1 UPDATE: WHAT LAWYERS NEED TO KNOW ABOUT THE MEDICOLEGAL SCIENCE (INCLUDING BAPP STAINING) ASSOCIATED WITH ABUSIVE HEAD TRAUMA Mark C. Prugh Prugh Law Office 328 Historic Route 66 East Waynesville, Missouri 65583
2 Primary References: National Research Council of the National Academies, Strengthening Forensic Science in the United States: A Path Forward (2009) [hereinafter National Academy of Sciences Report or NAS Report] MELENDEZ DIAZ V. MASSACHUSETTS, 557 U.S. 305, 129 S.CT. 2527, 174 L.ED2D 314 (2009) [hereinafter Melendez Diaz] ANTHONY RAY HINTON V. ALABAMA, U.S., 134 S.CT. 1081, 188 L.ED.2D 1 (February 2014) [hereinafter Hinton] Flawed Convictions, Shaken Baby Syndrome and the Inertia of Injustice by Deborah Tuerkheimer, (Oxford Press April 2014) [hereinafter Flawed]
3 NATIONAL ACADEMY OF SCIENCES REPORT With the exception of nuclear DNA analysis... no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source. NAS Report at 7.
4 NATIONAL ACADEMY OF SCIENCES REPORT 2009 NAS REPORT: 223 postconviction DNA exonerations in US between 1989 and November NAS Report at 42. INNOCENCE WEBSITE 4/7/2015: 329 post conviction DNA exonerations in United States history. NACDL 2013: 17 Shaken Baby Syndome (SBS) Exonerations. NACDL CLE Handout, Defending Shaken Baby/Abusive Head Trauma Cases: New Challenges to the Shaken Baby Hypothesis, Keith Findley, Heather Kirkwood & Dave Moran (2013) THERE S A PROBLEM: even those who are critical of the conclusions of The Innocence Project acknowledge that faulty forensic science has, on occasion, contributed to the wrongful conviction of innocent persons See J. Collins and J. Jarvis The wrongful conviction of forensic science. Crime Lab Report. July 16. Available at also N. Rudin and K. Inman Who speaks for forensic science? News of the California Association of Criminalists. Available at p. 10.
5 APPLICATIONS BEYOND THOSE ADDRESSED IN THE NAS REPORT: SHAKEN BABY/ABUSIVE HEAD TRAUMA Faith in SBS has not yet been subjected to the same institutional critique. The diagnosis was not mentioned in the National Academy s report, and overall it has remained largely insulated from the insights of the failed science movement in particular, that individuation like claims may not be warranted. Prosecution experts still testify to certainty regarding the triad, and the patina of science continues to sway jurors. Flawed at 49.
6 APPLICATIONS SBS/AHT CONT D [G]iven the prestige of the National Academy and the process by which it reached its conclusions, publication of the report was rightly understood as a water shed moment for the forensic sciences. Flawed, p. 49 citing to Jennifer L. Mnookin et al., The Need for a Research Culture in the Forensic Sciences, 58 UCLA L. REV. 725, 732 (2011) (Congress commissioned the report late in 2005 at the behest of the forensic science community itself. The Academy appointed a panel of judges, scholars, and forensic and legal practitioners to write the report. ) In other words: The principles set forth in the NAS Report should be applied generally to all scientific evidence including, but not limited to SBS and AHT.
7 WHY SBS IS JUNK SCIENCE AND AHT IS WORSE THE LOGIC OF SBS: TRIAD = SUBDURAL BLEEDING + RETINAL HEMHORRAGE + BRAIN DAMAGE TRIAD = SHAKEN BABY (I.E. CAUSATION)
8 WHY SBS IS JUNK SCIENCE AND AHT IS WORSE BUT THE MECHANISM OF CAUSATION (SHAKING) HAS BEEN SO THOROUGHLY DEBUNKED THAT EVEN THE MOST BIASED PROSECUTION WITNESS WILL NOT ALLOW SHAKEN BABY TO ESCAPE THEIR LIPS ANY MORE. Upon analysis, absolutist claims made on behalf of the triad could not be supported. Flawed at 17.
9 WHY SBS IS JUNK SCIENCE AND AHT IS WORSE THE LOGIC OF ABUSIVE HEAD TRAUMA: TRIAD = AHT PROBLEM FOR THE PROSECUTION: TRYING TO PASS AHT OFF AS THE NEW SBS HAS TO FAIL SINCE NOW THEY HAVE: 1. AN UNKNOWN MECHANISM 2. AN UNKNOWN FORCE 3. UNKNOWN TIMING 4. UNKNOWN ORIGIN FLAWED at 20 25
10 WHY SBS IS JUNK SCIENCE AND AHT IS WORSE PROBLEM FOR THE STATE: The triad is a myth, declared a leading child abuse specialist and advisory board member of the National Center on Shaken Baby Syndrome in No trained pediatrician thinks that subdural hemorrhage, retinal hemorrhage and encephalopathy [brain damage] equals abuse. FLAWED at 17, Citing to Carole Jenny, Presentation on The Mechanics: Distinguishing AHT/SBS from Accidents and Other Medical Conditions, New York City Abusive Head Trauma/Shaken Baby Syndrome Training Conference (Sept. 23, 2011).
