In reviewing this case law, the court notices a tension between Daubert and courts\u2019 tendency to separate the AFTE Theory’s scientific validity and the evidentiary reliability of toolmark analysis.<\/p>\n
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On limiting testimony: This more restrictive limitation is appropriate given the concerns raised by the PCAST Report about the lesser probative value of certain study designs and the reproducibility and accuracy of an individual examiner’s application of the \u201csufficient agreement\u201d standard. Placing this limitation on Detective Ring’s testimony will prevent the jury from placing unwarranted faith in an identification conclusion based on the AFTE Theory, which the current research has yet to show can reliably determine, to a reasonable probability, whether separate pieces of ballistics evidence have the same source firearm. However, it will still allow the jury to benefit from Detective Ring’s extensive knowledge and experience examining ballistics evidence.<\/p>\n
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Therefore, while the purported invalidity of the AFTE Theory does not preclude Detective Ring from testifying, the court seriously considers the PCAST Report’s critiques when assessing the reliability of Detective Ring’s proposed testimony.<\/p>\n
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The Government is also correct that, without exception, these courts have admitted the expert testimony. Id.; (see also Mem. at 12; Gov’t Opp’n at 14). However, many of these courts have expressed increasing concerns about the scientific validity of toolmark analysis, and have imposed restrictions on the proffered expert testimony<\/p>\n
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Even though prior decisions have found toolmark analysis to be reliable, it is incumbent upon this court to thoroughly review the critiques of the AFTE Theory found in the NRC and PCAST Reports and to consider whether they merit exclusion of Detective Ring’s testimony or, alternatively, appropriate limitations on his testimony.<\/p>\n
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NOTE: This case has a very thorough discussion of reliabilitiy<\/p>\n
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