Instead, Turner contends “[t]he court ordered the State to disclose all intended 404(b) evidence to Turner prior to trial.” Br. Experience has shown that cold case programs can solve a substantial number of violent crime cold cases, including homicides and sexual assaults. I can live with it․”); Tr. In the evening hours of June 1, Turner returned to the area, still driving the burgundy truck, and stopped at Swartz's house. Crime scenes are often riddled with evidence, and other times only a trace of evidence is left behind. at 4081. R. 702(a). Tr. Griffith walked across the street and over to the porch at the abandoned house and told some of the children and teens near the porch that “[h]is friend [Desmond] was about to ‘[h]it a lick,’ “ Tr. “It is well-settled law in Indiana that a defendant may not argue one ground for objection at trial and then raise new grounds on appeal.” Gill v. State, 730 N.E.2d 709, 711 (Ind.2000). Testimony at trial revealed Turner had lived on the 500 block of North Hamilton several years before the shootings, but had begun coming back around the neighborhood in the weeks prior to the shootings. of Appellant at 55. DNA evidence has become an increasingly powerful tool for solving both violent crimes and property crimes, such as homicide, sexual assault, and burglaries. Linking shoes to impressions at crime scene would help prosecution with its case ... but did not take them in as evidence. 3. 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. The investigators obtained a search warrant that authorized them to get the impression in any possible way; a surprise trip was organized to prevent Bundy from grinding his teeth down in an effort to disguise his bite. Most cases involving tool marks where only class characteristics of the tool are present fall in this category. Additional relevant facts are set forth below where necessary. Subject to certain limited and specific exceptions, hearsay is generally not admissible at trial. Left unchallenged, the evidence Turner introduced suggested the two examiners reached different conclusions. Finally, Scott opined that the repeated reexaminations of evidence in this case indicated a problem with the reliability of the ultimate findings. at 3955–58. However, Turner has not explained and offers no argument as to why an analysis of the Indiana constitution concerning the testimonial character of a statement is or should be any different than the federal analysis. at 4111–13. Program outcomes vary according to each institution's specific curriculum and employment opportunities are not guaranteed. However, Putzek's conclusion about the significance of the marks was somewhat stronger at trial than it had been at the pretrial hearing. 7. Daubert, 509 U.S. at 593–94; Kubsch v. State, 784 N.E.2d 905, 921 (Ind.2003). We disagree. R. 801(c). R. 801(c); Coleman v. State, 946 N.E.2d 1160, 1168 (Ind.2011). at 767. That man had something red around his face, and Turner had a dark colored mask around his face. In viewing the effect of the evidentiary ruling on a defendant's substantial rights, we look to the probable impact on the fact finder. At least one witness identified Turner as one of the men. Police and detectives are bogged down with so many crimes on a daily basis, it’s impossible to solve every case. The uncertainty of Putzek's opinion, as well as the lack of formal testing and his inability to pinpoint other research, all inform the fact finder's judgment on weighing this evidence, but does not render the evidence inadmissible. at 2505. at 4077 (“However, I cannot conclusively say that ․ those tool marks are the result of chambering. Tr. Crawford v. Washington, 541 U.S. 36, 59 (2004). See Tr. Turner asked Couch where he had obtained his “chopper”1 but Couch replied that the gun was only an air rifle that he used to kill rodents and that he would not know where to find a “chopper.” Tr. 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. 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. This study sought to establish how often CCTV provides useful evidence and how this is affected by circumstances, analysing 251,195 crimes recorded by British Transport Police that occurred on the British railway network between 2011 and … See Tr. