FROM THE START, A FAULTY SCIENCE:  Testimony on bite marks prone to error 
Series: TRIBUNE INVESTIGATIVE REPORT: FORENSICS UNDER THE 
MICROSCOPE; [Chicago Final Edition]
Flynn McRoberts and Steve Mills, Tribune staff reporters Tribune 
researcher Judith Marriott contributed to this report. Chicago Tribune. 
Chicago, Ill.: Oct 19, 2004. pg. 1
Abstract (Article Summary)

THE EXPERT WITNESS: RICHARD SOUVIRON Souviron holds a photo of 
executed serial killer Ted Bundy's teeth at an unrelated trial. 
Bite-mark evidence gained credibility when Souviron linked Bundy to a 
mark on a victim. 

THE FIELD: BITE-MARK COMPARISON Forensic dentist 
Richard Souviron, during a police workshop, urges caution over bite-mark 
comparisons: "You've got to be real careful with this kind of evidence." 
THE TOOLS: L-SHAPED RULER Meant to help analysts photograph and compare 
bite marks, it is one of the strikingly basic devices used by the 
field's experts. 

THE ACCUSED: [Ray Krone] The former postal worker 
(right), shown with his lawyer, was freed from prison after DNA testing 
cleared him in a Phoenix murder. Bite- mark evidence had connected him 
to the crime. AP photo by Charles Whitehouse. Theodore "Ted" Bundy. Bite 
mark, Impression from bite mark, X-ray of teeth, Transparent overlay. 
Photo of the wound. 

THE EXPERT WITNESS: [John Kenney] The Park Ridge 
dentist testifies for the state in a rape case involving bite marks. The 
defense's forensic dentist contradicted Kenney; the man on trial was 
acquitted. Dr. [Lowell Levine] Levine. 

THE ACCUSED: [Carol Ege] Buttons 
of Ege were worn to court by her supporters. She was convicted in 
Michigan of murder after forensic dentist [Allan Warnick] linked her to 
a purported bite mark on the victim. Defense experts had contended the 
mark was not a bite wound. GRAPHIC: Untested science links bite marks to 
suspects Forensic odontologists compare bite marks on a crime victim to 
suspects. ANALYZING BITE MARKS 1 Bite impressions found on the skin or 
an object are documented by notes and photography. 2 The bitten area is 
swabbed for saliva in an effort to get a DNA sample, and the bite mark 
is replicated by using impression material to create a mold. MAKING A 
COMPARISON 1 The suspect's teeth are examined, charted and X-rayed, and 
impressions are made. 2 Three-dimensional models of the suspect's teeth 
are made from the impression. There are several techniques to compare a 
suspect's teeth with bite marks. One method is to compare a life-size 
image of the teeth with a life-size photo of the bite mark. 

THE ISSUE 
Despite the inherent ambiguity of bite-mark comparisons, some forensic 
dentists continue to assert definitive matches. Sources: Forensic 
Dentistry Online, Dr. John Kenney Chicago Tribune/Gentry Sleets and 
Chris Soprych
Full Text (4920   words)
(Copyright 2004 by the Chicago Tribune)

The nation's leading forensic experts held their annual meeting in 1970 
at Chicago's Drake Hotel, and all of the old guard was there. 
Fingerprint experts. Document examiners. Pathologists.

Mingling among them on that late-winter day was a cluster of dentists 
who shared an interest in a budding discipline. They called it forensic 
odontology, a decidedly novel application of dentistry-- identifying 
violent criminals based on the bite marks they leave on the bodies of 
their victims.

But to create their own division within the American Academy of Forensic 
Sciences and gain the credibility this would bestow, 10 of these 
forensic odontologists were needed. Only eight were in the room.

The solution: They trolled the meeting rooms of the Drake and recruited 
a couple of pathologists who also held dental degrees.

With that, a new discipline was born, joining other more commonly known 
investigative tools such as toxicology and bullet matching.

