Another Erroneous Fingerprint Identification

Posted an article in a number of places a few days ago from the NY Daily News about a large settlement for an individual incarcerated for 523 days because of an error in a fingerprint comparison. The thing that caught my eye 1st. was the liability cost,which while significant was not exorbitant.

Then I looked at the article again to see the real cause of the error, because unlike the FBI Mayfield error, this was just a robbery and in NYC that is not a high profile case.

So what went right and what went wrong on this fingerprint comparison. What went right was an experienced examiner who was confident enough in his skill sets said " you know what ? this is a screw; this is not his fingerprints." If it were not for this detective the individual in this case would have been convicted and gone to prison. What went wrong ? The original comparison followed the ACE-V individualization model followed by latent examiners, in that you had 2 experienced latent examiners incorrectly identify the individual. The legal aid attorney advised the victim to take a plea agreement that would have been 5 yr's, an indication that the fingerprint evidence was not re-evaluated by the defense.
So what could have been done to prevent this from happening ? As I've stated in previous blogs having fingerprint evidence evaluated by the defense is key to preventing miscarriages of justice. It is really the defense attorney who is responsible to insure the evidence is valid in the adversarial system of justice we have in the United States. I know that resources for expert testimony are limited especially for legal aid but the cost of a fingerprint evaluation should significantly less than expert testimony so it should not cost more than a service call from an electrician. The images can be sent to the expert digitally via Internet or photographs via snail mail for an initial evaluation.

Incorrect fingerprint comparisons do occur and with the automated systems producing many more suspects having strong similarities the numbers of error most likely will continue to increase. The best option currently available is for the defense to have the fingerprints evaluated by an unbiased 3rd. party.

Bob McAuley
Dir. Operations/Training
Forensic Biometric Identification Solutions LLC.