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https://www.koin.com/news/oregon/oregon-appeals-court-finds-gun-forensics- method-is-not-scientifically-valid/

PORTLAND, Ore. (KOIN) – Major changes could be coming to the way shootings
are prosecuted in Oregon after a recent state appeals court ruling.

The case centers around the forensic practice of matching markings on
bullets to specific guns under the Association of Firearm and Toolmark Examiners (AFTE) method.

While the method has been used for decades, some critics argue that it is
not based on measurable science.

Now, the Oregon Court of Appeals agrees – overturning a case that relied
on the method.

In a May 29 decision, the appeals court found that the state did not prove
the method is “scientifically valid.”

Plaintiff Odell Tony Adams was appealing convictions for unlawful use of a weapon with a firearm and second-degree criminal mischief.

As part of his appeal, Adams argued that the court erred by admitting
testimony and a report of an expert as scientific evidence. According to
court documents, the expert used the AFTE method and “identified”
cartridge cases that were found at the scene of a shooting as having been
fired from a gun that was found in Adams’ home.

Adams argued that the state “failed to establish that the AFTE method is scientifically valid and thus that evidence based on it is admissible.”
The appeals court agreed with Adams.

The case stems from a 2018 shooting at the Speakeasy Lounge. At the scene, police found several .40 caliber shell cases on the ground along with
bullet holes in two cars parked in the nightclub’s parking lot, according
to court documents.

Police later obtained a warrant to search Adams’ home, where officers
seized a Taurus handgun, court documents state.

While prepping the state’s case against Adams, a forensic examiner used
the AFTE method to analyze the gun and the cartridge cases found at the
scene, court records say.

The examiner determined that the gun seized from Adams’ home fired 10
cases found at the scene of the crime. Another AFTE examiner analyzed the
gun and agreed with the original findings, court documents state.

Court documents from the appeals court describe scientific evidence, in
part, as evidence that “draws its convincing force from some principle of science, mathematics and the like.”

The court explained, “the state did not meet its burden to show that the
AFTE method is scientifically valid, that is, that it is capable of
measuring what it purports to measure and is able to produce consistent
results when replicated.”

The court continued, “That is so because the method does not actually
measure the degree of correspondence between shell cases or bullets;
rather, the practitioner’s decision on whether the degree of
correspondence indicates a match ultimately depends entirely on
subjective, unarticulated standards and criteria arrived at through the training and individualized experience of the practitioner.”

“The state did not show that the method is replicable and therefore
reliable: The method does not produce consistent results when replicated because it cannot be replicated. Multiple practitioners may analyze the
same items and reach the same result, but each practitioner reaches that
result based on application of their own subjective and unarticulated standards, not application of the same standards,” the appeals court
added.

The appeals court noted that Adams was tried on a federal charge from the
same incident. In that case, Adams was granted a motion to exclude
scientific testimony of an AFTE examiner who analyzed the same gun and cartridge.

In response to the appeals court finding, the office of Oregon Attorney
General Dan Rayfield told KOIN 6 News his office is planning to seek
review by the Oregon Supreme Court and is working with law enforcement and prosecutors to determine next steps.


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November 5, 2024 - Congratulations President Donald Trump. We look
forward to America being great again.

We live in a time where intelligent people are being silenced so that
stupid people won't be offended.

Every day is an IQ test. Some pass, some, not so much.

Thank you for cleaning up the disasters of the 2008-2017, 2020-2024 Obama
/ Biden / Harris fiascos, President Trump.

Under Barack Obama's leadership, the United States of America became the
The World According To Garp. Obama sold out heterosexuals for Hollywood
queer liberal democrat donors.

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