Since then,the centre has advised on over 30 criminal investigations and run national/international workshops. This was the same truck many of the witnesses identified as being driven by Turner and parked in front of Swartz's house only moments earlier. The Indiana rule further requires that “expert scientific testimony is admissible only if the court is satisfied that the scientific principles upon which the expert testimony rests are reliable.” Ind. at 4072, 4076–77. at 3469. 1143, 1155 (2011). See Tr. 3. And testimony that Turner contemplated robbing “Smoke” just a couple of hours before the shootings—which included a robbery—tends to show that Turner's motive was to obtain someone else's property that day. Her head was wrapped in a black plastic bag, held in place with a leather dog collar; zip ties were also holding her wrists together. at 4137. When the “primary purpose” of a statement is “not to create a record for trial ․ [t]he admissibility of [the] statement is the concern of state and federal rules of evidence, not the Confrontation Clause .” Bryant, 131 S.Ct. See, e.g., United States v. Docampo, 573 F.3d 1091, 1097 (11th Cir.2009) (holding testimony was inadmissible hearsay where the prosecution failed to lay a foundation that the defendant had authorized the statement). At the beginning of Putzek's trial testimony, Turner lodged a continuing objection to Putzek's opinion that the tool marks on Items 56, 6, 19, 34, and 40 “could only be from one source, one tool, one firearm.” Tr. One of them was carrying what appeared to be a pillowcase with items inside. He also notes that during the second examination, Putzek scribed his initials beside the tool mark which did not become apparent until the third examination. By. At the request of prosecutors, Putzek then compared Item 56 to all the discharged cartridge casings from the scene, and made an “identification” of the tool mark on Item 56 to marks on three additional discharged casings—Items 19, 34, and 40. of Appellant at 27. See Tr. Lafayette v. State, 917 N.E.2d 660, 666 (Ind.2009). Though noting that federal jurisprudence on the issue is not binding on Indiana courts, the trial court applied the Supreme Court's factors from Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), in making its determination. Ressler and Douglas wanted to bring in elements of psychology to help develop a profile of unidentified spree or serial killers, which they called Unknown Subjects, or UNSUBs. Tr. Scott offered several opinions regarding the methodology employed by the firearms examiners in this case, including: (1) that magazine marks are not a reliable basis for establishing an “identification”, see Tr. See Tr. 12. Trace evidence helps solve crimes by linking people, places, and things involved in a … Id. of Appellant at 29. Impression evidence is an important and sometimes overlooked aspect of the criminal investigation process. A Supreme Court jury has today found a man guilty of murdering his brother-in-law in a case where the key piece of evidence was a pair of size 7 Prada men's shoes. 8. Putzek opined this tool mark was “of unknown origin” though he suspected the mark could be related to the magazine through which the cartridges were chambered in a weapon. Br. High-Profile Cases Cracked with Handwriting Analysis. A crime scene investigator must know how to detect and analyze the impressions to link them to a culprit. See Monegan v. State, 721 N.E.2d 243, 248 (Ind .1999). Tr. The other main thread running through Turner's argument is that flaws and inconsistencies in the examination process render the results of the process unreliable. at 1155.8 We thus turn to Turner's contention that the statement violated Indiana's rule against hearsay. While Turner was inside Swartz's house a black male—later identified as James Stewart—who was shirtless and had a stocky muscular build, exited the truck, inquired of Turner's whereabouts, and said that Turner needed to hurry up. Read to know more. at 912–13; and (6) that “this little two millimeter mark on the shoulder of [the] case” was not sufficient to allow a conclusion of identification. Indeed Turner acknowledges as much declaring, “In an effort to explain why Banegas was not called as a witness, the State presented the testimony of Detective Leslie VanBuskirk.” Br. The job of the forensic experts is to “help identify criminals and analyze evidence against them,” says Hall Dillon in a career outlook post for the U.S. Bureau of Labor Statistics.. In the afternoon of June 1, 2006 several of the neighborhood children and teenagers were playing football in front of an abandoned house at 555 North Hamilton when Turner drove up in a red or burgundy pick-up truck and spoke to Brandon Griffith, one of the teenagers. This motive was further highlighted with testimony that also shortly before the shootings Turner wanted to “grab one of the kids” living at 560 North