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FORENSIC SCIENCE:Inside the NH StateForensic LaboratoryA Continuing Legal Education ProgramNEW HAMPSHIRE BAR ASSOCIATIONBy NH LawyersFor NH LawyersWednesday, April 6, 2016Supporting Members ofthe Legal Profession& 1heir Service to the Public andJustice System.
Copyright 2016 New Hampshire Bar AssociationAll rights reserved.No. use except the use of forms is permitted which will infringeon the copyright without the express written consent of theNew Hampshire Bar Association.NOTE:The New Hampshire Bar Association Continuing Legal Educationpublications and programs are intended to assist New Hampshire lawyers.Publications are distributed and programs presented with the understandingThe New Hampshire Bar Association, its committees, authors and speakersdo not hereby render legal advice.The material is presented as researchinformation to be used by lawyers in conj unction with other researchdeemednecessary,j udgment.researched.in theexercise oftheirindependentprofessionalOriginal and fully current sources of authority should be
FORENSIC SCIENCE:Inside the NH State Forensic LaboratoryNH Bar Association Seminar Room, Concord, NHApril 6, 2016Table of ContentsOVERVIEW OF THE NEW HAMPSHIRE STATE POLICE FORENSIC LABORATORYTimothy}. PiferPowerPoint Presentation. . . . . . . . . . . .1COLLECTION AND ANALYSIS OF DNA EVIDENCEMelisa W. StaplesPowerPoint Presentation - Serology and DNA Analysis. . . .; . 15FIREARMS & TOOLMARKS UNITStephen H. OstrowskiPowerPoint Presentation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28FINGERPRINTS, FOOTWEAR IMPRESSIONS, AND TIRE TRACKSMarc E. DupreTimothy A. JacksonPowerPoint Presentation - Identification Unit (Fingerprints) . . . . .PowerPoint Presentation - Footwear and Tire Track Impression Evidence . . . 56. 85. . . . . . . . .FORENSIC VIDEO ANALYSISBruce A. TaylorPowerPoint Presentation . . . . . . . . . . . . . . . . . . . 100.COMPUTER AND CELL PHONE FORENSIC ANALYSISDeborah}. BlairMatthew S. PickeringPowerPoint Presentation - Digital Evidence. . . . . . . . . . . . . . .119. . . . . . . . . .
LAW REGARDING SELECTED TYPES OF FORENSIC EVIDENCEAttorney Patricia M. LaFranceAttorney Richard GuerrieroAttorney Theodore M. LothsteinOverview of Standards for the Admissibility of Expert/Scientific/Forensic Evidence Generally . 1 27The Big Picture. . . . . . .Evolution of Legal Standards in NH and the Federal Courts. . . . . . . . . . . . .127127. . . . 129Consuming Samples . . . . . . . . . . . . . . .i 30Cases Addressing the Admissibility of DNA Evidence . . . . . -. 1 JOKinds of DNA Evidence in NH/First Circuit Cases. . . . 130New Hampshire Cases on DNA Evidence . 131Some First Circuit Law on DNA Evidence. . . . .132Application of Principles and Methods Reliably to the Facts of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . .,.Cases Addressing the Admissibility of Different Types of Digital EvidenceSpecific Cases on Tool Marks and Firearms. . . .Specific Cases on Fingerprints and Footwear. . . . . . . .65 1 -D:2 Post-Conviction DNA Testing of Biological Material. . . . . . . .Fingerprint Identification and the ACE-V MethodologyNew Hampshire Case Law . . . .Fingerprint Evidence - Overview. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 131. . .133. . . . . . . . . . . . . . . . . . .1361371 37137139. . . . . 141Misidentification and Other Problems with Fingerprint Evidence . . 141Cases Addressing Footwear Comparison Evidence. . .142Overview142Footwear Comparison Evidence - Cast List. . . .142Footwear Comparison Evidence and Search and Seizure. . . . . . 142Fingerprint Evidence, Ace-V Methodology, and Hearsay - No Shortcuts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .APPENDIXHandbook of Forensic Services, NH Department of Safety, Division of State Police,Forensic Laboratory. . . . . . . . . . .144
NEW :i.AMPSHIRE BAR ASSOCIATION /NHBA CLE ll!f II lm1w,.f'o1 "'" ''"''U""EqualJustice Under LawFORENSIC SCIENCE:Inside the NH State Forensic LaboratoryWednesday, April 6, 2016NH Bar Association Seminar Room, ConcordFaculty RosterRichard Guerriero, Program Co-ChairMarc E. Dupre, Criminalist IllTimothy J. PiferLothstein Guerriero, PLLCSupervisor, ID UnitForensic Laboratory Director39 Central Square, Suite 202Keene, NH 03468603-352-6503Fax: 603-218-6503NH State Police Forensic LaboratoryNH State Police Forensic Laboratory33 Hazen DriveConcord, NH 03305603-223-385433 Hazen DriveConcord, NH e@dos.nh.govtimothy.pifer@dos.nh.govPatricia M. Lafrance, ProgramTimothy A. Jackson, Criminalist IIMelisa W. Staples, Assistant DirectorCo-Chair/CLE Committee MemberFootwear, Tire, and Other ImpressionsNH State Police Forensic LaboratoryDeputy County AttorneyNH State Police Forensic LaboratoryRockingham County Attorney's Office33 Hazen DriveConcord, NH 03305603-223-385433 Hazen DriveConcord, NH 03305603-223-385410 Route 125, PO Box 1209Kingston, NH 03848603-642-4249Fax: 603-642-8942plafrance@rcao.netBruce A. Taylor, Criminalist IIStephen H. Ostrowski, Criminalist IllFirearms & ToolmarksDeborah J. Blair, Criminalist IINH State Police Forensic LaboratoryDigital Evidence Examiner33 Hazen DriveConcord, NH 03305603-223-3854NH State Police Forensic Laboratory33 Hazen DriveConcord, NH strowski@dos.nh.govMatthew S. Pickering, Criminalist 11Digital Evidence ExaminerNH State Police Forensic Laboratory33 Hazen DriveConcord, NH ng-Photography UnitNH State Police Forensic Laboratory33 Hazen DriveConcord, NH 03305603-223-3854bruce.taylor@dos.nh.gov