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. at 920. Class characteristics are “distinctive features that are shared by many items of the same type” such as the number of grooves cut into the barrel of a particular type of gun. Putzek did not notice any previously unrecorded tool marks on Item 56 either during the comparison with Item 178 or during the scribing process. Although the use of forensic science in solving crimes may seem very new, early forensics have been used for solving some ghastly murders in the past. at 2114 (“It's a court trial. Tire track impressions are classified as pattern evidence because the tire track impressions leave behind a unique pattern. Actually another witness, Erica Gwinn, who was 18 years old at the time of trial initially testified that she saw Turner driving his truck “going up the alley beside the house,” Tr. To detect latent footwear impression, a crime scene specialist uses artificial light sources. Forensic examiners apply this concept to firearms. 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). 702; Ind. See also Carter, 766 N.E.2d at 381 (describing bite mark identification as “ ‘simply a matter of comparison of items of physical evidence to determine if they are reciprocal’ ”) (quoting Niehaus v. State, 359 N.E.2d 513, 516 (Ind.1977)); McGrew, 682 N.E.2d at 1292 (citing with approval the trial court's evaluation of hair comparison analysis as “not the traditional scientific evaluation” but rather “simply a person's observations under a microscope”). CRIMINAL CASES. Ridgway pleaded guilty to 48 murders — later confessing to even more, which remain unconfirmed — in exchange for being spared the death penalty. K–M, Exhibit Volume I at 97–103. One of its main applications is in the identification of corpses and human remains, especially in mass disasters where other forms of identification may not be available because the bodies have been burned or otherwise destroyed. However, I cannot conclusively say that ․ those tool marks are the result of chambering. Also, Putzek could not recall specifics of the study he claimed to have read supporting his finding. Computer Forensic Experts. Turner contends the trial court erred in admitting evidence of his alleged other crimes, wrongs or acts contrary to Indiana Evidence Rule 404(b). A unique twist was the innovative use of comparing the DNA results from crime-scene evidence to publicly ... the first use of DNA evidence in a California criminal trial helped ... number of cases. At trial, Putzek reiterated much of his pretrial testimony as to the analysis of firearms evidence. Police entered the house through the front door. The email address cannot be subscribed. Turner also questioned Putzek regarding the reliability of the examination process in this case, making special note of the fact that the tool mark that connected Item 56 to the crime scene was not observed until the third time the evidence was examined. Turner's challenge based on the incredible dubiosity rule fails to meet this threshold requirement. Pursuant to Indiana Appellate Rule 4(A)(1)(a) this Court has mandatory and exclusive jurisdiction over this appeal. Tr. Carter, 766 N.E.2d at 381 (recognizing that embracing the rationale of Kumho Tire would require “replac[ing] the language of our Evidence Rule 702 with the different language of its federal counterpart”). In advancing his claim Turner assails the credibility of Brandon Griffith, who testified among other things, that on the day of the shootings Turner talked about getting a “chopper”, Tr. Ch. See Tr. Contemporaneous with this opinion, today we enter an order denying Stewart's petition to transfer. C, Exhibit Volume I at 45. Tr. The State provided the trial court with a spreadsheet of firearms evidence referencing each item of evidence by both Item and Exhibit number. Cooley v. State, 682 N.E.2d 1277, 1282 (Ind.1997). Science. Through Putzek, the State introduced evidence that a tool mark 3 on an unfired 7.62x39 mm cartridge found in Michelle Clifton's house matched tool marks found on four 7.62x39 mm discharged cartridge casings found at the crime scene and that the marks were made by the “same tool” of “unknown origin.” Tr. Turner first posits that Putzek's conclusion in this case is flawed because there is no record of accomplishment within the tool mark examination field of applying its principles to make an “identification” based solely on chambering tool marks on a cartridge sidewall where there is no suspect weapon available for comparison purposes. (b) Expert scientific testimony is admissible only if the court is satisfied that the scientific principles upon which the expert testimony rests are reliable.Ind. R. 801(d)(2)(A), or statements that a party authorizes. Nonetheless we address Turner's 404(b) claim on the merits because (1) the State does not challenge whether Turner requested notice, and (2) in any event over the course of several months the State filed eight separate “Notice[s] of Intent to Use Other Crimes Evidence” with respect