ENGL 3930 True Crime / Forensic Literature QUIZ 2

How did bad forensics play a role in Michael Peterson's trial?

- Deaver did a Luma-Light test on Michael's shirt and did not find blood spatter, supporting the defense, and this information was withheld from them - Deaver's sponge experiment was terrible because he lifted his leg and pulled his shorts open - Susie Barker and Deaver were supposed to complete DNA testing on Michael and Kathleen's clothing before bloodstain analysis, but was never tested and not properly stored - some of the pictures taken lacked dates. some of the photos also had glitches, so some spots of blood could be seen in one photo, but not others (says it was a processing error but never documented that). - prosecution originally said blow poke was missing, the defense eventually finds it and presents it in court (no blood). During Michael's retrial, Ratliff finds out the police actually did find it in 2002, took it outside with their band hands and took photos, and never gave it to the defense = this means they all knew (except the defense) that this whole blow poke theory was a lie - Deaver failed to report negative blood sample results = bias in favor of prosecution - Kathleen's clothes were never DNA tested - Evidence was never stored properly

What some of the costs of experts and defense resources?

- Michael Peterson paid $750,000-$800,000 = "Rich get off because they can afford to defend themselves." - How much funding is given to prosecution vs defense - State lab / city lab à prosecution is not paying for but still working for them = unfair (automatically have state-funded experts) - Cannot afford bail and receiving a higher sentence? - Free Public defenders vs. Expensive Private attorneys - Providing more resources to public defenders

What are the 5 steps of DNA processing?

- batch cases for efficiency - priority system - labs generally perform human DNA testing, specifically Short Tandem Repeat (STR) analysis of nuclear DNA

How can forensic experts avoid bias and influence?

- limit knowledge of investigation - research only what you need to know for your analysis - only report on generally accepted procedures

How are analysts competently trained?

- proficiency testing - education standards - training programs - mock evidence processing

What are ways to make sure forensic experts are doing their jobs correctly?

- reliable methodology - unbiased analysis - requisite professional qualifications - not bound to one side in testimony - required to speak the truth about the results of techniques

What is the normal sequence of a jury trial?

1. Clerk calls the next case 2. Judge asks DA and defense if they are ready to proceed 3. Clerk will swear in the jury panel 4. Jury Panel subject to voir dire examination 5. Prosecutor and Defense attorney strike the jury (selecting the jury) 6. Swear in the jury 7. Prosecutor says opening statement 8. Defense gives opening statement 9. state presents case - judge rules on motions and objections 10. defense attorney moves for directed verdict or acquittal 11. defense proceeds with evidence to support not guilty plea 12. defense and prosecution make summations (closing arguments) 13. judge excuses the alternate jurors and instructors jurors on the applicable laws 14. jury retires to elect a spokesperson and to discuss the verdict 15. judge receives verdict from foreman 16. verdict is read aloud 17. defense attorney - motion for court to judge for acquittal 18. judge may sentence or postpone the sentencing

What are the 6 steps of the scientific method?

1. Define the problem or question 2. collect data to resolve the problem 3. Posit a hypothesis 4. classify and organize data 5. test the hypothesis 6. define the conclusion

What are the theories surrounding the Michael Peterson Case?

1. Michael Peterson beat Kathleen Peterson to death 2. Kathleen Peterson fell down the stairs 3. Kathleen Peterson was attacked by an owl

How is a blood spatter's area of origin determined?

1. pick out stains 2. Photograph and measure stains to determine angle the blood hit 3. Place strings straight through the stains from where they came from 4. Locate the "Area of Convergence" 5. Bring strings into 3D space using the angle 6. Use area of convergence to determine at what height the strings cross - this is the Area of Origin

What is a pattern transfer?

A contact pattern of blood demonstrating demarcations, curves or other recognizable characteristics of an object

What is the significance of the bloodstain pattern analysis during Michael Peterson's trial?

