State v. Pigott
State v. Pigott
Opinion of the Court
¶1 A Frye
¶2 Michael Pigott was charged with and found guilty in juvenile court of two counts of residential burglary. In both homes, detectives discovered latent fingerprints that were identified as belonging to Pigott. Prior to trial, Pigott requested a Frye hearing, arguing that fingerprint identification is no longer generally accepted in the scientific community. The trial court denied the motion. After trial, the court found Pigott guilty and imposed the standard range disposition on each count. Pigott appeals, arguing that the trial court improperly denied his motion for a Frye hearing.
¶4 Washington has a long history of admitting fingerprint identification evidence.
¶5 Pigott argues that new evidence raises questions as to the continued general acceptance of the ACE-V technique used here to analyze fingerprints. “ACE-V” is an acronym for
The basic steps taken by an examiner under this protocol are first to winnow the field of candidate matching prints by using Level 1 detail to classify the latent print. Next, the examiner will analyze the latent print to identify Level 2 detail (i.e., Galton points and their spatial relationship to one another), along with any Level 3 detail that can be gleaned from the print. The examiner then compares this to the Level 2 and Level 3 detail of a candidate full-rolled print (sometimes taken from a database of fingerprints, sometimes taken from a suspect in custody), and evaluates whether there is sufficient similarity to declare a match.
Once a second examiner confirms the conclusion of the first examiner, it is verified. The expert witnesses used generally accepted methods in analyzing Pigott’s fingerprints. Thus, the methods were not “novel” and did not require a Frye hearing. Because such methodology is generally accepted in the scientific community, the evidence was properly admitted.
¶6 Pigott relies on the high profile misidentification of Brandon Mayfield made by the Federal Bureau of Investigation in its investigation into the terrorist bombing of a train in Madrid, Spain. As a result of this misidentification, the United States Department of Justice Office of the Inspector General (OIG) initiated an investigation of the Mayfield case. Citing to the OIG report, Lyn Haber, PhD, and Ralph Haber, PhD, argue that fingerprinting is not an exact science. In support of their theory, the Habers cite to a 2009 report by the National Research Council of the National Academy of Sciences, which recommended additional testing to determine the reliability of latent finger
¶7 However, the reliability of fingerprint identification has been tested in our adversarial system for over a century and routinely subjected to peer review.*
¶8 Affirmed.
Frye v. United States, 54 App. D.C. 46, 293 F. 1013 (1923).
State v. Gregory, 158 Wn.2d 759, 830, 147 P.3d 1201 (2006).
293 F. at 1014; State v. Copeland, 130 Wn.2d 244, 255, 922 P.2d 1304 (1996).
State v. Hayden, 90 Wn. App. 100, 103-04, 950 P.2d 1024 (1998).
State v. Baity, 140 Wn.2d 1, 10, 991 P.2d 1151 (2000).
See State v. Johnson, 194 Wash. 438, 442, 78 P.2d 561 (1938); State v. Witzell, 175 Wash. 146, 26 P.2d 1049 (1933).
Gregory, 158 Wn.2d at 829-30; State v. Russell, 125 Wn.2d 24, 41, 882 P.2d 747 (1994).
United States v. Mitchell, 365 F.3d 215, 221 (3d Cir. 2004).
365 F.3d 215, 221-22 (3d Cir. 2004).
See Comm. on Identifying the Needs of the Forensic Sci. Cmty., Nat’l Research Council, Strengthening Forensic Science in the United States: A Path Forward 143-44 (2009), https://www.ncjrs.gov/pdffilesl/nij/grants/228091.pdf; see also United States v. Rose, 672 F. Supp. 2d 723, 725-26 (D. Md. 2009) (fingerprint evidence sufficiently reliable to be admitted under Fed. R. Evid. 702 and holding the Habers’ criticism of the ACE-V methodology insufficient to even warrant holding a hearing to determine whether fingerprint analysis is admissible scientific evidence).
People v. Jennings, 252 Ill. 534, 549, 96 N.E. 1077 (1911); Johnson, 194 Wash, at 442; United States v. John, 597 F.3d 263, 274-75 (5th Cir. 2010); United States v. Plaza, 188 F. Supp. 2d 549 (E.D. Pa. 2002).
See also Hayden, 90 Wn. App. 100 (digitally enhanced latent fingerprints and palm prints found admissible under Frye).
Reference
- Full Case Name
- The State of Washington v. Michael T. Pigott
- Cited By
- 12 cases
- Status
- Published