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?
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- M M Stoddart
- I retired from the Canadian Public Service in 2002 and began my first book, The Chaparral Murders which is now in print.
2 comments:
I know of such a case were the wound evidence ballistics and bullet path don't add up. This took place In Jackson County WV. Part of the court records are missing as is some of the police records.
About your book how do you know for sure two people were shot by the same shotgun?
It was a reasonable assumption that the same shotgun was used against both victims. Granted that is not proof. Police ballistics tied the father's shotgun to the empty shell found at the scene of his death. This was the same shotgun found with the second victim, the son. The same size shot was found in both victims and matched the shot in the live shells found in the second victim's (son's)pocket.
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