1305 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
Upon their arrival at the headquarters, Commanders Sturgis Turner and Meg Austin meet in the conference room to discuss the recent development in the court-martial of Petty Officer Parker, namely the inclusion of a Scott Andrews into the defense's witness list. The two Navy commanders had spent the evening going over the witness's affadavit as well as basic background information.
"He's had some credentials," says Meg. "Some cases were dropped because of his testimony."
"So he goes out and sells his services to defense lawyers," says Meg.
"If he's right, we might have to drop the case."
"I'll have Captain Bullrider take a closer look at Mr. Andrews." says Meg. "In the meantime, I'm going to get a second opinion." She dials a number on her Motorola cellular phone. "This is Commander Austin. Is Agent Dinozzo there? There's been a development and we need a re-examination of the fingerprint evidence."
ooooooooooo
DAY 43
2110 ZULU
WASHINGTON, DC
"Have you heard anything new about the case?" asks Chris Walsh. "Are they dropping the charges?"
"They're continuing with the trial," replies AJ Chegwidden.
"So they think they can discredit our witness."
"if there's a way they'll find it."
"Don't be so pessimistic, AJ. You were the Navy's top lawyer, after all."
"You don't know Turner and Austin as well as I do," replies the retired Navy admiral.
"Scott Andrews did fingerprint analyses for some of our other cases. He even convinced prosecutors to drop all charges in some of the cases we hired him for."
"I'd better prepare for when the trial resumes Monday."
"I guess you won't be having a drink with us tonight," says Walsh. "Still, this whole thing could have been over with if you called Carey Mills to the stand. It took a lot of effort to find her."
"You were the one who contacted her about this?" asks AJ.
"Of course. You spend a great deal of time preparing questions for the witnesses."
"Carey Mills was lying," says Chegwidden.
"And you know this how?"
"Confidential sources."
"I see," says Walsh, understanding that Chegwidden was referring to Petty Officer Parker. "She really wanted to take the stand. Even sued to be able to testify."
"I won't put someone on the stand who's gonna lie."
"I'm sure Scott Andrews will convince the jury of your client's innocence. This trial is very important to our firm. You know that."
oooooooooooooo
DAY 46
1542 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
"Mr. Andrews," asks AJ as he stands in the JAG Headquarters courtroom, "guve us a summary of your experience in fingerprint analysis."
"I got a degree in Forensic Science from George Mason University back in 1989," says Scott Andrews. "I've had five years' experience doing fingerprint analyses for the Fairfax Police Department. I later became an independent analyst, doing work for both prosecutors and defense attorneys."
"And how did you get involved with this case?"
"Chris Walsh contacted me. He's a senior attorney for a law firm in Washington, D.C. I had done fingerprint tests for him in the past and he asked me to do the test for this case."
"And what were the results of this test?"
"The fingerprint sample from the Baltimore PD did not match the fingerprints by the defendant."
"And the defendant you are referring to is Petty Officer David Parker, correct?"
"Yes."
"This report from an NCIS fingerprint analyst determined that no conclusiion could be made because there wasn't enough fingerprint. On what basis did you draw this sort of conclusion?"
"I utilize a new technique that can draw a definite conclusion with the amount of fingerprint we had. If these techniques were available in '97, I would not be here testifying in this court today."
The judge and the prosecutors listen intently, having read Andrews's report and knowing this had never been used as evidence in a general court-martial.
"Please explain this technique to the court," says AJ.
"As you know," says Andrews, "partial prints can be matched- or unmatched- by using minutae points and comparing them between the sample and control. While each pattern is unique, there are several general types of fingerprint patterns. In this particular case, the index finger was the finger that left the most fingerprint- just enough for my technique to work."
AJ looks at the members of the court-martial. "These people would better understand with a visual demonstration."