A deciding factor for the guilty verdict from the jury was a bloodstain found inside Mr. Peterson's shorts. It was eventually found out that the prosecution's Blood Spatter Analyst, Duane Deaver, was reporting false information, withholding information, and being inattentive in, not only Mr. Peterson's case, but numerous other cases.

What is an alfred plea?

A plea of guilty without acknowledging any guilt. Basically saying "I understand it is in my best interest to plead guilty because of the weight of the evidence that state has against me"

What is a bloodstain wipe pattern?

A preexisting volume of blood and any of the following: - Displaced blood from the original boundary. - Dried outer ring (skeleton) of the original stain. - Feathering, striations, diminished volume.

What is a bloodstain projected pattern?

A series of related spatter with large volume evident in the overall pattern or individual stains This includes - Large elliptical stains. - Line of stains or overlapping stains oriented in Vs, arcs or serpentine patterns. - Large irregular stain exhibiting spines and spatter radiating out.

What is a bloodstain swipe pattern?

A stain with a contiguous boundary on one side and any of the following: - A feathered boundary. - Striations in the body of the stain. - Accumulation of blood on the other boundaries. - Diminished volume of blood across the body of the stain.

What are the differences between an Alford plea and no contest?

Alford Plea - Plead guilty while still maintaining innocence - Because you pled guilty - can still be held responsible in a civil case - Risk assessment - Can present a defense of why not guilty No Contest - Conceding guilt without admitting you are guilty - Can't be held civilly responsible - Cannot present defense of why not guilty - Cant' be used for future crimes

What is a bloodstain blood flow?

An accumulation of blood with generally regular margins leading from one point on a surface to another.

What is a blood pool?

An accumulation of blood without any specific shape, but conforming to the surface contours. - it may demonstrate serum separation (separation of the blood cells from the plasma) or clotting cells.

What is bloodstain impact spatter pattern?

Bloodstains related to small stains with consistent directional angles that radiate from a central point - Progressive change in shape of the stains the further out. - Various sized stains, but generally consistent throughout the pattern.

Who are Michael Peterson's children?

Clayton and Todd Peterson - Michael's sons from his first marriage Margaret and Martha Ratliff - Elizabeth Ratliff, who was found dead at the bottom of her staircase the night after a dinner with Michael Peterson the night before, is their biological mother. Michael Peterson adopted them following her death. Caitlin Atwater - daughter of Kathleen Peterson's first marriage who had introduced Michael to Kathleen because Martha and Margaret were her friend

What are the 3 primary forms of blunt force?

Contusions (bruising) = blood escapes into surrounding tissue resulting in discoloration. Abrasions = minor damage to the outer layers of skin. Lacerations = a physical tear of the tissue, creating an irregular margin wound with tissue bridging.

Who is Timothy Palmbach?

DNA expert that served as a a defense witness for Michael Peterson how did he help?

How did Duane Deaver conclude blows to Kathleen's head caused the blood spatter found on the wall?

Deaver placed a bloody sponge in the staircase that represented Kathleen's head and showed the jury he was able to get blood on the inside of his shorts, like Michael's. Since there was no cast-off blood pattern, he proposed the weapon had been cleaned in between strikes.

What is DNA

Deoxyribonucleic Acid - Chemical blueprint - Approx. half from mom and half from dad - Varies from person to person - Found in almost all cells of the body

Who is Dr. Henry Lee?

Forensic expert for the defense who analyzed bloodstain pattern - focused on the importance of where blood wasn't how did he help?

What is the significance of the Greg Taylor Case?

Greg Taylor was found innocent of murder after publicity about Duane Deaver misrepresenting blood test results, which multiple jurors said his testimony was the most powerful evidence in convicting Taylor. Ratliff said he could finally prove in Michael's case was the same situation.

What did Deaver lie about in regard to his qualification?

He said that he worked over 200 cases, even though he actually observed 50 and provided an opinion on 6

Who is Ron Guerette?