to the anticipated testimony of several different witnesses. The house had been ransacked; furniture had been turned over, drawers taken out of place, and clothing and other items dumped. at 2774, and identifying Turner, assault rifle in hand, as one of the men entering the house at 560 North Hamilton. Cf. In all other respects the convictions and sentences were affirmed. The Confrontation Clause of the Sixth Amendment to the United States Constitution, which is made applicable to the States by the Fourteenth Amendment, provides in relevant part, “In all criminal prosecutions, the accused shall enjoy the right ․ to be confronted with the witnesses against him.” The United States Supreme Court has determined that a statement violates the Confrontation Clause if, among other things, it is “testimonial” in nature. at 4136–37. I will identify an unknown tool based on impression evidence. at 2781, 2020. at 2362, and the next thing she saw was “Desmond coming up the side of the house .” Tr. After Brundage's retirement, his successor Putzek examined Item 56 in July of 2007. Turner elicited from Putzek that he scribed his initials “right next to” the tool mark he later discovered. And he does so on grounds that his convictions “rest[ ] solely upon incredibly dubious testimony.” Br. at 902; (4) that Putzek's initial limited examination of Item 56 in comparison to Item 178 was troubling from a thoroughness standpoint, see Tr. At the hearing, Putzek presented his extensive qualifications to offer an expert opinion in this area. Tire Notes 4. at 2784–85. 1. Only on redirect examination was the trial court made aware that indeed there was no such disagreement. A crime scene investigator must have a keen eye for detecting a bite mark on a dead body. The state presented the testimony of Michael Putzek, a firearms and tool mark examiner employed by the Indianapolis Marion County Forensic Services Agency (the “Crime Lab”). Tr. The record shows that shortly before the mass shootings in this case Turner expressed an interest in robbing the family at 560 North Hamilton. Many of the wounds were inflicted at close range. at 3431. First, he complains the trial court erred in admitting the testimony of one witness explaining why another witness was not present for trial. Nat'l Research Council, supra, 152. No used tires are alike thanks to amounts of thread wear, and the tire thread pattern are what crime scene investigators are paying attention to when they analyze this particular evidence. in retail stores, just to name a few [1-3]. Further, Turner finds fault with the methodology Putzek used to select the first crime scene cartridge to compare to Item 56 because such “sampling plan” is not sanctioned by the AFTE and because it introduced inherent bias toward the result found. And in this appeal Turner makes no claim challenging Putzek's credentials. In his cross-examination of Putzek, Turner elicited testimony that Brundage's written report—which Turner introduced into evidence over the State's objection—was not consistent with Putzek's trial testimony that Putzek had made an “identification” of Item 56. at 741; Br. These cartridges accommodate high velocity caliber bullets used in AK–47 and SKS-type assault rifles. 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. Cross-examination permits the opposing party to expose dissimilarities between the actual evidence and the scientific theory. Footwear insole impressions are imprints of a person's foot left inside a footwear. At trial, the State presented this evidence by its “Exhibit” number as well as by Item number. This goes to the weight, not the admissibility, of the evidence. at 808–09, 822–23, 829. This argument is unavailing. Turner concedes that the cartridges shared certain class characteristics,4 including being of the same brand, caliber, and type. (Its footage has already been entered into evidence in court, as part of a sexual assault case.) The other man, who was a little bit taller, bigger, and more muscular than Turner and not wearing a shirt, was identified as being the same man who had been in Turner's truck parked in front of Swartz's house moments earlier. See Malinski, 794 N.E.2d at 1084. Evidence need not be conclusive to be admissible. Uniqueness by way of defects, skidding pattern, tire patching traces or uneven wear must first be established before the court dismisses the tire track evidence as class evidence. at 847–48. Turner provides no citation to the record in support of this contention, and our own review of the ten-volume Appellant's Appendix and the eighteen-volume Trial Transcript reveals no such order. 