11 TIP FOR PRACTITIONERS FILE PRE TRIAL MOTIONS 1 ATTACKING ALL OF THE PROSECUTION S SCIENCE DEMANDING: 1. KNOWN ERROR RATES. 2. PROPER SCIENTIFIC CONTROLS. 3. APPROPRIATE CONSIDERATION OF BIAS. 4. ANY OTHER APPLICABLE BASIC REQUIREMENT OF PROPER SCIENCE (SEE THE NAS REPORT &/OR YOUR CHILD S HIGH SCHOOL SCIENCE TEACHER). 1 REGARDLESS THE STANDARD YOUR JURISDICTION S CASES SAY APPLIES TO CRIMINAL CASES (FRYE, DAUBERT, KUMHO TIRE, RSMO , OTHER) ASK THE TRIAL COURT TO ENFORCE THE NAS STANDARDS BASED ON MELENDEZ DIAZ, HINTON, AND THE NAS REPORT ITSELF.
12 THE THEORY BEHIND BAPP STAINING: β amyloid precursor protein (βapp) immunoreactivity is a marker of axonal damage that some experts are willing to say is associated with a traumatic causation.
13 MISSOURI V. EVANS, SD October 6, 2009: Frye hearing held with Defense requesting that Dr. Mary Case be precluded from testifying about her: personally developed protocol/methodology she uses in examining child brains for the presence or absence of traumatic axonal injuries. Because her protocol involves subjective determinations by her in distinguishing between traumatic and non traumatic injuries and [t]hat while Dr. Case testified she has published articles on her subjective self produced protocol/methodology and she could and would produce such articles, and she did supply the Defendant with some recent articles; none address or describe her subject (sic) self produced protocol/methodology.
14 TRIAL COURT RULING IN 2009 FOLLOWING FRYE HEARING IN EVANS: BAPP testing is generally accepted in the scientific community, that Dr. Mary Case s protocol/ methodology was called into question as to her results on traumatic axonal injuries as compared to HIE; the court finds that the dispute did not prevent the admissibility of the test but goes to the weight of the witness and the test which can be presented to the Jury.
15 STATE V. JOHNSON, 402 S.W.3d 182 (MO. APP. E.D. 2013): The State offered the transcript from a 2009 case that held a Frye hearing on BAPP staining. Based on the testimony in this transcript [NOTE: THE TRANSCRIPT IS FROM STATE V EVANS WHICH IS STILL, AS OF APRIL 7, 2015, ON DIRECT APPEAL TO THE SOUTHERN DISTRICT], the trial court concluded that BAPP staining was a procedure generally accepted in the scientific community.... Based on this record, a Frye hearing was not necessary to admit Dr. Case's testimony on BAPP staining. Id., at
16 THE LITERATURE BEFORE THE EVANS COURT: 1. Geddes, J., Vowles, G., Beer, T., & Ellison, D. (1997). The diagnosis of diffuse axonal injury: Implications for forensic practice. Neuropathology and Applied Neurobiology, Oehmichen, M., Meiner, C., Schmidt, V., Pedal, I., König, H., & Saternus, K. (1998). Axonal injury a diagnostic tool in forensic neuropathology? Forensic Science International, Geddes, J., Whitwell, H., & Graham, D. (2000). Traumatic axonal injury: Practical issues for diagnosis in medicolegal cases. Neuropathology and Applied Neurobiology, Geddes, J., Vowles, G., Hackshaw, A., Nickols, C., Scott, I., & Whitwell, H. (2001). Neuropathology of inflicted head injury in children: II. Microscopic brain injury in infants. Brain, (124), Reichard, R., White, C., Hladik, C., & Dolinak, D. (2003). Beta Amyloid precursor protein staining of nonhomicidal pediatric medicolegal autopsies. Journal of Neurotrauma, Dolinak, D. & Reichard, R. (2006). An overview of inflicted head injury in infants and young children, with a review of ß Amyloid precursor protein immunohistochemistry. Arch Patrol Lab Med. (130), Case, M. (2008) MINI SYMPOSIUM, Inflicted Traumatic Brain Injury in Infants and Young Children. Brain Pathology, Johnson, M., Stoll, L., Rubio, A., Troncoso, J., Pletnikova, O., Fowler, D., & Li, L. (2011). Axonal injury in young pediatric head trauma: a comparison study of ß Amyloid precursor protein (ß APP) immunohistochemical staining in traumatic and nontraumatic deaths. American Academy of Forensic Sciences. 1 8.
17 THE STATE S THEORY: What do Lawyers Need to Know About the "Medicolegal Science" (Including BAPP Staining) Associated with "Abusive Head Trauma"? NOTHING, JUST GIVE IT TO THE JURY AND LET THE EXPERTS SORT IT OUT.
