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He must have been wearing an anti-Bush T-shirt no ? That's why the
dogs freaked out.
The New York Times
November 4, 2009
Picked From a Lineup, on a Whiff of Evidence
By JOHN SCHWARTZ
HOUSTON — A dog’s sniff helped put Curvis Bickham in jail for eight
months. Now that the case against him has been dropped, he wants to
tell the world that the investigative technique that justified his
arrest smells to high heaven.
The police told Mr. Bickham they had tied him to a triple homicide
through a dog-scent lineup, in which dogs choose a suspect’s smell out
of a group. The dogs are exposed to the scent from items found at
crime scene, and are then walked by a series of containers with
samples swabbed from a suspect and from others not involved in the
crime. If the dog finds a can with a matching scent, it signals —
stiffening, barking or giving some other alert its handler recognizes.
Dogs’ noses have long proved useful to track people, and the police
rely on them to detect drugs and explosives, and to find the bodies of
victims of crime and disaster. A 2004 report by the F.B.I. states that
use of scent dogs, properly conducted, “has become a proven tool that
can establish a connection to the crime.”
Scent lineups, however, are different. Critics say that the
possibilities of cross-contamination of scent are great, and that the
procedures are rarely well controlled. Nonetheless, although some
courts have rejected evidence from them, the technique has been used
in many states, including Alaska, Florida, New York and Texas, said
Lawrence J. Myers, an associate professor of animal behavior at the
Auburn University College of Veterinary Medicine.
In particular, the methods of the dog handler in Mr. Bickham’s case,
and in a half-dozen others that are the basis of lawsuits, have come
under fierce attack.
The handler, Deputy Keith A. Pikett of the Fort Bend County, Tex.,
Sheriff’s Department, is “a charlatan,” said Rex Easley, a lawyer in
Victoria, Tex., who represents a man falsely accused by the police of
murdering a neighbor. Deputy Pikett, the lawyer said, “devised an
unreliable dog trick to justify local police agencies’ suspicions” for
producing search warrants and arrests.
Deputy Pikett, who declined to be interviewed, works in the town of
Richmond, southwest of Houston, but he has served as a busy consultant
to law enforcement agencies around the state, using his home-trained
bloodhounds — he has given them names that include Columbo, Quincy and
Clue — to sniff out crime. A native of Buffalo, N.Y., he has by his
own estimate in court testimony performed thousands of scent lineups
since the 1990s. His lawyer said the techniques were effective.
Thomas Lintner, the chief of the F.B.I. laboratory’s evidence response
team unit, said the agency used scents only to follow a trail to a
suspect or to a place associated with him, and not to identify one
person out of several. The 2004 F.B.I. report warned that dog scent
work “should not be used as primary evidence,” but only to corroborate
other evidence.
In several of the cases that were based on Deputy Pikett’s dogs,
however, the scent lineups appear to have provided the primary
evidence, even when contradictory evidence was readily available. Mr.
Bickham spent eight months in jail after being identified in a scent
lineup by Deputy Pikett’s dogs, until another man confessed to the
killings. In an interview, Mr. Bickham scoffed at the accusation that
he had taken part in three murders, noting that he has been hobbled by
bone spurs and diabetes and is partially blind.
Ronald Curtis, another Houston man jailed on the basis of Deputy
Pikett’s dogs, was released from jail nine months after being accused
of a string of burglaries. Store videos showed that the burglar did
not resemble him. “Nobody was listening,” Mr. Curtis said.
Both he and Mr. Bickham are filing civil lawsuits over their treatment
in federal court on Wednesday.
The first person to file such a suit, in January, was Michael
Buchanek, a retired captain with the Victoria County, Tex., Sheriff’s
Department and a client of Mr. Easley. After Deputy Pikett’s dogs
identified him, Mr. Buchanek said the police “just kept telling me,
‘the dogs don’t lie — we know you did it.’ ” After months of
uncertainty, DNA evidence implicated another man who later confessed
to the crime.
As Mr. Easley examined the case, he sought the opinion of animal
investigation experts who reviewed Deputy Pikett’s work and responded
with incredulity. Robert Coote, the head of a British canine police
unit, reviewed videos of Deputy Pikett’s scent lineup in the Buchanek
case and stated, “If it was not for the fact that this is a serious
matter, I could have been watching a comedy.”
Mr. Easley shared his findings with colleagues at the Innocence
Project of Texas, a legal defense organization, which released a
report last month that excoriated dog scent lineups as a “junk science
injustice.” Jeff Blackburn, the chief counsel for the group, said
Deputy Pickett merely gave the police the match they had hoped for.
Mr. Myers, the animal behavior expert, suggested that handlers like
Deputy Pikett might believe in the dogs and the methods, but might
allow samples to become contaminated or inadvertently allow the dogs
to pick up on subtle, even unconscious signals from handlers or
detectives.
“They just don’t realize they’re doing it wrong,” he said.
Randall Morse, an assistant Fort Bend county attorney who is
representing Deputy Pikett, said the dogs provided information, not
conclusions of guilt or innocence.
“Pikett doesn’t arrest anybody,” Mr. Morse said. “Our dogs don’t say,
You murdered somebody. They don’t even say, You committed a crime.
They just say, We picked up your scent.”
Mr. Morse said scent lineups had proved their worth, as in the case of
Bart Whitaker, a Texan who hired friends to kill his family in 2003.
Deputy Pikett’s dogs helped identify the trigger man from eight
suspects. Mr. Whitaker is now on death row, and his accomplices are in
prison.
“We believe in this stuff,” Mr. Morse said.
Mr. Blackburn of the Innocence Project noted that the Whitaker case
involved a great deal of corroborating evidence beyond the dogs.
“Our estimate right now is we’ve got 15 to 20 people who are in prison
right now based on virtually nothing but Pikett’s testimony,” he said.
“That’s a big problem.”
Donna Hawkins, a spokeswoman for the Harris County district attorney’s
office in Houston, said she could not comment on the dispute over dog
scent lineups or on the re-examination of cases that involved them.
“Cases will be evaluated on an individual basis, considering all
relevant evidence,” Ms. Hawkins said.
As for Mr. Bickham, he said he had lost his home while in jail and had
struggled to restart his barbecue stand; he sold his cars to hire his
lawyer. These days, he said, he is easily agitated, cries readily and
is taking antidepressants.
“I lost everything,” Mr. Bickham said, because of “a nothing case.” |
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