Changing Science - Bloodstain Pattern Analysis

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Changing Science - Bloodstain Pattern Analysis Alley Rensel Changing Science - Bloodstain Pattern Analysis Although bloodstain pattern analysis is primarily viewed as a new forensic science, research into the pattern and characteristics of bloodstains has been published since 1895. In the last 129 years, developments in testing methodology, technological advancements, and paradigm shifts have changed how bloodstain pattern analysis has been regarded in the scientific realm. This science initially relied on basic observations and qualitative assessments but has evolved into a sophisticated and readily accepted scientific discipline used to solve criminal investigations. But can this currently accepted scientific evidence become thoroughly suspect and inadmissible? Dr. Eduard Piotrowski was the first scientist to conduct experiments on bloodstain patterns. He performed his first experiments on rabbits and published a paper titled “On the Formation, Form, Direction, and Spreading of Blood Stains After Blunt Trauma to the Head” in 1895. Between 1895 and 1955, several other scientists conducted new experiments and published their findings. At this time, it was learned that blood dries at a reliable rate, arterial blood is a different color than other blood, and specific actions can be matched to certain characteristics of bloodstains. One such example is “cast off,” which happens when an object swung in an arc flings blood onto nearby surfaces. Despite these experiments, bloodstain pattern analysis wasn’t accepted by the court or the scientific community until 1955-1957. In 1955, Dr. Kirk of the University of California at Berkeley submitted an affidavit in Ohio v. Samuel Sheppard , and testified as an expert witness for the defense. In the Sheppard case, 30- 1

Changing Science - Bloodstain Pattern Analysis year-old Marilyn Sheppard was found bludgeoned to death in her Bay Village, Ohio home. It was determined that she had been struck in the head more than 20 times, and her death was ruled a homicide. Marilyn’s husband, Samuel Sheppard, a physician in Cleveland, was convicted of murder in the second degree and sentenced to life in prison. Dr. Paul Kirk analyzed the autopsy report, photographs, and items collected at the scene, which carried dried blood splatter. In his affidavit, he described the characteristics of blood from clothing, shoes, and weapons. Dr. Paul Kirk also described the distribution of blood in the murder room and the cause of distribution. In appendices attached to his affidavit, Dr. Paul Kirk outlined what experiments he conducted to replicate the distribution of blood in Marilyn’s bedroom. Dr. Kirk’s expert Affidavit exonerated Samuel Sheppard. Two years later, Dr. Paul Kirk testified as an expert witness for the prosecution in the landmark California case, People v. Carter . In the Carter case, Thomas Carter was accused of bludgeoning to death the owner of a bar, Frank Carey. Dr. Kirk’s testimony was critical in securing a conviction against Thomas Carter and was a significant legal development in bloodstain pattern analysis. In years to come, bloodstain pattern analysis was the topic of significant controversy in the scientific community. In 1971, Herbert Leon MacDonell published “ Flight Characteristics of Human Blood and Stain Patterns.” Mr. MacDonell later secured a law enforcement grant allowing him to develop and implement a training program focused on bloodstain pattern analysis. In 1983, the International Association of Bloodstain Pattern Analysts (IABPA) was founded, indicating that bloodstain pattern analysis is “here to stay.” Despite it’s reliability in 2

Changing Science - Bloodstain Pattern Analysis some areas, testing methodology has come under fire since it was introduced to the world of forensic science. Developments in testing methodology have affected the integrity of bloodstain pattern analysis; in the 1995 North Carolina case State v. Goode, State Bureau of Investigation (SBI) Officer Duane Deave, testified as a bloodstain analyst. His testimony as an expert witness secured a conviction against George Goode. In 2009, a federal court found that Duane Deaver had performed inadequate testing and provided misleading information on his reports. At the time of the audit, courts in Tennessee and Texas had already cited State v. Goode to admit bloodstain pattern analysis as a reliable science. In the National Academy of Sciences (NAS) report “Strengthening Forensic Science in the United States: A Path Forward” in 2009, the study finds that “In general, the opinions of bloodstain pattern analysts are more subjective than scientific. In addition, many bloodstain pattern analysis cases are prosecution driven or defense driven, with targeted requests that can lead to context bias.” [p. 178] Historical cases where bloodstain patterns have been analyzed by supposed experts tend to show that the analysis of bloodstain patterns relies on the subjective judgment of the analyst. Interpretation can vary between analysts, leading to potential inconsistencies in the results. What compounds the issue of subjectivity is the lack of universal standards. Different organizations and experts may have their own methods and terminology, which can create confusion and inconsistencies in the field. In recent years, there has been a growing recognition of the need for 3

