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Biological Trace Recovery

Too much doubt to execute W.T. Montgomery, please sign this petition

Posted By Richard Eikelenboom

Please sign this petition.

As a forensic scientist I normally do not get involved in petitions and politics, but in this case there is so much at stake and in order to find the truth W.T. Montgomery should not be killed on April 11, 2018. Time is needed to prove his innocence (or guilt). If he is killed that is not possible anymore.

We met W.T. Montgomery on death row and he certainly did not show signs of being a psychopat who killed two girls in cold blood. I have met serial killers and a number of suspects in court who were convicted partly on forensic evidence I found in their cases. This certainly does not maken me an experts on criminal behaviour and able to recognize every psychopath. In order the identify the psychopaths I rely on forensic science, DNA, bloodstain pattern analysis crime scene reconstruction, etc.

More information about the forensic problems in this case, you can find here. here you find the parole board recommendation  and here the clemency application

More news articles and here

 

 

 

 

 

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Biological Trace Recovery Crime Scene Reconstruction Forensic Medical Investigation Touch DNA

W.T. Montgomery’s death row case: A short review by Richard Eikelenboom

Posted By Richard Eikelenboom

In this article more will be explained about the case of W.T. Montgomery.

William Montgomery was convicted of killing Ms. Ogle, 20, as part of a Toledo robbery on March 8, 1986, and then returning to kill her roommate, Cynthia Tincher, 19, because she could have placed Montgomery and his convicted accomplice, Grover Heard, with Ms. Ogle that night. Montgomery was sentenced to death for Ms. Ogle’s murder and is scheduled to die by lethal injection on April 11, 2018. He is serving a separate life sentence for Ms. Tincher’s murder.

The Toledo Blade placed this article last Friday. The San Fransisco Chronicle had  this article.

The journal times published this.

There is a certain amount of doubt in this case. The experts at Independent Forensic Services do “truth finding”. We are hired by both the prosecution and defense and make it clear from the start that what we do is to scientifically test the hypotheses from both parties and determine which hypothesis is supported by the evidence, regardless of who proposed the hypothesis. To see this case in perspective more information is needed than what is published by the newspapers.

Background of the case

The hypothesis of the prosecution is that these girls were killed by the same perpetrator shortly after one another on March 8, 1986. Victim Tincher was found on March 8, 1986, in her car along a road. Victim Ogle was found four days later in a wooded area. A proper investigation into the time of death of these victims has never been performed and a forensic medical report was never written. My wife Selma Eikelenboom-Schieveld conducted an investigation into the time of death of the victim Debra Ogle. This investigation revealed that is was much more likely that Debra Ogle was killed on a later date than the victim Tincher. This discredits the theory of the prosecution. But there is more .

Review of the case

In this case there are factors which should cause serious concern about the guilt of W.T. Montgomery.

