Forensic Science: Last Week Tonight with John Oliver (HBO)

Forensic Science: Last Week Tonight with John Oliver (HBO)

LastWeekTonight

0:03 JOHN OLIVER: Crime.

0:04 You know that thing that was almost solved -by a flasher dog in 1980's.

0:08 -(AUDIENCE LAUGHING) But specifically this story is about

0:10 how we increasingly solve crimes using forensic evidence.

0:13 It's that thing that is just a staple of TV crime shows.

0:17 Pull it from the torso on the left.

0:20 Pull it from the boat on the right.

0:23 Two hearts beat as one.

0:25 Matches up perfectly.

0:27 -(DISTORTED SOUND) -That's a match.

0:30 -(COMPUTER BEEPS) -MAN 1: We've got a match.

0:31 MAN 2: And it just found us a match.

0:32 WOMAN 1: Visible match.

0:34 -WOMAN 2: We've a match.

0:35 -Match.

0:35 MAN 3: Were you able to determine which monkey bit him?

0:37 The bite marks match those of the monkey found at the scene.

0:40 -(AUDIENCE LAUGHING) -Wow!

0:42 That last one was presumably from one

0:44 of the crossover episodes where the team from Law& Order,

0:47 worked a case with the cast of Monkey Law and Monkey Order.

0:50 -(AUDIENCE LAUGHING) -(MONKEY SCREECHES) -But...

0:52 -(AUDIENCE APPLAUDING) on TV and in real life

0:56 forensic science plays an important role in criminal convictions.

0:59 Prosecutors often complain about a so called C.S.I.

1:02 effect, where jurors expect to see forensic evidence in every case.

1:06 The problem is, not all forensic science is

1:09 as reliable as we've become accustomed to believe.

1:11 A report in 2009, by the National Academy of Sciences found

1:14 that many forensic scientists do not

1:16 meet the fundamental requirements of science.

1:19 And a report last year by a Presidential Science Council agreed

1:21 saying that, "expert witnesses have often

1:24 overstated the value of their evidence,

1:26 going far beyond what the relevant science

1:28 can justify," and that's the thing here.

1:30 It's not that all forensic science is bad, 'cause it's not, but too often,

1:35 it's reliability is dangerously overstated and one sign of that is that forensic

1:39 experts in court are often nudged to use one very convincing phrase.

1:44 MAN 4: To a reasonable degree of the scientific certainty...

1:46 To a reasonable degree of scientific certainty...

1:48 MAN 5: To a reasonable degree of the scientific certainty...

1:50 Within reasonable scientific certainty...

1:53 To a reasonable degree of scientific certainty...

1:56 MAN 6: Are you able to say

1:57 that within a reasonable degree -of the scientific certainty?

2:00 -Yes.

2:01 And here's the thing that phrase does have a persuasive ring to it.

2:04 Unfortunately, as that Presidential Council pointed out,

2:07 it has no generally accepted meaning in science.

2:10 It's one of those terms like,

2:12 basic or trill that has no commonly understood definition.

2:16 -(AUDIENCE LAUGHING) -Am I trill?

2:17 Is that good or bad?

2:18 I mean I do feel trill, so I'm guessing it's awful.

2:21 -(AUDIENCE LAUGHING) -And— when bad science is confidently presented,

2:26 terrible convictions can happen.

2:28 In fact, among the hundreds of people who

2:30 have been exonerated by DNA testing since 1989, in nearly half of their cases,

2:35 there was some misapplication of forensic science

2:37 and there are people behind those numbers.

2:39 Take Santae Tribble, who was convicted of murder and served 26 years.

2:43 In large part, thanks to an FBI analyst who

2:46 testified that his hair matched hairs found at the scene.

2:48 And as he will tell you, the evidence was presented, as being rock solid.

2:53 They said they matched my hair in all microscopical characteristics.

2:58 And that's the way they presented it to the jury

3:01 and the jury took it for granted that, that was my hair.

3:05 But you know, I can see, why they did.

3:07 Because who other than an FBI expert would possibly know that much about hair?

3:12 Except of course, whoever stalled Amanda Seyfried at the 2009 Oscars.

3:17 Breath taking waves, without loosing any of their body or bounce.

3:21 -Stunning.

3:21 -(AUDIENCE LAUGHING) -Stunning!

