As every examiner knows, latent and exemplar images are never exactly the same. The reasons are many; how the exemplar was recorded or where the latent was deposited, etc. The experienced examiner during the analysis and evaluation must be able to understand and explain any discrepant points found in either the latent or examplar images. In this case we had experienced examiners determine the discrepant points of identification were the result of latent distortion, probably caused by the bag. The examiners made a subjective determination which was incorrect. The panel noted theFBI examiners failed to follow the 1 discrepancy rule , if there is 1 unexplainable discrepancy in either the latent or exemplar image an individualization cannot be made. In this case the examiners did re-evaluate the prints and tried to get the Spanish examiners to agree with the FBI examiners individualization, I don't think they ignored the rule , they felt they could explain the discrepancies. The examiners would have given the Spanish examiners their interpretation of reasons for he discrepant points.
The thing to remember is if highly skilled and experienced examiners, which each of these examiners is can make this type of mistake, what about the less skilled and experienced examiners. Most individualization's are done by examiners with much less experience and training than the FBI examiners. Currently the most effective prevention is for the defense or court to have the fingerprint evidence re-evaluated by an unbiased 3r party.
Bob McAuley
Dir. Operations/Training
Forensic Biometric Identification Solutions LLC.
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