'NEWHAMPSHIHEBAHASSOCIATION/NHBA CLEf.or,\.fll, ,,.,,,· '"!"-.Eq1u1./ ,Tusticet Unth. r 1. at.-vFORENSIC SCIENCE:Inside the NH State Forensic LaboratoryWednesday, April 6, 2016FacultyRichard Guerriero, Program Co-Chair, is an attorney in private practice at Lothstein Guerriero, PLLC in Keene andConcord, NH. He has been an attorney for 31 years. Prior to entering private practice, he was the litigation director atthe NH Public Defender for twelve years. Richard's practice focuses on criminal defense in state and federal court, bothtrials and appeals. He handles misdemeanors and felonies, including assaults, drug cases, sex crimes, homicides, andwhite collar crimes. Richard is a member of the NH Bar Association's Ethics Committee and represents Cheshire Countyon the NH Bar's Board of Governors. He was recognized as a "Champion of Justice" by the NH Association of CriminalDefense Lawyers in 2005 and the Louisiana Association of Criminal Defense Lawyers in 1991. In 2007, Richard wasselected as a fellow in the American College of Trial Lawyers. In 2009 he was a recipient of the NH Bar Foundation'sFrank Rowe Kenison Award for community service. Richard serves on the board of directors of the NH Disabilities RightsCenter and the Colonial Theater in Keene. He earned his law degree from Louisiana State University in 1984.Patricia M. Lafrance, Program Co-Chair/CLE Committee Member, is the deputy county attorney at the RockinghamCounty Attorney's Office in Kingston NH, and has been involved in several initiatives to protect victims of violent crimes,including the formation of a Sexual Assault Resource Team (SART), and the activation of a multi-disciplinary team torespond to cases involving the Commercial Sexual Exploitation of Children (CSEC).She earned her J.D. from NewEngland School of Law in Boston and has been a felony prosecutor since 2001. Patti is an adjunct professor at NashuaCommunity College, teaching Criminal Procedure and Criminal Law. She has conducted dozens of trainings for localpolice departments and taught a supervisory class at Police Standards and Trainings.Patti has been a panelist inconferences dealing with domestic violence, child sexual abuse and human trafficking. She was a core member of the2014 training team to implement the new domestic violence law throughout the state and has testified numerous timesin front of the legislature to strengthen criminal laws and protections for victims. Patti serves on the Board of Directorsfor the Granite State Children's Alliance, which oversees all the child advocacy centers in NH. She is the current chairof the Domestic Violence Fatality Review Committee and also served as a member of the Attorney General's Commissionto Combat Human Trafficking. She was recognized as County Attorney of the Year while serving as Hillsborough CountyAttorney in 2014. In 2015, Patti was inducted into the New Hampshire Coalition Against Domestic and Sexual ViolenceHall of Fame.Deborah J. Blair is the senior criminalist assigned to the Digital Evidence section at the New Hampshire State PoliceForensic Laboratory, where she conducts digital forensic examinations on electronic devices.In this role, she isresponsible for the preservation and recovery of data from computer systems and mobile devices used in criminalcases.She is a certified computer forensic examiner and certified mobile forensic examiner. She has a B.A. in BusinessAdministration and an A.S. in Computer Programming and Analysis as well as over thirty years of experience workingwith information and networking systems. She was the recipient of the 2015 Patrick M. Keough Memorial OutstandingForensic Lab Employee award and has been working for the Forensic Laboratory for 10 years.Marc E. Dupre is a criminalist Ill/unit supervisor and oversees the Firearm/Toolmark, Identification and Evidence Controlunits at the New Hampshire State Police Forensic Laboratory. He has worked at the laboratory for the past 21 years andhas been qualified as an expert in the areas of fingerprints, firearms, toolmarks, gunshot residue, physical match, serialnumber restoration, glass analysis and drug chemistry. He earned a B.A. in chemistry from Saint Anselm College and iscertified by the International Association for Identification as a Latent Print Examiner, as well as by the Association ofFirearm and Toolmark Examiners in the areas of Firearms, Toolmarks and Gunshot Residue/Distance Determination. Hehas co-authored several articles and given numerous presentations on various forensic science topics.Timothy A. Jackson has been employed by the New Hampshire State Police Forensic Laboratory for over 16 years as afingerprint, footwear and tire track examiner and is specialized in crime scene processing for friction ridge impressions,footwear and tire track impressions. He is retired from the US Army, where he was assigned for ten years as a specialagent/latent print examiner with the US Army Criminal Investigation Laboratory. At the Army Lab he was responsible for
