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MISCARRIAGES OF JUSTICE: THE CARDIFF INNOCENCE PROJECT

Small Group Four: Police Investigations and Forensic Science Learning aims: In this small group class, we will  

Explore the ways in which police investigations can contribute, or lead, to miscarriages of justice Understand how police investigations work, and the role of forensic science in criminal investigations

Reading: Required reading is in bold. Texts not in bold do not need to be read before the seminar

Police investigations  

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Michael Naughton, The Innocent and the Criminal Justice System: A Sociological Analysis of Miscarriages of Justice (Palgrave 2013) pp.35-49; 72-77 Dianne L. Martin, ‘Lessons about Justice from the Laboratory of Wrongful Convictions: Tunnel Vision, the Construction of Guilt and Informer Evidence’ (2002) 70 UMKC L. Rev. 847 D. Kim Rossmo ‘Case rethinking: a protocol for reviewing criminal investigations,’ (2016) 17(3) Police Practice and Research 212-228

Forensic Science  

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Karen Richmond, ‘Streamlined Forensic Reporting: ‘Swift and sure justice’?’, (2018) 82 The Journal of Criminal Law 156-177 Saul Kassin, Itiel Dror & Jeff Kukucka (2013) ‘The forensic confirmation bias: Problems, perspectives, and proposed solutions.’ 2 Journal of Applied Research in Memory and Cognition. 42-52 Angela Shaw, ‘A Review of the Gunshot Residue Evidence in R v Dwaine George.’ September 2013, Report prepared for the Criminal Cases Review Commission (available on learning central) Dwaine George v R [2014] EWCA Crim 2507 (Available on learning central) Mr Collins, Appendix D - Report for the CCRC, August 2001 (Available on learning central) Dr Graham Renshaw, Appendix E – Report for the CCRC, April 2002 (Available on learning central) Angela Gallop & Jennifer Brown, ‘The Market Future for Forensic Science Services in England and Wales.’ [2014] 8(3) Policing: A Journal of Policy and Practice 254 Adam Wilson, ‘Expert Testimony in the Dock.’ (2005) 69(4) The Journal of Criminal Law 330 Barbara Ley, Natalie Jankowski & Paul Brewer, ‘Investigating CSI: Portrayals of DNA testing on a forensic crime show and their potential effects.’ (2012) 21(1) Public Understanding of Science 5167 For case examples of wrongful convictions based on forensic science see:  R v Sion David Charles Jenkins [2004] EWCA Crim 2047  R v Sally Clark [2003] EWCA Crim 1020

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MISCARRIAGES OF JUSTICE: THE CARDIFF INNOCENCE PROJECT

Forensic science reading Dwaine George v R [2014] EWCA Crim 2507 Facts of case 

In 2001, teenager Daniel Dale (18) was chatting in the street when he was shot dead.

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A bullet hit in the back and went into his heart, after shots were fired indiscriminately at the group. A vehicle with 4 people in stopped on New Allen Street, 2 masked men got out and chased boys including Dale. Mr Thomas sustained non-fatal injuries.

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Later that day the red Honda was found on fire Shaw, in relation to the red Honda car used in the shooting, states that she understands that there was no link found by the police pairing G, or his co-defendant Loftus to vehicle or shooting. Walther PPK 7.65 calibre self-loading pistol found at Cunningham’s address in Aug 2001 Mark Robinson for FFS at the time stated it had been used in shooting 25th July 2001, and another on June 9th in Manchester. In trial 2002, Cunningham stated that he was minding it for Ryan browns brother Loftus prior to shooting on July 25th. Stated that on day of shooting Brown collected the gun from C’s address and he believed that Mr George drove, with “2 unknown men in the back” A murder investigation was launched after the shooting in Manchester and police arrested Dwaine George. After being found guilty of murder at trial, Mr George was sentenced to life in prison.

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A key strand of the prosecution case against Mr George was the discovery of "gunshot residue" on a coat found at his home which a forensic expert said showed the coat had been present at a shooting.

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Mr George always denied his involvement in the incident and said he was eating at a friend’s house when the shooting happened.

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Despite protesting involvement in April 2002 Mr George was found guilty at Preston Crown Court of murder, attempted murder and possession of a firearm with intent to endanger life.