3:24 -(AUDIENCE APPLAUDING) -Stunning.

3:26 -(AUDIENCE APPLAUDING) -Stunning.

3:27 -(AUDIENCE APPLAUDING) Stunning!

3:29 Stunning!

3:29 Stunning!

3:30 Stunning!

3:30 Stunning!

3:30 Stunning!

3:31 (AUDIENCE LAUGHING) The jurors in Tribble's case,

3:34 were actually told there was one chance in ten million

3:37 that it could be someone else's hair, and guess what?

3:40 He was exonerated.

3:41 Because once DNA analysis became available,

3:43 his lawyer tested the thirteen hairs from the case and not only

3:47 were none of them his, some of what they found was incredible.

3:50 SANDRA LEVICK: Nine of the hairs had come from the same source,

3:53 a couple had come from different sources and one was a dog.

3:56 INTERVIEWER: Two different FBI agents who had, eh,

3:58 looked at that and analyzed it, didn't recognize that it was -dog hair?

4:01 -It was a K9.

4:03 It was a domestic dog, yes.

4:05 My personal conclusion was, -the dog committed the crime.

4:10 -(AUDIENCE LAUGHING) Okay.

4:13 So, first, it is amazing that he is able to laugh at that, but second,

4:17 if a dog did commit the crime there's

4:19 really no recourse there because there is actually no

4:22 law against dogs committing murder and that's a fact

4:25 that learned in Air Bud 9, Fuck the Paw-lice!

4:27 -(AUDIENCE LAUGHING) -And— it turns out, Tribble is not the only case where

4:33 FBI experts overstated their confidence in their results.

4:36 NEWSCASTER: The Innocence Project and the National Association

4:39 of Criminal Defense lawyers found from the 1970's through 1999,

4:43 in 268 cases where FBI hair analysis led to a conviction,

4:48 257 or 96 percent of them had errors in analysis.

4:54 -AUDIENCE: Wow.

4:54 -Oh, it gets worse because nine of those defendants had already been executed,

4:59 -(AUDIENCE SWOONING) -which is horrifying.

5:01 And you would expect FBI hair analysis to have a high rate

5:06 of accuracy than your friend's hair analysis of you can totally pull off bangs,

5:10 -because you can't, -(AUDIENCE LAUGHING) you absolutely can't,

5:13 believe me I couldn't, just learn— -learn from our mistakes kids.

5:17 -(AUDIENCE APPLAUDING) Save yourselves!

5:20 -(AUDIENCE APPLAUDING) -It's too late for me.

5:21 -(AUDIENCE APPLAUDING) -And look, it's by no means,

5:24 just microscopic hair comparison which has

5:26 had the reliability of these results overstated.

5:28 Those reports that I showed earlier suggests there is weak

5:31 scientific support for some aspects of techniques like a blood pattern,

5:34 footwear, firearm and bite mark analysis.

5:37 And you must be familiar with that last one from cool scenes like

5:41 this: A little 3D magic for clarity and I give you the killer's incisors.

5:47 (COMPUTER BEEPING) Oh, Yo!

5:55 The computer rated it "Yellow rectangle." And we all know yellow rectangle

5:59 is the highest level of match a computer can give you about teeth.

6:02 (AUDIENCE LAUGHING) Look, in the real world,

6:05 bite mark analysis is highly subjective and unreliable.

6:08 The President's Council found the entire discipline,

6:10 does not meet the scientific standards for foundational validity.

6:14 Which I believe, is science speak for "Bullshit!" But people have been sent

6:19 to prison on the basis of bite mark testimony by experts like, Dr.

6:23 Michael West.

6:24 The science of bite marks analysis, is very accurate.

6:27 NARRATOR 1: When it comes to bite marks,

6:29 West consider himself "The maestro." He's found bite

6:32 marks on a decomposed body submerged in a swamp,

6:35 on a corpse that had been buried for more than a year.

6:38 He's even used a bite mark taken out of a bologna sandwich to get a conviction.

6:43 Now, that sounds impressive matching a killer's teeth

6:46 to a bite mark in a bologna sandwich,

6:47 although, you should know that the defendant in that case,

6:50 got a new trial after an autopsy report found that the murder victim had

6:53 actually eaten a small amount of bologna

6:55 consistent with the amounts bitten off the sandwich.

6:58 -(AUDIENCE LAUGHING) -So, that sandwich, was irrelevant to the case.

