Case (cite)
U.S. v. Johnson, 2019 WL 1130258 (S.D.N.Y. 2019)
Although this Court is aware of no decision that has outright excluded toolmark identification evidence as unreliable, over the past fifteen years the methodology for toolmark identification has come under increasing scrutiny in the courts.
It is also worth noting that the authors of the three scientific reports explicitly acknowledged that the rigorous, entirely objective, infallible, and certain standards that prevail within a scientific discipline are not necessarily properly applied in a courtroom. Indeed, the authors were careful to emphasize that their conclusions should not be read as commentary on the admissibility of toolmark evidence in courts.
Given the testimony at the Daubert hearing and the Government’s representations as to what it will elicit from Detective Fox, there is no need for this Court to impose limitations on Detective Fox’s opinions.