"Right here," says Andrews. He places up a huge flat plate of cardboard onto a tripod provided by the court. "You can see here the original sample, and the control fingerprint provided by Mr. Parker here, and the one I filled in using the minutae points on the raw sample and comparing them to a large number of fingerprints. As you can see, there is a strong correlation between the origiunal sample and the fill-in. There are at least two mismatched points between the sample and the control. The biggest difference is that Mr. Parker hasa left-loop pattern, as you can plainly see. But the fingerprint found at the crime scene has a tented arch pattern. It's easy to see why the original analysis matched the fingerprints. But I was able to determine the correct pattern using the points at rhe bottom edge of the original sample as you can see on this chart. The correlation between the original sample and Mr. parker's fingerprints are so weak that they for all practical purposes do not match."
"So you will vouch that Petty Officer David Parker did not leave the fingerprint sample found at the crime scene?"
"If the sample provided was what the police say they found, then I will surely vouch."
"No further questions, your Honor," says AJ. He walks back to the table. Petty Officer Parker smiles at the new development.
Commander Sturgis Turner stands up. "You paint a very vivid picture, Mr. Andrews," he says.
"Yes, I do," replies Scott Andrews. "I am confident this man's fingerprints did not match the one at the crime scene."
"And you testified in court before, right?"
"Yeah, a couple of times. Many cases never went to trial, either because of a plea bargain or because the police or prosecutor dropped the charges."
"Mr. Andrews, have you ever testified about this particular fingerprint technique?"
"No."
"No?" asks Sturgis.
"This is a relatively new technique I developed."
"You mean it has not had widespread use in law enforcement,.right?"
"it helped solve a few cases."
"But none of them went to trial. You never convinced a jury about this technique. You just come over to lawyers and tell them you can do fingerprint analyses."
"I've had almost fifteen years of experience, Commander. I've even published articles on this."
"We know. Do you recngozie this?" Sturgis presents a paperbook book.
"Forensic Science Communications," says Andrews. "It's a journal of forensic science. Peer-reviewed."
"And you recognize the article on this page?"
"Yes. It was the article I published about two years ago."
"I have another issue, Mr. Andrews. Can you read it?"
"It seems to be an article on fingerprint analysis. Titled On Extrapolation Algorithms using three minutae points. It's by a Dr. Dean Hathaway, a forensic analyst who worked for the Boston Police Department for twenty years."
"Tell the court what the first paragraph reads."
"I, well, uh, I," stutters Andrews.
"Read it," says Captain Krennick.
"The new technique proposed by Scott Andrews in the April 2003 issue has serious flaws making its suitability for criminla investigation suspect," reads the witness.
"So then your technique is seriously disputed, by a doctor with twenty years experience no less."
"Every forensic technique- fingerprint, DNA, ballistics- was disputed when it was first introduced."
"Other techniques withstood the test of time and yours hasn't."
"Like I said, this is new. There might be some room for refinement, just as DNA testing was refined over the past twelve years or so."
"But you seriously can not expect us to release a murderer on the basis of a new, untested method of fingerprint anlysis."
"Objection," says AJ.
"Sustained," says the judge.
"No further questions," says Sturgis.
"Witness may step down," says Captain Krennick.
"The defense rests, your Honor," says AJ."
"Court will resume tomorrow at 0900," says Krennick.
Sturgis and Meg leave the courtroom and walk towards the main office.
"You mnanged to discredit him, I think," says Meg.
"AJ doesn't need a credible witness; we do," replies Sturgis.
"Commander Austin," says Petty Officer Jennifer Coates, coming out of the main office. "You have a call from an Abby Sciuto at NCIS, ma'am."
"As you were, Petty Officer," says Meg.
oooooooooooo
1711 ZULU
NCIS HEADQUARTERS
WASHINGTON NAVY YARD
WASHINGTON, DC
Sturgis and Meg stand inside the forensics lab at NCIS Headquarters. It is a large room with cabinets and computer monbitors and stuff. A woman with black hair tied in ponytails stands in the room. She is dressed in a white lab coat. Her clothing is black, her eyeshadow is black, her fingernails are painted black.