7:01 In fact, you could even argue that it was actually Dr.

7:04 West, who was full of, say it with me, -shit.

7:07 -(AUDIENCE LAUGHING) And— that is not the only

7:10 issue that has arisen from his testimony.

7:12 There are now five cases where he testified for the prosecution and where

7:16 the charges were dropped or the conviction was later over turned and even

7:19 West himself has admitted that he no longer believes in bite mark analysis

7:24 for identifying perpetrators and he doesn't think it should be used in court.

7:27 And yet, incredibly, every time a defendant has challenged its

7:31 validity the court has ruled it admissible.

7:34 And a key reason for that is that judges often rely

7:37 on precedent to decide what to allow in front of a jury.

7:40 So, if a particular discipline has been in court before

7:43 it is likely that a judge will admit it again.

7:45 All of which means that as the co-founder of the Innocence Project points out,

7:49 decisions about the validity of science are being made

7:52 by people who don't necessarily know much about it.

7:55 Historically, we had a situation where,

7:58 two scientifically illiterate lawyers argued the bonafides

8:02 of scientific evidence before a scientifically illiterate judge,

8:06 so the 12 scientifically illiterate jurors

8:09 could decide the weight of that evidence.

8:11 And if you think about it, that's absolutely terrifying.

8:14 Trials can often be a situation when no one really knows what they are doing.

8:19 It's like a cooking competition for toddlers,

8:21 hosted by a stray cat and judged by goats.

8:24 -(AUDIENCE LAUGHING) -Oh.

8:25 The tuna was under cooked and covered in cold spaghetti sauce.

8:28 You then for some reason cover the whole dish in honey nut cheerios.

8:32 -I loved it.

8:33 -(AUDIENCE LAUGHING) And look, none of this is to say,

8:36 that there is not reliable forensic science out there.

8:39 Finger prints and DNA are obvious examples

8:41 but while we think of them as perfect,

8:43 it is important to know they are by no means infallible.

8:47 The FBI has found fingerprint analysis could have a false

8:50 positive rate as high as one error in 306 cases.

8:53 And a dramatic example of this came after the Madrid's train

8:57 bombings in 2004 when the FBI arrested this Oregon man, Brandon Mayfield.

9:02 He had never even been to Spain in his life.

9:05 But, three separate examiners,

9:07 matched his finger prints to one on a bag of detonators.

9:10 So, he was at that point, completely fucked!

9:14 Until, investigators happen to determine that, that fingerprint

9:17 actually also matched someone else who

9:20 was in Spain at the time and that blew the minds of finger print experts.

9:24 MARK ACREE: We always assume that finger prints are very very unique,

9:28 but what the Mayfield case demonstrates,

9:31 is that parts of a fingerprint can be so similar,

9:35 it's possible for two people to be identified to one print.

9:41 That's true.

9:42 It turns out that two people can have finger prints

9:44 that are so close that even experts can't tell them apart.

9:47 Meaning that we are now this close to finally proving my theory.

9:51 There is only one Olsen twin.

9:53 She's just moving very fast -back and forth.

9:56 -(AUDIENCE APPLAUDING) She confuses your eye.

9:58 Now, I don't know how this new information helps me,

10:00 yet, but when it does, the end is— No!

10:03 You frauds!

10:04 You frauds!

10:04 (AUDIENCE APPLAUDING) And then— there is DNA,

10:10 which is the gold standard in forensic science for a reason because

10:13 in perfect conditions it's seen as the most reliable form of evidence,

10:17 but not all DNA tests are equal and crime

10:20 scenes can produce DNA of widely varying quality.

10:23 NARRATOR 2: DNA is very fragile and easily mixed up at a messy scene.

10:28 BRAD HART: So, imagine you come across a crime scene.

10:30 You may have a pool of blood but it may not just be one person's blood, right?

10:33 The more contributors to that— mixture of DNA the more difficult it is,

10:38 to determine, whose DNA it was.

10:39 Whose blood it was.

10:41 Exactly, it can be difficult to tell whose blood is whose,

10:43 in a large pool of blood, which is coincidentally,

10:46 the premise of my new game show.

10:48 So, you think you can tell whose blood is whose in a large pool of blood?

10:51 It premieres on Tuesday night and apparently, -it's already been cancelled.

