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BITEMARK EVIDENCE A Color Atlas and Text Second Edition BITEMARK EVIDENCE A Color Atlas and Text Second Edition Edited by Robert B. J. Dorion CRC Press is an imprint of the Taylor & Francis Group, an informa business Boca Raton London New York CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2011 by Taylor and Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U.S. Government works Printed in the United States of America on acid-free paper 10 9 8 7 6 5 4 3 2 1 International Standard Book Number: 978-1-4398-1862-6 (Hardback) This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials or the consequences of their use. 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CCC is a not-for-profit organization that provides licenses and registration for a variety of users. For organizations that have been granted a photocopy license by the CCC, a separate system of payment has been arranged. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the CRC Press Web site at http://www.crcpress.com v Table of Contents Foreword to the Second Edition xi Foreword to the First Edition xiii Preface xv Acknowledgments xix Contributors xxi ISection A HiSToriCAl PErSPECTivE 1 History of Bitemark Evidence 3 DaviD R. Senn ISection I BiTEmArk rECogniTion 2 The role of Health Professionals in Diagnosing Patterned injuries from Birth to Death 25 John D. McDowell 3 role of the medical Examiner, Coroner, and Pathologist 33 JoSeph h. DaviS 4 The Team Approach in Bitemark investigation 43 veRonique F. DelattRe IISection I DESCriPTion oF THE BiTEmArk 5 The nature of Bitemarks 53 MaRk l. BeRnStein 6 reconstructive Bitemark Analysis 67 MaRk l. BeRnStein vi table of contents ISection V CollECTion oF BiTEmArk EviDEnCE A: noninvASivE AnAlySES 7 Photography 73 GReGoRy S. GolDen anD FRanklin D. wRiGht 8 Practical Tips in Forensic Bitemark Photography 103 luc GaGnon 9 image Processing and Analysis for Evidentiary Purposes 111 williaM R. oliveR 10 Bitemarks as Biological Evidence 131 DaviD Sweet o.c. 11 Bitemark impressions 145 RoBeRt B. J. DoRion 12 microscopy Techniques 153 peteR J. BuSh 13 nonperishables and Perishables 159 RoBeRt B. J. DoRion ISection V CollECTion oF BiTEmArk EviDEnCE B: invASivE AnAlySES 14 Tissue Specimens 167 RoBeRt B. J. DoRion 15 Histology and Timing of injury 195 JoSeph h. DaviS VSection BiTEmArk vAriABlES AnD CASES 16 Animal Bites 209 RichaRD R. SouviRon 17 Carnivore Bitemarks 217 RoBeRt B. J. DoRion table of contents vii 18 Human Bitemarks 241 RoBeRt B. J. DoRion 19 Patterns, lesions, and Trauma-mimicking Bitemarks 283 RoBeRt B. J. DoRion anD RichaRD R. SouviRon VSection I rESEArCH 20 Current Context of Bitemark Analysis and research 303 MaRy a. BuSh anD peteR J. BuSh 21 research, Emerging Technologies, and recent Developments 317 RoBeRt B. J. DoRion 22 Experimental Bitemarks and Histology 433 Michelle houDe 23 genotypic Comparison of Bacterial DnA recovered from Bitemarks and Teeth 453 GeoFFRey R. toMpkinS VISection I CollECTion oF EviDEnCE From THE SuSPECT 24 The Suspect 463 l. thoMaS JohnSon VIISection I mETHoDS oF ComPAriSon 25 methods of Comparison 469 Jon cuRtiS Dailey ISection X THE rEPorTS 26 Bitemark report 493 MaRk l. BeRnStein viii table of contents XSection PrEvEnTion AnD ConTAminATion 27 Precautionary measures 499 paul G. StiMSon XSection I lEgAl ConSiDErATionS AnD THE CourTroom 28 Science and the law 507 RichaRD a. MinceR anD haRRy h. MinceR 29 Case law 517 RoBeRt e. BaRSley 30 Contracting with the Expert Witness 543 RoGeR D. MetcalF 31 Courtroom Aids in Bitemark Evidence 561 John p. kenney 32 legal liability of an Expert Witness 569 haSkell M. pitluck 33 Wrongful Convictions and Erroneous Bitemark opinions 577 iain a. pRetty anD c. Michael BoweRS XISection I ConTEnTiouS iSSuES 34 reliability of Bitemark Analysis 587 iain a. pRetty 35 resolving issues in Bitemark Analysis 601 iain a. pRetty XIISection I APPEnDiCES Appendix 1: ABFo Bitemark Analysis Guidelines—outline 617 Appendix 2: ABFo guidelines for investigative and Final Bitemark reports 619 table of contents ix Appendix 3: Bitemark Checklist—Bitemark recipient 621 Appendix 4: Bitemark Checklist—Suspected Biter 625 Appendix 5: Sample Consent Form 629 Appendix 6: Dental nomenclature 631 index 633 xi The analysis of bitemark evidence is clearly the most challenging and arguably the most intriguing aspect of forensic dentistry. And the stakes involved are high, because the bitemark evidence in a case may well be the key factor in determining whether a human being will be exonerated or sentenced to death. The Arizona case of State v. Krone and the Florida case of Bundy v. State, discussed in Chapter 1, are just two of many cases in point. In 2003, Dr. Robert B. J. Dorion decided that there was a need to assemble the best in-depth knowledge available regarding bitemark evidence and create a high- quality text that would be a valuable and unprecedented tool for case work, research, teaching, and any other activity involving bitemarks. He developed a team of 21 exceptionally well-qualified contributors and worked industriously to assist them. The result was the 2005 publication of the first comprehensive text anywhere on the subject of bitemark evidence. As such, it is a land- mark in the field of forensic science. The outstanding reception received by the first edi- tion validated Dr. Dorion’s foresight and is a tribute to all who contributed to that monumental work. That edition also provided a solid foundation for enhance- ments, and the book you are now reading is a major step forward from the excellent first edition. The editor has maintained his insistence on quality and has added new topics, new contributors, and new chapters. Some chap- ters, such as Chapter 1, have been extensively rewritten and expanded. Others have been updated. The book is larger, even more comprehensive, and has far more color photographs than the first edition. Recent years have seen challenges to the legitimacy of various types of pattern analysis and this has certainly included bitemark analysis. These issues are addressed in depth in this text, starting at the end of the opening chapter. Much additional material presenting both the challenges and the responses are found in Chapters 20, 21, 28, and 33–35. I salute Dr. Dorion and the many top-flight indi- viduals involved in this effort for bringing together an awesome amount of information on an important sub- ject in an organized fashion. The text BitemarkEvidence remains unchallenged in its field. Most importantly, I believe that both the novice and the weathered veteran in forensic dentistry who seriously utilize the contents of this book will feel richly rewarded for having done so. I wish the reader well in the adventures that lie ahead. Gerald L. Vale, DDS, MDS, MPH, JD, D-ABFO Past president, American Board of Forensic Odontology; distinguished fellow, American Academy of Forensic Sciences Foreword to the Second Edition xiii This book, Bitemark Evidence, is a clear and welcome reflection of the maturing of forensic odontology as a science. It is a sign that the field is evolving past its ori- gins in a Frye-era “consensus of experts” and moving into an era of true scientific standards. It is also a signpost, pointing in directions still to be pursued. Those of us who have been in the field for some time can remember when we were hard pressed to find any reference text- books whatsoever on the subject of forensic odontology, let alone bitemark evidence. This volume was conceived by its editor, Dr. Robert Dorion, to advance current knowledge and techniques in bitemark analysis in the cause of justice. In any branch of science, the questions to be asked must be tempered by the availability of the means to answer them. Dr. Dorion has assembled a team of eminent forensic scientists from the disciplines of forensic odontology, DNA, pathology, and jurisprudence to present their views in the 13 parts of this much needed and long overdue book. The forensic community will surely appreciate the authors for the scope and depth of their knowledge of this fascinating subject. Professionals involved in the administration of justice will find this text to be an indispensable reference in any situation that confronts them with a question on the validity of bitemark evidence. The book will take the reader from the early history of bitemark investigation to the most sophisticated techniques in current use. For years, the Frye rule was the standard for admis- sion of bitemark evidence. The Daubert decision in 1993 radically changed the terms of admission and set the stage for objective and repeatable scientific stan- dards. The decade since Daubert has been characterized by unprecedented growth in all the forensic sciences. Odontology is no exception. We have seen the emergence and development of novel methods of analysis that would have seemed like pure science fiction to the founders of this field. These techniques have had a very real and positive impact in courtrooms throughout the world. The evolution of bitemark investigation in the post- Daubert era is well documented in the chapters of this book. Dr. Dorion has performed an invaluable service in presenting the most up-to-date techniques of bitemark analysis in an intelligent and easily referenced manner. He has wisely chosen his contributors, whose aggregate knowledge and experience represent the very backbone of this field. It is my privilege to have known Dr. Dorion since he was a young dental student. I have watched him grow into a leader in his field, and I hold him in the highest esteem. Likewise, I count the other contributors to this volume as valued colleagues and friends. Their work, as presented in these pages, will be an important and last- ing contribution to the science of forensic odontology for years to come. Arthur D. Goldman, DMD, FAGD, D-ABFO Past president, American Board of Forensic Odontology; past president, American Academy of