  1. This case was tried in 1986. Forensic science was not very sophisticated compared to 2018. The National Academy of Sciences (NAS) reviewed a number of fields in forensic in their report: “strengthening forensic science in the united states: a path forward”. “the quality of forensic practice in most disciplines varies greatly because of the absence of adequate training and continuing education, rigorous mandatory certification and accreditation programs, adherence to robust performance standards, and effective oversight. These shortcomings obviously pose a continuing and serious threat to the quality and credibility of forensic science practice.” This is certainly true for all investigations performed in 1986 on the gun, exhibit 45, in this case.
  2. The body of Debra Ogle was found four days after Tincher’s. In the scenario of the prosecution Ogle was killed first. Which would mean that she was dead for four days when she was found. Warming up the body of Debra Ogle will have accelerated the decomposition and the postmortem indicators, like rigor and livor.
  3. The body of Debra Ogle was discovered face down. She was then moved to her left side. She was then moved to her back. Lividity shifted accordingly. This proofs that not all the lividity was fixed at the moment of discovery of the body. The finding of non-fixed lividity does not support the hypotheses that the victim died on March 8, 1986. The finding of non-fixed lividity puts the time since death somewhere between 12 hours to a maximum of 36 hours prior discovery of the body.
  4. There is no sign of animal activity, neither from insects nor from animals like rodents. Especially the area of injuries would have been targeted by such animals. In the four days temperatures Rose to the sixties, at these temperature insects are active.
  5. It appears that the coroner’s verdict about the date of death of Ogle has been altered from March 12, 1986 to March 8, 1986. This is a strange finding which should be investigated further. Why did the coroner change his first conclusion?
  6. No receipt of the gun, exhibit 45, was found in the evidence released to IFS. The gun is the main piece of evidence which supposedly belonged to Montgomery and which was “matched with the bullets, cartridges, and casings found at the crime scenes of Tincher and Ogle. From a key piece of evidence one could expect that the chain of custody was properly documented, even in 1986.
  7. No blood tests were performed on the gun exhibit 45. Since both victims sustained a contact shots to the head is almost certain that the gun used contained their blood. Why was this not investigated? We can do it now, even after 30 years.
  8. No counter expertise was performed on gun and the “matches” with the bullets, cartridges, and casings. This could be a mistake of the defense but when you want to execute someone, a check of this evidence, in my opinion, would be important. E.G. the FBI could perform this counter expertise. (//www.fbi.gov/services/laboratory/scientific-analysis/firearms-toolmarks)
  9. Blood tests were performed on a small number of items but much more clothing of both defendants Heard and Montgomery should have been investigated. If the evidence is still present investigations could be performed by IFS.
  10. Bloodstain pattern analysis and crime scene reconstructions could have been performed in 1986. There is no evidence in the files IFS has received that this has taken place. IFS could do it now if all evidence and all pictures are provided to us.
  11. IFS does not have all the pictures in this case, but it is clear that more pictures should have been taken from victim crime scenes and all evidence. Even in 1986 this was normal practice with most police forces. In other old cases we worked on, much more pictures were available.
  12. A gun belonging to of grandmother of Glover Heard, a 38 special, was not brought into evidence. Although Glover Heard was a suspect. One injury to the skull of Debra Ogle is likely caused by a much heavier caliber gun than the .380 Bersa linked to the crimes. A 38 special would be a more likely gun to cause the damage to the skull of Debra Ogle.
  13. It is almost certain that a .380 gun malfunctioned on the crime scene of Debra Ogle. Two live cartridges were found at the scene. This supports the hypothesis that a second, more powerful, gun was used to kill Debra Ogle.
  14. This case relies heavily on witnesses. Witnesses are often proven wrong by DNA investigations, bloodstain pattern analysis and crime scene reconstructions. As a forensic scientist, I think forensic science is more reliable, when performed correctly, than certain eyewitnesses. Especially as the witness could get a death sentence unless he/she testifies.
  15. Touch DNA could shed light on the events that happened around the time the two girls were killed. Ogle had an injury on her arm which could have been caused during a struggle with the shooter. The jacket of Ogle can be investigated for touch DNA. DNA testing on the clothing of victims, suspects, gun cartridges and shell casings, which might be still available should be considered.
  16. Other persons than the two defendants could have been involved in the homicides. The statements described in police reports don’t reflect that, but does not mean that other persons than the defendants could have been involved. We see that in other cases and with DNA we were able to prove that.
  17. IFS would have performed DNA investigations on a limited number of samples for free. We also warned Montgomery that the case would be over as soon as we would find incriminating evidence. We did several cases where our investigations were more incriminating for the defense and we reported that to the courts. It could be part of a deal to report for a judge whatever the outcome of our investigations, so the defense cannot withhold our findings. Montgomery does have no problem to let us do a full investigation to find out what really happened during these two homicides. That is a dangerous thing to do if you are guilty.
  18. In their presentation for the parole board the DA’s have a slide that states that “unfired bullet from Tincher/Ogle apartment, copper jacketed, aluminum cartridge” This cartridge seems to have a lead bullet and not copper as seen on the other pictures. If this conclusion was drawn by a gun expert than there is a problem and it casts doubt on the rest of the investigation of the gun, casings, live rounds and bullets.
  19. There seems no clear motive for Montgomery to kill Ogle and Tincher.

 

From the NAS report:

“Challenges Facing the Forensic Science Community

For decades, the forensic science disciplines have produced valuable evidence that has contributed to the successful prosecution and conviction of criminals as well as to the exoneration of innocent people. Over the last two decades, advances in some forensic science disciplines, especially the use of DNA technology, have demonstrated that some areas of forensic science have great additional potential to help law enforcement identify criminals. Many crimes that may have gone unsolved are now being solved because forensic science is helping to identify the perpetrators.Those advances, however, also have revealed that, in some cases, substantive information and testimony based on faulty forensic science analyses may have contributed to wrongful convictions of innocent people. This fact has demonstrated the potential danger of giving undue weight to evidence and testimony derived from imperfect testing and analysis. Moreover, imprecise or exaggerated expert testimony has sometimes contributed to the admission of erroneous or misleading evidence. Further advances in the forensic science disciplines will serve three important purposes. First, further improvements will assist law enforcement officials in the course of their investigations to identify perpetrators with higher reliability. Second, further improvements in forensic science practices should reduce the occurrence of wrongful convictions, which reduces the risk that true offenders continue to commit crimes while innocent persons inappropriately serve time. Third, any improvements in the forensic science disciplines will undoubtedly enhance the Nation’s ability to address the needs of homeland security.”

