In a landmark ruling, Justice Mark Dwyer of Kings County, NY ruled that the New York City Office of the Chief Medical Examiner’s Low Copy Number DNA Testing (also called High Sensitivity testing) as well as the Forensic Statistical Tool do not meet the Frye forensic standard of general scientific acceptance.  Justice Dwyer’s ruling marks the conclusion of two years of litigation by lawyers from The Legal Aid Society of New York City.

The Society presented testimony from internationally recognized experts in the field of forensic DNA testing.  The experts included Dr. Bruce Budowle, former veteran senior scientist for the Federal Bureau of Investigation, Dr. Ranajit Chakraborty, who was instrumental in developing the national DNA database system, and Dr. Eli Shapiro, a former supervisor at the M.E.’s office.

The decision, based upon a 2-year fact-finding record, has far reaching implications on the admissibility of controversial testing methods used in New York City.


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