The Frye hearing in Florida: an attempt to exclude scientific evidence

State Supreme Courts require a minimum threshold of reliability and acceptance in the scientific community for all medical and similar evidence to be admitted at trial. In Florida and some other states, the courts adhere to what is known as the Frye standard, whereas in most states and in Federal Courts, it is the so-called Daubert standard. The jurisdiction of the present case is Hillsborough County (Tampa), Florida. Forensic pathologists seldom, if ever, are requested to participate in such hearings, unlike their toxicological and basic science colleagues who are more involved in research methodology and technical procedures. The burden is on the proponent of the evidence to prove the general acceptance of both the underlying scientific principle of the test and procedures used to apply that principle to the facts of the case at hand. The trial judge has the sole discretion to determine this question and general acceptance must be established by a preponderance of the evidence. The authors describe in detail a hearing in a case in which they were all involved. One author (WQS) had researched and documented the original scientific methodology in the literature. The situation involved a car and tractor trailer crash with the two occupants of the car dying of multiple trauma, whereas the truck driver was not injured. Autopsy of the auto driver revealed multiple injuries with exsanguination, and only vitreous humor and liver tissue, but not blood, were tested for ethyl alcohol. The estate of the driver of the automobile brought suit against the owner of the trucking company for wrongful death. The plaintiff requested a Frye hearing to question the reliability of testing other body specimens to translate to probable blood alcohol level. The testimony, submitted documents, and eventual decision by the judge are discussed.     

Unusual cases of suicide among health care workers

We describe three unusual cases of suicide committed by health care workers. The aim of this paper was to analyze and evaluate the evidence of general diagnostic elements of poisoning in these cases.     

The first mail bomb?

A news item in the newspaper, the Evening Star, for the Country, October 18, 1833, probably is the first report of a mail bomb in the United States. It is also likely to be the first defusing of a mail bomb. The device appeared to be extraordinarily sophisticated and would have likely worked had it not been for suspicions of the recipient of the bomb.     

The accelerated polyvinyl-alcohol method for GSR collection--PVAL 2.0

The polyvinyl-alcohol collection method (PVAL) is used in forensic practice to gather topographical information about gunshot residues (GSR) from the hands to decide if the subject has made use of firearms. The results allow a distinction between suicide and homicide. The only inconvenience of PVAL was that the procedure took about 60 min because three layers of liquid PVAL had to be applied and dried. Therefore, the collection method was only applied to corpses. The improved and accelerated PVAL 2.0 uses a sandwich technique. Cotton gauze for stabilization is moistened with a 10% PVAL solution. A solid film of PVAL (Solublon) is spread on the cotton mesh. The gauze is then modeled to the hand and dried with a hair dryer. After removing the cotton gauze, the traces are embedded in the water-soluble PVAL. The procedure does not take more than 15 min. The results demonstrate the qualities and advantages of PVAL: topographical distribution of GSR, highest gain of GSR, sampling of all other traces like blood, backspatter etc., and humidity does not reduce the gain. In addition, with the new PVAL 2.0 dislocation of GSR or contamination are excluded. PVAL 2.0 can also be applied on live suspects.     

Forensic medical evaluation of professional working capacity in victims, who needs additional care

The philosophy of evaluating the need of a victim in extra care is discussed. The method for evaluating the need in transport vehicles for the victim is described in detail. Legislative documents which help solve such problems are cited, including those used by committees of forensic medical evaluations.