Since that day in Chicago 34 years ago, bite-mark comparison has become 
a regular weapon in the forensic arsenal, with odontologists testifying 
in courtrooms hundreds of times.

They're usually brought in for cases of child abuse, rape and sex 
murders, where bite marks sometimes are found on victims. But concerns 
about forensic dentists center less on how often they testify than on 
how easily judges and jurors accept their opinions as scientific proof.

Courts frequently do so even though there is no accurate way to measure 
the reliability of bite-mark comparisons, and the method has gained 
acceptance without benefit of broadly reviewed research and scientific 
validation, elements that separate true science from guesswork.

The consequences of such subjective testimony are becoming clear. In 
recent years, new evidence, including DNA, has proved that even a number 
of the discipline's pioneers have contributed to wrongful arrests and 
put innocent people behind bars.

In some instances, odontologists can't even agree on the most basic 
issue--whether a wound is a bite mark at all.

Forensic odontology has come to represent a case study in how easily 
forensic science's false aura of infallibility can distort the 
adversarial system of American justice.

In that system, judges and juries are responsible for sifting through 
often-contradictory evidence. But when experts are allowed to overstate 
their findings and an unvalidated technique is equated with science, 
then the system can fail.

"I think bite marks probably ought to be the poster child for bad 
forensic science," said David Faigman, a professor at the University of 
California Hastings College of the Law and co-editor of "Modern 
Scientific Evidence."

It's not simply outsiders or defense attorneys asking fundamental 
questions. Inside the tight fraternity of odontologists, skeptics are 
raising concerns about bite-mark comparisons.

"Those comparisons are flawed and based on wishful thinking, as far as 
being conclusive scientifically," said Dr. Michael Bowers, an 
odontologist and lawyer who served on the examination and credentialing 
committee of the American Board of Forensic Odontology, the discipline's 
leading professional organization.

Bowers angered many of his peers when he co-wrote a controversial study 
in 2002 that estimated the performance of board-certified odontologists 
in a workshop exercise. Bowers figured that on average, they falsely 
identified an innocent person as the biter nearly two-thirds of the time.

Though that figure is hotly debated, even founders of the discipline 
express deep reservations about bite-mark comparisons.

"They have their place," said Dr. Edward Woolridge, a forensic 
odontologist from North Carolina. "But I know there's innocent people in 
jail because of bite-mark testimony."

In one notorious case, such evidence helped send Ray Krone to Death Row 
for the 1991 murder of a Phoenix cocktail waitress. The former postal 
worker spent more than three years on Death Row and seven years under a 
life sentence before DNA testing connected another man to the crime and 
exonerated Krone.

In many other cases, doubts about such testimony don't necessarily mean 
a defendant is innocent. But they go to an equally fundamental concern: 
the courts' ability to interpret and weigh forensic evidence accurately 
when a person's liberty is at stake.

Defenders of odontology contend that it can be valuable. In a case of 
child abuse, for instance, there usually are a limited number of people 
with access to the child. If bite-mark evidence can eliminate all but 
one of the people under suspicion, it can provide circumstantial 
evidence against the remaining suspect.

The chief goal of odontologists is "to testify as to the truth 
represented by the evidence, wherever the evidence leads," said Dr. 
Robert Barsley, an LSU dental professor and the odontology 
representative on the American Academy of Forensic Sciences board. "... 
It can be a useful forensic tool."

Still, too many forensic dentists are willing to testify beyond the 
limits of the evidence at hand, according to their own colleagues.

"Oftentimes these are horrific cases. So you get a lot of pressure by 
the [authorities] who employ odontologists to come down on one side of 
the fence--'Yes, it is this guy' or 'No, it isn't,'" said Dr. Iain 
Pretty, a British odontologist who has challenged Bowers' findings but 
shares some of his concerns.

"There's a lot of pressure, and conclusions are overstated."

Such concerns have been borne out in a host of examples where DNA later 
exonerated people imprisoned based on bite-mark testimony, or raised 
questions about their convictions.