Hamilton in order to “get some money” from one of the adults living there. C, Exhibit Volume I at 45. He then chose the most suitable discharged crime scene cartridge casing with a similar tool mark (Item 6), and compared it to Item 56. It was during this examination that Putzek noticed a previously undocumented tool mark on the casing sidewall of Item 56. There was no sign whatsoever that the limbs had been separated with the use of any tool. A tool mark results “when a hard object (tool) comes into contact with a relatively softer object.” Nat'l Research Council, Strengthening Forensic Science in the United States: A Path Forward 150 (2009). A person Griffith knew by the nickname “Smoke” rode up on a scooter. Tr. Turner also complains that although during a pretrial hearing the trial court ruled in favor of admitting this testimony on grounds of “motive” as well as well as “identity,” see Br. Chisels, hammers, vise grips and many other tools can create impression toolmarks. Second, Turner contends the trial court erred in allowing testimony that Turner's mother relayed a message from Turner to a female friend of Turner's. The trial court imposed a sentence of life imprisonment without parole for the murder convictions, ten years each on the criminal confinement convictions, eight years on the robbery conviction, and ten years on the burglary conviction. It is the scientific analysis of bullets and bullet impacts to arrive at logical inferences about the incident. of Appellant at 53. The State provided the trial court with a spreadsheet of firearms evidence referencing each item of evidence by both Item and Exhibit number. And on September 15, 2009, Turner waived his right to a trial by jury in exchange for the State dismissing its death penalty request. Zarinsky died in 2008 while serving jail time on two other murder charges. While present on the sidewalk in front of Swartz's house Griffith and Turner had a conversation that included, among other things, comments concerning the children at 560 North Hamilton. The two men knocked on the door and when it opened forced their way into the house. In crime scene evidence collection, there are three general types of shoe impressions: If a shoe impression does not bear any unique mark or pattern, it is considered only as class evidence (evidence that cannot pinpoint a specific person). This is a subjective determination, and all identifications are verified by a second examiner. See Appellant's App. Also, Putzek could not recall specifics of the study he claimed to have read supporting his finding. The prosecutor’s case relied heavily on a single piece of alleged physical evidence that they said linked Kunco to the violent crime scene: a supposed bite mark that was assessed five months after the crime occurred. at 2784–85. at 828. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Posted June 30, 2015 by sdrexler-admin & filed under handwriting analysis.. Whedon v. State, 765 N.E.2d 1276, 1277 (Ind.2002). Having thus opened the door during cross-examination of a supposed disagreement, Turner is in no position to complain of contrary evidence elicited by the State on redirect examination. Co. v. Joiner, 522 U.S. 136, 139 (1997). at 3431. The smell of gun smoke was still in the air. Contact each specific school to confirm program details. In assessing the admissibility of 404(b) evidence, the trial court must “(1) determine that the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defendant's propensity to commit the charged act and (2) balance the probative value of the evidence against its prejudicial effect pursuant to Rule 403.” Wilson v. State, 765 N.E.2d 1265, 1270 (Ind.2002) (internal quotation marks and citation omitted). Nothing in the record before us demonstrates that Putzek's response or the predicate upon which it was based had as its primary purpose “creating an out-of-court substitute” for Brundage's trial testimony. Tire Lab (Part A) 3. Program outcomes vary according to each institution's specific curriculum and employment opportunities are not guaranteed. Twenty-five year old Desmond Turner was charged in a multi-count information with murder, felony murder, criminal confinement, robbery, and burglary. This goes to the weight, not the admissibility, of the evidence. Id. See Tr. Among Brundage's conclusions was that Item 565 —the live unfired cartridge found in Michelle Clifton's house—exhibited a “TM [tool mark] on case and base, but does not appear to have been chambered in a gun.” Defendant's Ex. All sentences were ordered to be served consecutively, resulting in an aggregate sentence of life in prison plus eighty-eight years.2 Turner seeks review. Indiana's Rule 702 is not intended “to interpose an unnecessarily burdensome procedure or methodology for trial courts.” Sears Roebuck & Co. v. Manuilov, 742 N.E.2d 453, 460 (Ind.2001). 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