Deposition: Michael Vincent, CSI

[strach304]

Didn't we determine over 2 yrs ago that 3-week old pizza dries up & has no smell? I remember performing this experiment . . . didn't have the dead body to compare to, though.

Garbage smell v death smell = no comparison

I believe some posters here did that test and also duct tape. I was sure the body farm did it as well. In fact not just pizza but dead squirrels.

 

[strach304]

That wouldn't be a bad idea. I don't really don't understand why this is a 'Frye' issue. Dogs have been used for decades to follow scent trails, search and rescue, hunting, etc., why all of the sudden is this 'idea' new?

The judge already said it isn't a frye issue. That evidence has been accepted and used at trials for a long time. They are doing a hearing about admitting the dog evidence but not Frye. The defense will try to prove it or the dogs themselves aren't reliable. The dogs training and accuracy rating will be what's pertinent for a decision to allow it or not. This and spoliation of evidence (trash) are all motions the defense filed to be inadmissible but are not Frye issue. I believe there is also a special instruction given to the jury about how much weight to give the dog evidence when it is allowed at trial.

 

[Trapshooter]

The judge already said it isn't a frye issue. That evidence has been accepted and used at trials for a long time. They are doing a hearing about admitting the dog evidence but not Frye. The defense will try to prove it or the dogs themselves aren't reliable. The dogs training and accuracy rating will be what's pertinent for a decision to allow it or not. This and spoliation of evidence (trash) are all motions the defense filed to be inadmissible but are not Frye issue. I believe there is also a special instruction given to the jury about how much weight to give the dog evidence when it is allowed at trial.

Strach304 I'm confused.....I thought the Frye hearings were to determine which "scientific tests" would be admissible? Like the, per JB "sniffer stuff" (air testing) performed by Dr. Vass?

 

[strach304]

Strach304 I'm confused.....I thought the Frye hearings were to determine which "scientific tests" would be admissible? Like the, per JB "sniffer stuff" (air testing) performed by Dr. Vass?

Yes it is. What they have to hash out is whether the science is accepted and reliable, error rate, etc. The air samples have never been presented in court up until now if JP allows it. DNA was Frye at one time like the dogs. Those are both accepted science that is admissible unless there was some other reason to disallow it. For instance the dogs track record for accuracy, training, etc. these dogs that were used in this case. The science of the dogs isn't in dispute. It's these particular dogs JP must evaluate. Even in cases involving dna which we now know are very accurate a defense attorney will still attack that evidence if they can prove it was mishandled, etc. It has to be peer reviewed and generally accepted by others in that field and an error rating given so the jurors know how much weight to give said evidence. Make sense? I don't always explain things very well.

 

[okiedokietoo]

http://www.wftv.com/news/17292628/detail.html
Final Test Of "Rotten Pizza Theory" Has No Decomposition Smell
Posted: 6:13 pm EDT August 25, 2008
Updated: 6:25 pm EDT August 25, 2008

http://www.wftv.com/video/17292678/index.html
VIDEO REPORT: Eyewitness News Completes Second "Rotten Pizza Theory" Experiment