In the case of Kennedy Brewer, a Mississippi dentist testified for the 
prosecution that 19 marks found on the body of his girlfriend's 
3-year-old daughter were human bites made by Brewer.

A defense expert, though, concluded they weren't human bite marks at 
all. The expert testified the marks actually were insect bites and the 
result of the girl's tiny body being left undiscovered in a creek for 
two days in May 1992.

Brewer was convicted and sent to Death Row. Years later, though, DNA 
evidence from semen found inside the girl excluded him and identified 
two unknown genetic profiles, prompting a new trial.

Brewer remains behind bars. And prosecutor Forrest Allgood said he would 
"absolutely" use the bite-mark testimony again, though it was given by 
Dr. Michael West, a controversial odontologist who once was suspended by 
the odontology board.

West is ready to repeat his testimony. "I don't know who killed this 
girl, but Kennedy Brewer's teeth were on her body...," he said. "It's 
not rocket science."

Birth of a discipline

In the early years of odontology, meetings were so small that 
conferences amounted to a few colleagues lecturing to one another. "We'd 
applaud each other like we were a big audience," Woolridge said. "It 
sounds kind of corny now."

But these informal sessions had a distinct purpose. By creating their 
own section within the forensic sciences academy, the odontologists 
helped establish the credentials they needed to go into court and 
testify as experts.

To this day, most of their forensic work involves identifying the 
remains of unknown people by matching teeth to dental records. Comparing 
bite-marks was a natural extension of this kind of work and allowed 
dentists who spend their workdays, as some say, "drilling, filling and 
billing" to pursue their interest in helping solve crimes.

It also can be lucrative. Forensic dentists' fees can range from $100 to 
$350 an hour, and a typical bite-mark case that goes to trial can earn 
them anywhere from thousands to tens of thousands of dollars. But those 
cases are rare, Barsley said.

One of the field's most prominent members is Dr. Richard Souviron, the 
chief forensic odontologist for the Miami-Dade County medical examiner's 
office. With his black cowboy boots and lightheartedly ghoulish sense of 
humor, Souviron is a favorite on the seminar circuit for cops learning 
to be homicide investigators.

He made his reputation--and, in the public mind-set, the reputation of 
bite-mark evidence--in a 1979 trial for the murder of two Florida State 
University students.

Theodore "Ted" Bundy was the accused. Investigators had found a 
pantyhose mask with hairs that state experts said were "consistent with 
Bundy's hair." But prosecutor Larry Simpson said the primary piece of 
physical evidence tying him to the slayings of Chi Omega sorority 
sisters Margaret Bowman and Lisa Levy was a bite mark on the buttocks of 
Levy.

Prosecutors wanted to introduce the evidence but were concerned about 
using the nascent technique in such a high-profile case. They knew it 
would be challenged.

To boost the discipline's credibility at the trial--and to meet the 
judicial test that such a novel technique was generally accepted in the 
scientific community--Simpson told Souviron they needed an expert from 
the West and the North to corroborate him.

So Souviron called two of his colleagues who had helped form the 
discipline nine years earlier: Dr. Lowell Levine, from New York, and Dr. 
Norman Sperber, who worked in San Diego.

The state put Souviron on the stand. "Can you tell me within a 
reasonable degree of dental certainty if those teeth made the marks?" 
Simpson asked, referring to molds of Bundy's teeth.

"Yes, sir," Souviron replied. "They made the marks."

The defense brought in a Maryland orthodontist who disputed the 
prosecution's contention that Bundy's teeth alignment was unique. He 
testified that "the dental pattern is one I'd expect to find in 20 
percent of the population of male Caucasians."

Bundy was convicted, thus adding legitimacy to the upstart discipline.

Twenty-five years later, Souviron acknowledges that the Bundy trial left 
a problematic legacy: "It catapulted bite-mark evidence to the point 
where [many] were saying, 'A bite mark is as good as a fingerprint.'"

