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Maryland judge rubs out fingerprint evidence.

Publication: Trial
Publication Date: 01-FEB-08
Format: Online
Delivery: Immediate Online Access

Article Excerpt
A ruling in a capital murder case questions one of the most time-honored ways of figuring out whodunit.

In a Baltimore County, Maryland, courtroom, a state circuit court judge ruled that testimony about latent fingerprint evidence was not admissible because the state could not prove that it had "a reliable factual foundation." In granting the defense motion to exclude the testimony, Judge Susan Souder likened unquestioning confidence in fingerprint evidence to some people's stubborn belief in a flat Earth. (State v. Rose, No. K06-0545 (Md., Baltimore Co. Cir. Oct. 19, 2007).)

On the morning of January 5, 2006, Warren Fleming was shot to death outside a store he owned in Baltimore's Security Square Mall. Witnesses said they saw two men struggle with Fleming and then flee in a stolen car but could not identify them. When police officers recovered the car, abandoned at a subway stop, they lifted fingerprints from it and sent them to the...

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