Friday, April 18, 2014
The Associated Press
At least 24 men convicted or charged with murder or rape based on bite marks on the flesh of victims have been exonerated since 2000, many after spending more than a decade in prison. Now a judge's ruling later this month in New York could help end the practice for good.
This April 17, 2013 photo shows dental molds that are part of an experiment showing systematic alteration of tooth position to determine when small differences in tooth arrangement can be recognized in bite marks in skin, at the school in Buffalo, N.Y. Bite marks, long accepted as criminal evidence, now face doubts about reliability. (AP Photo/David Duprey)
Forensic odontologist Dr. Richard Souviron points to a photo of Ted Bundy’s teeth during Bundy’s 1979 murder trial in Miami. Souviron, who is considered the founding father of bite-mark forensics, argues there’s a “real need for bite marks in our criminal justice system.”
The Associated Press
A small, mostly ungoverned group of dentists carry out bite mark analysis and their findings are often key evidence in prosecutions, even though there is no scientific proof that teeth can be matched definitively to a bite into human skin.
DNA has outstripped the usefulness of bite mark analysis in many cases: The FBI doesn't use it and the American Dental Association does not recognize it.
"Bite mark evidence is the poster child of unreliable forensic science," said Chris Fabricant, director of strategic litigation at the New York-based Innocence Project, which helps wrongfully convicted inmates win freedom through DNA testing.
Supporters of the method, which involves comparing the teeth of possible suspects to bite mark patterns on victims, argue it has helped convict child murderers and other notorious criminals, including serial killer Ted Bundy. They say problems that have arisen are not about the method, but about the qualifications of those testifying, who can earn as much as $5,000 a case.
"The problem lies in the analyst or the bias," said Dr. Frank Wright, a forensic dentist in Cincinnati. "So if the analyst is ... not properly trained or introduces bias into their exam, sure, it's going to be polluted, just like any other scientific investigation. It doesn't mean bite mark evidence is bad."
The Associated Press reviewed decades of court records, archives, news reports and filings by the Innocence Project in order to compile the most comprehensive count to date of those exonerated after being convicted or charged based on bite mark evidence. Two dozen forensic scientists and other experts were interviewed, including some who had never before spoken to a reporter about their work.
The AP analysis found that at least two dozen men had been exonerated since 2000, mostly as a result of DNA testing. Many had spent years in prison, including on death row, and one man was behind bars for more than 23 years. The count included at least six men arrested on bite mark evidence who were freed as they awaited trial.
Two court cases this month are helping to bring the debate over the issue to a head. One involves a 63-year-old California man who is serving a life term for killing his wife, even though the forensic dentist who testified against him has reversed his opinion.
In the second, a New York City judge overseeing a murder case is expected to decide whether bite mark analysis can be admitted as evidence, a ruling critics say could kick it out of courtrooms for good.
Some notable cases of faulty bite mark analysis include:
• Two men convicted of raping and killing two 3-year-old girls in separate Mississippi crimes in 1992 and 1995. Marks on their bodies were later determined to have come from crawfish and insects.
• A New Mexico man imprisoned in the 1989 rape and murder of his stepdaughter, who was found with a possible bite mark on her neck and sperm on her body. It was later determined that the stepfather had a medical condition that prevented him from producing sperm.
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