Man's Best Friend
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It is often said that dog is man's best friend. Five men are likely saying, "With friends like these who needs enemies?" That's because the men were arrested on the basis of scent lineups. Two of the individuals were charged with Capital Murder before the charges were dropped.
The Innocence Project held a news conference on Monday asking that the Texas Forensic Science Commission ban the use of scent identification lineups. Scent lineups conducted by Fort Bend County Sheriff’s Deputy Keith Pikett are being challenged in two federal lawsuits, filed by men who were accused of crimes partly based on alleged faulty dog scent evidence. The new report released by the Innocence Project alleges that scent lineups are completely unreliable and have contributed to wrongful convictions.
I have had the opportunity to observe Deputy Pikett in trial. I represented an incarcerated client who was bench warranted to testify in trial. The trial involved the identification of the defendant with Deputy Pikett's dogs. I was surprised that scent lineup evidence of this kind could be admitted. One of the problems is that you can't cross examine the dogs. I guess that may be a Crawford, Confrontation Clause issue. Another problem is that this is somehow expert testimony, but there is no scientific evidence to rely on. Deputy Pickett is not a veterinarian. There is no mention of any science in regards to the dog's olfactory glands and whether dogs or certain breeds can follow a scent better than others. The only evidence is that Deputy Pickett trained them and they have done this many times. I guess if you claim to train a person and they perform scent identification they can do scent lineups.
I find the admission of scent lineups to be troubling. I am sure that those claiming to be falsely accused also find this evidence to be troubling.
If you are need of aHouston Criminal Defense Attorney call Texas Board Certifed Attorney Mario Madridat 713-877-9400.