“Lack of Mandatory Standardization, Certification, and Accreditation. The fragmentation problem is compounded because operational principles and procedures for many forensic science disciplines are not standardized or embraced, either between or within jurisdictions. There is no uniformity in the certification of forensic practitioners, or in the accreditation of crime laboratories. Indeed, most jurisdictions do not require forensic practitioners to be certified, and most forensic science disciplines have no mandatory certification programs. Moreover, accreditation of crime laboratories is not required in most jurisdictions. Often there are no standard protocols governing forensic practice in a given discipline. And, even when protocols are in place (e.g., SWG standards), they often are vague and not enforced in any meaningful way. In short, the quality of forensic practice in most disciplines varies greatly because of the absence of adequate training and continuing education, rigorous mandatory certification and accreditation programs, adherence to robust performance standards, and effective oversight. These shortcomings obviously pose a continuing and serious threat to the quality and credibility of forensic science practice.”

“Problems Relating to the Interpretation of Forensic Evidence. Often in criminal prosecutions and civil litigation, forensic evidence is offered to support conclusions about “individualization” (sometimes referred to as “matching” a specimen to a particular individual or other source) or about classification of the source of the specimen into one of several categories. With the exception of nuclear DNA analysis, however, no forensic method has been rigorously shown to have the capacity to consistently, and with a high degree of certainty, demonstrate a connection between evidence and a specific individual or source. In terms of scientific basis, the analytically based disciplines generally hold a notable edge over disciplines based on expert interpretation.”

to be continued…

 

 

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IFS Articles

Evidence muddies in Montgomery case

Posted By IFS

COLUMBUS, Ohio (AP) — Death penalty opponents say prosecutors’ theories in the case of a condemned Ohio killer set to die next month have been disproven by a forensic examination. Read more

 

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IFS Articles

IFS at press conference William Montgomery

Posted By IFS

Too much doubt to execute William Montgomery.

COLUMBUS — When a lawyer for William T. Montgomery appears before the Ohio Parole Board on Thursday, he will not admit his client’s guilt but instead argue that the wrong man is headed for the lethal injection gurney.

Read the whole story here

(meer…)

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CYP450

Mass Shootings Likely Linked to Psychiatric Meds

Posted By IFS

Yesterday an article in the newsletter of The Pulse of Natural Health about the link between psychiatric meds and mass shootings.

IFS performs DNA testing on the cytochrome P450 system to determine the genetic defects. Contact us here to explore the possibilities.

Read the whole article in the newsletter of The Pulse of Natural Health here

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Crime Scene Reconstruction

Ann Bender faces a fourth court trial in Costa Rica. Comments by Richard Eikelenboom

Posted By Richard Eikelenboom

IFS WORKED ON THE ANN BENDER CASE IN COSTA RICA AND PERFORMED A CRIME SCENE RECONSTRUCTION

‘He wanted to die’: Wife of Wall Street tycoon who ‘shot and killed himself in their Costa Rican compound’ says she woke up and saw him pull the trigger in bed as she faces her fourth murder trial. The Daily Mail of February 11, 2018 wrote this new article.

Investigators in Costa Rica ruled this incident a homicide. When looking over the scientific evidence if became clear that it did not support a scenario as described by the DA. In his scenario, movement of the victim after the shot was not included. Bloodstain evidence proved without a doubt that the victim’s body moved from postion. The bloodstain evidence showed his basic position when the shot went of. The location of the shell behind the bed could be explained by the postion of the gun in the hand of the victim when the shot went off, not by Ann Bender holding the gun while standing behind the bed shooting the victim in the head. The location of the gun left of the bed was explained by the DA as planted by Ann. Why she would plant a gun on a location which is not logical is unclear, the  same goes for the shell. The location of the gun is better explained by the initial postion of the victim’s body when he was holding the gun when it went off. For the third trial IFS conducted over 30 different experiments which supported a scenario of suicide much more than a scenario of homicide. Preparing the trial presented us with different challenges because of the judicial system in Costa Rica. New experts and reports are officially not allowed in a trial so it was problematic to present the evidence of the experiments performed by us. I was allowed to ask questions to the experts of the DA which is not a role I perform normally. My wife Selma could only testify in this case because an expert of the DA did not show up. After this third trial Ann Bender was acquitted. But as explained in the article above, the legal system in Costa Rica doesn’t know double jeopardy so the DA is preparing for a fourth trial.

CBS made a documentary about this case. See the documentary here

A short documentary with Richard and Selma Eikelenboom giving comments  about the case. After the initial investigations for CBS on the place of the incident and some of the evidence we conducted experiments to test the scenario’s of homicide and suicide.

To be continued…..

 

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CYP450

Moord op recept

Posted By IFS

Gisterenavond zond Zembla op Nederland 1 een documentaire uit over de relatie tussen antidepressiva en geweld. IFS heeft aan de “Batman-shooter” zaak die hierin wordt besproken gewerkt door de CYP’s van de dader te onderzoeken op afwijkingen.

