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Is your car competent to testify in the courtroom?

The computers devices in cars made today retain a lot of data.  The “event date recorder,” known as the “EDR,” is a computer module that stores a lot of data about a vehicle’s driving.  It is compared to the “black box” carried by airliners.  They are planted in 85% of American vehicles today.  EDRs are not all alike, but they are capable of recording brake application, steering, speed at time of impact when there has been a crash. Incidentally, it can record whether driver and passenger were wearing their seatbelts. The EDRs was designed to collect data so federal safety standards could be improved, but more and more now, the EDRs have become exhibits in the courtroom when a crime is alleged or serious accident occurs. New rules for EDRs will take effect next year from the National Highway Traffic Safety Administration.  The new regulations will require the devices record and preserve a certain minimum of crash data, fifteen categories of data, including pre-crash speed, engine throttle, changes in forward velocity and the deployment of the airbags.  The regulations will not require the installation of EDRs Judges in the many various state and federal courts vary in their willingness to allow electronic devices into evidence. Identification of the device, verifications and chain of custody can tip the decision on admissibility.  Often judges may be less willing to admit something as the judge is less familiar with it, perhaps arguably either afraid of it or enraptured by it. Such pieces of electronic data should be used more in the courtroom to give evidence of the facts, according to their advocates.  They want to make it easier to authenticate such electronic articles, which are sometimes challenged in the courtroom because they do not conform to the rules of evidence.  Of course, the advocates are willing to change the rules of evidence to make it easier to get them into evidence. Not so fast, say the skeptics.   These little electronic treasures may abound in data, but what do we know about how that data got there, and therefore, how reliable is that data?  They should be treated as hearsay evidence and excluded from evidence as a default unless their reliability can be shown. These little jewels are not infallible, passive receptacles of fact and incorruptible testifiers to those facts, say the skeptics.  Instead, they view electronic devices as fundamentally manipulable to the designer’s wishes.  Whatever the creator put in the device, so it will carry a bias forever.  The creator of the device makes it subject to certain software that modifies, colors, and skews production of data according to some agenda.  Without complete disclosure of that software, no one can know that agenda or what data is being presented.  Usually, that is where a wall goes up, and the owners/designers of the electronic device claims propriety secrecy.  Certainly, that is common in breath analysis machines when criminal defense lawyers demand how certain results are produced.  Prosecutors (usually hiding behind the manufacturers) never want to produce such explanations, and only very rarely do courts demand they produce them.

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A Confession in New York and Doubts About It

Posted by Edmond Geary on 06-25-2012

Pedro Hernandez confessed last month to the murder of Etan Patz, a 6-year old boy who disappeared in New York in 1979.   Indeed Hernandez worked at a small grocery on the corner where the boy was supposed to catch his bus, but some experts are raising questions about the credibility of the confession.

Hernandez is now a family man, confessing to a crime 33 years old.  So, did he commit this crime only and then walk around with the guilt for three decades, or has he killed other people in the interim?  Psychiatrists say it is an odd case.

Hernandez was 18 at the time, and that is about the age when psychiatric conditions such as schizophrenia and bipolar disorder first manifest. It is possible Hernandez committed this murder and then got treatment for the rest of his life, and that could account for his going 33 years without being noticed by the police.  If he started medication, he could have then controlled his symptoms.  People who know Hernandez say he is taking Zyprexa, which is often prescribed for schizophrenia and bipolar.

But back in the 1970s, psychiatric treatment was rarely accessed by someone like Hernandez, a teenager from a large working-class family.  Effective treatment so quickly after first symptoms would have been rare in the ‘70s.  And, for him to avoid the symptoms, Hernandez would have had to stay consistently on his medication consistently, often not done.

His case does not fit known patterns.  For one thing, Hernandez told police he killed the child but did not admit any sexual motives.  Forensic psychiatrists say, however, adult men who kill strangers of school age almost always do it for sexual reasons.  One psychiatrist’s studies cover reports of 1,500 serial killers.  Of those, 50 involved an adult male killing a child who was a stranger.  In all but 3 of those cases, there was evidence of a sexual motive.  Further, in all of those 3 cases, the killers were clearly recognized before their crimes as dangerous people. People noticed them as dangerous.

Hernandez, however, was known to his family and neighbors as married and two children.  Psychiatrists say someone who kills a child at age 18 was likely already crazy- dangerous for a year or two and is not likely to improve a lot by age 42.   If Hernandez was a sexual predator, it would have been very hard for him to silence those urges for a lifetime.

We are reminded that over 100 people confessed to killing President John F. Kennedy when he was assassinated.  Hernandez may be one of these.  But if he did not kill young Etan Patz, who did?

Another suspect did surface, and the Petz family brought a civil case of wrongful death against him in 2004.  The family won the lawsuit against Jose A. Ramos, who said he believed he had molested Etan but did not kill him.  Ramos is in prison in Pennsylvania from a conviction for child molestation in a different.

Details of the confession Hernandez gave are still now known in detail, but as those details are revealed, more of Hernandez will come to light, as well as the details he gave to police – or failed to give.

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