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Changing Science - Bloodstain Pattern Analysis more rigorous scientific validation, standardized protocols, and increased transparency in bloodstain pattern analysis. Efforts are underway to address these issues and improve the reliability and credibility of this forensic discipline. In April 2023, the American Institute of Physics published a paper on the topic of new evidence in bloodstain pattern analysis which indicates that “secondary atomization” can redirect blood droplets, which may mislead crime scene investigators. In their research, scientists from the University of Illinois Chicago and Iowa State University compared the primary atomization of blood caused by a gunshot (bullet) and the secondary atomization; secondary atomization occurs when the initial larger drops are distorted by air drag forces as they fly. “"Muzzle gases form a turbulent vortex ring which moves toward a victim from a shooter and pushes the blood droplets from the shooter back to the victim," said Yarin. "Droplets are also deflected aside, and our predictions showed that some can even land behind the victim, even though initially they were moving from the victim toward the shooter. This discovery could explain how a short-range shooter might stay clean from blood stains.” (AIP, 2023) In conclusion, the emergence of new technologies in forensic science serves as a testament to the dynamic nature of the discipline. This new technology is a perfect example of how testing methodology and technological advancements can alter the admissibility of currently accepted science. In the case of bloodstain pattern analysis, technological advances and testing methodology may correct previously incorrect opinions and right wrongs of the past, and, likely, the admissibility of bloodstain pattern analysis won't be overturned. However, the evolution of forensic science, including bloodstain pattern analysis, underscores the importance of continued 4

Changing Science - Bloodstain Pattern Analysis research, standardization, and the pursuit of scientific rigor. As technology advances and our understanding deepens, it is incumbent upon both the scientific community and the legal system to ensure that forensic techniques are used judiciously and fairly, safeguarding the pursuit of justice while upholding the principles of scientific integrity and accuracy. Ultimately, through these efforts, the field of forensic science will continue to evolve, improve, and contribute to the pursuit of truth in criminal investigations and legal proceedings. 5

Changing Science - Bloodstain Pattern Analysis SOURCES Committee on Identifying the Needs of the Forensic Sciences Community. (2009). Strengthening forensic science in the United States a path forward . National Academies Press. Greenfield, D. (n.d.). Marilyn Reese Sheppard (1923-1954) - find a grave... Find a Grave. https://www.findagrave.com/memorial/6876/marilyn-sheppard#:~:text=After%20the%20guest %20left%2C%20Sam,was%20gone%20at%20age%2030. Houck, M., & McAdam, T. (2018). Bloodstain pattern analysis . Bloodstain Pattern Analysis - an overview | ScienceDirect Topics. https://www.sciencedirect.com/topics/medicine-and-dentistry/bloodstain-pattern- analysis#:~:text=In%201895%2C%20Dr.,associates%20in%20bloodstain%20pattern %20analysis. James, S. H., & Eckert, W. G. (1999). Interpretation of bloodstain evidence at crime scenes . CRC Press. Kirk, Paul L., "Affidavit of Paul Leeland Kirk" (1955). 1954-1955 Post-Trial Motions and Ohio Eighth District Court of Appeal. 10. https://engagedscholarship.csuohio.edu/sheppard_eight_district_1950s/10 ScienceDaily. (2023, April 25). Improving bloodstain pattern analysis with fluid dynamics . ScienceDaily. https://www.sciencedaily.com/releases/2023/04/230425111144.htm SHEPPARD v. STATE OF OHIO :: 352 U.S. 910 (1956) Spooky science: Behind the blood spatter . Thomas Scientific - Lab Supplies, Lab Equipment, Lab Chemicals, & Lab Safety. (n.d.). https://www.thomassci.com/blog/_/spooky-science-behind- the-blood-spatter Stanford Law School - Robert Crown Law Library . Supreme Court of California. (n.d.). https://scocal.stanford.edu/opinion/people-v-carter-24140 6

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