702; see Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147 (1999) (extending the Daubert reliability analysis beyond “scientific” testimony to testimony based on “technical” or “other specialized” knowledge). However, where the trial court has erred in the admission of evidence, we will not reverse the conviction if that error was harmless. Another of Turner's long-time friends, Aaron Swartz, testified that in the evening hours of June 1, 2006 Turner asked Swartz for duct tape and when Swartz asked why he needed the tape, Turner replied that he was going to “hit a lick” at “the Mexicans down the street.” Tr. Specifically, Indiana Evidence Rule 801(d)(2) provides in relevant part: “[a] statement is not hearsay if: ․ [t]he statement is offered against a party and is (A) the party's own statement, in either an individual or representative capacity; ․ or (C) a statement by a person authorized by the party to make a statement concerning the subject․”. Law enforcement agencies will submit tools and the items bearing toolmarks to the BCA. Tr. He was arrested and later confessed. at 4088. Brown and Kennedy were both hanged in 1928. Before the discovery and impact of DNA in the early 1980s, the advent of fingerprinting in the early 1800s and even before photographs were used in the late 1800s to capture images of killers on a victim's eyeballs, as was the case during the investigation of the world's first documented serial killer, Jack the Ripper, criminal investigators were using the science of forensics to solve crimes. Just like shoe impressions can help narrow down, the brand, style and size, Tire tracks have the ability to do the same thing. The foundation of the unit was agents Robert Ressler and John Douglas. See id. at 2784–85. A, Exhibit Volume I at 36–38. Among other things she testified that on the morning after the shootings she was awakened in her home by a friend banging on the door and found Turner asleep at the foot of her bed. Julia Hoffbrand says the case was significant "for pushing the boundaries of using ballistic evidence in court - and linking a specific gun to a crime." In some cases, forensic analysts have fabricated results, hidden exculpatory evidence, or reported results when testing had not been conducted. Lafayette v. State, 917 N.E.2d 660, 666 (Ind.2009). Internet Explorer 11 is no longer supported. She was listed as a State's witness. See Br. R. 802. Clifton then testified that Turner's mother told Clifton “Desmond said you don't have to talk to nobody.” Tr. Rather he complains that the objected to testimony was not “relevant to any issue other than to prove Turner's character in order to show action in conformity therewith.” Br. There has been extensive research on the value of closed-circuit television (CCTV) for preventing crime, but little on its value as an investigative tool. Gwinn later modified her testimony to say the person “was built like him.” Tr. 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. Hearsay is an out-of-court statement offered in court to prove the truth of the matter asserted. Chisels, hammers, vise grips and many other tools can create impression toolmarks. Mikayla Munn—2016. Examiners in the Firearms and Toolmarks Section can help solve a crime by linking a toolmark to a particular tool. The term impression evidence in crime scene investigation refers to marks, prints or any form left on a surface such as (soil, cement, wood, or metal) of the crime scene that can be used as evidence. In this appeal Turner argues, “[s]ince there is no relevance to the testimony, it was error for it to be admitted.” Br. Turner's vigorous cross-examination allowed the trial judge to evaluate Putzek's credibility and to accord his testimony whatever weight it deserved. As with admission of other evidence, “the trial court's determination regarding the admissibility of expert testimony under Rule 702 is a matter within its broad discretion, and will be reversed only for abuse of that discretion.” Carter v. State, 766 N.E.2d 377, 380 (Ind.2002). Expert forensic analysts closely examine individual characteristics on a microscopic level to identify criminals and verify document authenticity. Putzek's report stated, “Further tests to determine the origin of this tool mark will be conducted pending the submission of a suspect firearm.” Defendant's Ex. As noted above, Daubert is merely instructive in Indiana, and we do not apply its factors as a litmus test for admitting evidence under Indiana Evidence Rule 702(b). While some cases can be solved by a single piece of evidence, most have a myriad of evidence types to forward and investigation. of Appellant at 41 (citing Tr. Finding the weapon used brings them one step closer to identifying the suspect. 