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Volume III: Forensic Evidence at Murder Trials in Phoenix, Arizona

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Volume III: Forensic Evidence at Murder Trials in Phoenix, Arizona The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Volume III: Forensic Evidence at Murder Trials in Phoenix, Arizona Author(s): Tom McEwen, Ph.D., Edward Connors Document No.: 244482 Date Received: December 2013 Award Number: 2004-DD-BX-1466 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant report available electronically. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Institute for Law and Justice 1018 Duke Street Alexandria, Virginia Phone: 703-684-5300 Volume III Forensic Evidence at Murder Trials in Phoenix, Arizona Final Report July 2009 Prepared by Tom McEwen, PhD Edward Connors Prepared for National Institute of Justice Office of Justice Programs U. S. Department of Justice This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Table of Contents Chapter 1: Forensic Evidence at Trials ............................................................................................1 Background ................................................................................................................................1 Charges and Dispositions ...........................................................................................................2 Impact of Forensic Analysis ......................................................................................................6 Chapter 2: Trial Proceedings .........................................................................................................11 Introduction ..............................................................................................................................11 Jury Selection ...........................................................................................................................11 Preliminary Instructions ...........................................................................................................13 Trial Procedure .........................................................................................................................16 Final Jury Instructions..............................................................................................................17 Proof of Murder .......................................................................................................................18 Aggravation Phase ...................................................................................................................19 Chapter 3: Evidence Collection .....................................................................................................20 Introduction ..............................................................................................................................20 Details at the Crime Scene .......................................................................................................21 Volume of Evidence ................................................................................................................24 Chain of Custody and Evidence Storage .................................................................................27 Release of Evidence .................................................................................................................27 Value of Reports ......................................................................................................................28 Questions from Jurors ..............................................................................................................29 Chapter 4: Role of Forensic Evidence at Trials .............................................................................31 Introduction ..............................................................................................................................31 DNA Analysis ..........................................................................................................................31 The CSI Effect .........................................................................................................................32 Gunshot Residue Analysis .......................................................................................................33 Ballistics Analysis ....................................................................................................................35 Latent Print Analysis................................................................................................................37 Appendix A Summaries of Case Investigations and Trials ..........................................................38 Appendix B Forensic Evidence Collected and Analyzed ............................................................100 Appendix C Terms .......................................................................................................................119 List of Exhibits Exhibit 1-1: Information on Trials ...................................................................................................4 Exhibit 1-2: Forensic Analysis at Trials ..........................................................................................7 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Chapter 1 Forensic Evidence at Trials Background This report is on the impact of forensic evidence at murder trials. The results are based on transcript reviews of 22 trials from arrests made during the two years of the Phoenix Homicide Clearance project. At these trials, forensic scientists testified on analytical results in the areas of DNA, ballistics, gunshot residue, latent prints, and trace evidence. They testified, for example, that shell casings from the scene were fired from a handgun found at the scene, or that the DNA profile from blood on the defendant’s clothes matched the victim’s DNA profile. Other witnesses also testified at these trials for either the prosecution or defense: eyewitnesses who were at the scene when the murder took place, witnesses who heard something at the scene, and others who had knowledge about the circumstances or persons involved. Police officers and investigators were important witnesses with testimony about activities at the scene, interviews conducted, and the follow-up investigation that led to the defendant’s arrest. A variety of other witnesses—medical examiners, psychologists, and expert witnesses—also testified. Our focus on forensic evidence was to answer the following questions: • What areas of forensic analysis (DNA, gunshot residue, ballistics, etc.) are presented at trials? • Do all trials include these areas of forensic analysis? • What are the issues that arise about the collection and analysis of forensic evidence? • What appears to be the impact of forensic analysis on the outcome of a trial? To address these questions, we obtained trial transcripts for the 22 trials (due to a mistrial in one case and a retrial in another case, there were 20 defendants). The transcripts provided insight into the issues that arose at trials on the collection of forensic evidence and on results obtained from analysis of forensic evidence. Forensic Evidence at Trials • 1 This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. ILJ staff already had a considerable amount of information about the cases because of our evaluation of the Phoenix Homicide Clearance Project. Our information included the original report and all supplements on the cases from the police department’s management information system (PACE) and results of forensic analysis from the crime lab’s information system. We also had the opportunity to talk with investigators about many of the cases and to observe portions of some trials. ILJ staff also conducted personal interviews with three prosecutors in the Maricopa County District Attorney’s office and telephone interviews with four attorneys who had represented defendants at trials included in the study. These interviews were beneficial in gaining additional insight into the role of forensic evidence in murder trials. Charges and Dispositions By way of background, investigators at the Phoenix Police Department made 187 arrests, including multiple arrests for some cases, from the cases that occurred during the two-year project period. The highest charges placed by prosecutors against the 187 arrestees were as follows: • 77 charged with 1st degree murder • 53 charged with 2nd degree murder • 25 charged with manslaughter • 9 charged with negligent homicide • 4 charged with attempted child abuse • 4 charged with assisting a crime syndicate (e.g., gang)1 • 15 charged with other offenses (aggravated assault,
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