Forensic Sciences Foreword to the First Edition xv The second edition of Bitemark Evidence, an atlas text- book, contains over 1,500 photographs, of which more than 1,300 are in color. It covers everything from the his- tory of bitemark evidence to diagnosis and on through courtroom testimony. The book will interest first responders, emergency room personnel, physicians, pediatricians, dentists, nurses, crime scene investigators, police identification and pho- tography personnel, medical examiners, coroners, path- ologists, law enforcement, forensic and social service personnel, lawyers, and judges. The faculties of medicine, nursing, dentistry, and law will find this atlas textbook an invaluable reference in the respective disciplines. The reader will appreciate the complexity, difficul- ties, and problems encountered by the expert in the field of bitemark evidence and its legal implications. This text is a collective work and as such reflects the knowledge, training, experience, opinions, and research of 27 authors from around the world. The protocols for photography, collection, preserva- tion, and analysis of bitemarks as well as the current and upcoming research are detailed and the legal implica- tions and ramifications discussed. In the realm of death investigation, the coroner, medical examiner, or patholo- gist is the primary diagnostician, controller of informa- tion, and provider of access to material. The emphasis of the textbook is on diagnosis, communications, and cooperation among the different experts. The atlas unravels the mystery of bitemarks in 13 sections. The first section is a new chapter on the histori- cal perspective fittingly described by Senn. His treatment begins with the earliest known bitemark references from the Bible and the Kama Sutra, through old English law, to early cases from around the world. The era of growth and development of bitemark analysis is accentuated by significant cases from Great Britain, Germany, Russia, Norway, Scotland, Canada, Australia, Africa, and the United States. The development of forensic organizations throughout the world is outlined. Lastly, the challenges to the legitimacy of bitemark evidence are described, with particular reference to the 2009 report of the National Academy of Sciences. Section II, on bitemark recognition, is divided into three chapters dealing with the roles of health profes- sionals and personnel from various fields. The teamwork approach in bitemark recognition, diagnosis, and investi- gation is emphasized. In Chapter 2, McDowell treats bit- ing associated with domestic violence and child, intimate partner, and elder abuse in the living. Davis (Chapter 3) relates the role of the medical examiner, coroner, and pathologist in bitemark detection and underlines pattern variables. Delattre expresses the rationale and benefits of the teamwork approach in Chapter 4. The importance of developing a teamwork protocol is emphasized as well as the role of each team member. In Section III, Bernstein (Chapter 5) describes the nature of bitemarks from class and individual character- istics to anatomy, variations, and pathology. In Chapter 6, he deals with reconstructive bitemark analysis: quality of the bitemark, profiling the biter and its limitations, and maintaining perspective. Sections IV(A) and IV(B), on the collection of bite- mark evidence, are divided into noninvasive and invasive analyses, respectively. The former is made up of seven chapters dealing with digital photography and practi- cal tips, image processing and analysis for evidentiary purposes, bitemarks as biological evidence, bitemark impressions, microscopy, and the handling of perish- ables and nonperishables. Golden and Wright discuss digital photography in Chapter 7, beginning with the principles of reflection, absorption, fluorescence, and diffusion. The digital arma- mentaria of cameras, lenses, and flash units are further analyzed. The different uses and types of photography, including infrared (IR), ultraviolet (UV), and alternate light imaging (ALI), are discussed with case presenta- tion. The application of photographic techniques for purposes other than the recording of bitemarks rounds off the chapter. A new chapter by Gagnon (Chapter 8) offers prac- tical tips in forensic bitemark photography. Image pro- cessing and analysis for evidentiary purposes is aptly described byOliver’s new contribution in Chapter 9. He discusses image processing, digital work flow, and soft- ware resources. Sweet discusses salivary swabbing and DNA analysis in Chapter 10. The discussion of salivary flow, physiology, cellular content, stability, recovery, storage, and transpor- tation of saliva as well as case examples more than ade- quately covers the theme. Preface xvi preface In Chapter 11, Dorion’s discussion of bitemark impressions includes a description of materials and new inclusions on techniques for hair removal and impression taking. A new contribution by Peter Bush (Chapter 12) explores the rationale, use, materials, and methods employed for confocal laser microscopy (CLM) and the scanning electron microscope (SEM) and pro- vides examples. The last of the noninvasive techniques is addressed by Dorion in Chapter 13. It describes the materials and methods employed in the handling, preservation, stor- age, and transportation of perishables and nonperish- ables as well as outlining the factors affecting bitemarks in perishables. The invasive analysis component to the collection of bitemark evidence is composed of two chapters on tissue specimens and histology. In Chapter 14, Dorion discusses skin wetness and dehydration, the ring technique for tissue excision, fixation, storage, postfixation and stor- age, transportation, and transillumination. Practical examples are demonstrated using the microscope and transilluminated tissue. The examples serve to illustrate the significance of transillumination. Davis eloquently introduces histology and the “tim- ing” of bitemarks in Chapter 15. He points out text- book discordance in estimating the timing of bruises while discussing the differences between abrasion, con- tusion/bruise, laceration, and postmortem bruising. Histopathology, histochemistry and biochemistry, and critique of the literature reviews help the reader under- stand the complexities of this evidence. Reliance on color determination for aging bitemarks is called into question. Section V explores bitemark variables while pre- senting case material in four chapters. In Chapter 16, Souviron deals with animal bites in general, incorporat- ing aquatic and carnivore bites, both fatal and nonfatal, as well as postmortem animal bites while suggesting an animal bite protocol. In Chapter 17, Dorion deals with nonfatal and fatal carnivore bites, including mountain lion, bear, and dog cases. Section 17.3, Forensic Nightmare: Misdiagnosis, exposes how a simple dog bite case evolved into a homi- cide charge and, 4 years later, resulted in civil litigation against the police, the pathologist, and the odontologist. There is discussion of the significance of pattern dis- tribution, wound patterning, clothing, “blood wiping,” tissue avulsion, and transillumination in case evaluation. Autopsy failures and forensic lessons learned conclude the chapter. Factors affecting bitemark dynamics introduce Chapter 18 on human bitemarks. Of the 100-odd fac- tors involved in bitemark dynamics, Dorion specifically deals with case presentations, cross-referencing several in other chapters. Hair, orifices, amputation/avulsion, pigmentation, healing, clothing, self-inflicted bitemarks, erectile tissue, and the presence of other trauma are among the subjects discussed. Dorion and Souviron team up in Chapter 19 to resolve issues of patterns, lesions, and trauma- mimicking bitemarks. They discuss healing and healed lesions as well as patterned injuries on the deceased. The reader is warned of the potential for misinterpreting emergency medical treatment or autopsy trauma as bitemarks. The chapter also addresses the issue of unspecified marks and lesions. Section VI on research is one of the major reasons for revising this edition. It incorporates four new chapters. The first, Chapter 20, is “Current Context of Bitemark Analysis and Research,” written by Mary and Peter Bush to include an overview of the National Academy of Sciences report and its implications in bitemark analysis. They discuss the uniqueness of the dentition and skin as an impression material. Chapter 21 by Dorion discusses research, emerging technologies, and recent developments. It contains over 430 color, UV, IR, and ALI photographs of “gold stan- dard” experimental bitemarks from infliction to 9 months postmortem in some cases. It discusses, among others, the topics of the influence of the presence of hair, cloth- ing, extracellular fluid, overlapping bitemarks, lingual markings, muscle perforation, lividity, and freezing. Chapter 22 is another new chapter dealing with experimental bitemarks and histology by Houde, a foren- sic pathologist and former coroner. She describes the normal porcine skin histology, the microscopic exami- nation of bitemarks on fresh and frozen piglet skin, and the microscopic examination of human bitemarks. Lastly, this section contains an update to Tompkins’s work on genotypic comparison of oral bacteria isolated from bitemarks and teeth in Chapter 23. Section VII comprises the collection of evidence from the suspect. In Chapter 24, Johnson explains questions of court order versus informed consent as well as the means and methods of obtaining the suspect’s dental history, intra- and extraoral photographs, and impressions. Section VIII, on methods of bitemark comparison by Dailey, introduces the concept of test and static bites. Bite exemplars in wax, Styrofoam, animal and human skin, and the dynamic test bites on volunteers, as well as standard dental impression materials, are evaluated. Methods of direct comparison and the avoidance