He served as the private investigator for the defense - he argued that it would make no sense for Kathleen to have multiple lacerations on her head from a beating without any indications of fighting back

Who has the burden of proof?

In a criminal trial, the burden of proof lies with the prosecution. The prosecution must convince the jury beyond a reasonable doubt that the defendant is guilty of the charges brought against them

Who is Dr. Faris Bandak?

Injury biomechanics expert that served as part of Michael Peterson's defense team

What is a bloodstain gush or splash?

Large volume accumulation with the following: 1. Large elliptical stains. 2. Large irregular stain exhibiting spines and spatter radiating out.

Why was Michael Peterson put on trial?

On December 9th, 2001 in Durham, North Carolina, Kathleen Peterson was found by her husband Michael Peterson at the bottom of a staircase in their home and later died. He was soon charged with first degree murder, that it had not been a fall, but he had in fact beaten her to death. He was found guilty at trial, and sentenced to life in prison. Eight years later, he was granted a new trial.

What is a PCR?

Polymerase Chain Reaction - allows us to obtain DNA profiles from very little starting DNA

What are the differences in opening statements between the prosecution and defense?

Prosecution - can feel from this photograph Kathleen is a warm person - uses picture of Kathleen at bottom of steps, followed by photo of scalp lacerations on her head - argues its murder despite prosecution not having the weapon, says they have an identical blow poke and its mysteriously gone day of murder Defense - says prosecution did not find any murder weapon → where did it go? → says prosecution argues it "mysteriously disappeared" but you cannot convict on mysterious. - Michael would have had to beat solely on the top of Kathleen's head - no sign of brain injuries or skull fractures - plan to show what happened on the stairway was a tragic accident - left Michael without his wife, their connection was admirable (friends and family could argue). - brings up Caitlin's letter about how good Michael was for Kathleen → so if prosecution is right how does one go from soulmates to murder = you don't - Kathleen was drinking and had valium walked up the stairs in flip flops = fell and bled to death

What are the differences in closing statements between the prosecution and defense?

Prosecution - says do not know when or where the blow poke was found, says we never told jury it was definitely - we are dealing with a fictional writer = defendant knows how to make a fictional plot - Kathleen did not know Michael was bisexual, she never would have known and been okay with it. Not the way soulmates conduct themselves - Kathleen's laceration picture worth a thousand words = show she was beaten - Kathleen is talking to us through the blood on the walls Defense - has state proven beyond a reasonable doubt Michael is guilty, not that we have proven if he is innocent - missing murder weapon was not missing and was not used in a murder - no credible motive = no one said anything bad about their relationship - Michael was in profound shock and grief over his wife's death (911 call)

What was the prosecution's argument as to why Elizabeth Ratliff's body should be exhumed?

Prosecution arguing that Elizabeth's case is admissible because of similarities - two women in their 40s (that look very similarly) found dead at bottom of staircase - large amounts of blood present and on the walls - Michael Peterson was there for both - manner of death for both ruled homicide from blunt force trauma - same number of scalp lacerations

What is a bloodstain expectorate pattern?

Related non-linear spatter with a wide range of size, usually presence of an airway injury or blood in an airway (nose or mouth) and one of the following: - Presence of vacuoles/air bubbles - Presence of mucous strands - Presence of epithelial cells. - Possible dilution of color (due to saliva).

What is a blood into blood pattern?

Series of individual passive blood stains or a pooling of blood surrounded by a random distribution of small spatter. - The spatter will generally not have consistent directional angles

What is a bloodstain castoff pattern?

Series of related stains that are linear or curvi-linear in orientation with consistent parallel directional angles - believed to be caused by blood flung off of swinging object

What is the significance of exhumation in the Michael Peterson case?