conducting fingerprint, palm print, footwear and tire track comparisons and providing specialized crime scene processingto Department of Defense criminal investigative agencies throughout the United States. He has an additional six years ofexperience as a special agent with the US Army Criminal Investigation Command where he was responsible forconducting criminal investigations and crime scene processing.He is certified by the International Association forIdentification (IAI) as a certified latent print examiner (CLPE) and a certified footwear examiner (CFWE). He has lecturedand/or conducted workshops for the International Association for Identification (IAI), New England Division IAI, GeorgiaDivision IAI and Florida Division IAI.Stephen H. Ostrowski is a criminalist Ill and has been with the New Hampshire State Police Forensic Laboratory foralmost 17 years. He earned a B.S. in Biology from Dickinson College and a M.S. in Forensic Science from the Universityof New Haven. He conducts casework in the disciplines of firearms, toolmarks, physical fit/fracture comparisons,obliterated serial number restoration, gunshot residue/shooting distance determination, latent prints, and crime sceneprocessing. He holds certifications from the Association of Firearm and Tool Mark Examiners (AFTE) in the areas ofFirearms, Toolmarks, and Gunshot Residue/Shooting Distance Determination, as well as certification from theInternational Association for Identification (IAI) in the area of Latent Prints. Additionally, he serves as the supervisor forthe laboratory's crime scene response.Matthew S. Pickering is a criminalist II at the New Hampshire State Police Laboratory where he conducts forensicexaminations on electronic devices used in criminal cases. These cases range from homicides to criminal mischief. Heis a certified forensic computer examiner and certified forensic analyst. He earned his M.F.S. from National Universityand a dual major B.S. from Granite State College in Information Technology -Visual Programing and Criminal Justice.He is in his 4th year at the New Hampshire State Police Forensic Laboratory.Timothy J. Pifer is the laboratory director of the New Hampshire State Police Forensic Laboratory where he oversees astaff of 47 scientists and support staff as well as the examination of over 10,000 criminal cases annually. These includehomicides, sexual assaults, arson, burglaries, toxicology and drug cases. He earned a B.A. degree in chemistry fromWashington and Jefferson College and a M.S. degree in analytical chemistry from theUniversity ofNewHampshire. Timothy is in his 26th year with the laboratory, the last 19 of which he has been the director. During thistime, he has initiated several new capabilities at the laboratory including IAFIS (fingerprint database), the DNA laboratoryand the Digital Evidence unit.Melisa W. Staples is the assistant laboratory director of the New Hampshire State Police Forensic Laboratory. She alsoserves as the DNA technical leader and state CODIS administrator, and is the senior criminalist directly overseeing theForensic Biology Unit. Melisa earned a B.S. in Criminalistics from Michigan State University and a M.F.S. from GeorgeWashington University.She has been with the laboratory for 18 years. Melisa is a member of the American Society ofCrime Laboratory Directors, the American Academy of Forensic Sciences and the International Society for ForensicGenetics, and is a diplomate of the American Board of Criminalistics.Bruce A. Taylor is the photographer/forensic video analyst at the New Hampshire State Police Forensic Laboratory. Hisduties include photography for the NH Department of Safety and the Division of State Police for the purposes ofdocumentation, public relations and forensic analysis. His forensic video analysis duties include video surveillancesubmission analysis, processing and documentation. He earned a B.F.A. from the Rochester Institute of Technology witha major concentration in photojournalism. He has worked as a staff photojournalist, freelance photographer, contractphotographer and lab technician for over 35 years and has been with the Forensic Lab for the past 18 years. He is amember of LEVA, the Law Enforcement and Emergency Services Video Association International, and was a participantin the LEVA response team that assisted the Vancouver, British Columbia I RIT, Integrated Riot Investigation Team, inanalysis of over 5,500 hours of video surveillance following the 2011 Stanley Cup Hockey riots in that city.
Defense Lawyers in 2005 and the Louisiana Association of Criminal Defense Lawyers in 1991. In 2007, Richard was selected as a fellow in the American College of Trial Lawyers. In 2009 he was a recipient of the NH Bar Foundation's Frank Rowe Kenison Award for community service. Richard serves on the board of directors of the NH Disabilities Rights