of tech- nical problems regarding dental nomenclature and dental cast inversions in comparison techniques are addressed. The issues of simple versus computer-generated overlays and the respective problems of metric and digital analysis are effectively conveyed. Other comparison techniques, preface xvii three-dimensional pattern analysis, ink immersion, the dental line-up, and other methods of computer-aided visualization are discussed. Pattern recognition ability concludes Chapter 25. In Section IX, Bernstein (Chapter 26) discusses report writing: its goals, objectives, basic qualities, preparation, content, perspective, and security. He suggests measures for maintaining objectivity and addresses the issue of the components for a standard bitemark report. A new con- tribution includes the topics of disposition of evidence, investigator information, perspective, and security. Stimson points to issues of prevention and contami- nation in Section X. Various subjects are addressed in Chapter 27, from personnel to autopsy protocol, instru- ments, and equipment, to bitemark and dental impres- sions and casts. Section XI deals with legal considerations and the courtroom. The six chapters cover science and the law, case law, courtroom aids in bitemark evidence, and the legal liability of the expert witness. There are two new contributions on contracting with the expert witness, and wrongful convictions. Chapter 28 introduces the reader to the legal system by explaining science and the law, justice versus truth, the adversarial system, and evidentiary restrictions. Mincer and Mincer further discuss the principles of differentiating good from junk science, the importance of objectivity, the interplay and tension between science and advocacy, and how to approach serving as an expert witness in a bitemark case. Barsley discusses the foundation of case law in Chapter 29, the qualification of the expert, and the con- cept of “degree of certainty.” He delves into the battling experts, qualifying to testify, the expert’s testimony in opinion, and “linkage.” A new chapter by Metcalf (Chapter 30) introduces the notion of contracting with the expert witness. It explains the notion of a valid contract, oral versus writ- ten contracts, the offer, the acceptance, and theconsider- ation. A sample contract is included. In Chapter 31, Kenney introduces the topic of courtroom aids in bitemark evidence by emphasizing the need for simplicity, clarity, and conciseness on the part of the testifying expert witness. In the early 1970s, the analysis of bitemark evidence consisted of analyzing black-and-white photographs of dubious quality and producing hand-drawn overlays of the suspect denti- tion for comparison. Kenney itemizes different methods and materials that, historically, have been used in court- room presentations by forensic dental experts in bite- mark cases. The eye-opening Chapter 32 describes the legal liabil- ity of the expert witness with specific reference to foren- sic dentists. Pitluck emphasizes the reasoning behind absolute immunity and the changing concepts regarding that immunity and what to expect in the future. Chapter 33, the other new chapter in this section, written by Pretty and Bowers, discusses wrongful convictions and erroneous bitemark opinions. It describes the anatomy of a wrongful conviction including examples. Section XII, on contentious issues, is divided into two chapters concerning the reliability of bitemark evi- dence and resolving issues in bitemark analysis. Chapter 34 introduces concepts of reliability, validity, accuracy, sensitivity and specificity, receiver operator character- istics, and positive and negative predictive values. The effects of Daubert and other judicial rulings and the vari- ous research projects in bitemark evidence and their effect on statistics are alluded to. Chapter 35, also by Pretty, dis- cusses the human skin as a bitemark registration mate- rial and methods of analysis—both physical comparison and molecular biological techniques. Further discussion on the levels of conclusion and uniqueness of human dentition conclude the chapter. Lastly, Section XIII is composed of six appendices that will undoubtedly benefit the reader with their brev- ity, conciseness, and checklist approach. The views and opinions expressed by one contrib- utor in this edition may or may not coincide with or reflect the views and opinions of the other contributors. An attempt has been made, however, to reflect the con- temporary scientific view of the subject matter. Robert B. J. Dorion, editor xix I would like to thank all those who have contributed directly and indirectly to this project and in particular to the 27 contributing authors, without whom this book could not have been realized. To Dr. Jean Paul Valcourt (in memoriam) and Dr. André Lauzon, former directors of pathology at the Laboratoire de Sciences Judiciaires et de Médecine Légale, for their professionalism, cooperation, and encouragement over the years—and, above all, for hav- ing fostered the development of forensic dentistry in Quebec, thank you. Thank you to Drs. Serge Turmel and Louise Nolet, former and current chief coroners for the province of Quebec, for their cooperation. To my dental collaborators at the Laboratoire de Sciences Judiciaires et de Médecine Légale, Drs. Sylvain Desranleau, Sylvain Laforte, Marie-Josée Perron, and André Ruest, thank you for your assistance. Thank you to the forensic photographers in the identification section of the Quebec Provincial Police for their professional attitude and product and, in particular, Sgt. Luc Gagnon and Agt. Robert Fortin. Other photographs were taken by various police agen- cies, including the identification section of the Service de Police de la Ville de Montréal (SPVM), the Royal Canadian Mounted Police, the Ottawa-Carleton Police, the Winnipeg Police, and the Bermuda Police. To Dr. Linda J. Wykes, associate professor and William Dawson scholar, School of Dietetics and Human Nutrition, McGill University, thank you for your pre- cious collaboration. Thank you to the Office of the Chief Medical Examiner of the Commonwealth of Kentucky and to the Office of the Commonwealth Attorney of the Commonwealth of Kentucky for their cooperation. Special recognition goes to Louise Reynolds, Felicity Hawthorn, and Terry Maxwell for their cooperation and assistance. Lastly, I thank the various local, national, and inter- national friends and colleagues for the encouragement expressed and the cooperation received in the writing of this edition. Acknowledgments xxi Robert B. J. Dorion (editor), BSc, DDS, FACD, D-ABFO; director of forensic dentistry, Laboratoire de Sciences Judiciaires et de Médecine Légale, Ministry of Public Security for the Province of Quebec, Montreal, Quebec, Canada; assistant professor, faculty of dentistry, McGill University; adjunct research assistant professor, Dept. of Oral Diagnostic Sciences, School of Dental Medicine, SUNY at Buffalo; past president, American Board of Forensic Odontology; past president, Canadian Society of Forensic Science; distinguished fellow, American Academy of Forensic Sciences; fellow, Canadian Society of Forensic Science; member of the board of directors of the American Academy of Forensic Sciences. Robert E. Barsley, DDS, JD, D-ABFO; forensic den- tal consultant to the Orleans Parish Coroner’s Office and the Jefferson Parish Coroner’s Office, New Orleans, Louisiana; professor of comprehensive dentistry, and director, dental oral resources, LSUHSC School of Dentistry, New Orleans; past president, American Society of Forensic Odontology; secretary, American Academy of Forensic Sciences; fellow, American Academy of Forensic Sciences. Mark L. Bernstein, DDS, D-ABOMP, D-ABFO; pro- fessor of oral and maxillofacial pathology, University of Louisville School of Dentistry, Louisville, Kentucky; forensic dental consultant to Chief Medical Examiner’s Office, Commonwealth of Kentucky; fellow, American Academy of Forensic Sciences. C. Michael Bowers, DDS, JD, D-ABFO; deputy medical examiner, Ventura, California; associate clinical profes- sor, the Herman Ostrow School of Dentistry, University of Southern California, Los Angeles. Mary A. Bush, DMD; director, the Laboratory for Forensic Odontology Research, School of Dental Medicine, University at Buffalo, State University of New York at Buffalo, New York. Peter J. Bush, BS; director, South Campus Instrument Center; codirector, Laboratory for Forensic Odontology Research, School of Dental Medicine, University at Buffalo, State University of New York at Buffalo; adjunct professor, art conservation, Buffalo State College, Buffalo, New York. Jon Curtis Dailey, DDS, D-ABFO; part-time private practice in prosthodontics; forensic odontology consul- tant, State of Massachusetts Medical Examiner’s Office; adjunct faculty, Armed Forces Institute of Pathology; past president, American Society of Forensic Odontology; fellow, American Academy of Forensic Sciences. Joseph H. Davis, MD; retired chief medical examiner, Miami-Dade County, Florida; professor of pathology emeritus, University of Miami; certified by the American Board of Pathology in pathologic anatomy and foren- sic pathology; past president, American Academy of Forensic Sciences; past president, National Association of Medical Examiners; distinguished fellow and Gradwohl laureate, American Academy of Forensic Sciences. Veronique F. Delattre, BSc, DDS, FAGD, D-ABFO; director of quality assurance and risk management, and professor, University of Texas Dental Branch at Houston, Texas; forensic dental consultant, Harris County Institute of Forensic Sciences, Houston, Texas; fellow, American Academy of Forensic Sciences; fellow, Academy of General Dentistry; charter member, FBI-CJIS National Dental Image Repository Review Panel; recipient, 2008 FBI assis- tant director’s award for exceptional public service. Luc Gagnon, section head, Crime Scene Module Western Section, Forensic Identity