Franklyn Edgecombe v Director of Public Prosecutions
| Jurisdiction | Bahamas |
| Judge | Williams J |
| Judgment Date | 18 July 2023 |
| Docket Number | CRI/VBI/24/12018 |
| Court | Supreme Court (Bahamas) |
The Honourable Mr. Justice Franklyn K M Williams KC
CRI/VBI/24/12018
COMMONWEALTH OF THE BAHAMAS
IN THE SUPREME COURT
Criminal Division
Expert — Crime Scene Reconstruction — Firearms Instructor — Armorer — Whether “Firearms Expert” — Whether Crime Scene Reconstruction Expert — Expert disclaiming expertise — Expert — Crime Scene Reconstruction — Ballistics — Opinion — Whether independent — Whether unbiased — Failure to consider material fact detracting from concluded opinion
Ms. Marianne Cadet for Applicant
Mr. Timothy Bailey with him Ms. Tamika Roberts for the Respondent
The defense made application for two persons to be deemed experts. The first, that Mr. Frederick Delancy be deemed an expert in crime scene reconstruction and firearms; the second, that Dr. Richard Pumerantz be deemed a crime scene reconstruction expert and firearm expert. The Court conducted a voire dire upon each application.
In the first, the proposed witness Delaney described himself:
“A. …I served as a law enforcement officer, a police officer for 34 years in the capacity of a firearms instructor and armorer for the last 21 years.
Q. And you say you have how many years of firearm experience?
A. I have 21 years of firearm experience where I have been certified and accredited at a Smith and Wesson
Academy out of Boston as a mater (sic) firearm instructor. I have a certification, a certificate from the Institution of Dr. Henry Lee who is the lead pathology on crime scene reconstruction”
and:
“THE WITNESS: I am not an expert in crime scene reconstruction. I have a certificate in crime scene reconstruction so I have a lot of experience, but I am a firearms expert and armorer.”
When asked about having given testimony:
“THE WITNESS: As a matter of fact, your Worship, I was in the last matter which – that occurred on Fire Trail Road where we went to the locus on how to reconstruct the crime scene with the Major incident. …I was there and I assisted in reconstructing that crime scene with a fellow comrade from out of the country, that was brought in by family members.” and his experience in crime scene reconstruction:
“Q. Mr. Delancy, could you go on and can you speak to your experience indicated earlier, your experience in crime scene reconstruction? You can speak to the course that you appeared before in reference to that so that the Court can have an understanding of your expertise in that.
A. Okay. Thank you.
I am more a firearms instructor and armorer than a crime scene technician. If I was to testify before this court in the capacity of crime scene technician I would have had to do quite a bit of footwork and produce reports and measurements that I have not prepared at this time to do. So I would say I have the knowledge, I did the course, I have a degree of foundational information but I cannot offer myself as an expert in the area of crime scene reconstruction.”
A firearms expert, otherwise known as a ballistics expert is a forensic specialist known professionally as a Firearm and Toolmark Examiner, who has the duty of collecting and analyzing evidence having to do with ballistics. These include:
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• Firearms
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• Live ammunition
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• Spent cartridges
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• Spent bullets or shell casings\
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• Bullet fragments
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• Shot shell wadding
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• Clothing
Firearms experts otherwise known as ballistic experts are required to have, minimally, a bachelor's degree in forensic science or related field. The expert must have a solid background of chemistry, physics and mathematics. These subjects are necessary because it is required that determinations of statistics, how objects move and how to identify chemical residues from firearms be made. This assumes the recovery and primary knowledge and analysis of a firearm and projectiles (live ammunition, spent bullets or shell casings, bullet fragments) none of which is or can be evidenced in this case, certainly not by Mr. Delaney (American Academy of Forensic Sciences; Forensic Science Education Programs and Accreditation Commission).
A firearms instructor teaches the responsible and safe use and handling of firearms, appropriate shooting techniques, maintains the police armory, and as armorer performs inspection, maintenance and repair of weapons and armory/range equipment (Royal Bahamas Police Force).
According to the Georgia Public Safety Training Center, crime scene technicians investigate crimes by analyzing details at the scene, collecting evidence, evaluating data and presenting their findings. The job requires meticulous attention to detail. Mr. Delancy says he is not a crime scene technician and did not visit the scene at first instance; it is purported that he visited the scene some four and one half years removed and was asked to look at photographs of shell casings.
