Florida Federal Criminal Defense Attorney, W.F. ”Casey” Ebsary, Jr. just returned from a great seminar on fighting the admissibility of Junk Science in federal criminal cases.
To attack Junk Scientific Evidence, one must look beyond the practitioners of the field itself. State of Maryland v. Bryan Rose, K06-0545 (Cir. Balt. Co. 2008) (“general acceptance of latent print identification by its practitioners does not constitute general acceptance by the ‘scientific community’ . . .”); United States v. Saelee, 162 F.Supp.2d 1097 (“Finally, the evidence does indicate that there is general acceptance of the theories and techniques involved in the field of handwriting analysis among the closed universe of forensic document examiners. This proves nothing.”). In most cases, the Government has not and will not be able to produce anyone beyond law enforcement technicians.
The seminar was available for free here: Junk Science in Federal Courts http://centrallaw.com/JunkScienceInFederalCourt_files/frame.htm
Thanks to Attorney Frank Godbold.