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Mr George appealed the verdict two years later, but had his case rejected by three judges.

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It seemed as though Mr George would end up serving the life sentence for the crime he consistently denied committing.

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12 years later a group of Cardiff University Students managed to overturn Mr George's conviction, clearing his name.

How was George’s case overturned?  Main reason for prosecuting him was that the presentation of evidence of a very small amount of gunshot residue found on a black Henri Lloyd hooded jacket found under the stairs at George’s home. 

Denis Maguire, a US-based gunshot residue expert was contacted, who provided the basis for the students’ technical submissions.

Judgement:

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MISCARRIAGES OF JUSTICE: THE CARDIFF INNOCENCE PROJECT 

Cunningham’s and Shaws’ weak evidence: two aspects of what he said were capable of linking the appellant to the shooting: these were his report of two telephone calls and his visual identification of the appellant.

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“not fanciful to suggest that the evidence relating to what was called gunshot residue was seen by the jury as providing important independent support for the weak visual identification by Cunningham” and “weak voice recognition” by Shaw (to say nothing of playing a part in justifying the conclusion of joint enterprise sufficient to rely on the evidence of Cunningham that the appellant had been named as one who was collecting the gun). In his judgment, made with Mr Justice Green and Mr Justice Goss, Leveson pointed to new guidelines on firearms residue issued by the Forensic Science Service (FSS) in 2006, two years after George’s conviction. If the new guidelines were followed “the number and type of particles of residue found on the coat were so small so as to be at or near the level at which they could not be considered to have evidential value,” according to the judgment.  TOO MUCH OF A LOW COUNT OF GSR ON HIM, NEW LAW NOW FROM THIS If the judge at the original trial had access to the new guidelines his directions to the jury “would have been couched in terms of much greater circumspection and caution,” it added. Conviction unsafe, quashed

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Angela Shaw, ‘A Review of the Gunshot Residue Evidence in R v Dwaine George.’ September 2013, Report prepared for the Criminal Cases Review Commission (available on learning central)   

She established the forensic firearms consultancy (FFC) in March 2012 Market leader in providing independent forensic science Shooting happened on 25th July 2001

Findings from Dwayne George -

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A coat (DG/2) from under stairs  submitted to FSS lab in Chorley Dummy cartilage (DG/3) from mothers’ car  same Other filters obtained by vacuuming  transferred to Birmingham lab for analysation of the presence of GSR (gunshot residue), results reported by David Collins senior forensic scientist Mr Collins: reported finding 2 particles containing lead, barium and antimony, and one with aluminium and barium on front of the coat, and one particle containing barium and aluminium on a combined pocket sample. He found particles containing combos of lead, barium, antimony and aluminium on the samples from the spent cartridge cases recovered from the scene of the shooting. Concluded: some evidence to suggest coat had association with shooting but not enough to link to murder of Daniel Dale. Mr Justice Penry- Davey summed this up as this evidence transcript is not available.

 Conclusions: Particles from ammunition itself contained aluminium and so did coat Particles could have been produced from any cartridge case of which had many samples, or from other ammunition containing aluminium. Explanation may be someone wearing a coat close to someone firing a gun, or coat in physical contact with a gun, or a coat in contact with any object or surface containing GSR Does suggest some evidence linked with a shooting or guns.

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MISCARRIAGES OF JUSTICE: THE CARDIFF INNOCENCE PROJECT Mr Georges Defence team appoint independent forensic consultant: DR. Graham Renshaw Concluded: GG/2 premier residue- unsafe to conclude that this must be involved with shooting of Dale. The reason for this being that DG/3 from mothers car contained same type of reside, could be source of residue on his coat?

Jacket recovered from Cunningham’s home address: (“DPW/2”)  Found in box with balaclava in pocket  Mr Collins examined and reported particles lead, barium and antimony with other particles i.e. magnesium. This led to the opinion that this residue indicated that the person wearing this jacket could have either been close to or holding the pistol upon its firing during the incident.  Cunningham claimed it had been left by Loftus on previous occasion. SHAWS FINDINGS… SPILT INTO 1) How much significance can be placed on presence of 4 particles of GSR on JACKET DG/2?  

