Turmoil at the Lab
By now just about everyone around town has heard of the recent developments at the Monroe County Crime Lab, where the lab’s director was initially placed on paid leave and then subsequently fired in the wake of a report from the State Inspector General’s Office criticizing certain practices at the lab.
I can’t think of a television show in the history of the medium has had a larger effect on the real world subject matter it is based on more than the CSI franchise. All three (is it only three?) of the shows are so popular and so widely viewed that it has become an accepted truism among the criminal practice bar that jurors are almost universally swayed by the “CSI effect,” meaning that jurors within the last 4 to 5 years have been conditioned by the shows to expect to be presented with forensic scientific evidence, such as DNA, in every case. Furthermore jurors are more likely to expect that the scientific evidence will present them with a definitive answer as to what actually happened in the case they are evaluating.
Actually I think the “CSI effect” is more subconscious than anything. Reasonable people, when asked, are universally going to tell an attorney during jury selection that they realize that CSI is just a television show and not necessarily reflective of real-world forensics, police practices and/or legal procedure. However – and I have seen it happen – jurors will sometimes emerge from the deliberation room following the verdict and ask of, or state to, the judge that their conclusions were based on unrealistic expectations of the meaning or value of the forensics (or lack thereof). That’s the “CSI Effect” in action.
Which brings us back to our lab here in Monroe County. Even that is a bit of a misnomer, to call it the Monroe County Crime Lab, when it actually also serves all of the surrounding counties as well. As a criminal lawyer, whether a prosecutor or defense attorney, I depend on that lab to produce accurate, reliable and understandable results on any case that I handle. However, I am just one lawyer among many in this area. My cases are only a few of the thousands and thousands that are processed through our local criminal courts each year. And everybody – including the personnel at the lab – understands that juries want, if not require, results on the evidence the lab analyzes. Add that volume of cases and the demands from prosecutors, defense lawyers, police and others and you can begin to understand how close to impossible it might be for our lab to be completely caught up on all the testing it is asked to do.
Now, I don’t work at the lab. I haven’t worked at the DA’s Office in seven months or so. I don’t know everything about what went on with our former lab director, so I am in no position to pass judgment on her job performance. What I can say, however, is that I am sympathetic to the dynamics of her job, which was not an easy one by any means.
I understand that John Clark has been named as interim director. He works at the lab as the director of the firearms section. I have the utmost respect for John. You will not find a more professional and competent person in his field, and I am sure he will do an outstanding job in his new role.
This has been an interesting situation to watch unfold, and I get the feeling we don’t have the full story yet. Because these developments directly affect my clients, you can be sure I will be watching closely.
Spam Attack
Since I opened the firm and launched the website, I’ve gotten tons of spam through the contact page and the comment section of the blog. Some of this stuff is really hilarious so I thought I’d share a few of the highlights to brighten up your Monday:
- This from “klick hier” seems a tad too philosophical for my taste:
“Great write-up, I am normal visitor of one’s website, maintain up the excellent operate, and It’s going to be a regular visitor for a long time. “Our opinions do not really blossom into fruition until we have expressed them to someone else.” by Mark Twain.”
- From “hosting reseller”:
“I like this web blog its a master peace ! Glad I detected this on google”
Who doesn’t like detecting on google? However, I’m sure RocITOut will be glad you think my page is a “master peace.”
- My personal favorite so far, from “Clarissa Gonya”:
“You are a very intelligent person!”
“Clarissa,” thanks! You have great taste in lawyers!
- “Jesus” with his $0.02 on the real estate market:
“I have noticed that over the coruse of constructing a relationship with real estate managers, you’ll be able to get them to understand that, in every single real estate contract, a commission is paid.”
- I must confess “Mustafa” that I have no idea what you’re talking about, but it sounds like a good time:
“Thanks so much for your interest in coimng Amy! Gosh, I would love to see you and meet your husband. These breakfasts are usually just for women but they are going to host an event for couples when we come to speak. Unfortunately, we had to postpone this event because Connor’s musical is the same weekend! I will put up the new date as soon as it’s scheduled. I hope you can make it!!”
- And last but not least, “Shiroh” makes it clear – don’t mess with “Sparta!” (I think they made a movie about that once.):
“Well, I for one have know Sparta for about 20 years and if someone has a bone to pick with her they need to unadrstend that I am in her corner.”
I have no clue where most of this stuff comes from. Maybe Shawn does. But it sure is some funny stuff sometimes.
Have a great week!
– Matt
Congratulations!
I just want to congratulate my lovely wife, Alison J. Rich, Esq., for being named a 2012 Up and Coming Attorney by the Daily Record.
If you have legal needs in the areas of commercial or residential real estate, wills trusts and estates, corporate law, or tax matters, give Alison a call at 241-5999 or email her at arich@evansfox.com.
And just so everyone knows, I am totally comfortable with being the second best attorney living at my house!
Thanks NYRA
Quick shout-out to Mike and the fellas at NYRA Trophies and Awards for the nice job they did mounting some momentos for me to display at the office.
Petit Larceny charge resolved
Last Thursday night in Gates Town Court I was able to negotiate an Adjournment in Contemplation of Dismissal for a younger client. This was made possible by my suggestion that he, and his willingness to, participate in the BBB Stop Shoplifting Program. This is an excellent program tailored perfectly for younger clients to be able to “earn” an ACD in a case like this. Another good creative solution for one of my clients facing a criminal conviction.
For more information regarding the Stop Shoplifting Program, contact the BBB of Upstate.
(Past results do not necessarily reflect future outcomes.)