Oct 23, 2007 9:51 pm US/Eastern
Judge Throws Out Fingerprint Evidence In Murder
by Suzanne Collins
TOWSON, Md. (WJZ) ―
-
-
Baltimore County Circuit Court Judge Susan Souder has thrown out fingerprint evidence in a fatal shooting. (File)
CBS
A death penalty case involving the murder of a businessman at Security Square Mall has been derailed in court.
Suzanne Collins reports a Baltimore County judge has decided in a most unusual ruling that fingerprint evidence won't be allowed in the case, even though it's used every day around the country.
Business owner Warren Fleming was found slain in his car at Security Square Mall last year. Now the prosecution of Bryan Rose, who's facing the death penalty in that murder, has been put in limbo. A judge delivered a wide reaching ruling that fingerprint evidence is not always 100% accurate, and it may not be used.
The victim's father and state's attorney were stunned.
"This was a brutal murder. My son was murdered and this is crucial evidence that goes to that and without it, it really weakens the case significantly, and she had to know that," said Wayne Fleming, the victim's father.
"To say we did not anticipate that ruling would be an understatement, considering fingerprints have been admissible in American courts for probably 100 years," said Scott Shellenberger, Baltimore County State's Attorney.
The judge did not consider the specific fingerprints in Rose's case, which prosecutors say were left on the victim's Mercedes and a getaway car. But she considered the public defender's argument that mistakes have been made with latent fingerprints in the past and that a study has questioned its reliability.
"There's no standardized training. There's no test of true competency. It's the functional equivalent of 'The Emperor Has No Clothes,'" public defender Patrick Kent said.
Judge Susan Sowder references the Spain terrorist bombings in 2004, in which an Oregon attorney was mistakenly arrested with false fingerprint readings. She mentions a study showing different fingerprint results depending on what the technician is told. The judge says a higher standard is required in a capital case like that of Brian Rose
The death penalty trial was to begin Tuesday in Baltimore County's Circuit Court , but it has been postponed and prosecutors won't say how much evidence they have now that they can't use fingerprints.
"Here we are being experimented upon, and I believe the judge is overreaching," Fleming said.
"We are exploring a number of options, internally and externally, to try and be sure the Fleming family gets some justice in a courtroom," Kent said.
The prosecutor says he's likely to ask the judge to reconsider.
(© MMVII, CBS Broadcasting Inc. All Rights Reserved.)
Click to enlarge
Stumble It!
Comments