18 THE LITERATURE BEFORE THE COURT: THREE KEY POINTS: I. BAPP DETECTS ALL AXONAL DAMAGE (NOT JUST THAT CAUSED BY TRAUMA). II. THOSE WHO DIE WITHIN A SHORT TIME (3 HOURS TO 24 HOURS) WILL HAVE NO BAPP REACTIVITY AT ALL. BAPP STAINING ONLY SHOWS POSITIVE IN A PERSON WHO SURVIVES FOR A WHILE (3 24 HOURS) AFTER COLLAPSE WHICH REQUIRES BAPP AND MICROGLIAN MARKERS LIKE CD 68 TO DETECT DAMAGE. III. NOT ENOUGH IS KNOWN ON THE SUBJECT FOR DEFINITIVE/DOGMATIC SOLUTIONS.
19 THE LITERATURE BEFORE THE COURT: THREE KEY POINTS: I. BAPP DETECTS ALL AXONAL DAMAGE (NOT JUST THAT CAUSED BY TRAUMA). #1: "BAPP positivity merely indicates interruption to fast intra axonal transport regardless of aetiology, and it is important to exclude the other causes of white matter pathology before attributing changes seen in axons to trauma. #2: It can be further stated that demonstration of Axonal Injury (AI) using BAPP is highly sensitive, but by no means specific for a particular type of injury. In our material, AI occurred after mechanical traumatization and after ischemic hypoxic injury. This finding is of fundamental importance, since it shows that AI cannot be assumed to result from mechanical injury alone. #3: [L]ike BAPP expression, microglial nodules are not specific for trauma. #5: These results demonstrate that features other than traumatic axonal injury, such as metabolic insults and hypoxicischemic injury secondary to vascular compromise, must contribute to BAPP immunostaining. #5: In adults, beta amyloid precursor protein (BAPP) immunostaining has been used to enhance the detection of traumatic axonal injury (TAI), and a variety of nontraumatic disorders that affect white matter, for example, multiple sclerosis, human immunodeficiency virus (HIV) encephalitis, hypoxic ischemic injury (1), and hypoglycemia.(2)... Furthermore, areas of our cases, when viewed in isolation, mimicked TAI.... These findings indicate that in infants and young children the pattern of perivascular axonal immunoreactivity should not be interpreted as definitive evidence of trauma.... In summary, this study confirms that a variety of processes may lead to the emergence of BAPP immunoreactive axons." #6: Beta Amyloid precursor protein immunostains may be helpful in illustrating the traumatic nature of the injuries in some cases.... BAPP immunostaining is not specific for traumatically injured axons because it also will stain axons injured by other, different mechanisms. This is one of the caveats to the accurate use of BAPP immunostaining. #7: The axonal damage detected is damage of any type and not specific to traumatic injury."
20 THE LITERATURE BEFORE THE COURT: THREE KEY POINTS: II. THOSE WHO DIE WITHIN A SHORT TIME (3 HOURS TO 24 HOURS) WILL HAVE NO BAPP REACTIVITY AT ALL. BAPP STAINING ONLY SHOWS POSITIVE IN A PERSON WHO SURVIVES FOR A WHILE (3 24 HOURS) AFTER COLLAPSE WHICH REQUIRES BAPP AND MICROGLIAN MARKERS LIKE CD 68 TO DETECT DAMAGE. #1: Early detection of BAPP positivity should be interpreted with extreme caution. With very short survival times of less than 24 hours, the most useful statement about BAPP immunostaining may be that it is absent. #1: With survival over 24 hours, however, a panel of immunohistochemical markers comprising BAPP in combination with a microglial marker such as CD68, provides a satisfactory means of diagnosing traumatic axonal damage. #2: Since AI can only be detected by BAPP after a posttraumatic survival of about 3 hours, it cannot be ruled out that intervening additional ischemic hypoxic injury or edema has produced the secondary or reactive, nondisruptive type of AI. Therefore, AI cannot be interpreted as indicating a rotatory acceleration/deceleration event. #6: In some cases, death or cessation of cerebral perfusion occurs rapidly (minutes to hours) after head injury and no BAPP immunoreactive axons will be detected.
21 THE PROBLEM: WHAT EVERY DOCTOR KNOWS AND CANNOT GET PAST EVEN USING BAPP STAINING PERCENTAGE OF AXONAL DAMAGE PERCENTAGE OF VISIBLE AXONAL MADE VISIBLE USING BAPP STAIN TIME INTERVAL OF DAMAGE IDENTIFIED USING BAPP ING WHEN COLLAPSE AND DEATH 3 TO 24 HOURS STAINING THAT 82% OF ONE GROUP ARE SIMULTANEOUS DOCTORS AGREE MAY SHOW TRAUMATIC CAUSATION WHEN SURVIVAL > 3 24 HRS 0% 100%
22 THE LITERATURE BEFORE THE COURT: THREE KEY POINTS: III. NOT ENOUGH IS KNOWN ON THE SUBJECT FOR DEFINITIVE/DOGMATIC SOLUTIONS: #2: By the same token, it is extremely difficult to establish a clear correlation between the extent and distribution of AI in the brain and the underlying biomechanical process and clinical picture. As mentioned above, correlations do apparently exist; they are, however, loose and do not allow definite conclusions regarding the neurological picture based on morphology. #3: the lack of well documented assault cases in which there has been a full neuropathological examination means that it is impossible to be certain about the type of blow or injury that would have caused the damage in a particular case. #3: The lack of correlation between well documented histories and neuropathological findings means that in the interpretation of assault cases at least, a diagnosis of Traumatic Axonal Injury ('TAI') or Diffuse Axonal Injury ('DAI') is likely to be of limited use for medicolegal purposes. It is important to realize that Traumatic Axonal Injury (TAI) in infants has not been studied at all, and its evolution may well be different from that in older children and adults. #4: Widespread axonal damage, interpreted as vascular, was present in 13 cases, but widespread traumatic axonal injury was found in only two children, both of whom had severe head injuries with multiple skull fractures. #6: In some cases, exuberant BAPP immunoreactivity may preclude accurate interpretation of the staining pattern. For example, cases with severe brain swelling and multiple areas of infarction may have such an intense and widespread background staining of Vascular Axonal Injury (VAI) that the presence of Diffuse Traumatic Axonal Injury (dtai) either cannot be deciphered or may be underappreciated.
