Innocence Project Sues for Access to Museum's Bite Mark Archive
The wrongful conviction exoneration group says the federally-run National Museum of Health and Medicine violated its First Amendment rights by denying it access to the archives of a prominent national odontology group that in the past promoted the now-controversial forensic bite mark analysis.
February 20, 2019 at 01:58 PM
4 minute read
A U.S. Defense Department museum has unconstitutionally denied the Innocence Project access to archives containing information on bite mark analysis—a forensic science the organization calls tragically flawed and thoroughly discredited—the group has said in a new federal suit.
The process has led to “untold numbers” of convictions, yet the group says the museum has coordinated with the American Board of Forensic Odontology to deny it direct access, as well as through a Freedom of Information Act request, because of the group's critical view of the process, according to the complaint filed in the U.S. District Court for the Southern District of New York.
“The Museum denied access because the Innocence Project has been an outspoken critic of forensic odontology and plans to conduct research that could further expose both its scientific defects and human toll, casting the ABFO in a bad light,” the complaint claims. “This violates the First Amendment: The government may not block access to a public archive because it disfavors a researcher's viewpoint or because a researcher plans to publish facts and develop arguments that are uncomfortable or embarrassing.”
The Department of Defense-run National Museum of Health and Medicine is the repository of the ABFO's historical papers. The organization is the “primary organization that has fostered forensic bite mark analysis,” according to the Innocence Project. Indeed, on the ABFO's website the board provides a standards and guidelines for evaluating bite marks, last updated February 2018.
The Innocence Project has long been a critic of the use of bite-mark analysis by prosecutors during trial. Attorneys with the group have previously called the analysis “the poster child of unreliable science.” The group estimates that at least 30 wrong convictions and indictments have been attributed to the use of bite mark evidence, with “many more” convicted individuals still in prison.
Despite what it claims to be growing evidence against the use of bite mark expert testimony at court, the complaint claims the ABFO has taken a strong stance against challenges to the reliability of such testimony.
In an effort to examine how bite mark analysis methods were developed, as well as to review the work individual forensic odontologists did in criminal cases stored in the archive, the Innocence Project sought a special research appointment from the National Museum of Health and Medicine.
According to the complaint, despite an initial response that suggested the request would be granted, the museum ultimately rejected the request after the museum's archivist conferred with the ABFO. The museum stated in a formal letter that it disagreed with the viewpoint of the researchers, their likely findings, and its planned speech and advocacy on behalf of potentially wrongfully convicted people.
The advocacy group went a step further and filed a Freedom of Information Act for both the information in the archives it sought to review, as well as for correspondences between the museum and the ABFO that might corroborate the motives for denying the group access in the first place.
Despite the rule that an agency respond within 20 business days, the complaint claims the FOIA request filed nearly a year ago has yet to generate a substantive response.
Innocence Project attorney M. Chris Fabricant said the museum's decision was a disappointing one, especially considering its stated goal of promoting the science and history of medicine.
“One wonders what is being hidden, to put up such a roadblock about what should be fairly straightforward data,” Fabricant said.
The suit claims the federally run museum has violated the group's First Amendment protections against viewpoint discrimination and retaliation for protected speech. The suit also claims the museum violated the Administrative Procedure Act for allegedly colluding with ABFO to deny the request, and for a violation of FOIA.
A spokeswoman for the museum did not immediately respond to a request for comment on the lawsuit. A similar request sent to the president and chairman of the ABFO and other executives at the group also generated no response.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAttorneys 'On the Move': Structured Finance Attorney Joins Hunton Andrews Kurth; Foley Adds IP Partner
4 minute readNY Civil Liberties Legal Director Stepping Down After Lengthy Tenure
Former Top Aide to NYC Mayor Is Charged With Bribery Conspiracy
Trending Stories
- 1People in the News—Dec. 23, 2024—Barley Snyder, Marshall Dennehey
- 2How I Made Office Managing Partner: 'Be a Lawyer First, Foremost and Always,' Says Matthew McLaughlin of Venable
- 3Bar Report - Dec. 23
- 4Recent Decisions Regarding the Telephone Consumer Protection Act
- 5The Tech Built by Law Firms in 2024
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250