OFFICE OF THE ATTORNEY GENERAL TERRY GODDARD

Transcription

1 OFFICE OF THE ATTORNEY GENERAL TERRY GODDARD 2007

2 Good News All State and Local Labs in Arizona are Accredited Conscientious, capable supervision Bad News Patchwork System Different funding sources, supervision Concerns regarding Information Sharing Perceived as branch of prosecution

3 ecommendations creation of statewide Forensic Services Advisory Comm Facilitate statewide planning and coordination of efforts among state and local laboratories Establish and monitor performance measures; coordinate long-term plan Increase Transparency Consider and address questions or concerns from law enforcement agencies, the public Help coordinate Education/Training Legal Issues Information sharing among state and local labs Expanding the data base

4 dvisory Committee Membership: Lab directors Supervising Agency representatives Arizona Criminal Justice Commission Prosecution Defense (Justice Project) Judiciary Victims representative Academics Technical experts Chairperson: Hon. Ron Reinstein Subsequently added: Public Defender representative

5 No Statutory Mandate No Funding No Authority Relies on Cooperative Effort Meet Quarterly Changes We Can Afford

6 Easy Issues Education Information Sharing Coordination of grant applications Less Easy Issues Standardizing procedures statewide Least Easy Issues Oversight Making the case for increased funding Lab Independence?

7 versight v. Guidance/Assistance Arizona model focuses on Guidance/Assistance Can you do both?

8 One of Primary Reasons For Advisory Committe Ongoing Discussions Work in Progress Is the Accreditation Process Adequate? Committee does not conduct investigations Ascertain whether problem has been addresse to hire independent expert if necessary Comparison with other states Texas New York

9 uidance / Assistance v. Oversight Lab Directors are understandably reluctant to subject their labs to outside supervision Public Confidence is undermined without transparency Post-mortem analysis Utility of post-mortem analysis regarding problem in other jurisdictions

10 tility of Fostering Cooperative elationship Before There is a Cris Quarterly meetings foster collegial relationships and transparency among labs, prosecution, and defense Coordination of Efforts More statewide consistency /better Grant applications Provides a forum to address legal issues e.g. confrontation clause concerns, preservation of evidence.

11 Examples of What Can Be Done Without Funding Evidence Retention Statute Arizona DNA Report Standardization Project Arizona Forensic Science Academy Follow-up on NAS Report

12 DNA Technical Leaders (TL) from Arizona were tasked with a standardization project consisting of three main goals: 1. Uniformity of DNA technical reports in regard t content and sequence of information contained in reports, 2. Consensus of wording in DNA technical report in regards to statistical model used, and 3. Consistent definitions for terminology used in DNA technical reports.

13 tems of Consent Reports will have a CODIS disposition statemen If a female fraction is reported, it will be referred as epi or non-sperm fraction. If the female fraction is probative, it will be repo otherwise the lab retains discretion as to wheth is included in the report. When listing the conclusive loci on a partial mat at a minimum, only the number of loci need to b listed (the loci need not be listed by name). Likewise, when listing inconclusive or loci with n results obtained on a partial profile, only the num of loci are required to be reported.

14 tems of Impasse Some laboratories include allele tables with the reports, while some do not. It will be up to the l discretion as to whether they are included in the report. The theta value used for RMP calculations varie between laboratories depending on what racial groups are frequently calculated (i.e. American Indians). There is not a consensus on the statistical data used for Y-STRs; and therefore, both the AB an USYSTR database will be continued to be used the DNA laboratories in the State of Arizona. An agreement could not be reached on statistic calculations used for both full and partial match involving mixtures. The determination on which statistical calculation to use is up to the lab s discretion and policies.

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16 Combined Training for Prosecutors and Defense Attorneys Science presented by experts from accredited/ recognized labs Forum encouraging open discussion and questioning from all sides

17 Held at the Maricopa County Forensic Science C in Phoenix Two types of academies Basic Advanced

18 Basic Academy Consists of 11 3-hour sessions Gives comprehensive overviews of the various topics Includes hands-on opportunities and lab tours Attorneys are required to attend a minimum of 80% of the sessions

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21 Advanced Academy Delves deeper into several of topics covered in Basic Includes more discussion on court issues and landmark cases relevant to the topics Includes hands-on opportunities Attorneys are required to attend a minimum of of the sessions

22 opics? Controlled substances Toxicology Crime scene investigation Forensic biology and DNA Firearms analysis Latent print comparisons Questioned documents Arson and trace evidence Death investigations Digital forensics Daubert in Arizona Ethics

23 esults? Improved expertise for prosecutors and defense attorneys Improved communication, cooperation and understanding among agencies forum where unbiased information can be presented and discussed by all relevant parties GREATER AWARENESS OF AND RESPECT FOR LAB EXPERTISE Speakers Series Lab CLE

24 Independence rception problem? ffering views ab directors upervising agencies rosecutors efense Attorneys pellate perspective

25 uestions? Kent Cattani Arizona Court of Appeals Former Arizona Solicitor General Jody Wolf Asst. Crime Lab Administrator Chair Arizona Forensic Science Academy Phoenix Police Department Crime Laboratory Ronald Reinstein Chairman, Arizona Fore Science Advisory Comm Judge--Superior Court Arizona (Ret) Judicial Consultant-- Ariz Supreme Court

26 Lab Directors Response Highlights need for standardization in educatio training and forensic science delivery Highlights need for increased funding Opportunity to reassess organizational structure Highlight Positives; Points out areas that can be improved Highlight and Continue to Encourage Cooperativ Efforts at Federal, State, Local Levels Among La Enforcement, Scientists, Prosecution, Defense, Judiciary, Academics Pursue Increased Funding Opportunities Move in direction of increased transparency, scie independence, reliability of forensics in the crimi justice system