What does a senseless murder more than 30 years ago in Rockford, Illinois, have to do with recent events at the Toolmark Analysis / Firearms Identification Section of the Rhode Island State Crime Laboratory? More than you might think …
Second of two parts
Recent events at the Toolmark Analysis / Firearms Identification Section of the RI State Crime Laboratory (RICL) have something in common with the Illinois State Police Crime Laboratory in the Pursley case: both laboratories are controlled by law enforcement.
On September 3, 2024 both the RICL and the Attorney General’s Office (RIAG) issued public statements about a problem at the RICL — a nonconformity with laboratory standards in a single case (the ‘mismatch’ case). Remedial steps were taken, including the suspension of internal examinations, the outsourcing of further examinations to an external, accredited laboratory or qualified consultant, and the retention of an outside, accredited agency to conduct an assessment/technical review of the operations of the RICL’s firearms section.
The State Crime Lab Commission (Commission) created by statute to oversee the RICL met twice in August and once in October, 2024, to discuss the issue. Although subject to the Open Meetings Law (OML), the Commission labeled the issue as a “personnel matter,” which allowed its discussions and actions to be shielded from public scrutiny. Curiously, however, at a Commission meeting on April 11, 2024, the Commission disclosed information relating to a non-conformity issue that appears to be nearly identical to the one that is the subject of the current controversy.
What the Nichols Report recommended
This inconsistent application of the OML was partially mitigated by the external agency report prepared in connection with RICL’s remedial steps. This October 9, 2024, report by Ronald G. Nichols, President, Nichols Forensic Science Consulting, Inc. (“report” or “Nichols’ Report”) was the result. It was provided to defense counsel in the ‘mismatch’ and other pending cases potentially impacted by the ‘personnel matter/nonconformity’ issue. Its findings included:
The report’s recommendations included:
Lowering expectations about toolmarks
Rhode Island is not the only state dealing with this issue, which was identified in a 2009 National Research Council Report (NRC Report) and the 2016 report of the President’s Council of Advisors on Science and Technology (PCAST Report). Courts across the country have taken steps to improve the reliability and understanding of toolmark analysis. Some of these actions echo the Nichols’ Report recommendations including:
Policy considerations
Will the RICL voluntarily accept the “best practices” recommended by the Nichols, NRC, and PCAST reports like other jurisdictions, or will litigation be needed? Consideration of prior history may be helpful: In 2009, the General Assembly considered transferring the RI Department of Health’s (RIDOH) Forensic Science Section to the Rhode Island Department of Public Safety, a law enforcement entity. Coincidentally, the aforementioned NRC Report opposed such a move because it would be inconsistent with each agencies’ functions, create problems of perception and conflict of interest, and inhibit the independence of the laboratory. Fortunately, the transfer was rejected by the legislature.
Additionally, to achieve the best results here, the commission must be more diverse. Currently, it is heavily weighted in favor of law enforcement, with the RIAG serving as its chairperson. Additional members should be appointed – specifically other criminal justice stakeholders such as the judiciary, the criminal defense bar, the larger legal community and additional representatives from the academic community, especially from the University of Rhode Island’s renowned College of Engineering, given that field so closely fits with the functions of the RICL.
Michael A. DiLauro, Esq.
The Just Criminal Justice Group LLC
Warwick
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