"Do you have anything?" asks Meg.
"Yeah," replies Abby Sciuto, the forensic anaylst at NCIS Headquarters. "Here is what I found."
ooooooooooo
DAY 47
1303 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
"Miss Sciuto," says Meg, "tell us your qualifications."
"I've worked in NCIS for four years," replies Abby Sciuto, now dressed in a black suit as she gives testimony in this general court-martial. "I have broad experience in many forensic tests."
"Do you have experience with fingerprints?"
"Of course I do."
"And that includes matching fingerprints, right?"
"Yeah. I'm also able tolook at evidence and find out how a crime is committed. I've worked on so many cases, like..."
"Okay, Misss Sciuto," says Meg. "Summarize what you found."
"Well, the first time, I came up inconclusive," says Sciuto. "At the time I focused on a single print, just like the people who first ran the tests. But then I looked at the other prints, and they filled in the missing pieces, like a jigsaw puzzle. It is so easy to overlook. I solved cases in which critical evidence was overlooked the first time around."
"Can you give a visual demonostration for this court?"
"Sure." Sciuto places up a chart for the members of the court to see. Chegwidden watches attentively. "You can see Petty Officer Parker's full fingerprint profile on the top. Each fingerprint on each finger is identical. Now look at the top. It shows each of the recovered fingerprints from the crime scene. I color coded it." The lab tech then tuens over a page. "Each of these partials can be combined to form a near complete match. You see which sections of the composite fingerprint correspond to each partial. And you can see that the composite matches the fingerprints from Petty Officer Parker."
"No further questions, ma'am," says Meg.
"Your witness," says Captain Krennick.
"This is a very interesting theory, Miss Scuito," says AJ, placing the emphasis on theory. "You've testified this before, right?"
"Not that I can recall," replies Sciuto.
"Why should this court place faith on your analysis?"
"I gave a simple, easy to understand explanation. The partial prints were combined to form a composite. It is no different in principle than fitting together the remains of a car, or even human bones. Based on where these prints were found, they came from the same hand. Assemble the partials and you get a fingerprint that matches the defendant."
"But you don't have experience in that area."
"I have a proven track record of solving cases by looking at evidence from a new angle. I can understand how this could have been overlooked for so many years. A few months ago I even used surfing wax to find the killer of a Navy sailor. Just ask those who work with me. I am a valuable part of the team."
"No further questions," says AJ.
"Witness may step down," says Captain Krennick.
"We rest the rebuttal case," says Meg.
"Closing arguments scheduled for tomorrow," says the captain.
Sturgis and Meg leave the room. "The lady had me convinced," says Sturgis, referring to Abby Scuito. "I hope she convinced the jury."
ooooooooooooooo
DAY 50
1400 ZULU
"Have the members reached a verdict?" says Captain Allison Krennick.
"Yes, we have," says the foreman, a Navy rear admiral.
"The defendant will rise."
Petty Officer Parker stands up.
"You may publish your findings," says Krennick.
"Petty Officer David Bruce Parker, United States Navy," says the admiral. "On the charge and specification of Article 118, the murder of Dan Milk, we find the defendant guilty."
At thsi moment, Petty Officer Third Class David Bruce Parker bows his head.
He reads the verdict for the other five counts, all guilty. He then passes an envelope to the judge.
"Sentencing is Monday at 1300 hours," says Captain Krennick. "Court is adjourned."
A master-at-arms escorts Petty Officer Parker away. AJ confronts Sturgis and Meg.
"We'll meet again," he says. "Now to figure out how to save his life."
ooooooooooo
1822 ZULU
"I heard about the verdict," says Major General Gordon Cresswell as he sits in his office.
"Guilty as charged, sir," says Sturgis, standing at attention.
"Amazing how we overlooked one thing that could have convicted him justly seven years ago," says Meg.
"What is amazing is that someone destroyed his career, his reputation, and ended up in prison because he lied to send a guilty man to prison," says the general.