While I think your analysis is a bit cynical...you are right in that LE will have a heck of a time presenting this photo of a silhoutte in court...even though the image may be amazingly suggestive, without the hard science to formulate a plausible explanation for the image, I don't think they would even attempt it. So let's hope that if what they believe they see is the outline of a body, that they are running every test they can to try to prove it.
I'm far more than cynical, which was really a compliment to how I feel about this type of rubbish for evidence -- more than a few trial judges would allow an alleged expert to testify to what made the image or impression.
Impressions are highly subjective and but inkblot material in my book. I am greatly reminded of how such nonsense was used in the first trial of Dr. Sam Sheppard in 1954. On the witness stand, the coroner, Dr. Gerber, described what he found on the bloody pillowcase from the murder bed.
DR. GERBER: "In this bloodstain [on the pillow], I could make out the impression of a
surgical instrument."
Dr. Gerber went on to testify that Marilyn Sheppard was slain by blows to her head from a heavy two-bladed surgical instrument that was around three inches long and that had teeth on the end of each blade. Dr. Gerber further testified that the surgical instrument contained teeth or claws that made an impression upon the pillow, which left an unmistakable
‘blood signature.’]
The jury convicted Dr. Sheppard of murdering his wife, Marilyn Sheppard, and twelve years passed before Dr. Sheppard won his appeal (poisoned venue) and a second trial was held in 1966 in which Dr. Sheppard was acquitted. Under cross-examination in the second trial, Dr. Gerber responded to the following questions from the defense attorney relating to the 'surgical instrument'.
DEFENSE ATTORNEY: Well, now, Dr. Gerber, just what kind of surgical instrument do you see here?
GERBER: I'm not sure.
DEFENSE ATTORNEY: Would it be an instrument you yourself have handled?
GERBER: I don't know if I've handled one or not.
DEFENSE ATTORNEY: Of course, you have been a surgeon, have you, doctor?
GERBER: No.
DEFENSE ATTORNEY: Do you have such an instrument back at your office?
GERBER: [Shakes head to indicate no.]
DEFENSE ATTORNEY: Have you seen such an instrument in any hospital, or medical supply catalogue, or anywhere else, Dr. Gerber?
GERBER: No, not that I can remember.
DEFENSE ATTORNEY: Tell the jury, doctor, where you have searched for the instrument during the last twelve years.
GERBER: Oh, I have looked all over the United States.
DEFENSE ATTORNEY: And you didn't describe this phantom impression as a surgical instrument just to hurt Sam Sheppard's case, did you doctor? You wouldn't do that, would you?
GERBER: Oh no. Oh no.
Dr. Gerber was the star witness in the first trial. His testimony destroyed the Sheppard family.
(Impression analyses malarkey and dribble is not even junk science in my book; I hold it to be an exercise in cauldron stirring 101 ... double bubble, toil and trouble, cauldron burn, cauldron bubble. )