Ted Yeshion, Ph.D. Science Subcommittee Chair Professor of Forensic Science Edinboro University of Pennsylvania

Ted Yeshion, Ph.D. Science Subcommittee Chair Professor of Forensic Science Edinboro University of Pennsylvania

Responsible for approximately 50% of wrongful convictions that were eventually overturned by DNA testing (Innocence Project) Lack of rigorous scientific evaluation Tests are improperly conducted Results are inaccurately conveyed in a report or during trial testimony Analysts have fabricated results or engaged in other misconduct

One Chief Deputy Attorney General One Magisterial District Judge (former Police Chief) Two District Attorneys Two Defense Attorneys One Litigation Attorney One Police Chief One Retired FBI Agent One PA Sheriff s Association Executive Director One Pastor One Women s Resources Executive Director One Private Laboratory Director One University Forensic Science Professor

Accreditation Creation of a Forensic Advisory Board Training Preservation of Biological Evidence

CERTIFICATION AND ACCREDITATION SHOULD BE MANDATORY EVIDENCE BASE OFTEN SPARSE, VARIES AMONG DISCIPLINES COURT TESTIMONY SHOULD BE GROUNDED IN SCIENCE, ACKNOWLEDGE UNCERTAINTIES, and DEFINE TERMS STRONG, INDEPENDENT LEADERSHIP NEEDED National Forensic Science Institute

All public forensic labs must: be accredited have a proficiency testing program have a technical peer review system Best Practices

Review and make recommendations as how to best configure, fund, and improve the delivery of state and local crime laboratory services. Assist in independent investigations where allegations of serious negligence or misconduct may have been committed by employees of the forensic laboratory. Coordinate training programs for law enforcement officials, attorneys, judges, coroners, forensic scientists, and others in need of training.

Satisfies requirement of oversight for labs applying for Coverdell grants. Serves as a way to achieve independent oversight for police laboratories.

To improve the quality and timeliness of forensic science or medical examiner services. To eliminate a backlog in the analysis of forensic science evidence. To train, assist, and employ forensic laboratory personnel as needed to eliminate backlogs.

Biological evidence from major crimes shall be preserved under reasonable conditions designed to preserve the integrity of the evidence. Testing processes must be consistent with standards promulgated by a nationally recognized accrediting board and approved by the Forensic Advisory Board.

The prosecuting jurisdiction or its designee shall preserve biological evidence that was secured in the investigation or prosecution of a criminal felony if: criminal proceedings are pending or a defendant is under a sentence of imprisonment for that offense. (Consistent with 34+ U.S. jurisdictions)

Does not apply if: a court has already denied a request or motion for DNA testing and no appeal is pending. the defendant voluntarily waived the right to request DNA testing. after a conviction becomes final and all opportunities for review are exhausted, the defendant is notified that the biological evidence may be destroyed and the defendant does not file a motion within one year after receiving notice.

PENALTY: A person commits a misdemeanor of the first degree if he knowingly and intentionally destroys, alters or tampers with biological evidence that is required to be preserved.

These mandates qualify forensic laboratories for the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (42 U.S.C.A. 14136e) and Paul Coverdell funds. These mandates are in compliance with recommendations made by the National Academy of Sciences report.

Science subcommittee has had 10 teleconferences No further deliberations will be scheduled The overall commission has not yet deliberated on the four subcommittee recommendations.