23 THE LITERATURE BEFORE THE COURT: THREE KEY POINTS: III. NOT ENOUGH IS KNOWN ON THE SUBJECT FOR DEFINITIVE/DOGMATIC SOLUTIONS (CONTUED): : #6: Beta Amyloid precursor protein immunostains are currently a useful diagnostic tool in the neuropathological evaluation of inflicted TBI. The BAPP helps determine whether there is traumatic, vascular, and/or metabolic axonal injury. As is true for the use of any immunostain, a correct interpretation requires knowledge of the strengths and weaknesses of the antibody. The BAPP results are but one part of the complete case investigation and evaluation." #6: In most fatal cases, there has been significant impact injury to the head. As is true with most topics of medicine, our understanding of pediatric traumatic head injury is incomplete, but continues to advance. With continued experience and research, we will continue to gain a fuller understanding of pediatric head injury." #7: "The neuropathology of the brain in cases of inflicted head injury in young children remains poorly studied or documented. #8: "Although the utility of BAPP is quite powerful if not confounded by global hypoxic ischemic injury, ultimately, BAPP studies should be only one piece of information in the determination of cause and manner of death." #8: "In conclusion, BAPP immmunohistochemical staining of brain material is a useful tool for the confirmation of brain injury. However, its application is not a panacea. Children who did not sustain head trauma but who survive resuscitation to linger on ventilator support may have extensive axonal staining that may be interpreted as false positive evidence of traumatic injury. Therefore, BAPP should be used carefully as a marker of brain injury in determination of cause of death.
24 THE LITERATURE BEFORE THE COURT: FOURTH POINT: THE THEORY THAT AXONS ARE DAMAGED IMMEDIATELY UPON IMPACT IS NO LONGER VALID AND ALTERNATIVE SOLUTIONS ARE UNOBSERVABLE/UNEXPLORED #6: Detection of traumatically injured axons in the pediatric brain on routine sections stained with hematoxylin eosin (H&E) is difficult and often impossible without at least an 18 to 24 hour posttrauma survival time. This is because traumatically damaged axons are not usually "snapped" and disconnected immediately at the time of injury. Instead, traumatic injury typically creates small tears in the wall of the axon, which allow for the subsequent inward flux of calcium, proteases, and other substances into the axon. These substances then lead to a progressive physiologic disruption of the integrity of the axon, resulting in wall weakening, dilatation, and finally disconnection of the axon, a process known as secondary axotomy. As a result, the damaged axon undergoes gradual morphologic changes, becoming more and more irregular, wavy, and thicker, eventually assuming a beaded appearance (axonal swellings) and finally a bulbous appearance as axonal disconnection occurs (axonal bulbs). Thus, the old descriptor of "retraction balls," previously believed to occur from the sheared axon retracting, is not accurate.
25 THE SCIENCE BEHIND BAPP: 1. KNOWN ERROR RATES. 2. PROPER SCIENTIFIC CONTROLS. 3. APPROPRIATE CONSIDERATION OF BIAS. 4. ANY OTHER APPLICABLE BASIC REQUIREMENT OF PROPER SCIENCE (SEE THE NAS REPORT &/OR YOUR CHILD S HIGH SCHOOL SCIENCE TEACHER).
26 THE SCIENCE BEHIND BAPP: 1. KNOWN ERROR RATES. Doctors involved in research agree with each other, according to Dr. Case and article #6 by Dolinak and Reichard, that what they see is caused by trauma 82% of the time. BUT THIS IS NOT AN ERROR RATE, THEY COULD ALL BE WRONG (AND PROBABLY ARE). IF IT WAS AN ERROR RATE IT WOULD BE WOEFULLY INADEQUATE. GOVERNMENT LABS HAVE BEEN SHUT DOWN FOR 10% error rates. NAS Rpt at 44 Real Claimed Error Rate: 0%.