Division, Criminalistics Service, Sûreté du Québec, Montreal, Quebec, Canada. Gregory S. Golden, DDS, D-ABFO; chief odontologist/ deputy coroner, County of SanBernardino, California; assistant professor, School of Dentistry, Loma Linda University, Loma Linda, California; fellow, American Academy of Forensic Sciences. Michelle Houde, MD; retired forensic pathologist and coroner for the Province of Quebec, Canada. L. Thomas Johnson, DDS, D-ABFO, CSCSA; associ- ate medical examiner, Milwaukee County Medical Examiner’s Office, Milwaukee, Wisconsin; professor, dental science, forensic dentistry and public health, Marquette University School of Dentistry, Milwaukee, Wisconsin; past president, American Board of Forensic Odontology; consultant, Wisconsin Department of Contributors xxii contributors Justice, Crime Laboratory Bureau; fellow, American Academy of Forensic Sciences; certified senior crime scene analyst, International Association for Identifica- tion, Crime Scene Certification Board; certified law enforcement instructor, Illinois Bureau of Law Enforce- ment Standards and Training. John P. Kenney, DDS, MS, D-ABFO, SCSA; deputy coroner and director of identification services, Du Page County, Illinois, Coroner’s Office; associate clinical profes- sor of surgery, Northwestern University Medical School; consultant, Joint POW-MIA Accounting Command, Hickam AFB, Hawaii; secretary and trustee, the Forensic Sciences Foundation; past president, American Board of Forensic Odontology; editorial board, Journal of Forensic Sciences, Journal of Forensic Identification; fellow, American Academy of Forensic Sciences; fellow, American Academy of Pediatric Dentistry. John D. McDowell, DDS, MS, D-ABFO; director, oral medicine and forensic sciences, University of Colorado School of Dentistry; chairman, oral diagnosis, oral medicine and oral radiology, University of Colorado School of Dentistry; past president, American Academy of Forensic Sciences; past president, American Society of Forensic Odontology; fellow, American Academy of Forensic Sciences. Roger D. Metcalf, DDS, JD, D-ABFO; director of the Human Identification Laboratory, Tarrant County Medical Examiner’s District, Fort Worth, Texas; distinguished vis- iting clinical professor, Texas Wesleyan University, Fort Worth; fellow, American Academy of Forensic Sciences; fellow, American College of Legal Medicine. Harry H. Mincer, DDS, PhD, D-ABFO; dental consultant to the medical examiner, Shelby County, Tennessee; pro- fessor and director of oral and maxillofacial diagnostic services, University of Tennessee College of Den tistry; past president American Board of Forensic Odontology; fel- low, American Academy of Forensic Sciences. Richard A. Mincer, JD; Hirst Applegate, LLP, Cheyenne, Wyoming; managing editor, University of Memphis Law Review; past president, Defense Lawyers Association of Wyoming. William R. Oliver, MD, MS (computer science), MPA (justice administration); professor and director of ana- tomic and forensic services, Department of Pathology and Laboratory Medicine, Brody School of Medicine at East Carolina University, Greenville, North Carolina; network administrator, Scientific Computing Network, Armed Forces Institute of Pathology; former regional medical examiner, Georgia Bureau of Investigation; former deputy medical examiner, Office of the Armed Forces Institute of Pathology; board certified in ana- tomic, clinical, and forensic pathology; fellow, College of American Pathologists, American Academy of Forensic Sciences, National Association of Medical Examiners; selected as one of Federal Computer Week’s 100 most influential information technology professionals, 1997; finalist, Berry Prize in Military Medicine, 1998; execu- tive committee, Scientific Working Group on Imaging Technology, Applied Imagery Pattern Recognition Workshop; chair, SWGIT Image Analysis Subcommittee. Haskell M. Pitluck, JD; retired circuit court judge (Illinois); past president, American Academy of Forensic Sciences; fellow, American Academy of Forensic Sciences. Iain A. Pretty, BDS (Hons), MSc, MPH, PhD, MFDSRCS (Ed); forensic dentist to the North West Coroner’s Services; forensic consultant to Merseyside and Cheshire Police Forces; senior lecturer in dental public health, School of Dentistry, University of Manchester. David R. Senn, DDS, D-ABFO; clinical assistant profes- sor, dental diagnostic science, University of Texas Health Science Center at San Antonio; director, Center for Education and Research in Forensics; chief forensic odon- tologist, Bexar County Medical Examiner, San Antonio, Texas; fellow, American Academy of Forensic Sciences. Richard R. Souviron, DDS, D-ABFO; chief forensic odontologist, Miami-Dade County Medical Examiner’s Office, Florida; adjunct professor, pathology, University of Miami School of Medicine; past president and found- ing member, American Board of Forensic Odontology; fellow, American Academy of Forensic Sciences; found- ing member of the Odontology Section of the American Academy of Forensic Sciences. Paul G. Stimson, DDS, MS, D-ABFO, D-ABOMP (emeri- tus); senior forensic consultant, Harris County Forensic Center, Office of the Medical Examiner, Houston, Texas; professor emeritus, University of Texas Dental Branch at Houston, University of Texas Health Science Center at Houston; past president, American Board of Forensic Odontology; past president and member emeritus, American Society of Forensic Odontology; fellow, Ameri can Academy of Forensic Sciences; DMORT team member. contributors xxiii David Sweet O.C., DMD, PhD, D-ABFO; director, Bur eau of Legal Dentistry Laboratory, University of British Columbia, Vancouver, Canada; professor, facul- ties of dentistry and medicine, the University of British Columbia, Vancouver, Canada; consultant forensic odon- tologist, Office of the Chief Coroner, British Columbia Coroners’ Service, Burnaby, Canada; consultant forensic odontologist, Royal Canadian Mounted Police Forensic Laboratory Services Directorate, Ottawa, Canada; fellow, American Academy of Forensic Sciences. Geoffrey R. Tompkins, PhD; senior lecturer, Department of Oral Sciences, and director, Oral Microbiology and Dental Health Research Theme, University of Otago, Dunedin, New Zealand; past president, Georgia Chapter, American Association for Dental Research. Franklin D. Wright, DMD, D-ABFO; forensic dental con- sultant, Hamilton County Coroner’s Office, Cincinnati, Ohio; fellow, American Academy of Forensic Sciences. iA Historical Perspective 3 1History of Bitemark EvidenceDaviD R. Senn Contents 1.1 Introduction 4 1.2 Early History of Bitemarks 4 1.2.1 From the Beginning through the Middle Ages 4 1.2.1.1 The Garden of Eden 4 1.2.1.2 The Kama Sutra 5 1.2.1.3 The Orkneyinga Saga 5 1.2.1.4 William the Conqueror (William I of England; William II, Duke of Normandy) 5 1.2.2 1600 to 1950 7 1.2.2.1 Mayhem and the Ancient Law of England, Seventeenth Century 7 1.2.2.2 Indentured Servitude, Seventeenth Century 7 1.2.2.3 Salem Witch Trials, 1692 7 1.2.3 Other Nineteenth and Early Twentieth Century Cases 7 1.2.3.1 The Coram Street Affair, London, 1872 7 1.2.3.2 The Woods of Chantilly 7 1.2.3.3 The Gangs of New York, Late Nineteenth Century 8 1.2.3.4 Transparent Overlays in Bitemark Analysis, Germany, 1924 8 1.2.3.5 Ohio v. Robinson, Ohio, United States, 1870 8 1.2.4 Additional Cases 9 1.2.4.1 Teeth Marks in Cigar Holders, Russia 9 1.2.4.2 Bitemark in Cheese, Germany, 1905 9 1.2.4.3 Bitemark in Cheese, England, 1906 9 1.2.4.4 The Heath Case, England, 1946 9 1.2.4.5 The Gorringe Case, England, 1948 9 1.2.4.6 Tunbridge Wells, England, 1949 9 1.2.5 Cases in Canada 10 1.2.5.1 Nova Scotia, 1924 10 1.2.5.2 Quebec, 1930 10 1.3 Bitemark Evidence in the Modern Era (1950–2010): Cases Leading to the Acceptance of Bitemark Evidence in Courts of Law 10 1.3.1 Doyle v. State, 1954 (Texas) 10 1.3.2 Wayne Clifford Boden, 1968–1971 (Canada) 10 1.3.3 People v. Johnson, 1972 (Illinois) 11 1.3.4 People v. Marx, 1974 (California) 11 1.3.5 State v. Bundy, 1979, 1980; Bundy v. State, 1984 (Florida)12 1.3.6 Other Significant Cases 12 1.3.6.1 State v. Milone, 1973 (Illinois) 12 1.3.6.2 Wilhoit v. State, 1991 (Oklahoma) 13 1.3.6.3 People v. Moldowan and Cristini, 1991; People v. Moldowan, 2002; People v. Cristini, 2004 (Michigan) 14 1.3.6.4 State v. Krone, 1992, 1995 (Arizona) 14 1.3.6.5 State v. Brewer, 1995; Brewer v. State, 1998, 1999 (Mississippi) 14 1.3.7 Cases in Modern Europe and the United Kingdom 15 1.3.7.1 Fredrik Fasting Torgersen, Oslo, Norway, 1957 15 1.3.7.2 Gordon Hay, Biggar, Scotland, 1967 16 4 Bitemark evidence: a color atlas and text, 2nd edition 1.1 introduction When human teeth contact objects or surfaces or, alter- nately, those objects or surfaces contact the teeth, a mark or marks may be left. Human teeth are capable of mark- ing almost any material that is softer than the enamel that covers their crowns. Not all of these marks should be called bitemarks. Those marks that occur as a result of objects or surfaces striking the teeth are more accu- rately called teeth marks. Bitemarks are created by the dynamic actions of the mouth and jaw complex of a per- son or animal. In human interactions, biting is known to occur in situations ranging from play to lovemaking and, more malevolently, in violent interchanges, such as fights and frays, and criminal activities from assaults to homicides. Bitemarks and teeth marks can be danger- ous to the health of their recipients. Closed-fist teeth mark injuries of the type seen in fistfights may result in serious infections, amputations, and even death [1]. In those instances that result in bitemarks, the biter may be a willing participant, an assailant, or a person assailed acting in self-defense. Bitemarks occur more frequently during these activities than most imagine. Some earlier societies have considered the teeth to be weapons necessary for defense in battle. Practitioners of forensic odontology confirm that the teeth are used as both defensive and offensive weapons. Teeth marks and bitemarks that have legal repercussions have been recorded in food such as cheese, sandwiches, fruit [2,3], food containers, and expanded polystyrene cups [4], as well as on other objects ranging from cigar holders [5,6] to duct tape bitten while immobilizing a victim [7,8] to a truck window trim strip bitten by a victim during sex- ual assault [9]. The resulting teeth marks and bitemarks often become important physical evidence in legal cases that deal with the disorder, havoc, injury, and mayhem of which humans are capable. 