10:55 -(AUDIENCE LAUGHING) But the problem here is,

10:58 lower quality DNA samples are sometimes presented

11:01 to juries as if they are highly reliable.

11:04 In 2003, a prosecutor in a double murder told the jury that the odds,

11:08 the defendant's DNA match the glove found at the scene by chance,

11:11 was one in 1.1 billion.

11:13 So, that's pretty strikingly impressive,

11:15 but it turned out the glove actually contained at least three people's

11:19 DNA and a later analysis put the odds closer, to one in two.

11:24 And you know what?

11:25 That's close enough isn't it?

11:26 People do confuse the numbers 1.1 billion and two all the time.

11:31 That's why I'm always mistakenly saying that my favorite

11:34 R&B group is Boyz 1.1 Billion Men.

11:36 (AUDIENCE LAUGHING) And on top of all of this there

11:39 is one more fact that can be impossible to detect.

11:42 And it concerns the relationship between law

11:44 enforcement and the forensic labs themselves because you

11:47 would hope that those labs would work

11:49 independently taking in evidence and spitting out results.

11:53 But many labs work closely with law enforcement knowing details of the case

11:58 that they are working on which can prejudice their work even subconsciously.

12:02 Sometimes it's not intentional fraud but rather,

12:06 something, um, much more, uh, inadvertent.

12:09 Uh, which is the kind of bias that can come

12:12 from feeling like you're part of a side part of a team,

12:15 that you— you're part of— you're attached to the prosecution and you wanna get,

12:19 uh, get the bad guy.

12:21 Yeah, but that's not their job!

12:24 At all!

12:24 They are supposed to be neutral.

12:26 If a referee, started participating in a team's end zone celebration,

12:30 you'd have some serious fucking questions, like, why have you picked a side?

12:35 And, how long you've been practicing the dirty bird?

12:37 (AUDIENCE LAUGHING) So,

12:39 clearly here a lot needs to be fixed and some states have stepped up.

12:43 One has done a lot.

12:45 Including passing a first of its kind Junk Science law.

12:48 Which enables convicts to request a new trial,

12:51 if the sides used to convict them was flawed,

12:53 and that sounds great and the pioneering state

12:56 that did that by the way, -was Texas.

12:58 -(AUDIENCE LAUGHING) Yes, I know!

13:01 -Texas!

13:02 -(AUDIENCE LAUGHING) You don't expect Texas to lead

13:04 the nation in science-related criminal justice reform.

13:08 You expect them to lead the nation in remembering

13:10 the Alamo or naming their children "Football." (AUDIENCE

13:14 LAUGHING) "I love you Football but if you ever

13:16 forget the Alamo -we are done." -(AUDIENCE LAUGHING) Now,

13:19 sadly, at the federal level progress has been slow.

13:22 Although, one group,

13:23 the National Commission on Forensic Science has tried to fix that.

13:26 They were founded to advise the DOJ on how to address many of the problems,

13:31 that you've seen tonight.

13:32 And their most recent meeting, featured powerful remarks from Keith Harward,

13:36 who spent 33 years in prison for a crime

13:39 that he did not commit based on faulty bite mark evidence.

13:42 Some would say, "Well you're a free man," well...

13:45 I will never be free of this.

13:49 There's no possibility— Excuse me if I get emotional.

13:53 That...

13:55 I spent more than half my life in prison...

13:59 behind the opinions...

14:03 and the expert egos...

14:07 of two Odontologist.

14:09 There's a death penalty case in Pennsylvania that's going on now

14:13 and the judge is going to allow bite mark evidence.

14:17 How many people have to be wrongly convicted

14:19 before they realize that this stuff's all bogus?

14:24 It's all— made up.

14:26 That's a good question and it's also the kind of speech

14:29 that could really inspire that commission to do a lot of good work.

14:33 Unfortunately, that was actually their final

14:35 meeting because the commission was shut

14:37 down in April by Attorney General and xenophobic boss baby, Jeff Sessions.

14:41 And know what?

14:42 That shouldn't really surprise you anyways.

14:44 Sessions is a former prosecutor and he does seem like the kind

14:47 of guy who watched Dead Man Walking and was like, hurry up!

14:50 Let's kill the guy already!

14:52 This movie should be called, "Dead Man Dilly Dallying".

14:54 Let's go people, let's go!