27 THE SCIENCE BEHIND BAPP: 1. KNOWN ERROR RATES (CONT D): Compare DNA Accuracy: DNA testing indicated that less than 0.5 percent of the population could match. State v. Bowman, 337 S.W.3d 679, 700 (Mo. 2011)..23 percent. State v. Dorsey, 318 S.W.3d 648, 651 (Mo. 2010). 0% Chance of Paternity. State v. Cook, 307 S.W.3d 189, 191 (Mo. App. E.D. 2010) 99.9% Chance of Paternity. Courtney v Roggy, 302 S.W.3d 141, 146 (Mo. App. W.D. 2009)
28 THE SCIENCE BEHIND BAPP: 2. PROPER SCIENTIFIC CONTROLS. DR. CASE SAYS THERE ARE NO SCIENTIFIC CONTROLS APPLICABLE TO HER PROTOCOL/METHODOLOGY DR. CASE HAS NOT PUBLISHED A PEER REVIEWED ARTICLE ON THIS SUBJECT (JUST SOME MINI SYMPOSIUM PAPERS) AND NONE OF HER PUBLIC WRITINGS MENTION HER PROTOCOL/METHODOLOGY AT ALL. HER ONE ATTEMPT TO PUBLISH A PEER REVIEWED ARTICLE ON SBS/AHT WAS REJECTED BY 4 OF 5 REVIEWERS AND WAS PUBLISHED AS A POSITION PAPER WHICH HAS EXPIRED (INTENTIONALLY UNRENEWED) BY NATIONAL ASSOC MED EX.
29 THE SCIENCE BEHIND BAPP: 3. APPROPRIATE CONSIDERATION OF BIAS. Dr. Case has been teaching that Doctors and others should take a prosecutorial approach to child abuse cases and that when two people are present when a child collapses they should both be charged. She also testifies that she, as a forensic neurologist, always has the last say on causation. THIS IS TRULY SCARY FOR THOSE INTERESTED IN JUSTICE.
30 THE SCIENCE BEHIND BAPP: 4. ANY OTHER APPLICABLE BASIC REQUIREMENT OF PROPER SCIENCE (SEE THE NAS REPORT &/OR YOUR CHILD S HIGH SCHOOL SCIENCE TEACHER). A Texas Trial Judge and the Texas Court of Criminal Appeals found Dr. Case s theories about AHT are on the fringe [not the two (2), Plunkett and Stephens, she accused of being on the fringe or the other eight (8) Doctors of medical and/or biomechanical sciences who testified in the case]. Ex Parte Cathy Lynn Henderson, 384 S.W.3d 833, (Cr. Crim. App. Tx 2012) It appears that Dr. Case told the Texas Courts that she had written on distinguishing traumatic from non traumatic injuries without disclosing that all she has written on that was a non peer reviewed mini symposium. Id.,
31 SUMMARY 1. SBS HAS BEEN PROVEN TO BE JUNK SCIENCE, AND FORMER ADHERENTS HAVE BACKED AWAY. 2. AHT IS LESS SCIENTIFICALLY RELIABLE THAN SBS. 3. BAPP SAYS ZERO ABOUT TRAUMATIC CAUSATION. 4. THE JOHNSON OPINION HAS NO PRECEDENTIAL VALUE.
32 QUESTIONS Mark C. Prugh 328 Historic Route 66 East Waynesville, Missouri Tel: FAX: E mail TO GET COPY OF SLIDES: Website to NAS report:
Mary Case, MD Professor of Pathology St. Louis University USA 2015 MO Juvenile Justice Association Conference Lake Ozark, MO I have nothing to disclose 75 80% of child abuse deaths are due to head trauma
Clash of the medical experts: Abusive Head Trauma Karen Farst, MD UAMS, Dept of Pediatrics Arkansas Children s Hospital Justin Fitzsimmons, JD Search.org Copyright Notice This presentation contains the
Key Words Shaken Baby Syndrome; Dr Norman Guthkelch; Child abuse; Miscarriages of Justice; Medical Criminology. Integrity in Science: The Case of Dr Norman Guthkelch, Shaken Baby Syndrome and Miscarriages
V I C T I M S E R V I C E S D I V I S I O N Texas Department of Criminal Justice Victim Services Division CRIME VICTIM ASSISTANCE STANDARDS Developed and distributed by the The Texas Crime Victim Clearinghouse
Expert Testimony Involving Radiology & Neuroradiology in NAT Cases Brian Holmgren Assistant District Attorney General Davidson County, Nashville, TN The Road To Court Expert Realities Usually you don t
Abusive Head Trauma Evidence: Admissibility at Trial Justin T. Fitzsimmons Senior Attorney National District Attorneys Association s National Center for Prosecution of Child Abuse Alexandria, VA email@example.com
STATEMENT OF PAUL C. GIANNELLI WEATHERHEAD PROFESSOR OF LAW CASE WESTERN RESERVE UNIVERSITY BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE HEARING ON THE NATIONAL ACADEMY OF SCIENCES REPORT:
DISTRICT COURT, JEFFERSON COUNTY, COLORADO 100 Jefferson County Parkway Golden, Colorado 80401-6002 MARION WHILDEN AND MARY WHLDEN Plaintiff, v. KIMBERLY CLINE, ELMER DUDDEN and COLORADO CAB COMPANY, L.L.C.
