Use of Force, Police Policy & Procedures, Pursuits

      During 25+ years with the Mass. State Police I was in several command positions and often conducted investigations on the use of force, police-involved shootings, pursuits, and procedures.  As a member of the Staff Inspection Unit I conducted internal investigations and audits of each section and was the Station Commander of SP Revere which was responsible for police operations in several major cities/towns just north of Boston.  Issues of use of force, police shootings, pursuits, and policy & procedure are extremely complex matters involving several variables.  Cases are best discussed on an individual basis.

The Daubert Standard

I strongy urge all to read  Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 US 579, 113 S.Ct. 2786 (1993.  The ability of an expert to proffer opinions must meet this standard and it is your responsibility to both question me and research my qualifications to your personal satisfaction.  

The Qualified Expert vs. the "Alleged Experts"

     Anyone can claim to be an expert;  ask the Maryland State Police or read about Joseph Koprera who testified in hundreds of cases for them claiming to hold several engineering degrees and sent many people to jail.  Or read about unethical testing and unscientific procedures used by Lucien Haag who convinced a medical examiner that it was impossible for a woman to have caused a self-inflicted wound.  Read about the scandals in crime lab procedures that go on unnoticed for years.  In your favorite search engine type "crime lab scandal" and view the results.

    Caution is the word in retaining a firearms or ballistics expert.  Credentials listing memberships in various scientific societies, technical organizations, and criminalist associations are only that.  Do your homework and check their real qualifications.  There are many "liars for hire".  If you need that type of person then please do not call me.  My reputation, objectivity, and integrity is the foundation for my work and that credibility is what drives me to seek the truth.  My training, experience, education, and the complex cases I have done are what I will refer you to.  Some are briefly listed on the Cases page.  I encourage you to review all of it, then ask questions to satisfy yourself.  

     My expertise is in the areas stated; I am not a criminalist nor have I had to share my normal duties with tire marks, fingerprints, hairs, etc.

     My sub-specialty is the investigation of police-involved shooting incidents.  I was often assigned to conduct the departmental internal investigation to determine whether shootings complied with Policy & Procedure, Rules & Regulations, Training, and whether the utilization of deadly force was justified as well as reasonable.  This would include evaluating whether options not requiring deadly force should have been employed, the decision making process,  and investigative conclusions.  Police Shootings

Gunshot Wounds

     There is a small area where medical expertise and firearms expertise overlap.  When I first entered this field medical examiners rarely responsded to a crime scene and would often perform the autopsy days later at the local funeral home.  This required that I become qualified in the interpretation of gunshot wounds by training with pathologists like Dr. George Katsas and studying the works of Drs. Vincent DiMaio and Martin Fackler.  As a result I have acquired a high level of expertise in gunshot wounds from the firearms/ballistics perspective.  There have been numerous cases where I have made opinions at the crime scene which has been the basis for probable cause in arrests and search warrants.  I have also testified as a gunshot wound expert witness in several cases.  It is important to understand that this expertise is not the medical view,  it is the expertise which I have acquired through evaluating hundreds of gunshot wounds.  Likewise, when certain facts are proferred as to how a gunshot was inflicted, then I would expect to see certain firearms related evidence on or about the wound that would support what is being stated.  

Example:     If there is a reported gunshot wound to the head with the muzzle being in contact, then there would be certain firearms evidence available including damage to the skull resulting from expanding gases, there should be powder, soot, and stippling and the strong possibility of an exit wound.  If the autopsy were not performed until days later, the crime scene would have been cleared.  This could result in not recovering evidence so the true forensic firearms/ballistics expert must have these abilities. 

Firearms/Ammunition Examinations

Function, operation, trigger pull, design defects, accidental discharge and shootings, ammunition.

Microscopic comparison of cartridge cases and projectiles to suspect weapons.

Microscopic examination of tools, burglarious instruments to evidence objects, crimping tools and seals.

Shooting Investigations & Reconstruction, Accidental Discharge, Crime Scenes,  Police Policy & Procedure, Training, Proper and Improper Use of Deadly Force, Forensic Examinations

Review and evaluation of police reports, depositions, autopsy photos and medical examiner reports, crime scene reports and photos, lab reports, interview reports,  diagrams, notes, evidence collection procedure, chain of custody, grand jury testimony, ballistics reports.  Results and conclusions may conflict with what the evidence reveals.  Crime scenes are the foundation of evidence collection.  When it is improperly processed, or evidence is not collected, conclusions can be skewed.  I have processed or been a supervisory officer at more than 750 crime scenes and realize the importance of thorough work.  Often inexperienced technicians are left to collect evidence, or law enforcement may overlook crticial evidence.   Also, when certain facts are known, the lack of evidence can be as important in proving or disproving what happened.  Law enforcement has the responsibility to utilize qualified technicians and a failure to do so reflects upon the quality of the case.

Accidental discharges, although uncommon, do occur.  Accidental discharges can be the result of human error, defective firearm mechanisms and/or safeties, design flaws, neglect and/or negligence, improper training, malfunction.  Accidental discharges can be both voluntary and involuntary.

Firearms are also capable of malfunctioning in such a way as not to discharge when a situation arises that justifies its use.  This can result in tragic consequences especially when needed to protect life or prevent serious bodily injury.  I have been involved in several cases relative to this.

Gunshot Distance Determination and Trajectory

The goal is to conduct tests which will approximate the distance from the object/victim that was shot to the muzzle end of the suspect firearm.   Certain facts of the case can be proven or disproven when these tests are performed correctly.  The presence of intervening objects must be considered.  The paramount factor is to duplicate the pattern of powder stippling, soot, and other markings in the exact manner as it appears on the victim or object by replicating the angle of the weapon, using the evidence weapon and same ammunition.  Gunshot wounds on a person must be precisely examined.  The human body is not a flat surface so the shapes, angles, contours, recesses, profiles, curves, lines, etc., can cause false conclusions when incorrect testing is performed.   In addition, the findings of the medical examiner with relation to the wound characteristics is mandatory because the evidence found in the wound, or lack of, is directly related to distance. 

Expert Testimony

I have been previously qualified and testified as an expert witness over 250 times in several states throughout the U.S. as well as at military trials, State Police Trial Boards, Grand Juries, and other legal proceedings. This includes District, Superior, and U.S. Federal Courts.  In addition I have testified before the State Legislature on numerous occasions, provided consultation to various members of the State Legislature and U.S. Congress and presented over 50 lectures at colleges, universities, legal conferences, medical symposiums, and other venues.

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