The deaths of Elizabeth Ratliff and Kathleen Peterson were so similar (both found dead at the bottom of a staircase) that that prosecution had Ratliff's body exhumed during Michael Peterson's trial in the death of Kathleen, and the nanny who discovered Ratliff's body testified against Peterson Instead of having a neutral party in Texas examine the body (where it was buried) the prosecution spent thousands of dollars transporting Ratliff's body 1200 miles to Chapel Hill, NC in order for Dr. Deborah Radisch to perform the autopsy.

Who is Dr. Werner Splitz?

The forensic pathologist who served as the medical examiner and testified as an expert witness on behalf of the defense - says the presence of the lacerations is misleading

What is a blood spatter's area of origin?

The three-dimensional location from which blood spatter originated. - taking a pattern and figuring out where that person was struck in space by coming up with angles Basketball-sized space that has room for error, cannot say definitively where they exactly were, but can say rather more general (standing up, lying down, etc.)

What forensics are involved in the Michael Peterson case?

Toxicology - wine, champaign + valium in Kathleen's blood Autopsy - Dr. Deborah Radisch, state medical examiner - 7 lacerations on the scalp - no skull fractures, brain swelling nor bruising of the brain - cause of death = blunt trauma of the head - manner of death = homicide Sound - defense attempted to test if Michael could hear screaming sounds from outside (how far does that sound go? Out to the pool? Is this a scientifically reliable test? Is this peer-reviewed?) Bloodstain pattern Analysis - Duane Deaver used nonscientific methods Physical Evidence - beating theory was from 'missing' blow poke that was later found - blood on Michael and Kathleen's clothing Exhumations - Elizabeth's body was exhumed to compare it to Kathleen's Crime Scene Processing Presumptive Testing DNA testing

What is the product of the scientific method best described as?

an ever expanding, self correcting body of knowledge

Who is Freda Black?

assistant district attorney

What is voluntary manslaughter?

charges involving proof of heat of passion, and the intentional killing of the victim - by charging the offense of Manslaughter, rather than Murder, the State concedes there is no element or evidence of malice - Intentional Unlawful Act and/or Criminally Negligent Act - the Defendant's Act was a proximate cause of the death

How long does DNA processing usually take?

one batch typically takes 4-6 weeks to complete

Who is David Rudolf?

served as Michael Peterson's lead attorney and also helped Peterson get a new trial

Who is Duane Deaver?

served as a bloodstain analysis expert during the Michael Peterson Trial for the North Carolina State Bureau of Investigation (SBI)

What is a due process hearing?

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Who is Jim Hardin?

the district attorney who argued Kathleen had been beaten to death at the bottom of the stairs by Michael due to the large quantity of blood and the injuries to her head.

Who determines what is processed at a murder crime scene?

the homicide detective

What is the main difference between involuntary and voluntary manslaughter in north carolina?

the intent of the person charged with committing the crime. voluntary manslaughter = the person must have intended to kill the victim. involuntary manslaughter = killing was caused by reckless or negligent acts

What is bloodstain pattern analysis?

the interpretation of bloodstains at a crime scene in order to recreate the actions that caused the bloodshed.

Who was detective Art Holland?

the lead police investigator

What is the difference between direct and cross examination?

the plaintiff's lawyer asks the questions first, and this is called DIRECT EXAMINATION. The defendant's lawyer then CROSS-EXAMINES the witness. Generally, cross-examination is limited to questions concerning matters brought up in direct examination

What did Michael's defense team conclude what happened to Kathleen?

they proposed the idea Kathleen tripped walking up the staircase, fell backwards and hit her head on the door frame, causing the larger lacerations and a lot of blood to be drawn. She likely knocked herself out then tried to stand upon waking, but was dizzy and slipped on her blood and fell again causing the other lacerations. She likely had a lot of blood on her face, in her hair and if she was coughing, it would have produced a bloodstain pattern on the wall.

What is blunt force?

tissue is torn, sheared or crushed

What was the purpose of the mock jury panel?

to test the defense experts' theory - they judged Dr. Lee heavily and thought he was being paid to convince them rather than objectively testify