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. 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. As part of a quality assurance review of Brundage's work and because additional evidence had been collected in this case, Putzek, who had succeeded Brundage as supervisor of the firearms section, began examining evidence in the case. Is the Qube the future of video surveillance? at 3469. 3. 361-368 10 "Hot Dog" Q&A 2. High-Profile Cases Cracked with Handwriting Analysis. 1143, 1155 (2011). With respect to Turner, the State sought the death penalty alleging as statutory aggravating circumstances multiple murders concerning the adults, and as to Alberto, Jr., David, and Luis, that the victims were less than twelve years old. See Tr. Turner now appeals, contending the trial court erred in admitting certain evidence and that the evidence is insufficient to support his convictions. 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. Investigate crime scenes for clues, bring the suspects in for questioning and analyze evidence to catch the killers. Arriving in the area a few minutes later, police found a woman—later identified as Reina Banegas—crying and screaming in front of 560 North Hamilton, the home of Emma Valdez and Alberto Covarrubias. Cf. 2. Additionally, we observe that other jurisdictions have analyzed firearms tool mark evidence as something other than “scientific.” See United States v. Willock, 696 F.Supp.2d 536, 571 (D.Md.2010) (“While ․ it may be debatable whether [firearms tool mark identification evidence] is ‘science,’ it clearly is technical or specialized, and therefore within the scope of [Federal Evidence] Rule 702.”); United States v. Glynn, 578 F.Supp.2d 567, 571 (S.D.N.Y.2008) (recognizing Kumho Tire's applicability to firearm identification evidence); United States v. Monteiro, 407 F.Supp.2d 351, 372 (D.Mass.2006) (“Based on the factors outlined in Daubert and Kumho Tire, the Court concludes that the methodology of firearms identification is sufficiently reliable.”); United States v. Green, 405 F.Supp.2d 104, 118 (D.Mass.2005) (observing that firearms identification is “not traditional science” and that Kumho Tire extends the Daubert standard to the case). The essential facts are these. Specifically, Putzek concluded “there's a greater possib [ility] that [the tool marks] could be the result of chambering. Turner questioned Putzek on the discovery of the critical tool mark on Item 56 over two years after the evidence was recovered. All rights reserved. Tr. We find no error on this issue. 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. And neighbors called 911. Shortly before June 1, 2006, Turner visited an old family friend, Harroll Couch. Griffith v. State, 788 N.E.2d 835, 839 (Ind.2003). of Appellant at 31. Zarinsky died in 2008 while serving jail time on two other murder charges. The term impression evidence in crime scene investigation refers to marks, prints or any form left on a surface such as (soil, cement, wood, or metal) of the crime scene that can be used as evidence. Footwear, The Missed Evidence is a handbook designed to address the needs of the crime scene investigator in the areas of collection and recovery of footwear impression evidence. See Tr. See Stewart v. State, 945 N.E.2d 1277 (Ind.Ct.App.2011). of Appellant at 25–26). 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. On the night of the shootings Reina Banegas initially waited inside Flora Albarran's car while Flora double-parked in front of 560 North Hamilton and went to the door. First, the Sexton court rigorously applied the Daubert factors in arriving at its conclusion that the evidence was inadmissible. at 893–94; (2) that an “identification” is less reliable when the subject weapon is not available for comparison, see Tr. Tr. of Appellee at 28. Turner contends this testimony should not have been admitted. See, e.g., Tr. Trained and skilled individuals work for public law enforcement or in the private sector to carry out tasks related to the collection and analysis of digital evidence. Tr. Tr. See Br. Tires squealed. Though we may consider the Daubert factors in determining reliability, see Kubsch, 784 N.E.2d at 921, “there is no specific ‘test’ or set of ‘prongs' which must be considered in order to satisfy Indiana Evidence Rule 702(b).” Carter, 766 N.E.2d at 380 (quoting McGrew, 682 N.E.2d at 1292) (emphasis added). at 764. These types of impression evidence can be used by crime scene investigators to link the suspects to the crime. 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