SJC to hear arguments on banning fingerprint evidence

By Jonathan Saltzman, Globe Staff  |  September 5, 2005

For more than a century, a fingerprint match has been considered 
nearly unimpeachable evidence in a criminal case. Trace a latent 
print at a crime scene to the fingertip of a suspect, goes the 
conventional wisdom, and you've got the bad guy.

But the bedrock forensic science has been under intense scrutiny 
recently as a result of a series of high-profile errors by 
fingerprint examiners around the country, one of which led to the 
imprisonment of an innocent Boston man after a false match tied him 
to the shooting of a police sergeant. Some critics say fingerprint 
analysis isn't even a science.

Now the controversy is coming before the highest court in 
Massachusetts. The Supreme Judicial Court is scheduled to hear 
arguments Wednesday about whether to quash key fingerprint evidence 
in the case of Terry L. Patterson, who is being retried in the 1993 
slaying of a Boston detective.

In addition, Patterson's lawyer in the case, John H. Cunha Jr., wants 
the SJC to do what no other state supreme court has done: bar 
fingerprint analysis from being presented in all criminal trials 
until it is subjected to rigorous scientific scrutiny and proven 
reliable.

Cunha, who has enlisted 15 scientists and scholars to bolster his 
argument, said fingerprint analysis has never been systematically 
studied for its reliability. It lacks uniform standards for how many 
characteristics must be present in a latent print before analysts can 
declare a match, he said, nor are there statistical models to 
calculate how often analysts err. Instead, its reputation for 
infallibility approaches an article of faith.

...

http://www.boston.com/news/local/articles/2005/09/05/sjc_to_hear_arguments_on_banning_fingerprint_evidence/


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