Overview of the NAS Report on Forensic Science in the U.S. Forensic Science in Iowa: Impact of the National Academy of Sciences Report October 29, 2010 Brian Farrell Overview Issues with forensic science
COMMITTEE REPORT TO THE ATTORNEY GENERAL: SHAKEN BABY DEATH REVIEW OVERVIEW: The tragedy of a child who dies unexpectedly in suspicious circumstances has many victims. 1 On December 2 nd, 2008, following
Shaken Baby Syndrome Prevention Program Lisa Carroll RN, BSN Shaken Baby Syndrome in US Occurs when infant or young child is violently shaken Most violent form of Child Abuse in US; between 1,200 1,800
Science and the Shaken Baby Peter J Stephens MD firstname.lastname@example.org 1 Child Abuse Experts Why there isn t such a thing Understanding these problems in depth requires advanced knowledge of all of these
SUPREME COURT OF MISSOURI en banc KENNETH SUNDERMEYER, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE FOR ELVA ELIZABETH SUNDERMEYER, DECEASED, Appellant, v. SC89318 SSM REGIONAL HEALTH SERVICES D/B/A VILLA
Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)
V I C T I M S E R V I C E S D I V I S I O N Texas Department of Criminal Justice Victim Services Division CRIME VICTIM ASSISTANCE STANDARDS 9/2015 CRIME VICTIM ASSISTANCE STANDARDS The Texas Department
The DelliCarpini Law Firm Melville Law Center 877.917.9560 225 Old Country Road fax 631.923.1079 Melville, NY 11747 www.dellicarpinilaw.com John M. DelliCarpini Christopher J. DelliCarpini (admitted in
Legal Studies Research Paper Series Paper No. 1195 Houston Journal of Health and Policy (forthcoming) SHAKEN BABY SYNDROME, ABUSIVE HEAD TRAUMA, AND ACTUAL INNOCENCE: GETTING IT RIGHT Keith A. Findley,
6/3/2013 11:28 AM From: Law Offices of Richard Mitchell/817-585-4778 To: 18175793247 6 of 1 THE STATE OF TEXAS v. GORDON RAY LEWIS Defendant's Motion for Kellv!Daubert Hearing of State Expert Witness James.Jeffress
Oxford Scholarship Online You are looking at 271-280 of 345 items for: keywords : Quine lawmed Medical Tourism through Public Health Insurance: The EU Model and Beyond Published in print: Published Online:
12 Hous. J. Health L. & Policy 201 Copyright 2012 A.N. Guthkelch Houston Journal of Health Law & Policy ISSN 1534-7907 PROBLEMS OF INFANT RETINO-DURAL HEMORRHAGE WITH MINIMAL EXTERNAL INJURY A.N. Guthkelch
JUROR S MANUAL (Prepared by the State Bar of Michigan) Your Role as a Juror You ve heard the term jury of one s peers. In our country the job of determining the facts and reaching a just decision rests,
Admissibility of Social Science Evidence in Law Comparative Law and Social Science 2012 Summer Institute of International and Comparative Law Paris, France Professor Valerie Hans, Cornell Law School Adversary
Abusive Head Trauma Controversies Carole Jenny, MD, MBA, FAAP Professor of Pediatrics Warren Alpert Medical School of Brown University Providence, Rhode Island Is there Credible Evidence for Abusive Head
WORKING WITH EXPERTS IN FAMILY COURT by J. Benjamin Stevens and Jenny R. Stevens The Stevens Firm, P.A. Family Law Center 349 E. Main Street, Suite 200, Spartanburg, SC 29302 www.scfamilylaw.com :: (864)
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-09-00275-CR Amanda Marie Bittner, Appellant v. The State of Texas, Appellee FROM THE DISTRICT COURT OF COMAL COUNTY, 207TH JUDICIAL DISTRICT NO.
Confrontation and the Expert Witness State Public Defender Conference November 9, 2012 The Big Question On what kind of information can an expert opinion be based? admissible facts and data? No problem
NAS REPORT Strengthening Forensic Science in the US: A Path Forward Committee on Identifying the Needs of the Forensic Science Community Committee on Science, Technology, and Law Policy and Global Affairs
RENDERED: JANUARY 15, 2010; 10:00 A.M. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2008-CA-000763-MR COMMONWEALTH OF KENTUCKY APPELLANT APPEAL FROM JEFFERSON CIRCUIT COURT v. HONORABLE
Child Abuse and Neglect AAP Policy Recommendations When Inflicted Skin Injuries Constitute Child Abuse Committee on Child Abuse and Neglect PEDIATRICS Vol. 110 No. 3 September 2002, pp. 644-645 Recommendations
In the Supreme Court of Georgia Decided: September 14, 2015 S15A1170. NOEL v. THE STATE. THOMPSON, Chief Justice. Appellant Rodney Noel appeals from the denial of his motion for new trial which was filed
Section 15-23-60 Definitions. As used in this article, the following words shall have the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and who is held
The Innocence Legal Team specializes in [defending against] false allegations of sexual and physical abuse. Patrick Clancy is the Chief Strategist of the Innocence Legal Team. He is nationally known as
Q:\wwwroot\NESL\lawrev\Vol36\36-3\04 Brian Holmgren.doc Printed On 1/7/2003: The Expert Witness Brian Holmgren There were three professionals who were debating the oldest profession in the world: a surgeon,
Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.
EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL Appeals of workers compensation claim denials are handled by the Labor Commission s Adjudication Division. If you disagree with the claim
A Victim s Guide to Understanding the Criminal Justice System The Bartholomew County Prosecutor s Office Victim Assistance Program Prosecutor: William Nash 234 Washington Street Columbus, IN 47201 Telephone:
Personal Injury Wrongful Death Slip & Fall Automobile Accidents Trucking Accidents Motorcycle Accidents Medical Malpractice Criminal Defense You re Under ARREST! What Happens Now? Do NOT Speak to Police
TIFFANY R. MURPHY Assistant Professor of Law Director Criminal Defense Clinic University of Arkansas School of Law 1045 W. Maple Street Waterman Hall Fayetteville, Arkansas 72701 (479) 575-3056 (office)
Massachusetts Major City Chiefs Best Practices in Eyewitness Identification and the Recording of Suspect Interviews September 2010 Introduction In December 2009 the Boston Bar Association published Getting
IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY THE STATE OF IOWA, Plaintiff, vs. Defendant. CRIMINAL NO. WRITTEN PLEA OF GUILTY AND WAIVER OF RIGHTS (OWI First Offense) COMES NOW the above-named Defendant
Subcommittee NATIONAL COMMISSION ON FORENSIC SCIENCE Testimony Using the Term Reasonable Scientific Certainty Reporting and Testimony Type of Work Product Views Document Statement of the Issue It is the
Mandatory Arbitration The Alternative To Trial By Christopher M. Davis, Attorney at Law 206-727-4000 Phone: 206-727-4000 Fax: 206-727-4001 email@example.com Copyright 2007 by Christopher Michael
Dr. Ira N. Adler (Preliminary questions based on CV, qualification as an expert) Define and establish scope of Pediatric Radiology Includes diagnosis and treatment of physical child abuse (Battered Child
Chapter 2 Legal view of digital evidence Before developing a model or a theory, it is important to understand the requirements of the domain in which the model or the theory is going to be used. The ultimate
Prosecuting Attorneys Council of Georgia Transition Into Prosecution Program Office: Name of Beginning Lawyer: Bar No. Name of Mentor: Bar No. MODEL MENTORING PLAN OF ACTIVITIES AND EXPERIENCES FOR STATE
Opening Statement Prof. Constantine Gatsonis Co-Chair, Forensic Science Committee Good Afternoon Ladies and Gentlemen. I will begin with a heartfelt note of thanks to the staff of this committee of the
Types of Brain Injury The bones of your skull are hard and they protect your brain. Your brain is soft, like firm Jell-O. When your head moves, your brain moves inside your skull. When your head is hit
09-EV-01 9 COMMENTS OF NATIONAL ASSOCIATION OF CRIMINAL DEFENSE. LAWYERS on proposed stylistic changes to Federal Rules of.evidence Rule 401 ARTICLE IV. RELEVANCY AND ITS ARTICLE IV. RELEVANCY AND LIMITS
Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case
D. DTI HAS BEEN ADMITTED BY COURTS UNDER BOTH FRYE AND DAUBERT STANDARDS  This is hardly the first case where the plaintiff sought to introduce DTI findings in a brain injury case. It is important to
Confrontation in Domestic Violence Litigation: What Every New Attorney Should Know about the Necessity of Victim Participation By: Michael D. Dean i Those experienced in domestic violence litigation are
The Federal Court System Equal Justice for All Courts settle civil disputes between private parties, a private party and the government, or the United States and a state or local government. In a civil
IN THE 242 ND DISTRICT COURT OF SWISHER COUNTY, TEXAS and IN THE COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS THE STATE OF TEXAS ) Writ Nos. 51,824 01, -02, -03, -04 ) (Trial Court Cause Nos. ) B-3340-9907-CR,
Julia Slovis Sept. 3, 2015 Characteristics and Outcomes of a Population of Pediatric Patients with Traumatic Brain Injury Before and After Initiation of Guidelines for Management a. Study Purpose and Rationale
TOP TEN TIPS FOR WINNING YOUR CASE IN JURY SELECTION PRESENTED BY JEFF KEARNEY KEARNEY & WESTFALL 2501 PARKVIEW STREET, SUITE 300 FORT WORTH, TEXAS 76102 (817) 336-5600 LUBBOCK CRIMINAL DEFENSE LAWYERS
Confusion on the Front Lines: The Response of Law Enforcement and Prosecutors to Cases of Elder Abuse Page Ulrey, J.D. King County Prosecutor s Office Seattle, Washington I. Introduction Having historically
Boulder Municipal Court Boulder County Justice Center P.O. Box 8015 1777 6 th Street Boulder, CO 80306-8015 www.bouldercolorado.gov/court JURY READINESS CONFERENCE INSTRUCTIONS You have set your case for
Consortium of forensic - 1-1NAS plus 38 months science organizations September 2013 113th Congress 1st Session Legislative update CFSO BOARD MEMBERS Pete Marone, Chair ASCLD/LAB Representative firstname.lastname@example.org
