Quote:
Originally Posted by fraleyight
*A gun that is kept above averys bed was found to have shot Teresa using both ballistics and dna testing on the bullet found in the garage.
Just to be clear...
The trial testimony of William Newhouse, the technician who claims to have matched the bullet fragment to the weapon found in Steven's home...
Newhouse readily admits his work is subjective:
8 Q. I'm going to read for you a statement from the
9 AFTE, A-F-T-E, Journal, the organization that you
10 belong with. And you tell me if you agree or
11 disagree with this particular statement. Quote,
12 "Currently the interpretation of
13 individualization/identification is subjective in
14 nature, founded on scientific principles and
15 based on examiner's training and experience."
16 A. That's correct.
(Page 146)
Newhouse cannot deny that there is a great deal of difference between the bullet fragment and the test bullet fired from the weapon found in Steven's home:
1 Q. In any event, the test fired bullet on the right
2 shows quite a bit of differences in the land area
3 from the one on the left, does it not? It seems
4 to have some extra ridges or bulges sticking out
5 of some sort?
6 A. There are differences on -- between both bullets.
7 I don't know what you're referring to
8 specifically. There's a great deal of
9 differences on the bullet on the left side of the
10 photograph when you compare it to the bullet on
11 the right side of the photograph.
12 Q. A great deal of difference, right?
13 A. Absolutely, yes.
(Page 155)
[Note - the left and right portion of the photograph designates an exhibit that shows a side-by-side comparison between the bullet in evidence versus the test bullet known to have been fired from the weapon seized by police.]
Newhouse did not compare the bullet in evidence to any other weapons of the same make and model even though it is one of the most popular and hence common weapons of this caliber.
5 Q. Did you examine any other Marlin 60 firearms for
6 this case?
7 A. I did not.
(page 146)
And in a very long section of the examination of the state's expert witness, he admits that while ordinarily this sort of subjective analysis is confirmed by another expert, in the case of this bullet no peer review was done.
20 Q. Well, how do you ever have anybody review your
21 work?
22 A. I do that using the photographs. And one of the
23 examiners in the Milwaukee laboratory, another of
24 the Wisconsin State Laboratories, of course,
25 reviews my photographs. And on occasion, I will
1 take cases over to him where I believe it's
2 warranted, or where he does. And that's how we
3 conduct our peer review of the examinations.
4 Q. That's how you comply with that part of your
5 protocol that says you always have an examiner --
6 two examiners look at the same thing, right?
7 A. Exactly.
(Pages 160 and 161)
To be valid, scientific work must be subjected to peer review to help eliminate error.
7 Q. Do you see Mr. Templin's initials anywhere on
8 here?
9 A. They are not there.
10 Q. Do you see any other firearm tool examiner's
11 initials anywhere on here?
12 A. No. Mr. Templin is the one who reviewed that
13 one, there wouldn't be anyone else.
14 Q. Do you see Item 428?
15 A. Yes.
16 Q. Also another one for Item FL; do you see your
17 initials on there?
18 A. Yes, they are.
19 Q. Do you see Mr. Templin's initials on there?
20 A. No, they are not.
21 Q. So, we have, in your documentation that you must
22 keep in order to maintain your profile --
23 protocol, no record that any other examiner,
24 besides yourself, looked at Item FL to confirm
25 whether your opinion that this bullet was fired
1 from the gun that was before you earlier, were
2 one in the same, came from the same gun, right?
(Pages 163 and 164)
http://www.stevenaverycase.org/wp-co...-2007Mar01.pdf
It is my considered opinion that Buting did us a service by demonstrating that Newhouse's subjective opinion deviates from the accepted norms of his specialty and cannot be taken as probative.