We Are Experts in Defending Cases With Forensic Evidence
Forensic Defense Strategies (FDS) offers criminal defense attorneys critical assistance in understanding and challenging the forensic evidence in their cases.
Why Choose Us?
Forensic evidence can make or break any case. Jurors often consider it the most important evidence in their deliberations – and from what they see on TV, they put their trust in it. For over a century, prosecutors have relied on forensic science to help link individuals to a crime and secure convictions. Defense attorneys have historically been without the same resources or scientific and technological knowledge to expose the flaws in much of this evidence.
We have decades of experience combating flawed and oversold forensic evidence in the courtroom. We know forensic science and we know how crime labs and testing systems work. We have connections to a wide range of forensic defense experts. Using our experience, knowledge and connections, we can empower any defense attorney, team, or office to challenge forensic evidence.
FDS offers critical support to public defenders, appointed counsel, and private attorneys who are confronting forensic evidence in their cases. We provide individual case-by-case analysis and litigation strategy for all stages of cases – pre-trial, trial and post-trial matters.
DNA & Serology
DNA laboratory reports on the first read seem impossible to comprehend. Scientific and technical jargon mixed with references to biology, population genetics and statistics. We help not only translate these reports for you, but also make them understandable and exploitable – from providing advice on getting the right discovery to understand the conclusions in these reports to crafting a successful theory of defense.
Pattern Matching & Other Forensics
Most “pattern matching” disciplines – fingerprints, firearm toolmarks, bitemarks, tread marks, arson burn markings – lack the validity and reliability that one expects from real science. The same is true for even medical conclusions – SBS/AHT cases, sexual assault injuries and pathology “cause of death” opinions. The application of “forensic science” is broad – from canine tracking to crime lab testing – and the scientific foundation is weak. For far too long forensic evidence has passed without much scrutiny – we are here to help change that.
Forensic evidence can make or break any case.
FDS is an approved forensic expert provider in several Federal and State payment systems around the United States. If we would be new to your jurisdiction, we can work with you to navigate the approval and payment approval process.
FDS does consult with or assist with testifying DNA experts. We have long standing relationships with many of the most respected DNA experts around the world. In our experience, the need for testifying experts is far from the first part of assessing the strength or weaknesses in forensic DNA cases.
Reviewing reports, case file discovery and, if possible, interviewing Government experts will lead to the most comprehensive strategic choices for any case. If a testifying expert can be of assistance, FDS will work to find the best possible expert and assist with the witness preparation, reducing the overall cost of such experts by focusing on the right issues.
Consumptive DNA testing is always a possibility in a case where the items to be tested may have only “Touch” DNA quantities or from the collection of small intimate samples like those from a Rape Kit. FDS has been very successful in getting Judges to recognize the risks of consumptive DNA testing (i.e. the destruction of future independent testing with better DNA chemistries), and understanding the testing processes so that a rush to totally consume a sample can be replaced with the least destructive testing techniques. We assist in assessing the pros and cons of “observing” consumptive Government DNA testing.
FDS has decades of experience with the advantages and disadvantages of DNA retesting. When needed, FDS has assisted clients with identifying additional items of evidence for testing. We work with several national laboratories that provide testing services, all of which employ experienced analysts who can provide trial testimony, as needed, about their testing results. We assist clients in navigating the difficult issues of chain-of-custody and transportation of samples, confidential testing, which testing chemistries may be the most appropriate in your case, defense consumptive testing and disclosure of testing results (when required).