Lees ook het verhaal erachter op de website van Zembla.

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IFS Articles

Jailed 28 years for a crime he didn’t commit, Moses-EL is now suing Denver

Posted By Richard Eikelenboom

In this article it is described how Mitch Morrissey and his team denied Moses-El justice. The case against Moses-El was weak from the the beginning and even when the real perpetrator confessed they kept going after Mose-El. In the proces they also destroyed the evidence which could have proven the innocence of Moses-El. I hope there will be a public trial of this lawsuit and that the full truth will be revealed.

Richard Eikelenboom

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Crime Scene Reconstruction Forensic Medical Investigation IFS Articles

IFS: HENRIQUEZ STIERF DOOR VERWURGING EN VERSTIKKING

Posted By Richard Eikelenboom

Het volgende persbericht is door IFS uitgegeven

IFS: HENRIQUEZ STIERF DOOR VERWURGING EN VERSTIKKING

Hoogleraren onderschrijven IFS-bevindingen in nekklemzaak

Hulshorst, 15 december 2017 – Independent Forensic Services (IFS) heeft op verzoek van de nabestaanden onderzoek gedaan naar de zogeheten Haagse nekklemzaak en vastgesteld dat slachtoffer Mitch Henriquez is overleden aan de gevolgen van verwurging en verstikking. Drie IC-hoogleraren onderschrijven de IFS-conclusies morgen in een radio-uitzending van onderzoeksprogramma Argos.

De rapportage van IFS-directeur en forensisch arts Selma Eikelenboom is vorige week toegevoegd aan het strafdossier tegen de verdachten, twee politieagenten van de Eenheid Den Haag. De rechtbank doet donderdag 21 december uitspraak.

“Het lijkt me dat de rechtbank niet om de bevindingen van IFS heen kan, nu die ook door drie wetenschappers worden ondersteund ”, zegt advocaat Richard Korver die de nabestaanden van Henriquez bijstaat. “We hopen dat de rechter tot een ander oordeel gaat komen dan de conclusies die forensisch arts Botter van het NFI en forensisch arts Das hebben aangereikt.”

Advocaat Korver hecht veel waarde aan de onafhankelijke expertise door IFS. “De IFS-rapportage is uitermate belangrijk omdat het Nederlands Forensisch Instituut (NFI) in deze kwestie met twee monden spreekt. De NFI-patholoog en de forensisch arts van het NFI kwamen met totaal verschillende onderzoeksresultaten. Dat ondermijnt het vertrouwen in het NFI als onafhankelijk en wetenschappelijk verantwoord instituut.”

Volgens Independent Forensic Services leidt het geen twijfel dat het slachtoffer, de 42-jarige Mitch Henriquez uit Aruba, in juni 2015 na een festivalbezoek in Den Haag is overleden aan de gevolgen van een minutenlange, instabiele nekklem zoals werd vastgelegd op video-opnamen.

“De pathologische bevindingen van verstikking wijzen erop dat de nekklem een zogeheten ‘choke hold’ (wurggreep) was en niet een zogeheten ‘carotid sleeper hold’ (een greep waarbij zeer kortstondig de halsslagaders worden dichtgedrukt en de luchtpijp vrij blijft). Deze choke hold heeft de ademhaling van het slachtoffer belemmerd en kan op zich al tot de dood leiden”, aldus IFS-arts Selma Eikelenboom.

Daarnaast zijn gedurende het vasthouden van de choke hold ernstige verwondingen aan de romp en ledematen van Henriquez toegebracht en uitgebreide inwendige bloedingen, scheuringen in de lever en breuken van de hoorntjes van het schildkraakbeen ontstaan. Deze verwondingen hebben de ademhalingsfunctie verder beperkt.

De combinatie van een choke hold (oorzaak van overlijden) met de uitgebreide verwondingen aan hoofd en hals en de rest van het lichaam door zogeheten stomp-trauma (oorzaak van overlijden) hebben geleid tot verstikking door zuurstofgebrek (mechanisme van overlijden).

Gedurende het onderzoek heeft IFS geen enkele onderbouwing gevonden voor de constateringen door forensisch artsen Das en Botter dat het slachtoffer zou zijn overleden aan de gevolgen van een door hen omschreven acuut stress-syndroom.

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IFS dient klacht in tegen zaaksofficier in Everink zaak

IFS Articles

IFS dient klacht in tegen zaaksofficier in Everink zaak

Posted By IFS

IFS heeft gisterenavond een persbericht uitgegeven waarin melding wordt gemaakt van een klacht die is ingediend tegen de zaaksofficier.

Zie ook Nu.nl, de Telegraaf en RTV Utrecht

 

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