1.2 Early History of Bitemarks 1.2.1 From the Beginning through the middle Ages 1.2.1.1 The Garden of Eden In the first edition of Bitemark Evidence, Vale discussed the roles of Eve, Adam, and the serpent in the allegorical biting of the forbidden fruit [10]. This may be consid- ered by some the first case to include bitemark evidence. If that were true, it could also be considered the least controversial bitemark case; there were no lawyers, no dental experts, no jury, and only one judge. Both sus- pects confessed their joint culpability. One could argue, 1.3.8 Cases in Modern Africa 16 1.3.8.1 State v. Shabangu, 1998 16 1.3.8.2 State v. Nxele, 1999 16 1.3.8.3 Vierfontein, Free State, 2002 17 1.3.9 Cases in Modern Australia 17 1.3.9.1 Ipswich, Queensland, 1973 17 1.3.9.2 Darwin, Northern Territory, 1986 17 1.4 Forensic Odontology Organizations 18 1.4.1 International Organization for Forensic Odontostomatology (IOFOS) 18 1.4.2 The Odontology Section of the American Academy of Forensic Sciences (AAFS) 18 1.4.3 The American Society of Forensic Odontology (ASFO) 18 1.4.4 Canadian Society of Forensic Science (CSFS), Odontology Section 18 1.4.5 American Board of Forensic Odontology 18 1.5 History of Bitemark Education in North America 19 1.5.1 Armed Forces Institute of Pathology (AFIP) 19 1.5.2 McGill University and the Laboratoire de Sciences Judiciaires et de Médecine Légale (LSJML) 19 1.5.3 University of Texas Health Science Center at San Antonio Dental School 19 1.5.4 Bureau of Legal Dentistry (BOLD) 20 1.5.5 Other Courses 20 1.6 Challenges to the Legitimacy of Bitemark Evidence 20 1.6.1 Bitemark Evidence Controversies 20 1.6.2 National Academy of Sciences 2009 Report 20 1.7 Perspective on the Relationship between the Past and Future of Bitemark Evidence 21 Acknowledgments 21 References 21 history of Bitemark evidence 5 perhaps, that groundwork was laid for future cases involving bitemarks in food, including apples. 1.2.1.2 The kama Sutra The ancient Sanskrit compendium text first published in its current form in the second century CE includes a list of various types of bites and describes their roles in love- making and beyond. Although certainly not forensic in nature, these descriptions can be considered the earliest known classification system for bitemarks. The types of bites listed are the hidden bite, the swollen bite, the point, the line of points, the coral and the jewel, the line of jew- els, the broken cloud, and the biting of a boar. The Kama Sutra [11] further describes each of the bite types: The biting, which is shown only by the excessive red- ness of the skin that is bitten, is called the “hidden bite.” When the skin is pressed down on both sides, it is called the “swollen bite.” When a small portion of the skin is bitten with two teeth only, it is called the “point.” When such small portions of the skin are bit- ten with all the teeth, it is called the “line of points.” The biting, which is done by bringing together the teeth and the lips, is called the “coral and the jewel.” The lip is the coral, and the teeth the jewel. When biting is done with all the teeth, it is called the “line of jewels.” The biting, which consists of unequal risings in a circle, and which comes from the space between the teeth, is called the “broken cloud.” This is impressed on the breasts. The biting, which consists of many broad rows of marks near to one another, and with red intervals, is called the “biting of a boar.” This is impressed on the breasts and the shoulders; and these two last modes of biting are peculiar to persons of intense passion. Both the “line of points” and the “line of jewels” are to be impressed on the throat, the arm pit, and the joints of the thighs; but the “line of points” alone is to be impressed on the forehead and the thighs. The Kama Sutra [11] also offers advice on personal behavior following being bitten: When a man bites a woman forcibly, she should angrily do the same to him with double force. Thus a “point” should be returned with a “line of points,” and a “line of points” with a “broken cloud,” and if she be exces- sively chafed, she should at once begin a love quarrel with him. The love quarrel, then as now, was apparently much dreaded. 1.2.1.3 The Orkneyinga Saga This history of the Orkney Islands of Scotland includes an account of fatal teeth marks. In the year 892, a Norwegian earl, Sigurd (the Mighty), arranged a meeting with a rival Scottish earl, Maelbrigte (the Bucktoothed), ostensibly to discuss and peacefully settle differences. Sigurd arrived at the meeting with double the agreed force by placing two men on each horse. Although Maelbrigte recognized the treachery in advance, noting two legs on each side of every horse, he and his men engaged the Norwegians. They fought bravely but were overwhelmed and killed by the superior force. Sigurd ordered the beheading of the defeated Scots. Their severed heads were tied to the saddles of Sigurd and his men to make a show of the victory. As Sigurd spurred his horse for the triumphant ride home, he struck his bare calf against the protruding teeth of Maelbrigte’s head slung from his saddle. The resulting injury led to infection, swelling, fever, and, ultimately, to the death of Sigurd the Mighty. He is buried on the bank of the Oykel River near the present-day Scottish town of Dornach [12]. 1.2.1.4 William the Conqueror (WilliamI of England; William II, Duke of Normandy) It has been previously reported that William, the Norman conqueror of Britain at the 1066 Battle of Hastings, would sometimes seal official documents by biting his teeth into the wax seals affixed [13]. In The Curiosities of Heraldry, Mark Antony Lower reported that William gave an estate near Leeds in York to a fam- ily named Roydon. There are two separate but similar accounts of the wording of the deed. Only one refers to the biting of wax and that document is questionable and no longer exists. The elusive title deed, which would have been created around 1069 CE, was “formerly in the possession of the family” [14] (Figure 1.1). A similarly worded version omits the biting of the wax [14]: I, William King, give to thee, Powlen Rowdon, my hop and my hoplands, with all the bounds up and downe, from Heaven to Earth, from Earth to Hell, for thee and Figure 1.1 title deed transferring land from king william to the Roydon family. 6 Bitemark evidence: a color atlas and text, 2nd edition thine to dwell, from me & mine to thee & thine, for a Bowe and a broad Arrow, when I come to hunt upon Yarrow; in witnesse Magge, Maude, and Margery, & my third Son Henery. That the teeth were used in ancient times to mark sealing wax, however, is clearly seen in one of two beau- tifully illustrated books privately published in 1847, Sigilla Antiqua, 2nd Series [15]. The volume contains high-quality engraved images of ancient wax seals. The first image of plate 1 in volume 2 depicts an engraving of a wax seal containing the imprints of anterior teeth. The exact date of the transfer is unknown, but the postscript indicates that the transfer occurred during the reign of Edward II (1284–1327) (Figures 1.2 and 1.3). As a postscript to the second series, Sir Thomas Hare, baronet of Stowe-Bardolph and sponsor of the series, added, “It has been said that before the use of Seals was in England, divers writing had the wax of them bitten with wang tooth of him that passed them.” Taylor notes that they sometimes include the inscription shown in Figure 1.4. He adds, “What amount of truth there may be in this assertion I pretend not to say: we have here, however, at a later period, an example in which, for lack of Seal, the fair Agnes has sharply impressed the form of her teeth upon the wax” [15]. Though the teeth shown in the figure are clearly anterior teeth, the term “wang” tooth usually refers to a “cheek” or “jaw” tooth, gener- ally understood to mean a molar [16]. Figure 1.2 “no. 1. the impression of teeth on wax, in place of Seal, of agnes the daughter of agnes, daughter of willim Fiz of Fyneham, to a Deed by which she enfeoffs adam de Fyneham, in one acre and three roods of land there. S.D. temp. edw. 2.” (taylor and hare. 1847. Sigilla Antiqua. Engravings from Ancient Seals Attached to Deeds and Charters in the Muniment Room of Sir Thomas Hare. Stowe-Bardolph. priv. print. 1 p.l., 14 l 15.) Figure 1.3 numbers 1 through 3 of the engravings of ancient wax seals as seen in Sigilla Antiqua. (taylor and hare. 1847. Sigilla Antiqua. Engravings from Ancient Seals Attached to Deeds and Charters in the Muniment Room of Sir Thomas Hare. Stowe-Bardolph. priv. print. 1 p.l., 14 l 15.) Figure 1.4 according to taylor, inscriptions such as this sometimes accompanied bitemarks in wax. history of Bitemark evidence 7 1.2.2 1600 to 1950 1.2.2.1 Mayhem and the Ancient Law of England, Seventeenth Century In seventeenth century England, the act of humans bit- ing humans during violent interchanges was well known. According to the Lawes of England, the loss of the teeth at the hands of another was considered to be the crime of mayhem, depriving one of “a member proper for his defense in fight.” During that period in England, mayhem was punishable by death [17]. This interest- ing ancient law clearly illustrates a fact well known to modern forensic odontologists but perhaps not as widely known generally: People often bite other people, espe- cially during violent interaction. 