Friday, November 28, 2008

Homicide?

How can a man be convicted of homicide when no homicide was proven?
The medical examiner failed to prove that a homicide occurred.
The medical examiner misunderstood wound ballistics. He wrote on the autopsy report that the manner of death was homicide without scientific evidence. The medical examiner misapplied a ballistics test and ruled on a manner of death in the absence of scientific fact and contrary to scientific knowledge… with disastrous results.

Does this matter today? Should we care? Is there any benefit to be gained from correcting that error now? How many lives would it affect? Is that even a gauge we should use when deciding if it is worth fixing?

We are not talking about expensive forensic testing. Just a common sense look at known facts of wound ballistics available to anyone who cares to do a little internet research and … SHAZAM!! there it is. Proof of error. Not just a small error. An error that cost a man his freedom for life. His family’s honor. The victim’s family’s peace of mind. And on and on and on.

Now what?

Should the forensic science community be concerned with upholding its integrity? Should the justice community be concerned with repairing the errors it committed while trusting the forensic community?

Should the people, when made aware of this error, expect it to be corrected?