D e l Si g n o r e L a w GUIDE TO WHAT TO EXPECT AT A CLERK MAGISTRATE HEARING What you need to know about your Massachusetts clerk magistrate hearing. Authored by Attorneys Michael DelSignore And Julie
JON BRYANT ARTZ, ESQ. - State Bar No. LAW OFFICES OF JON BRYANT ARTZ 0 Wilshire Boulevard, th Floor Los Angeles, California 00-0 Telephone: ( 0- Facsimile: ( 0-1 Attorney for Defendant 1 1 1 1 1 0 1 SUPERIOR
CROSS EXAMINATION OF AN EXPERT WITNESS IN A CHILD SEXUAL ABUSE CASE Mark Montgomery Post Office Box 161 Durham, NC 27702 (919) 680-6249 email@example.com Opinion Testimony by a Pediatrician/Nurse/Counselor/Social
CORE INFO: Head and spinal injuries in children Introduction This leaflet summarises what is currently known about the clinical presentation of abusive head trauma (AHT) and spinal injuries in children.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA UNITED STATES OF AMERICA : v. : CRIMINAL NO. 96-00407 BYRON C. MITCHELL : O R D E R AND NOW, this day of, 2000, upon consideration
SignIn Exoneration Case Detail A JOINT PROJECT OF MICHIGAN LAW & NORTHWESTERN LAW CURRENTLY 1,063 EXONERATIONS BROWSE CASES CONTACT US LEARN MORE LINKS NEWS Dale Duke State: County: Texas Dallas In 1992,
Networked Knowledge Media Report Networked Knowledge Prosecution Reports This page set up by Dr Robert N Moles [Underlining where it occurs is for editorial emphasis] Anthony Graves is appointed to the
Computer Forensics: an approach to evidence in cyberspace Abstract This paper defines the term computer forensics, discusses how digital media relates to the legal requirements for admissibility of paper-based
The NAS Report and Foundations of Good Science March 29, 2012 NACDL/Innocence Network Kansas City, MO Andrea Roth, UC Berkeley School of Law firstname.lastname@example.org Goals for the Next Hour Learn what the
A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant
Page 1 of 7 Ben Brodhead on proving causation and damages in spinal fusion cases. Friend on Facebook Follow on Twitter Forward to a Friend Proving Causation and Damages in Spinal Fusion Cases By: Ben C.
CHILD ABUSE REPORTING PROCEDURES REASON FOR INVESTIGATION The Grand Jury received a citizen s complaint concerning the possible mishandling of a Suspected Child Abuse Report (SCAR) by the Nevada County
,,, ~.f:... SALT.,LAKE.CITY JUSTICE COURT SALT LAKE CITY, UTAH., 0 ~ Name of Defendant Case Number. L STATEMENT OF DEFENDANT ENTERING A 'GUlL TY PLEA z NOTIFICATION OF CHARGES.. '!i... /; I have received
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent
06/13/2014 "See News Release 031 for any Concurrences and/or Dissents." SUPREME COURT OF LOUISIANA No. 2013-CK-2483 STATE OF LOUISIANA IN THE INTEREST OF E.C. ON SUPERVISORY WRIT TO THE JUVENILE COURT,
Strengthening Forensic Science in the United States: A Path Forward American Society of Crime Laboratory Directors (ASCLD): Recognizes that the committee s recommendations pave the way for a significant
Child Abuse Pediatrics Fellowship Program Child Protection Program Indiana University School of Medicine Riley Hospital for Children About Us The Child Abuse Pediatrics Fellowship at Indiana University
COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS DAVID MORALES, Appellant, V. THE STATE OF TEXAS, Appellee. O P I N I O N No. 08-05-00201-CR Appeal from the 409th District Court of El Paso County,
Case 1:14-cr-20052-JEM Document 217 Entered on FLSD Docket 10/28/14 16:27:13 Page 1 UNITED STATES OF AMERICA, vs. ROGER BERGMAN, UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION
Lawyer Referral and Information Service 301 Battery Street, Third Floor San Francisco, CA 94111 Telephone: (415) 477-2374 Fax: (415) 477-2389 URL: www.sfbar.org APPLICATION FOR JUVENILE DELINQUENCY LAW
The Legal Argument 1 email@example.com Abstract This paper addresses digital forensic analysis tools and their use in a legal setting. To enter scientific evidence into a United States court, a
STATE OF TEXAS VS JANE DOE VOIR DIRE 1. CONVERSATION - ONLY TIME YOU CAN ASK THE LAWYERS QUESTIONS 2. NO RIGHT OR WRONG ANSWER 3. DESELECTION (TO MAKE THE JURY = SIT THERE & BE QUIET) 4. SOME QUESTIONS
Case 1:11-cv-02026-SCJ Document 118 Filed 12/10/12 Page 1 of 8 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION EDWARD BRANDON NOE, Plaintiff, CIVIL ACTION No. 1:11-cv-02026-SCJ
Dallas County District Attorney s Office TESTIMONY OF DALLAS COUNTY DISTRICT ATTORNEY CRAIG WATKINS PRESENTED BEFORE THE UNITED STATES SENATE COMMITTEE ON THE JUDICIARY ON MARCH 21, 2012 HEARING TOPIC:
Head Injury Dr Sally McCarthy Medical Director ECI Head injury in the emergency department A common presentation 80% Mild Head Injury = GCS 14 15 10% Moderate Head Injury = GCS 9 13 10% Severe Head Injury