National Commission on Forensic Science Meeting #13 April 10-11, 2017 Department of Justice, Office of Justice Programs Building 810 Seventh Street, NW, Washington, DC NATIONAL COMMISSION ON FORENSIC SCIENCE Meeting #13 April 10–11, 2017 Department of Justice, Office of Justice Programs Building 810 Seventh Street, NW, Washington, DC 20531 Contents 1. Introduction 2. NCFS Meeting #13 Agenda 3. Meeting Summary 4. Voting Results 5. Attendee List 6. Transcript 1. Introduction The thirteenth meeting of the National Commission on Forensic Science (NCFS) was held on April 10–11, 2017, in Washington, DC, at the Office of Justice Programs (OJP) building. The meeting commenced with opening remarks from Andrew D. Goldsmith, Associate Deputy Attorney General and National Criminal Discovery Coordinator, U.S. Department of Justice (DOJ), and Dr. Kent Rochford, Acting Director of the National Institute of Standards and Technology (NIST). Following the opening remarks, the Honorable Pam King, a member of the Subcommittee on Procedures and Operations (SPO), presented the SPO update, which focused on the NCFS Summary Report, Reflecting Back—Looking Toward the Future. Elham Tabassi (Electronics Engineer, NIST) presented on the development of an International Organization for Standardization (ISO) standard on method validation. Following Ms. Tabassi’s discussion were two panel sessions, which concluded the day. The first panel discussed wrongful convictions and included talks from Keith Harward (DNA Exoneree), David Angel (Assistant District Attorney, Santa Clara), Priya Sarathy-Jones (Policy Advisor, Bureau of Justice Assistance [BJA]), Gerald LaPorte (Director, Office of Investigative and Forensic Sciences, National Institute of Justice [NIJ]), and Madeline deLone (Executive Director, Innocence Project). The second panel presented on notification and education regarding forensic science and victims. The presenters on this panel included Natasha Alexenko (Founder/Survivor, Natasha’s Justice Project), Gina Scaramella (Executive Director, Boston Area Rape Crisis Center), and Dr. Rebecca Campbell (Professor of Psychology, Michigan State University). Day 2, April 11, of NCFS Meeting #13 opened with a discussion on forensic laboratory financial management and return on investment by Dr. Paul Speaker (Professor, West Virginia University). Two panels composed of representatives from professional organizations provided feedback on the impact of NCFS. The first panel spoke from the forensic science legal perspective and included speakers William J. Fitzpatrick (Chairman of the Board, National District Attorneys Association), Hon. David Waxse (former Chair of the Judicial Division, American Bar 1 National Commission on Forensic Science Meeting #13 • April 10–11, 2017 Association), and Vanessa Antoun (Senior Research Counsel, National Association of Criminal Defense Lawyers). The second professional organizations panel provided the forensic science practitioner perspective and included speakers Jeremy Triplett (President, American Society of Crime Laboratory Directors), C. Ken Williams (Board of Director Criminalistics Section Representative, American Academy of Forensic Sciences), H.W. “Rus” Ruslander (President, International Association for Identification), Dr. Randy Hanzlick (Past-President, National Association of Medical Examiners), Frank DePaolo (President, International Association of Coroners and Medical Examiners), Dr. Timothy P. Scanlan (National Sheriffs’Association), and John Grassel (Co-Chair, Forensic Science Committee, International Association of Chiefs of Police). A panel also presented on training and continuing education in forensic science. The speakers on this panel included NCFS Commissioner Hon. Barbara Hervey (Judge, Texas Court of Criminal Appeals), Carol Henderson (Director, National Clearinghouse for Science, Technology and the Law at Stetson University College of Law), Angela Williamson, Ph.D. (Senior Program Analyst, BJA), Hon. Ron Reinstein (Judicial Consultant, Arizona Supreme Court), Kevin Lothridge (Chief Executive Officer, National Forensic Science Technology Center). The meeting concluded with closing remarks from the vice co-chairs. A subcommittee report from the Reporting and Testimony subcommittee was provided on Day 1 (April 10). The 2 final draft work products presented by the subcommittee did not achieve the two-thirds affirmative majority vote that is required for approval and therefore were not adopted by the Commission. The Subcommittee on Procedures and Operations (SPO) presented the NCFS Summary Report, Reflecting Back—Looking Toward the Future, for vote as a Commission Business document on Day 1 as well. This report achieved the simple majority affirmative vote that is required for Commission Business documents and was approved by the Commission. The summary of the voting results can be found in Section 4: Voting Results. No public comments were made during the open oral public comment period on Monday, April 10. On Tuesday, April 11, there was 1 oral public comment. Meeting materials, including PDF files for presentations, final draft work products, public comment adjudication summaries, and the NCFS summary report, may be found on the NCFS website at https://www.justice.gov/ncfs/meeting-materials-term-2#mtg13. Archived videos from the webcast of the entire meeting are available for viewing at https://www.nist.gov/topics/forensic-science/ncfs-meeting-13-webcast. 