1.2.2.2 Indentured Servitude, Seventeenth Century Debtors and others desiring passage to the New World would often enter into agreements with entrepreneurs who financed their passage. They agreed either to work for a specified period of time or to repay the agreed amount. Some would verify the agreement by biting into the document seals in lieu of or in addition to signatures. They were referred to as indentured servants [18]. An alternate explanation of the term refers to the practice of drawing up the agreement in duplicate, then cutting or tearing between them in a zigzag manner so that the two halves of the document could be fitted together to assure authenticity [19]. 1.2.2.3 Salem Witch Trials, 1692 In her deposition, 17-year-old Mary Walcott testified that “Mr. George Burroughs or his Apperance came to me whom I formerly well knew and he did immediately most greviously torment me by biting pinching and almost choacking me urging me to writ in his book” [20]. Similar depositions and testimony against the lay minister led to his being tried as a male witch or wizard. The indictments cited those depositions and listed [20] Sundrey other Acts of witchcrafts by Said George Burroughs upon the bodies of Mary Walcot, Marcy Lewis, Abigail Williams, Ann Putnam and Eliz. Hubbard and Susan Sheldon Upon Som: or all of them, of Salem Village or farm[es] whereby great hurt and dammage benne donn[e] to the Bodys of s’d persons above named therefore Craved Justice. Burroughs protested his innocence and stated that he was incarcerated at the time of most of the accused occurrences. The alibi was circumvented by claims that Burroughs’s specter, the previously mentioned “Apperance,” did the actual biting. His mouth was pried open in court and it was declared that he was the biter. Burroughs was convicted. Mr. Burroughs was carried, through the streets of Salem to Execution; when he was upon the Ladder, he made a Speech for the clearing of his Innocency, with such Solemn and Serious Expressions, as were to the Admiration of all present; his Prayer (which he concluded by repeating the Lord’s Prayer) was so well worded, and uttered with such composedness, and such (at least seeming) fervency of Spirit, as was very affect- ing, and drew Tears from many (so that it seemed to some that the Spectators would hinder the Execution). (Calef [21]) It was widely believed that witches could not recite the Lord’s Prayer. Unfortunately, Burroughs had a reli- gious rival, Rev. Cotton Mather, who believed him to be, unforgivably, both a witch and a Baptist! Mr. Cotton Mather, being mounted upon a Horse, addressed himself to the People, partly to declare, that he [George Burroughs] was no ordained minister, and partly to possess the People of his guilt; saying, That the Devil has often been transformed into an Angel of Light. In doing this he reassured the crowd of Burroughs’ guilt and the execution proceeded. (Calef [21]) George Burroughs was executed on August 19, 1692. As Vale prophetically stated in the first edition, “Thus, the Salem Witch Trials provide a thought-provoking backdrop for the introduction of bitemark evidence into the American judicial system” [10]. 1.2.3 other nineteenth and Early Twentieth Century Cases 1.2.3.1 The Coram Street Affair, London, 1872 In his 1937 book, The Criminals We Deserve, Henry T. F. Rhodes cites cases involving bitemark evidence. In the Bloomsbury district of London, the Coram Street affair of 1872 concerned the murder of a prostitute. A German pas- tor was accused and part of the evidence was a bitemark in an apple. The evidence was poorly managed and the pas- tor had strong political influence. He was acquitted [22]. 1.2.3.2 The Woods of Chantilly Rhodes also cites the successful prosecution of a man for attempted rape in the woods of Chantilly. During the attack, thevictim bit the attacker and escaped. The suspect claimed the injury to his right hand was not a result of a bite. “But under the skilled examination of an expert in identification they were proved to correspond 8 Bitemark evidence: a color atlas and text, 2nd edition at ten points with the marks made by the girl’s teeth. The man was convicted” [22]. 1.2.3.3 The Gangs of New York, Late Nineteenth Century In the last 20 years of the nineteenth century, tough guys and professional thugs in the gangs of New York could be hired to maim and murder. Rhodes published a tariff found on one of those thugs, Piker Ryan, when he was arrested [22]. The tariff included the following disturb- ing price list: Punching 2 dollars Both eyes blacked 4 dollars Nose and jaw broke 10 dollars “Jacked” out 15 dollars Ear chawed off 15 dollars Leg or arm broke 19 dollars Shot in leg 25 dollars Stab 25 dollars Doing the big job 100 dollars and up Avulsive bitemarks of ears are not uncommon in violent interchanges today. The bizarre antics of Mike Tyson in his boxing match with Evander Holyfield form a well- known example. 1.2.3.4 Transparent Overlays in Bitemark Analysis, Germany, 1924 Ferdinand Strom, among others, noted that the German forensic odontologist A. Sorup was an early investiga- tor of bitemarks. In a 1924 case Sorup reported the use of transparent paper representations of suspects’ denti- tions compared to life-sized images of bitemarks [23,24]. These may be considered as precursors to the more mod- ern transparent overlays. In a notably comprehensive chapter on bitemarks in his still impressive 1976 book, Dental Identification and Forensic Odontology, Harvey referred to cases with bitemark evidence occurring prior to 1950 in North America (1925, 1944), the United Kingdom (1937), and Germany (1929, 1932, 1938) [3]. 1.2.3.5 ohio v. robinson, Ohio, United States, 1870 In 1990, Pierce, Strickland, and Smith published an arti- cle describing an 1870 case involving bitemark evidence [25]. This is very likely the first case in North America that included the testimony of a dentist in a bitemark case. Records of the trial are sparse and most of the informa- tion about it comes from newspaper accounts. Ansil L. Robinson was charged with the murder of his mistress, Mary Lunsford. Prosecutors introduced evidence that alleged Robinson had left bitemarks on the victim’s arms. “A further examination revealed a large cut in her abdo- men and her arm showed five bites, the print of teeth being plainly visible” [26]. Three dentists, Dr. C. R. Taft and Drs. DeCamp and Watt, testified at trial for the pros- ecution. All three agreed upon these points: The marks on Mrs. Lunsford’s arm were of teeth made by biting. The marks were plain and easily observed. There was also a distinct area of ecchymosis asso- ciated with the injury. The teeth of each individual are unique. The marks made by a set of teeth can be distinguished from marks made by another set of teeth. The teeth do not imprint well into the tissue of the arm. The marks could be evaluated. There were five distinct teeth marks demonstrated in the bite. The models of Robinson’s teeth fit well into the marks. Robinson’s teeth had made the marks. For the defense, a physician testified and described his unusual examination technique. At the scene, shortly after the body had been discovered, a Dr. Whitney bit the victim’s arm “with his own teeth” to compare his teeth marks with those already present. The article reports that he also later asked Robinson to bite his (Dr. Whitney’s) arm, in order to compare the mark with those on the body of Lunsford. Three other physicians testified for the defense. The judge summarized the case presenta- tions in his instructions to the jury [26]: It is claimed that the deceased when first discovered, had marks on the arm of a bite of the human mouth— that they must have been inflicted at the time of the kill- ing—that a model or copy of the defendant’s mouth was then obtained: and when tested and applied directly to the arm and marks, it corresponded and agreed accu- rately in every particular. It is further claimed by the State that the model is an accurate copy of the defen- dant’s mouth, and the mode of taking it is reliable—that the human teeth, by a bite will be distinctly and accu- rately imprinted on the human arm: that the diversity of human mouths is almost infinite and endless: that the diversity is so great that no two exactly alike can be found: that the distinctive peculiarities of the defen- dant’s mouth are even greater than is ordinarily found. For the defendant, it is claimed that the mode of taking the model of his mouth is unreliable and conse- quently the models are inaccurate: that the human teeth will not be accurately imprinted on the human arm by history of Bitemark evidence 9 a bite and that an accurate, or reliable test cannot he made by the application of a model of a mouth to the marks of a bite on the arm: that there is such a general uniformity of human mouths that the means employed by the State to ascertain and identify the mouth that inflicted the bites cannot be relied on in the case. The jury deliberated for 6 hours and found Robinson not guilty. The procedures used, testimony given, and legal points cited are all remarkably similar to those of many cases that followed. 1.2.4 Additional Cases 1.2.4.1 Teeth Marks in Cigar Holders, Russia In Teeth That Told, Keiser-Nielsen offers an account of a Russian case reported in a doctoral thesis at the University of Lyon in France. An expensive amber cigar holder found at a murder scene contained clearly visible depressions presumably caused by the irregular teeth of the owner. The depressions did not fit the victim, so the investigators theorized that the holder may have belonged to the killer. During the inquest, the judge asked a cousin of the victim during his testimony to try the holder in his mouth. The cousin “went pale and refused.” He was immediately arrested and his teeth “fitted exactly” into the depressions in the cigar holder [4,6]. 