In recent years, Souviron has preached caution, not certainty, when it 
comes to such evidence. At least in theory, so does the American Board 
of Forensic Odontology.

Board guidelines adopted in 1995 discourage members from using the term 
"match" because it "will likely be interpreted by juries as tantamount 
to specific perpetrator identification."

But the more nuanced phrases the board endorses for the clearest cases, 
such as "reasonable medical certainty," are defined as essentially the 
same thing--"no reasonable or practical possibility that someone else 
did it." Leading odontologists concede that such distinctions are lost 
on many jurors.

This spring, Souviron stood before a room full of police officers in the 
Miami-Dade medical examiner's office. They were taking a weeklong death 
investigation workshop, and Souviron had a couple of hours to introduce 
them to his specialty.

"Have you ever heard that bite marks are as good as a fingerprint?" he 
asked the group. A dozen or so hands shot up in the room of three dozen 
officers.

"You've heard it, right?" Souviron said. "Well, don't use it, because 
it's wrong."

The reasons are fairly simple. No research has been done to confirm that 
people's bite marks are unique. The alignment of people's teeth changes 
over time. And human skin shifts when it's bitten, and often just leaves 
bruising.

"You've got to be real careful with this kind of evidence," Souviron 
told the officers before leading them down a hall to the morgue to 
demonstrate his techniques on two corpses. It's "one more little nail in 
the coffin, and that's what you guys need to think of with bite marks."

On witness stands across the country, however, caution is often absent. 
The nation's certified forensic dentists, who number about 100, have 
played a key role in convicting hundreds of defendants.

In February, Souviron testified in the trial of Ronnie Keith Williams, 
who had just finished a sentence for rape and murder when he was charged 
in the 1993 murder of a pregnant teen.

Using the careful phrasing approved by the forensic odontologists' 
board, Souviron said, "In my opinion, within reasonable dental 
certainty, the teeth of Ronnie Williams left that bite mark."

But after he was challenged by the defense over his methodology, 
Souviron gave the kind of definitive testimony that he often cautions 
against.

"That bite mark was left by Mr. Williams," he said, "period."

Souviron, interviewed later, acknowledged that he had stepped over the 
line at Williams' trial, which ended with a guilty verdict and death 
sentence. "Had I been challenged on it, I would have said I misspoke. I 
should have said again, to a reasonable degree of dental certainty, period."

A "science-based art"

The tools of bite-mark analysis are strikingly basic. There's a 
putty-like material to preserve impressions of the mark; molds to 
reproduce the teeth of suspects; photographs and plastic transparencies 
to compare the molds with the wound.

One of the discipline's significant advances, introduced in the early 
1990s, is an L-shaped ruler, meant to assist analysts in photographing 
and comparing the marks.

A few years ago, image-enhancing software--purporting to make the 
features of a bite mark more visible--was introduced in several crime labs.

But neither computer technology nor low-tech tools address the more 
fundamental question: whether bite-mark comparisons are scientifically 
sound.

"This is truly an opinion," said Barsley, the odontology representative 
on the forensics academy board. "It's unlike DNA, where there's a 
mathematically predictable science behind that."

Barsley calls odontology a "science-based art" and notes that while a 
comparison of a bite mark and a wound can tell you they are "very 
similar, it can't tell you they're identical."

Most courts still allow forensic dentists to practice their work with 
few boundaries. But, in a rare move this year, a judge in Michigan 
strictly limited what the odontologists could assert, citing a ruling 
from that state's Supreme Court.

"You will not be discussing probabilities ... or degrees of certainty," 
the judge said, restricting them to saying whether they could exclude or 
not exclude certain suspects.

In many cases, superior evidence such as DNA has shown that bite- mark 
testimony may be wrong.

Dr. John Kenney, a Park Ridge pediatric dentist and odontologist, 
conducted a bite-mark analysis that proved crucial in the case against 
Harold Hill and Dan Young, who were convicted of the 1990 murder and 
sexual assault of a Chicago woman.

