Forensic Dental Evidence: An Investigator's Handbook Second Edition Forensic Dental Evidence: An Investigator's Handbook Second Edition C. Michael Bowers Associate Clinical Professor Herman Ostrow School of Dentistry University of Southern California Los Angeles, CA Deputy Medical Examiner Ventura, CA USA Academic Press is an imprint of Elsevier 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA 525 B Street, Suite 1900, San Diego, California 92101-4495, USA 84 Theobald's Road, London WC1X 8RR, UK © 2011, Elsevier Ltd. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from the publisher. Details on how to seek permission, further information about the Publisher's permissions policies and our arrangements with organizations such as the Copyright Clearance Center and the Copyright Licensing Agency, can be found at our website: www.elsevier.com/permissions. This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein). Notices Knowledge and best practice in this field are constantly changing. As new research and experience broaden our understanding, changes in research methods, professional practices, or medical treatment may become necessary. Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein. In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility. To the fullest extent of the law, neither the Publisher nor the authors, contributors, or editors, assume any liability for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any methods, products, instructions, or ideas contained in the material herein. Library of Congress Cataloging-in-Publication Data Bowers, C. Michael. Forensic dental evidence : an investigator's handbook / C. Michael Bowers. -- 2nd ed. p. cm. Includes index. ISBN 978-0-12-382000-6 1. Dental jurisprudence--Handbooks, manuals, etc. I. Title. RA1062.B69 2011 614'.18--dc22 2010018323 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN: 978-0-12-382000-6 For information on all Academic Press publications visit our Web site at www.elsevierdirect.com Printed in the United States 11 12 13 9 8 7 6 5 4 3 2 1 To my wife Cynthia: I could not have done this without you. v Contributing Authors Gary L. Bell Seattle, WA Jeffrey R. Burkes New York, NY Mary A. Bush Buffalo, NY Peter J. Bush Buffalo, NY Anthony R. Cardoza El Cajon, CA Frank A. Ciaccio Houston, TX Dean Hildebrand Burnaby, BC, Canada Helen James Adelaide, Australia John McDowell Denver, CO Michel Perrier Lausanne, Switzerland Iain Pretty Manchester, UK Scott Swank Baltimore, MD Marie Svoboda Los Angeles, CA Jane Taylor Ourimbah, Australia xiii Photo Credits Jeffrey Burkes New York, NY Art Burns Jacksonville, FL Mary and Peter Bush Buffalo, NY Gary Bell Seattle, WA Rick Cardoza San Diego, CA Frank Ciaccio Houston, TX Kelly Faddis Orem, UT The family of Nichole Hendrix Ventura, CA Dean Hildebrand British Columbia, Canada Helen James Ourimbah, Australia Raymond Johansen Santa Barbara, CA Russell Lain New South Wales, Australia John McDowell Denver, CO Alain Middleton New South Wales, Australia Ron O'Halloran Ventura, CA Michel Perrier Lausanne, Switzerland Iain Pretty Manchester, UK xv Photo Credits Richard Souviron Coral Gables, FL Duane Spencer Walnut Creek, CA Jane Taylor Adelaide, Australia Mike Tabor Nashville, TN Gerald L. Vale Los Angeles, CA James Wood Cloverdale, CA xvi Foreword Forensic Odontology is a fascinating and challenging field. Technological and procedural advances coupled with the public's increased awareness through media such as CSI has made forensic sciences appealing to many, and seemingly infallible to others. I have known Dr. Bowers for over twenty years, we first made acquaintance in Louisville, Kentucky in 1989 while challenging the ABFO dental certification board examination. Over these years he has earned the respect of all others in this field with his determined dedication to further forensic odontology into a respected discipline of the forensic sciences. The second edition of Forensic Dental Evidence: An Investigator's Handbook edited by Dr. C. Michael Bowers is written for those whose desire the knowledge, background and understanding of forensic dentistry. This book is essential reading and a valuable asset for any investigator, lawyer, medical examiner, nurse, or dentist that has an interest or a role in a forensic dental case. A highlight of this handbook is the discussion of the wrongful convictions due to erroneous bitemark opinions that have surfaced in the past decade. In the early 1990s Dr. Bowers and others become cautious in the manner in which bitemark opinions were being used to identify specific individuals in an open population. Currently there have been ten exonerations of individuals who have served many years in prison that were falsely imprisoned as a result of faulty bitemark evidence and incorrect opinions. These opinions were not based in science and were without validity or reliability. Dr. Bowers' work as an impartial dental expert coupled with DNA evidence resulted in the exoneration of these innocent individuals. Dr. Bowers' determined work in educating and informing the forensic community of the need for scientifically validated opinions in the 1990s went largely neglected by board certified forensic dentists. In 1999, the ABFO performed a bitemark workshop to examine the ability of the expert to properly discern the biter from a lineup of unknowns. The ABFO published a paper with the results that reported the ability of the certified forensic dentists to identify the correct perpetrator with moderate accuracy of 86%. What was not reported was the high level of false positives that accompanied these findings. Dr. Bowers' high ethical standards compelled him to uncover the actual findings that revealed a high false positive rate which was not exposed in the scientific paper published by the ABFO. Recognizing that improvements were necessary in the forensic sciences, Congress directed the National Academy of Science to study the problem. In 2009, the National Academy published a report called “Strengthening xvii Foreword Forensic Science in the United States: A Path Forward” which was a comprehensive review of all the forensic sciences, including bitemark analysis. The findings from this report were the same as Dr. Bowers had been teaching and writing about for years. It was not until after this report was published, did the certified forensic dental specialty group began to acknowledge the need for change. Fortunately, this process has begun and positive changes are currently being made. This handbook relates and discusses all the problems identified by the National Academy of Science. In the handbook edited by Dr. Bowers, he has partnered himself with many of the world's foremost forensic scientists and dental experts. This handbook offers the latest information available to the forensic community and beyond. It will function to advance the profession and allow justice for all. David C. Averill, DDS, DABFO Past President, American Board of Forensic Odontology Past President, American Society of Forensic Odontology xviii