How can discredited testimony convict Leigh Stubbs and many others in Mississippi?
Prosecutors in the U.S. often decry what is sometimes called the "CSI Effect." Movies and TV crime dramas like the popular "CSI" franchise on CBS can fill jurors' heads with unrealistic expectations about forensic science. But there's also a flip side to the CSI Effect: Because jurors are ready to believe the fantastical feats preformed by the wondrous forensics computers they see on screen, an unscrupulous prosecutor armed with an expert willing to offer otherwise dubious forensics on the witness stand can cause a lot of damage.
Witness Michael West. In the early 1990s, West, a dentist in Hattiesburg, Miss., was one of country's most prolific forensic odontologists, or bite mark specialists. West claimed to have perfected a new method of identifying bite marks on human skin, saying he could then match them to the teeth of a criminal suspect. Conveniently, West often testified that only he could perform this new analysis, which he called the "West Phenomenon."
Over the years, West broadened his areas of claimed expertise, testifying in at least 10 states as a wound pattern expert, a trace metals expert, a gun shot residue expert, a gunshot reconstruction expert, a crime scene investigator, a blood spatter expert, a "tool mark" expert, a fingernail scratch expert and an expert in "liquid splash patterns." He also got himself elected coroner of Forrest County, Miss. Though West was discredited in a number of national media reports beginning in the mid-1990s, he continued to testify in Mississippi courtrooms until just a few years ago.
Mississippi prosecutors no longer use West as a witness, but state Attorney General Jim Hood continues to defend convictions won because of his testimony. And Mississippi's appeals courts continue to uphold them. There are still dozens of people still in prison thanks either to West's testimony or his forensics reports, and Mississippi officials don't seem particularly concerned about them. One of those people is Leigh Stubbs, now 10 years into a 44-year prison sentence.
From there, the case against Leigh Stubbs only grew more bizarre. On the night of the alleged attack, the Comfort Inn had a security camera camera trained on its parking lot. Lampton sent the grainy VHS tape, which was taken after nightfall, to the FBI for analysis. The agency's report found nothing incriminating in the footage. It repeatedly points out that the quality of the recording is insufficient to tell for certain how many people are depicted in the video, much less determine their identities or what sort of clothing they're wearing. The report also makes no mention of anyone moving a "body."
Though he was obligated by law to do so, Lampton never turned that FBI report over to Stubbs' defense attorney. But he sent the video to Michael West, who, now donning his "video enhancement expert" cap, claimed he was able to enhance the video and capture still photos from those enhancements incriminating Stubbs and Vance for Williams' injuries.
The ability to "enhance" security camera footage beyond its resolution is a Hollywood-perpetuated myth so common that mocking it has become a running pop culture meme. Yet West testified in court that he could do exactly that. West and Lampton both knew that the FBI itself was unable to glean anything useful from the video, according to this correspondence, in which West references the FBI's examination of the tape. They kept that correspondence from the defense and the jury.
The Mississippi Innocence Project is representing Stubbs in her post-conviction petition. "The use of Michael West as an expert at any point in time was inexcusable," the organization's director, Tucker Carrington, says. "There was never any basis for his work to be considered valid as a forensic science. But using him in this case in 2001, after his work had been discredited, and after the FBI's experts had reported that they could not see anything in that videotape, that's really a new low."
Link:
http://www.huffingtonpost.com/2011/08/09/leigh-stubbs-michael-west-forensics-discredited-testimony_n_922219.html?page=1