Police initially said Hill, Young and a third man all confessed to 
committing the crime together. But investigators later learned the third 
suspect's confession was false; he couldn't have done it because he was 
in jail at the time of the attack, suggesting Hill and Young's 
confessions may have been false as well.

Prosecutors then argued that Kenney's testimony corroborated the 
confessions by linking a purported bite mark on the victim to Young and 
a hickey on her to Hill.

But a recent reanalysis of the bite-mark evidence commissioned by the 
defense casts doubt on Kenney's testimony. Two other odontologists, 
including Bowers, examined his work and came to a different 
conclusion--that there was no match.

More important, perhaps, new DNA tests on scrapings from beneath the 
victim's fingernails excluded Hill and Young. Cook County prosecutors 
have been reinvestigating the case for more than a year and hope to 
complete the inquiry soon.

Kenney said he remains confident in his analysis of the Hill and Young 
case but expressed concern that he might have played a role in a 
wrongful conviction. "No one's going to be more upset than me if guys 
spent time in jail based in part on what I did...," he said. "I want to 
see justice served."

The inherent subjectivity in odontology, he said, leaves room for 
misleading testimony. "You get pushed a little bit by prosecutors, and 
sometimes you say OK to get them to shut up," Kenney said, acknowledging 
that he now wishes he had tempered his testimony in the Hill and Young 
case. "I allowed myself to be pushed."

A spokesman for the Cook County state's attorney's office said 
"prosecutors did not coerce this man into testifying to anything but the 
truth."

In another case involving DNA, Dale Morris Jr. of Florida was arrested 
in 1997 based on a bite mark that two forensic dentists used to connect 
him to the rape, torture and murder of a 9-year-old girl.

Morris was jailed for four months until DNA tests cleared him and 
authorities set him free. Two other men, including an uncle of the girl, 
are scheduled to go on trial in her murder next year.

The odontologist who gave investigators a second opinion that led police 
to arrest Morris? Souviron.

Key expert takes a hit

One of the few full-time forensic odontologists in the nation, Lowell 
Levine has a resume that reads like a sampling of the 20th Century's 
iconic events.

He helped investigate the assassinations of President John Kennedy and 
Martin Luther King Jr. He traveled with a team to Russia to examine the 
remains of Czar Nicholas II and his family. He was among the experts who 
identified the remains of Josef Mengele, the Nazi doctor who selected 
incoming Jews for labor or extermination at Auschwitz.

When the Sam Sheppard case, which inspired the TV program "The 
Fugitive," was reopened, he was called in on that too.

Working from his home office in Albany, N.Y., Levine divides his time 
between work for the New York State Police and consulting for both 
defense attorneys and law enforcement. His colleagues say they hold him 
in high regard as one of the field's top practitioners.

So it was no surprise in December 1998 when a team of Massachusetts 
State Police officers turned to Levine in hopes of solving the gruesome 
murder of Irene Kennedy.

The 75-year-old grandmother had been beaten and stabbed two dozen times 
while on a morning stroll with her husband in a park outside Boston. The 
killer, who attacked Kennedy when she and her husband briefly took 
separate paths, left a bite mark on her breast.

The investigators drove from Boston to Levine's office. Explaining the 
circumstances of the murder, they asked him to compare photos of the 
bite mark on Kennedy's body with a copy of a mold made from the teeth of 
a suspect, Edmund Burke.

Then in his mid-40s, Burke was a reclusive handyman who lived with his 
mother and dozens of stray cats in a small, ramshackle home about a 
quarter-mile from the park where Kennedy was killed. He became a suspect 
when police dogs led officers to his home.

Levine declined to discuss the case, citing a lawsuit Burke has filed 
naming him.

But in a sworn deposition taken in the lawsuit, Levine testified that 
after studying the materials in his office, he told the waiting officers 
he could not exclude Burke but would need additional information for a 
more definite opinion.

