—_ KYM L. WORTHY (COUNTY OF WAYNE wo mcumeacanr Toe PregECUTING ATTORNEY OFFICE OF THE PROSECUTING ATTORNEY = * ‘ocr ean a TROT, MICHIGAN ‘euaisiaesn RICHARD P. HATHAWAY eens Tabane cer ASST DONN FRESARD July 22, 2009 ir oF ET Mr. Byron Lichstein Deputy Director, Frank J. Remington Center University of Wisconsin Law School 975 Bascom Mall Madison, Wisconsin 53706-1399 Re: People v Justly E. Johnson Michigan Court of Appeals No. 287529 ‘Wayne County Circuit Court, Criminal Division No. 99-005393 Dear Mr. Lichstein, received your letter of July2, 2009. Lapologize for not geting back fo you SSO ‘but due to the shoriage of assistant prosecutors in the our Appellate Division, whichis the result of cutbacks 1oetioe atafing, Thave been busy with matters demanding immediate attention { guess my recollection of ou previous conversations different than yours, recall advising ‘you that if you filed a motion for DNA testing ofthe shell casing, We ‘would likely not oppose it, if ea sing was tobe analyzed by the Michigan State Police Crime Lab, Thonest'y don'tremembet any conversation about subjecting the shell casing to any fingerprint analysis; Tthought at that time that you mipht arguably have a legitimate request under MCL (Michigan Compiled Laws) 770.16 {have attached ecopy of this statute). This is why I don’t think I would have ‘been talking about any fingerprint analysis. In any event, I did pass on your request to have the shell casing analyzed by a person in England to my boss, Tim Baughman, Chief of the Appellate Division. He, in tur, conferred with the Chief of our Trials Division, Rob Moran, andthe Principal Attorney of our Forensic Integrity Review Unit, Rob Spada, and the consensus was that the Office does not agree ‘0 having our evidence sent outside of the country. ‘you have any further questions, pleas feel free to contact me, Page 1 of 2 2.o @ Respectfully submitted, KymL. Worthy Prosecuting Attomey County of Wayne Timothy A. Baughman Chief of Research, ies he hawker ‘Thomas M. foe (P 32662) ‘Assistant Prosecuting Attomey 12" Floor, 1441 St. Antoine Detroit, Michigan 48226 Phone: (313) 224-5749 Page 2 of 2UNIVERSITY of WISCONSIN LAW SCHOOL Faculty Director ar Dey July 2, 2009 Director ‘Thomas M. Chambers . ‘Assistant Prosecuting Attomey econ 12" Floor, 1441 St. Antoine Fue Detroit, MI 48226 dee Re: Fingerprint Testing on Shell Casing Co-Directors People v. Justly E. Johnson, ee Michigan Court of Appeals No, 287529 ‘Wayne County Circuit Court No. 99-005393-01 ‘Mr. Chambers: ‘When we spoke on May 19, 2009, we agreed to submit ajoint stipulation to the court to facilitate additional testing of the shell casing found by the Detroit Police Department at the crime scene. I apologize forthe delay in geting back to you on this. ‘As you may recall, we discussed whether the shell casing should be subjected to fingerprint analysis or DNA analysis. Recently we spoke to several DNA analysis experts who recommended fingerprint analysis over DNA testing for a shell easing. The experts told us that DNA testing is not practical for a shell easing because ‘hot gases in the gun would sterilize any DNA left on the shell casing, “Thins, we consulted with several fingerprint experts about the possibility of obtaining a print from the shell easing, These experts informed us that traditional ‘fingerprinting will not yield a fingerprint on a shell casing, because the temperature Guring the firing process makes it nearly impossible to detect a latent print using traditional methods, Instead, we propose using a new method developed by Dr. John Bond, an Honorary Research Fellow at the University of Leicester Forensic Research Contre, and Scientific Support Manager at Northamptonshire Police Department, in Leicester, England. Dr. Bond has developed a new method specifically designed to reveal fingerprints on a shell casing, The method involves applying @ high voltage and fine carbon powder to the shell casing. We are enclosing a recent publication by Dr. ‘Bond that describes his technique in more detail. ‘We have been in contact with Dr. Bond, and he has agreed to test the shell casing free of charge, Dr. Bond’s technique has successfully revealed a fingerprint on @ shell casing in several United States cases, including a well-known case in Boulder, Colorado. In that case, Dr. Bond examined four shell casings 14 years after a homicide. Jnitial visual inspection of the casing revealed no fingerprints. However, Dr. Bond’s new method detected fingerprint ridgelines and led to identifying a suspect. In addition Frank J. Remington Center University of Wisconsin Law School 875 Bascom Mall Madison, WI 53708-1399 exHiBitT NMr, Thomas Chambers July2, 2009 Page Two to the Colorado case, Dr. Bond has used his method in it least two other United States cases, a Georgia case with Detective Chris King of the Kingsland Police Department (912-729-8261) and a Texas case with Detective Tony Roten of the North Richland Hills Police Department (817-427-7046). We have been in contact with both Detective King and Detective Roten, and both have agreed to talk to you if you have any questions about Dr, Bond’s methods. Included with this letter is a proposed stipulation and order directing the Detroit Police Department to release the shell casing to Dr. Bond. The shell casing is currently Jocated in the Detroit Police Property Department's off-site warehouse. As mentioned before, our program would bear any shipping costs. In addition, the stipulation provides for an AFIS search if a print is obtained. If you agree to this request please deliver the final signed stipulation and proposed order to the Court and please return a copy to us, If you have any questions, please contact Byron Lichstein at the number listed below. ‘Thank you for your time and cooperation in this matter. jincerely, Fisconsin finocence Project, Co Marni blefee jewtlrfont syron Lithstein Kame Hukee Kaitlin Lamb Deputy Director Student Attomey Student Attorney Frank J. Remington Center 608-265-2741 Kitsmg,