2 National Commission on Forensic Science Meeting #13 • April 10–11, 2017 2. NCFS Meeting #13 Agenda NATIONAL COMMISSION ON FORENSIC SCIENCE April 10–11, 2017 Department of Justice, Office of Justice Programs Building 810 Seventh Street, NW, Washington, DC 20531, Main Conference Room, #3101 AGENDA—MONDAY, APRIL 10, 2017 9:00 a.m. – 9:30 a.m. Call to Order/Opening Remarks Andrew D. Goldsmith, Associate Deputy Attorney General and National Criminal Discovery Coordinator, U.S. Department of Justice Kent B. Rochford, Ph.D., Acting Director, National Institute of Standards and Technology 9:30 a.m. – 10:00 a.m. Subcommittee on Procedures and Operations (SPO) Hon. Pam King, NCFS Commissioner, SPO Member 10:00 a.m. – 11:30 a.m. Reporting and Testing Subcommittee Report Judge Jed Rakoff and Matt Redle, Co-Chairs Final Work Products for Vote: Views on Statistical Statements in Forensic Testimony; Views on Report and Case Record Contents 11:30 a.m. – 12:00 p.m. BREAK (lunch distributed) 12:00 p.m. – 12:30 p.m. WORKING LUNCH: Development of ISO Standard on Method Validation Elham Tabassi, Electronics Engineer, Information Access Division, Information Technology Laboratory, National Institute of Standards and Technology 12:30 p.m. – 2:15 p.m. Wrongful Convictions Panel Keith Harward, DNA Exoneree David Angel, Assistant District Attorney Santa Clara Priya Sarathy-Jones, Policy Advisor, Bureau of Justice Assistance Gerald LaPorte, Director, National Institute of Justice’s Office of Investigative and Forensic Sciences Gregory Dutton, Ph.D., Physical Scientist, National Institute of Justice’s Office of Investigative and Forensic Sciences Madeline deLone, Executive Director, Innocence Project 2:15 p.m. – 2:30 p.m. BREAK 3 National Commission on Forensic Science Meeting #13 • April 10–11, 2017 2:30 p.m. – 4:00 p.m. Forensic Science and Victims: Notification and Education Panel Natasha Alexenko, Founder/Survivor, Natasha’s Justice Project Gina Scaramella, M.S.W., LICSW, Executive Director, Boston Area Rape Crisis Center Rebecca Campbell, Ph.D., Professor of Psychology, Michigan State University 4:00 p.m. – 4:45 p.m. Wrap-Up 4:45 p.m. – 5:00 p.m. Public Comment Period 5:00 p.m. Commission Meeting Adjournment AGENDA—TUESDAY, APRIL 11, 2017 9:00 a.m. Call to Order 9:00 a.m. – 10:00 a.m. Forensic Laboratory Financial Management/Return on Investment Paul Speaker, Ph.D., Professor, West Virginia University 10:00 a.m. – 11:00 a.m. Feedback from Professional Organizations: Forensic Science Legal Perspectives Panel William J. Fitzpatrick, District Attorney, Onondaga County DA’s Office, and Chairman of the Board, National District Attorneys Association Hon. David Waxse, United States Magistrate Judge for the United States District Court for the District of Kansas, and former Chair of the Judicial Division, American Bar Association Vanessa Antoun, Senior Research Counsel, National Association of Criminal Defense Lawyers 11:00 a.m. – 11:30 a.m. BREAK (lunch distributed) 11:30 a.m. – 1:15 p.m. WORKING LUNCH: Training and Continuing Education Panel Hon. Barbara Hervey, Judge, Texas Court of Criminal Appeals Carol Henderson, Director, National Clearinghouse for Science, Technology and the Law at Stetson University College of Law Angela Williamson, Ph.D., Program Analyst, Bureau of Justice Assistance Hon. Ron Reinstein, Judicial Consultant, Arizona Supreme Court & Retired Judge, Superior Court of Arizona Kevin Lothridge, Chief Executive Officer, National Forensic Science Technology Center 1:15 p.m. – 1:30 p.m. BREAK 1:30 p.m. – 3:30 p.m. Feedback from Professional Organizations: Forensic Science Practitioner Perspectives Panel Jeremy Triplett, President, American Society of Crime Lab Directors C. Ken Williams, Board of Director Criminalistics Section Representative, American Academy of Forensic Sciences H.W. “Rus” Ruslander, President, International Association for Identification 4 National Commission on Forensic Science Meeting #13 • April 10–11, 2017 Randy Hanzlick, M.D., Past-President, National Association of Medical Examiners Frank DePaolo, President, International Association