Three days later, Levine went to Boston to examine more evidence, asking 
police to provide him with enhanced photos of the bite wound. They did, 
and that, Levine said, was enough.

In his deposition, Levine said he concluded "to a reasonable scientific 
certainty" that Burke had left the bite on Kennedy's breast.

Police searched Burke's home, and arrested and jailed him. The county 
prosecutors called the bite mark the "most compelling evidence" in the case.

Less than six weeks later, though, officials had to admit they were 
wrong. DNA taken from saliva recovered on the bite mark was analyzed. A 
genetic profile was obtained, and prosecutors said it was not Burke's. 
He was set free.

Levine insisted in the January 2003 deposition that he had been correct 
when he linked the bite mark to Burke, although he also hedged a bit, 
saying he had never made a definitive "match."

Under questioning by a lawyer for Burke, who sued the police and Levine 
after he was cleared, Levine stood by his bite-mark analysis.

"Do you think he bit her breasts?" attorney Robert Sinsheimer, who 
represents Burke, asked Levine in the deposition.

"I think with a high degree of probability he did," Levine said. He 
offered possible explanations for why the DNA did not match Burke, 
including that police who had handled the crime scene contaminated the DNA.

He also noted that another prominent forensic odontologist, Dr. Ira 
Titunik of New York, had examined the evidence and concurred in his 
opinion. Titunik confirmed that he had informally examined the evidence 
and agreed with Levine.

But then Levine's analysis took another hit. In June 2003, some five 
months after Levine testified under oath and held fast to his bite-mark 
analysis, police announced they had made another arrest in Irene 
Kennedy's murder.

The genetic profile derived from the bite mark, the police said, had 
been entered into a database. It hit on a convicted murderer.

William Keating, the district attorney where the crime occurred, said 
there was "no question" in his mind that Burke was innocent of Kennedy's 
murder.

Roadblocks to reform

In the face of so many embarrassing mistakes, a small number of 
self-styled reformers inside the world of odontology have sought in 
recent years to determine just how accurate their discipline is.

But they've faced fierce resistance. Bowers, the California 
odontologist, was roundly criticized when he analyzed something 
innocuously called Workshop No. 4 at the 1999 meeting of the American 
Academy of Forensic Sciences.

Bowers said the results showed that on average, the examiners falsely 
identified an innocent person as the biter 63.5 percent of the time. 
"It's standing on a foundation of assumption," he said of the field.

His peers questioned his statistical analysis and noted that the 
workshop was never intended to be a proficiency test. But the furor 
underscored that odontologists have never agreed on any exam that would 
gauge the accuracy of bite-mark comparison.

Exacerbating the problem are often-weak standards. In Britain, where 
there are relatively few odontologists, a dentist must have examined 20 
bite-mark cases before being certified as a forensic odontologist. In 
the U.S., the American Board of Forensic Odontology requirements for 
certification include two bite-mark cases.

This month, as part of its annual meeting, the executive committee of 
the ABFO discussed changes in its recertification process to meet new 
standards imposed by the Forensic Specialties Accreditation Board. The 
committee agreed to recommend adding a written exam every five years 
that will cover all aspects of forensic odontology, from dental 
identification to bite-mark evidence.

"Like any organization, this is evolving," said Dr. John Lewis Jr., 
president of the ABFO. "And we saw it as a very good step, further 
strengthening our position as a certification body."

The exam will not, however, involve actual bite-mark comparisons.

A Tribune examination of criminal cases in which bite marks played a key 
role illustrates why credibility is a concern. The survey involved 154 
cases, mostly murders and rapes, that reached appeals courts in state 
and federal jurisdictions around the country- -just a sampling of the 
hundreds of times odontologists have testified.

Though not comprehensive, the survey found a disturbing pattern. In more 
than a quarter of those cases, the prosecution and defense offered 
forensic dentists who gave diametrically opposed opinions.

