MILWAUKEE(AP)
It has sent innocent men to death row, given defense attorneys
fits and splintered the scientific community.
For a decade now, attorneys and even some forensic experts have
ridiculed the use of bite marks to identify criminals as sham
science and glorified guesswork.
Now researchers at Marquette University say they have developed
a first-of-its kind computer program that can measure bite
characteristics. They say their work could lead to a database of
bite characteristics that could narrow down suspects and lend more
scientific weight to bite-mark testimony.
"The naysayers are saying, `You can throw all this out.
It's junk science. It's voodoo. This is a bunch of boobs
that are causing a lot of problems and heartaches for
people,'" said team leader Dr. L. Thomas Johnson, a
forensic dentist who helped identify victims of the cannibalistic
Milwaukee serial killer Jeffrey Dahmer. "It's a valid
science if it's done properly."
Skeptics already are taking shots.
"Scientifically illiterate," Dr. Mike Bowers, a deputy
medical examiner in Ventura County, Calif., and a member of the
American Board of Forensic Odontology, said of Johnson's
work.
Built around the assumption that every person's teeth are
unique, forensic dentistry has used bite impressions to identify
criminals for 40 years. Bite marks on a young woman helped convict
serial killer Ted Bundy of murdering her and another college
student.
But critics say human skin changes and distorts imprints until
they are nearly unrecognizable. As a result, courtroom experts end
up offering competing opinions.
"If the discipline lends itself to opposing experts,
it's not science," said Peter Neufeld, co-director of the
Innocence Project, which works to free wrongfully convicted
inmates.
Since 2000, at least seven people in five states who were
convicted largely on bite-mark identification have been exonerated,
according to the Innocence Project.
In Arizona, Ray Krone was found guilty in 1992 of killing a
Phoenix bartender based largely on expert testimony that his teeth
matched bites on the victim. He was sentenced to death, won a new
trial on procedural grounds, was convicted again and got life. But
DNA testing in 2002 proved he wasn't the killer. Krone was
freed and won a spot on the ABC reality show "Extreme
Makeover" to remake his teeth.
In Mississippi, forensic odontologist Dr. Michael West has come
under fire after he testified in two child rape-murders in the
1990s that bite marks positively identified each killer. Kennedy
Brewer was sentenced to death in one case, and Levon Brooks got
life in prison in the other.
DNA tests later connected a third man to one of the rapes, and
investigators say he confessed to both murders. In Brewer's
case, a panel of experts concluded that the bites on the victim
probably came from insects. Brewer and Brooks were exonerated
earlier this year.
Determined to prove that bite analysis can be done
scientifically, Johnson and his team won about $110,000 in grants
from the Midwest Forensic Resources Center at Iowa State University
and collected 419 bite impressions from Wisconsin soldier
volunteers.
They built a computer program to catalog characteristics,
including tooth widths, missing teeth and spaces between teeth. The
program then calculated how frequently _ or infrequently _ each
characteristic appeared.
He hopes to collect more impressions from dental schools across
the country to expand the database into something close to law
enforcement's DNA databanks. With enough samples, the software
could help forensic dentists answer questions in court about how
rarely a dental characteristic appears in the American population.
That would help exclude or include defendants as perpetrators,
Johnson said.
He acknowledged that his software will probably never turn
bite-mark analysis into a surefire identifier like DNA and that he
would need tens of thousands of samples before his work would stand
up in court.
But "this is the first step toward actually providing
science for this type of pattern analysis," Johnson said.
Bowers, who often testifies for the defense in criminal cases,
said Johnson should instead study how skin changes can distort bite
marks.
Dr. David Sweet, a forensic dentist at the University of British
Columbia, said he has been working on a database similar to
Johnson's for the past decade. He said he has offered Johnson
casts and reproductions of the hundreds of bite impressions he is
making.
Dr. Robert Barsley, a Louisiana State University dental
professor and vice president of the American Academy of Forensic
Science, said he, too, would send Johnson hundreds of bite
impressions.
"His work could certainly be a benefit," Barsley said.
"I don't think it will solve the problem, but it would be
a step in the right direction."
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