14:57 So, we may honestly be actively going

14:59 backwards on this issue, which is dangerous,

15:01 because not only are innocent people getting convicted,

15:04 guilty criminals are being left on the streets as a result.

15:07 And if this administration does not see

15:09 this as a problem then we should at the very least,

15:12 do more to educate potential jurors about some of the short comings

15:15 in our system and one small way to do that, might be this: NARRATOR 3:

15:22 In this city, -when the heat rises...

15:24 -(SIREN WAILING) so does the murder rate.

15:29 (ROCK& ROLL MUSIC PLAYING)♪ Alright everybody,

15:34 let's get this stuff back to the lab.

15:36 Hey chief, no need.

15:37 Look what I found, bite mark.

15:40 Bologna sandwich.

15:43 Now, that's what I call...

15:46 -"Dead meat." -(AUDIENCE LAUGHING) Whoa!

15:51 The fuck is wrong with you?

15:53 Dead meat?

15:53 This is a murder.

15:55 -That's a human person.

15:56 -That is his wife over there.

15:58 -You're a fucking asshole.

16:00 -(WIFE SOBBING) NARRATOR 3: He's a crime solver,

16:03 who doesn't like to play by the rules.

16:05 I'm getting something on these bite marks here, but it's far from conclusive.

16:09 Would you say there's a reasonable degree of scientific certainty?

16:13 No.

16:14 -That's meaningless.

16:16 -Right.

16:17 NARRATOR 3: And that's a problem for absolutely everyone around him.

16:21 Chief, the hair matches the victim's wife.

16:24 Case closed.

16:26 Slow down.

16:27 Microscopic hair comparison is bullshit science.

16:30 Chief, I ran a mitochondrial DNA test on those hairs.

16:33 The wife did it right?

16:35 Case closed.

16:36 Actually, there were five hairs.

16:37 -Three were from...

16:39 a coconut.

16:39 -And two were from...

16:41 the wife.

16:42 One was from a Cabbage Patch Kid and the remaining one was from— -The wife.

16:47 -This Golden Retriever.

16:49 There's our killer right there, Chief.

16:51 -(AUDIENCE LAUGHING) -The victim was shot.

16:54 -How can a dog fire a gun?

16:55 -(AUDIENCE LAUGHING) -That's a bad dog right there.

16:59 -(AUDIENCE LAUGHING) And he's about to face some...

17:04 "Woof" justice.

17:07 We're in doors.

17:08 Fuck you.

17:10 NARRATOR 3: And he won't stop asking the hard questions.

17:13 How 'bout a certainly reasonable science degree to— No.

17:20 Yeah, okay.

17:22 NARRATOR 3: Because he's passionate about his job.

17:25 Despite not fully understanding what that job is.

17:28 If we don't have something solid by tomorrow, D.A.

17:30 is gonna have my ass.

17:32 Why would the D.A.

17:33 have your ass?

17:34 We don't work for the D.A.

17:37 -What?

17:37 -We don't work for the D.A.

17:39 -(AUDIENCE LAUGHING) -You do understand that, right?

17:40 Please, tell us you understand that.

17:44 -Well, yeah.

17:45 -(AUDIENCE LAUGHING) I understand that.

17:47 Totally.

17:47 NARRATOR 3: Oh, there's no way he understands that.

17:50 Because this guy, will not quit.

17:54 How about a certainly reasonable— -Stop talking.

17:57 -Okay.

17:58 -Keep up the good work.

18:00 -Okay.

18:00 NARRATOR 3: And even when his team abandons

18:02 him he's not afraid to call for back-up.

18:05 -This better be good.

18:06 -Oh, it is.

18:07 I brought in some extra help.

18:08 Expert witnesses to help lock in this case.

18:11 Take a look.

18:12 We got, the Forensic Dentist, Twin Boy Detectives,

18:16 an old timely prospector with a divining rod,

18:19 sack full of magic eight balls, and the county's foremost crime sniffing pony.

18:23 -(PONY WHEEZING) -(AUDIENCE LAUGHING) None of this is admissible in court.

18:27 Actually, three of them have testified

18:29 in court before and they all got convictions.

18:32 Is that the bologna evidence sandwich?

18:34 Oh my God!

18:36 NARRATOR 3: CSI, Crime Scene Idiot.

18:40 (AUDIENCE APPLAUDING)

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