These were not simply another example of the competing experts common to 
many courtroom faceoffs. In some cases, the difference was so great that 
an odontologist said what one colleague considered human bite marks were 
not bite marks at all.

Such divergent opinions were at the center of the murder trial of Carol Ege.

In the years since someone murdered Cindy Thompson--stabbing and 
disemboweling a woman who was seven months pregnant--no one had been 
charged in the 1984 slaying. Then authorities took a fresh look at an 
old autopsy photograph of her body, which was found inside a wood- frame 
house in the gritty Detroit suburb of Pontiac.

To the original medical examiner, the mark on Thompson's left cheek was 
simply a pooling of blood left as she lay dying. But in Ege's 1993 
trial, jurors heard the bold proclamations of Dr. Allan Warnick, then 
the chief forensic odontologist for Wayne County, Mich.

Thompson's attacker had bitten her, Warnick told them. Not only that, he 
said, the bite mark on her cheek was so unique that he could pinpoint 
who made it: Ege.

"Let's say you have the Detroit metropolitan area--three, three- 
and-a-half million people," prosecutor Gregory Townsend asked Warnick. 
"Would anybody else within that kind of number match like she did?"

"No," Warnick replied. "In my expert opinion, nobody else would match up."

But after Ege's conviction, Warnick's ability as an expert came under 
serious doubt. In two murder cases, authorities relied on his opinion to 
arrest suspects, only to dismiss the cases after other forensic dentists 
disputed his comparisons.

"Therefore the office of the Wayne County prosecuting attorney will not 
approve warrants where the main evidence as to the identity of a 
potential defendant is the opinion of Dr. Warnick that he/she is the 
source of the bite marks," wrote Richard Padzieski, the office's chief 
of operations at the time.

Warnick directed requests for an interview to his attorney, Bruce 
Leitman, who said his client declined to comment. "Dr. Warnick's done 
nothing wrong," Leitman said.

In the Ege case, her defense presented a pathologist and a forensic 
dentist, both of whom testified that the mark on Thompson's cheek was 
pooled blood.

The dentist, Dr. Irvin Sopher, said that even if it were a bite mark, 
the pattern did not match Ege's teeth alignment.

Prosecutors offered a host of witnesses who testified to Ege's threats 
against Thompson, her rival for the affections of a mutual boyfriend. 
They say the bite mark was not a pivotal piece of evidence.

"It was just a drop in the bucket," said Kathryn Barnes, an assistant 
prosecutor for Oakland County who argued the state's case during Ege's 
second appeal of her conviction. "There was a mountain of evidence 
against Carol Ege."

But that wasn't how some of the jurors saw it. They noted that 
authorities knew of the threats against Thompson and other evidence 
nearly a decade before, yet chose not to charge Ege.

They were more impressed by Warnick's certitude and the evidence they 
were allowed to bring into the jury room, comparing photographs of 
Thompson's cheek with transparencies of the suspects' bite marks. They 
were convinced that only Ege's matched.

"The bite mark was the most convincing evidence because really it was 
the only thing that placed her at the crime...," one juror recalled in 
an interview. "That was the clincher."

"I remember thinking," said another juror, Nichelle Williams, "they got 
her now."

A Michigan appeals court called the case "troubling." It noted that 
while "the crime is horrific," there were "others who are logical 
suspects" and that "no physical evidence links defendant to the crime 
except" the bite-mark testimony.

The appellate court, though, upheld her conviction. Her case is now 
before a federal judge.

Serving a life sentence, Ege spends most of her days working in the 
prison library. If she isn't there, she is sitting in her cell watching 
her 12-inch TV. Her favorite show: "CSI: Crime Scene Investigation."

Her attorney, Carole Stanyar, is not a fan. She has a problem with the 
genre--namely, as with all crime dramas, the tidy separation of the 
guilty from the innocent at the conclusion of each episode.

"It's this false sense of certainty," Stanyar said. "That's what Warnick 
did. He gave [jurors] a false sense of certainty: You can feel 
comfortable convicting this woman."


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