Junk Science?

Great news from Texas has brought out a bunch of people with conflicting agendas. The great news? The George Powell case has moved to retrial after the Texas Court of Criminal Appeals vacated the conviction and ordered a new trial.

Whilst the media buzzes about the evidence used in the original trial, and throws "junk science" in the same sentence as "forensic video analysis," most in the media commit journalistic misconduct in their reporting of the case and the circumstances around the re-trial.

Take this article (link) for instance, "George Powell has maintained his innocence the entire time he's been behind bars. Now, he will have a chance to prove it."

WRONG.

In vacating the conviction, George Powell's status has returned to Innocent as the "proof" of his guilt has been vacated or struck down. Powell, under US law, is innocent until proven guilty in a court of law. As a presumed innocent man, he should be afforded the opportunity to make bail and to prepare for his defense.

When the trial begins, it's for the prosecution to offer the evidence that links Powell to the crime, if such evidence exists. It perverts the course of justice to require Powell to prove his innocence. Why? Not only is it the way our system works, innocent until proven guilty, but it's impossible to prove a negative.

Thus, when the trial begins, it's not "forensic science" that will be on trial. It's not "forensic video analysis" that will be on trial. What will be on trial is the evidence, offered up as proof of some condition. Then, it's up to the Trier of Fact to evaluate that evidence.

Forensic science and forensic video analysis are scientific, when performed scientifically by educated, trained, and proficient practitioners utilizing valid tools and an appropriate and valid methodology.

As regards Photogrammetry specifically, a measurement shouldn't be used to "identify" an object or a subject. Rare is the case that there is nominal resolution in the evidence item sufficient to measure with an output range that is so very precise. If the measurement's range of values in this case, properly employed, is between 5'6" and 5'10", as an example, then more than 65% of the population of the area will fit within that range. It's hardly an identifying characteristic. It does, however, help prioritize tips as well as to help exclude from the enquiry those subjects more than a standard deviation away from that range. This is why it's important to engage in valid methods when performing an analysis.