1.2.4.2 Bitemark in Cheese, Germany, 1905 During a robbery in Germany in 1905, the culprit took a “goodly bite” out of a piece of Swiss cheese and left it on a windowsill. Police had a plaster cast made of the cheese. The resulting model showed an abrasion on the left side that was interpreted as a “pipe hole,” implicating one of several suspects [2]. 1.2.4.3 Bitemark in Cheese, England, 1906 In a 1906 burglary case in County Cumberland in north- ern England, a piece of cheese allegedly bitten by one of two accused burglars was brought into evidence. Dental impressions were made and resulting models compared to the cheese. The teeth of one of the two accused men were judged to fit the bitemark in the cheese, leading to the conviction of that man [3]. In a 1925 murder trial in Boston, the prosecutors claimed that marks on the left forearm of a murdered policeman were teeth marks and that the defendant’s lower anterior teeth, as shown in plaster of Paris mod- els, “fitted these marks.” As a single arch “bitemark,” the prosecution theorized that the dead policeman’s rubber coat sleeve may have blocked the upper teeth. Over 1,000 mouths were inspected in an attempt to find teeth resembling the alignment seen in the bitemark and the defendant’s teeth. Impressions of more than a dozen of the most similar mouths failed to produce models that corresponded as well to the indentations in the skin as the defendant’s. The mark had been excised and stored in formalin. The changes in the excised skin compromised the accuracy of the prosecution’s case. The sketches of the indentations in the skin made at autopsy and 13 days later showed changes that did not correspond with meas ure ments of the defendant’s teeth, weakening the prosecution’s case [27]. 1.2.4.4 The Heath Case, England, 1946The well-known forensic pathologist, Professor Keith Simpson, was involved in a famous murder case with bitemarks. Neville Heath, by all accounts, was an attrac- tive and charming young man, but a habitual liar with unsavory habits. On June 20, 1946, he took Margery Gardner to London’s Pembridge Court Hotel after drinking at a local club. The next morning the maid found Gardner’s badly beaten and lifeless body tied on the bed. The nipples of both breasts were almost bitten off. Heath fled London to Bournemouth, changing his name to Group Captain Rupert Brooke. There he met and murdered Doreen Marshall. Her body was not found until after Heath had been arrested and returned to London under suspicion for the Gardner murder. Two deep knife wounds to the throat had killed Marshall. One nipple had been completely bitten off. Simpson was unable to link Heath definitively to the Gardner breast bitemarks due to the severity of the injuries. Heath was tried in September 1947 and found guilty. He was hanged October 16, 1946, at Pentonville Prison [28]. 1.2.4.5 The Gorringe Case, England, 1948 Professor Simpson utilized bitemark analysis in another case. His testimony contributed to the evidence that led to the conviction of Robert Gorringe for the murder of his wife, Phyllis. Simpson’s opinion to the court that the bitemarks on Mrs. Gorringe’s body were made by her husband was one of the first recorded instances of foren- sic odontology evidence in an English court being used to relate the teeth of a biter to bitemarks on skin [29]. 1.2.4.6 Tunbridge Wells, England, 1949 Professor Simpson was also involved with the investiga- tion of a New Year’s Day, 1949, murder in Kent. A girl had been killed in the back of a lorry, behind the police station in Tunbridge Wells. Her head had been battered in, she had been sexually assaulted, and there was a bite- mark on her right breast. Unable to locate a dentist in the early hours of the morning after the crime, Professor Simpson himself took the dental impressions of the suspect. The unfortunate girl’s husband was arrested, 10 Bitemark evidence: a color atlas and text, 2nd edition charged, and convicted. Again, no dentist was involved in the prosecution of this case, but dental evidence played an important role [30]. 1.2.5 Cases in Canada 1.2.5.1 Nova Scotia, 1924 The first known bitemark case in Canada occurred in Sheet Harbor, Nova Scotia, in 1924. Two local dentists, Drs. Bagnall and Faulkner, identified the bitemarks in an apple left at the scene of a burglarized clothing store as belonging to the teeth of the suspect, William Steele. He was convicted of burglary [31]. 1.2.5.2 Quebec, 1930 In a 1930 Quebec case, a murdered infant was found with multiple bitemarks (Figure 1.5). This may be the first North American case of human bitemarks on skin that is documented by archival photography [10]. 1.3 Bitemark Evidence in the modern Era (1950–2010): Cases leading to the Acceptance of Bitemark Evidence in Courts of law 1.3.1 Doyle v. State, 1954 (Texas) The first reported case in the United States involving bitemarks was an appellate case. In the original case, Doyle had been accused of burglary and he allegedly left his bitemark in cheese at the scene (Figure 1.6). This first reported U.S. case is significant for establishing admis- sibility in a court of law of bitemarks in food. A firearms examiner, with supporting testimony from a dentist, gave the testimony concerning the pattern evidence. At issue in the appeal was the manner in which the evi- dence from the alleged biter was collected. Mr. Doyle was asked to bite into another piece of cheese, which he did voluntarily. This evidence was introduced at trial and compared with the cheese from the crime scene, establishing a link between Mr. Doyle and the burglary. Doyle was convicted and the conviction was appealed later that same year on the grounds that Doyle’s constitutional rights were violated. The appellant claimed that a court order had not been issued for the gathering of evidence in violation of the Fourth Amendment, protection from illegal search and seizure, and the Fifth Amendment, the right to protection from self-incrimination. The appeals court denied Doyle relief on both issues [32]. 1.3.2 Wayne Clifford Boden, 1968–1971 (Canada) Boden was a Canadian serial killer also known as the “vampire rapist” because he left bitemarks on the breasts of several of his victims. This was the first known case in the Canadian courts in which bitemarks in human skin were used to identify a perpetrator. Dr. Gordon C. Swann, a Calgary orthodontist, compared casts of Boden’s teeth to the bitemarks on the breast and neck of a 1971 murder victim, Elizabeth Ann Porteous. Using a system of direct geometric progression modified from a method described by Furness [33], he identified 29 points of similarity leading him to conclude that “the bitemarks on the body of Porteous were indeed inflicted by the teeth of the accused Wayne Clifford Boden.” Dr. Swann also reviewed evidence in three earlier murders in Montreal with similar features. He was unable to associate Boden with two of those cases but found 17 points of similarity to a bitemark on the breast of the October 1969 victim, Shirley Audette. Boden was transferred to Montreal, where forensic odontologist Figure 1.5 the earliest known archival photographs of multiple human bitemarks in an infanticide/homicide case from quebec, canada, 1930. (photos courtesy of Dr. Robert Dorion.) Figure 1.6 Model of a bitemark in cheese in Doyle v. State. history of Bitemark evidence 11 Dr. Araceli Ortiz, assisted by a fourth-year dental student, Robert Dorion, took dental impressions of Boden at the maximum-security Saint Vincent de Paul Penitentiary. Boden eventually confessed to the three Montreal murders and received four life sentences. In a bizarre turn of events, Boden was able, while in prison, to apply for and receive an American Express credit card. In the fifth year of his life sentence, during an escorted day-pass excursion from prison, he escaped through the bathroom window of the Montreal Sheraton Hotel’s Kon Tiki restaurant. Using the credit card, he enjoyed 36 hours of freedom until he was recaptured at a nearby bar—the same one where he had met some of his victims 15 years earlier. Boden died of skin cancer in a prison hospital in 2006 [34]. 1.3.3 People v. Johnson, 1972 (illinois) In the first recorded case in the United States involv- ing a bitemark in human skin, Johnson was accused of rape and aggravated battery. There was a bitemark on the breast of the victim. An Illinois dentist, Dr. Paul Green, testified that Johnson’s teeth were similar to the bite pattern on the breast of the victim. “Finally an oral pathologist in comparing a cast of defendant’s teeth with a photograph of the teeth marks on complainant’s breasts expressed the opinion that it was highly probable the teeth marks on the breasts were made by Johnson’s teeth.” Johnson was convicted of rape and aggravated battery and his conviction was upheld at the appellate level [35]. 1.3.4 People v. Marx, 1974 (California) This was the first case in the state of California involv- ing bitemark evidence. Walter Marx was charged with the murder of Lovey Benovsky. An alleged bitemark was the only physical evidence offered by the pros- ecution. The elderly female victim had been sexually assaulted and strangled. In February of 1974, Marx was jailed for contempt of court for refusing to provide den- tal casts pursuant to a court order. Marx later consented to the impressions. At autopsy, the pathologist believed a patterned injury to be a possible bitemark but no bite- mark evidence was collected at that time. Following autopsy, the body was embalmed and buried in Texas. In March, after Marx finally agreed to the teeth impres- sions, Benovsky’s body was exhumed; a Dallasdentist made photographs and impressions of the nose and this material was sent to California (Figure 1.7). Three forensic dentists worked both independently and together on the analysis of the bitemark, the first known case of a team approach to testing, evaluation, and comparison of a bitemark on the skin of a victim to the Figure 1.7 images of the nose (left) and three-dimensional model (right) of the bitemark on the nose of lovey Benovsky. the dental models compared are those of walter Marx. 12 Bitemark evidence: a color atlas and text, 2nd edition teeth of a suspect. Test bites were performed in this case and a three-dimensional model of the nose was made. Overlays, three-dimensional comparisons, and scan- ning electron microscopy were also used. None of these techniques had been documented as having been used in previous cases. Direct comparisons were also made utilizing the dental casts from the only suspect, Walter Marx, to the three-dimensional model of the nose. The three dentists, Drs. Gerald Felando, Reidar Sognnaes, and Gerald Vale, testified at trial. All agreed that the teeth of Walter Marx made the bitemark in the nose of Lovey Benovsky. The admissibility of the bite- mark evidence and the conviction of Walter Marx were challenged and upheld on subsequent appeals, effectively establishing the legal acceptability of bitemark evidence. Without the bitemark evidence, the prosecution did not have a strong case against Marx. He was convicted of voluntary manslaughter, not murder, based in part on the testimony of a psychiatrist [36]. 