year-old Renee Good during a confrontation involving her vehicle, reported The Associated Press.
Cellphone
video captured the shooting, which federal officials claimed was an act of self-defense but that the city’s mayor
described as “reckless” and unnecessary. Video shows an ICE officer approaching
Good’s SUV stopped in the road as the vehicle begins to move forward. Another
ICE officer standing in front of it draws his gun and fires at close range as
he jumps out of the way.
Here's
what to know about regulations on using deadly force in these situations:
When can
officers fire at a moving vehicle?
There is
no universal training standard for law enforcement. But most police departments
and federal guidance bar shooting at a moving vehicle unless the driver poses
an imminent threat of deadly force beyond the car itself.
Why are
shootings at vehicles restricted?
Experts
say firing at a moving car is one of the riskiest forms of lethal force,
increasing the chance of stray gunfire or a loss of vehicle control that can
endanger bystanders.
Are
officers expected to move out of the way?
Yes.
Justice Department policy says deadly force is allowed only when no reasonable
alternative exists, including stepping out of the vehicle’s path.
Can
officers use deadly force just to stop or arrest someone?
No.
Policies generally state officers cannot use deadly force solely to arrest
someone or to disable a fleeing vehicle if the person does not pose an
immediate threat.
Do federal
immigration agents follow different rules?
Not
fundamentally. ICE and other federal officers operate under similar Justice
Department guidance limiting gunfire at vehicles, although federal agents have
added legal protections when acting within their official duties.
What is
ICE's policy?
The
Department of Homeland Security, which oversees ICE, allows deadly force only
when an officer reasonably believes someone poses an imminent threat of death
or serious injury.
Who
investigates these shootings?
Federal
agencies conduct internal reviews, and state and local authorities may also
pursue criminal investigations. Federal agents are not immune from prosecution
if they act outside their authority. The FBI is leading the investigation into
the Minneapolis shooting.
To read more CLICK HERE