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Daubert Hearing

unique friction ridge details. The judge ruled that the government can present expert testimony as to the fingerprint identification made of latent thumb print found on the outside door handle and on the gear shift knob of the getaway car used in the Mitchell armored truck robbery. The Court granted the governments request to exclude the testimony of the defendants experts James E. Stairs, a Professor at George Washington University Law school, David a. Stoney, Ph. D. of the McCrone Research Institute, Chicago, and Simon a. Cole, Ph.D. these witnesses testified that fingerprint evidence and comparisons are not scientific evidence under Daubert. Byron C. Mitchell was once again at his second trial for driving the getaway car relating to an armored truck robbery that occurred in Philadelphia, Pennsylvania, Unit Chief S. Meagher and supervisory F.D. Johnson from the FBI fingerprint specialist testified. The defense, on the other hand, stipulated to the other 67 examiners from 31 states, England and Canada, as having made both of the latent print identifications. The defense presented thirteen Fingerprint Examiners from the nine states that did not effect the two latent print identifications during the initial submission of the survey for supporting General Acceptance. All thirteen examiners effected the identification for both of the latent prints after the follow up of the survey. Except for one examiner who stated that he was unable to reach a conclusion for one of the latent prints. All the prosecution and defense witnesses testified for hours and days in the trial. In the end, the jury heard eighty-one examiners, made the identification on one of the latent prints with Mitchell, and eighty examiners made the identification on the second latent print of Mitchell. The difference was one individual who could not reach a conclusion. After about less than three hours of jury deliberation, the jury had a verdict of guilty on all three count...

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