It is not possible to state that the indicative type 2 particles originated from THE ammunition as only two characteristic GSR particles were found on the coat (DG/2). Low levels of GSR like those found can be found In the environment or picked up unknowingly/ through association with firearms/ a contaminated source.

2) Could these particles have originated from the ammunition used in shooting on 25 thjuly 2001, if so, significance? 

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If the indicative Type 2 particles on the coat are GSR then all four particles could have originated the ammunition that fired on the day of the shooting, however any ammunition containing aluminium primer could also be the source. All that can be said is that the spent cartridge cases cannot be excluded as a source.

3) Could the way of search on 3 Anfield road have compromised GSR FOUND on DG/2? 

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Given that PC Greaves was based in same complex as officers that recovered the other items of clothing, it suggests that it is unlikely that they were contaminated with and background level of GSR and that he contaminated the coat(DG/2) during its recovery Would have been preferable for members of search team to wear disposable protective clothing during the search.

4) Are there other possible firearms sources of the particles found on the coat?

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Shooting on 30th April 2001 off licence, shooting at Museum Public house on 9th June 2001. Concluded that if Mr George had been wearing DG/2, and had been exposed to GSR from the discharge or handling of a gun in either of shooting incidents mentioned above, or from transfer of GSR from armed officers, this could account for GSR found on it. Also, if he had any association with the jacket wearer DPW/2 and or the address where it was recovered from, this may explain this.

 “Unsafe to conclude that the single particle found on jacket, MA14 originated from the ammunition used in the shooting on 25th July”

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MISCARRIAGES OF JUSTICE: THE CARDIFF INNOCENCE PROJECT

Mr Collins, Appendix D - Report for the CCRC, August 2001 (Available on learning central) Who is he?  a Bachelor of Science and Doctor of Philosophy/ the University of Wales. For some twentytwo years I was employed by the Home Office as a forensic scientist.  Appointed by solicitors who defended George.  Purpose was to Review and evaluate the firearm discharge residue evidence in this case. 

“my opinion it would be unsafe to conclude that the primer residue on the coat (item DG2) must be associated with the shooting incident on the 25 July 2001. The dummy cartridge from Mr George's car contains the same type of residue, that is primer particles and protenant residue devoid of nitroglycerine, as that produced by the cartridges fired during the shooting incident. The dummy cartridge could be the source of the residue found on the coat (item DG2)”

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The coat item DG2) was recovered on the 21 August 2001 some four weeks after the shooting incident. If the coat had been close to the gun when it was fired during the incident any residue falling on to the surface of the coat could have been retained for about one day. Consequently, if the coat was worn on days subsequent to the shooting all of the residues would have fallen off

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The residue particles found in the sample from the front of the jacket (item MA.14) recovered from 12 Hawkshead Road indicates that the person wearing the jacket could have been either close to the pistol or possibly holding the gun, when it was fired during the incident or have handled the fired gun

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Saul Kassin, Itiel Dror & Jeff Kukucka (2013) ‘The forensic confirmation bias: Problems, perspectives, and proposed solutions.’ 2 Journal of Applied Research in Memory and Cognition. 42-52

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‘confirmation bias’ listed as a contributing factor to wrongful identification of Mayfield and his involvement in 9/11 attacks following FBI fingerprint examiners independently concluded that the fingerprint was definitely that of Mayfield. Following this, Spanish authorities found that really it was the prints of the real Madrid bomber. Case sparked the idea that not all forensic evidence infallible and an alarming amount of forensic science errors with frequency in DNA exonerations cases and other wrongful convictions. In “The genetics of innocence,” Hampikian, West, and Akselrod (2011) found that several types of forensic science testimony had been used to wrongfully convict innocent individuals. In cases where trial transcripts or reliable forensic science data were avail- able for review, 38% contained incorrect serology testimony, which is highly regarded. In addition, 22% involved hair comparisons; 3% involved bite mark comparisons; and 2% involved fingerprint comparisons. In 2009, NAS stated that there are problems with standardization, reliability, accuracy and error for potential contextual bias. Stated that these disciplines need to develop rigorous protocols to guide these subjective interpretations and pursue equally as vigorous research.

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