A voire dire was held during which Dr. Pumerantz was examined as to his expertise:
THE COURT: Okay, let's proceed.
EXAMINATION IN CHIEF BY MS. CADET:
Q. Mr. Pumerantz can you hear me?
A. Yes.
Q. Mr. Pumerantz, can you state your name and occupation for the court?
A. Yes, my name is Dr. Richard Pumerantz, I am the lead expert for Guns and Ammo Witness Consulting I am also president of 10 X ammunition and president of Polyfrang Ammunition.
Q. Okay. Can you speak to your experience, please?
A. Yes, in addition to my educational background having PHD, I have been in the firearms and ammunitions since 2005 considered an expert. In addition I spent 18 years in county department. 16 of those years as a certified firearms instructor and also since 2008 I've been teaching the California Criminalistics constitute here in California which is where all crime scene and Ballistics Lab Techs go to school to become professionals and I have been teaching them for years on analysis of crime scene technical issues regarding everything from the completion of evidence from the identification of tool marks. I also have an associate of tool marks, technical advisor for all law enforcement.
Q. Have you testified in the court of The Bahamas?
A. Yes, I testified in the Coroner's Court most recently in the shooting of Azario Major.
Q. And can you state what evidence you were allowed to give?
A. Yes, I testified as to the crime scene reconstruction itself, ballistic trajectory utilizing ballistic trajectory broads(sic) into the vehicle from the scene, I also was reviewing the pathology report from coroner's office evaluating the wound, the wound paths and the directions of the wounds as well as all photographic evidence and video evidence to reconstruct the crime scene and determine what had happened.
Q. Okay. Now in relation to firearms, when you were called upon to examine in relation to firearms expertise, what are you required to do?
A. Well, like I also did in Azario Major case my extensive experience working with firearms manufacturers as well as designing a firearms. My job is to look at the firearms and to determine the make and model and evaluate if there had been any modifications to the weapon, in fact, I have a case I am working at right now for the State of California where the Department of Justice having me evaluate the functionality of a weapon that was used in a murder.
Q. And have you reviewed crime scene photos before?
A. Yes, for years, they are one of the most valuable tools to help understand how to reconstruct the scene itself.
MS. CADET: My Lord, I have no further questions for this witness.
THE COURT: Yes, thank you.
Mr. Bailey.
CROSS-EXAMINATION BY MR. BAILEY:
Q. Good afternoon, Dr. Pumerantz?
A. Good afternoon.
Q. Dr. Pumerantz, what's the extent of your training in crime scene reconstruction?
A. My experience in training started back in I would say it is been 18 years ago when I first became involved in the Sheriff's department in Samber(sic) County we have what are called trimester training classes for continuing education, so every four months we're required to go through training that included everything from first aid to firearms training every trimester and at least annually we would go through the latest techniques for collection of evidence, witness statements etc., that's been going and went on until I retired in 2020.
Q. What about crime scene reconstruction?
A. Yes, crime scene reconstruction started around 2008 when I actually started to teach those courses in these areas for California Criminalistics Institute. So, most of the years, over the years, it's a lot of years now I have thought a lot of students who are the CSI's and crime lab technicians and even when I get called in for jury duty I have to disclose the fact that I probably taught whoever the lab tech is that's testifying.
Q. And what degree of training that can tell us that you have in this area?
A. My training in this area has been over 20 years of experience in the firearms industry of working in this area for again in the industry as well as for law enforcement for the sheriffs department.
Q. And what court can you say, which court if any has deemed you an expert in the area of crime scene reconstruction?
A. California, Supreme Court, which is called superior court here; the Oregon Supreme Court and most recently the Bahamian Coroner's Court.
Q. Can you give us example one of the names of cases when you were deemed expert when you gave evidence as a crime scene reconstruction expert please?
A. I cannot and the reason is that most of the cases that I work on backed all but the three of them this one being included in those three were all settled before they went to court, generally that's what happens when I present a report, the facts of evidence illuminated and the whichever side is utilized in that report will settle the case.
Q. So you have never given evidence this those cases you must submitted a report?
A. No, I gave evidence in the...
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