Judge bars use of partial prints in murder trial

Bryan Keith Rose faces a possible death sentence if convicted in the Jan. 5, 2006, death of Warren T. Fleming.

By Jennifer McMenamin
Baltimore Sun Reporter
Tuesday, October 23, 2007

A Baltimore County judge has ruled that fingerprint evidence, a mainstay of forensics for nearly a century, is not reliable enough to be used against a homicide defendant facing a possible death sentence - a finding that national experts described yesterday as unprecedented and potentially far-reaching.

Baltimore County Circuit Judge Susan M. Souder's order bars prosecutors from using at trial the partial fingerprints lifted from the Mercedes of a Security Square Mall merchant who was fatally shot last year during an attempted carjacking at the shopping center. Prosecutors say the fingerprints - as well as those found in a stolen Dodge Intrepid in which witnesses said the shooter fled the mall parking lot - link a 23-year-old Baltimore man to the killing.

In her ruling, Souder outlined the long history of fingerprinting as a crime-solving tool but says that such history "does not by itself support the decision to admit it." In explaining her reasoning in a 32-page decision, the judge leaned heavily on the case of an Oregon lawyer mistakenly linked through fingerprint analysis to the 2004 Madrid train bombings.

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Full story here: http://www.baltimoresun.com/news/local/baltimore_county/bal-te.md.co.prints23oct23,0,6370011.story

If you need 32 pages to explain why evidence is not admissible, then one has to wonder if you are stretching the law to fit your personal preference. An opinion about the weight of evidence is left to the jury. This judge sounds like she wants to substitute her opinion for the jury's opinion.

Actually, a century of use does suggest reliability. It is sophistic to compare the scientific comparison of fingerprints to the theory that the earth was flat (see quote of judge). Furthermore, a single example of false comparison is hardly a powerful rebuttal to the century of science. Once again, the media has shown a preference for exaggerating a single judge's mistep to mean something is wrong with an entire system of justice. For further example, read whatever was the last story on the death penalty.

Man indicted by federal grand jury in 2006 killing at mall

By Brent Jones | Baltimore Sun reporter
April 2, 2008

A federal grand jury indicted a 23-year-old man yesterday in the January 2006 fatal shooting of a Security Square Mall merchant, a rare single-murder case for federal prosecutors, who took over after a state judge excluded fingerprint evidence.

That evidence, state prosecutors have said, ties Brian Keith Rose of Baltimore to the death of Warren T. Fleming, 31, owner of a Cingular Wireless store at the Baltimore County mall. Rose was arrested 13 days after the shooting, which police said occurred during a carjacking in the mall parking lot.

Rose was indicted on two counts of attempted carjacking resulting in death and discharging a firearm during a crime of violence. He could get life in prison without parole if convicted. Prosecutors said a decision on whether to seek the death penalty will be made in coming months by the U.S. attorney general.

For the rest of the story, click HERE.

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We hope prosecutors in state court will not bring it upon themselves to appeal to federal court every time they're unhappy with judges' rulings.

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Wow. Isn't that exactly what defendants do? And we don't have a problem with *that*...