1.3.5 State v. Bundy, 1979, 1980; Bundy v. State, 1984 (Florida) Theodore Robert Bundy was believed to have killed many young women across the United States from Washington to Florida. He had escaped prison in Colorado and set- tled in Florida. He was arrested after a traffic violation and held on suspicion of two murders and the assaults on three other female victims in Tallahassee, Florida, in January of 1978. One of the Florida State University Chi Omega sorority house murder victims had patterned injuries on her left buttock suggesting bitemarks. One photograph out of the thousands taken at the scene and at autopsy included a ruler held near the pat- terned injury. This photograph allowed the injury to be sized for comparison by Dr. Richard Souviron, the chief forensic odontologist for the Miami-Dade medical exam- iner. Dr. Lowell Levine and Dr. Norman “Skip” Sperber independently performed evaluations of the materials. All agreed that the bite pattern left on the victim was of evidentiary value and showed class and individual char- acteristics of a double bitemark. They also agreed that Mr. Bundy’s teeth were unusual and distinctive and, more likely than not, had left the bitemark. A Tallahassee, Florida, circuit court judge heard evidence and ruled on the admissibility of bitemark evi- dence in the courts of the state of Florida. Drs. Souviron, Levine, and Sperber all testified at the evidentiary hear- ing. In a change of venue, the trial, State v. Bundy, was moved to Miami, Florida. The proceedings began in July of 1979. The defense called Dr. Duane T. Devore, a board-certified forensic odontologist who testified that Bundy’s teeth were “not that unique” and produced pre- orthodontic treatment dental models of individuals that had similar lower anterior teeth arrangement. The prosecution pointed out that the models prof- fered were preorthodontic treatment models of 11- to 13-year-old individuals, none of whom had been in Tallahassee in January 1978. The prosecution’s experts testified that Bundy’s teeth (Figure 1.8) were distinctive and demonstrated the common features between his teeth and the marks. Drs. Levine and Souviron and Dr. Homer Campbell testified for the prosecution. Mr. Bundy was convicted of the aggravated battery of three victims and the murder of the two Chi Omega sorority sisters, Lisa Levy and Margaret Bowman. He was sentenced to death on both counts of murder and life without parole on the aggravated batteries. Bundy appealed but the appeals court upheld the lower court’s decision [37]. In 1980, Mr. Bundy was again on trial for murder, this time of 12-year-old Kimberly Leach of Lake City, Florida. Following the trial, he was found guilty and again sen- tenced to death. The appeals on the Leach murder con- viction were exhausted before those for the Florida State University students. At age 42, on January 24, 1989, Ted Bundy was executed in the electric chair for the murder of Kimberly Leach. Mr. Bundy had been a suspect in approximately 40 homicides of young females in the states of Washington, Oregon, Colorado, Utah, and Florida. The Bundy case was significant for forensic odontology, firmly establish- ing the admissibility of bitemark evidence in Florida and bringing bitemark evidence to national prominence. 1.3.6 other Significant Cases 1.3.6.1 State v. milone, 1973 (Illinois) Richard Milone was charged with the 1972 murder of Sally Kandel, who had a bitemark on her inner right thigh. He was tried and convicted in 1973 in a bench trial in DuPage County, Illinois. Three prosecution dental experts testified for the prosecution that Milone was the biter. Four dental experts for the defense disagreed in this now classic “battle of the experts” case. On appeal, three additional dental experts concurred with the original prosecution experts. The defense attempted to offer the testimony of an additional defense expert but was denied, bringing the total number of dental experts involved with this still controversial case to 11. Milone was convicted and his state appeal was denied in 1976. A federal appeal was denied in 1994. Part of the basis of the federal petition was the assertion that, at the original trial in 1973, “forensic odontology” history of Bitemark evidence 13 was in its infancy and unreliable; however, in the inter- vening years the “science of forensic odontology” had “advanced considerably” and now evidence was avail- able that tended to exclude Milone and was “shown to match” another man. That other man was Richard Macek, a confessed and convicted serial killer. Macek had confessed on multiple occasions to the murder of Sally Kandel. Sources disagree on whether he later recanted those confessions. Macek committed suicide in his jail cell in 1987 [38,39]. The 1994 court affirmed the earlier state dismissal of Milone’s petition and included this statement regarding bitemark evidence in the case: “With respect to its probative value, while the science of forensic odontology might have been in its infancy at the time of trial, as Milone asserts, certainly there is some probative value to comparing an accused’s dentition to bite marks found on the victim” [39]. 1.3.6.2 Wilhoit v. State, 1991 (Oklahoma) Greg Wilhoit was accused of the 1985 murder of his former wife. Two prosecution dental experts testified that Wilhoit’s teeth matched a bitemark found on the victim and that bacteria cultured from the bite area were unique to him. No defense dental expert testified at the original trial. Following Wilhoit’s conviction and death sentence, Dr. Thomas Krauss, who had been hired by the Wilhoit family but not used at trial, sent the case evidence to 11 other board-certified forensic dentists. Dr. Krauss and all 11 of the consulted forensic odontolo- gists independently excluded Wilhoit as the creator of the bitemark on Mrs. Wilhoit. At an appellate pretrial hearing, Dr. Krauss and Dr. Richard Souviron testified that Wilhoit could be excluded as the biter. Both also stated that the bacterial evidence proffered by the prosecution dental experts, Drs. R. T. Glass and R. K. Montgomery, was flawed. They stated that more than 50% of the population would be expected to have the same types of oral bacteria reportedly found. Citing, in part, the defense attorney’s failure to investigate and utilizebitemark evidence, the appeal court ruled that his attorney was deficient and that Wilhoit had ineffective counsel. The prosecution decided not to retry him. Wilhoit was freed after spend- ing more than 5 years in prison on death row [40]. Figure 1.8 an anterior view ted Bundy’s teeth in 1979. images of the varying faces of Bundy. 14 Bitemark evidence: a color atlas and text, 2nd edition 1.3.6.3 People v. moldowan and Cristini, 1991; People v. moldowan, 2002; People v. Cristini, 2004 (Michigan) Following the 1990 kidnapping, assault, and rape of Maureen Fournier, she named five men who she said participated in the attack. Two of the men had allegedly bitten her. At trial in 1991, both Michael Cristini and Jeffrey Moldowan were convicted of the attacks. The convictions were based on the victim’s identifications and two forensic odontologists’ testimony that the bite- mark associations were positive. Dr. Alan Warnick, a forensic odontologist, was a con- sultant to the Wayne County Medical Examiner’s Office. He was also a consultant to Macomb County, Monroe County, and the Michigan State Police. Dr. Warnick offered expert testimony that bitemarks on Fournier’s neck were consistent with dental impressions taken from Moldowan and that bitemarks on Fournier’s right arm and right side were consistent with Michael Cristini’s dentition. In describing his conclusions, Dr. Warnick testified that “chances are … 2.1 billion to 1 that another individual can make those same marks” (J.A. 2544) [41]. The other prosecution dental expert at the origi- nal trial testified in support of Dr. Warnick’s conclu- sions, but later recanted her testimony. In recanting, Dr. Pamela Hammel stated that “Dr. Warnick had been deceptive in order to mislead [her] into testifying in support of his conclusions” (J.A. 2568) [41]. On appeal in 1997, two dental experts, Drs. Homer Campbell and Richard Souviron, testified for the defense that both Moldowan and Cristini could be excluded as Fornier’s biters (R. Souviron, personal communication, 2008). Cristini and Moldowan were both later acquitted of the charges in separate trials [42]. 1.3.6.4 State v. krone, 1992, 1995 (Arizona) Kimberley Ancona was attacked and killed in the early morning hours of December 29, 1991, at the CBS Lounge in Phoenix, where she worked as a bartender. A forensic dentist called to the scene noted a probable bitemark on the decedent’s left breast (Figure 1.9). He stated that the biter likely had “crooked” teeth. The investigation led police to a frequent cus- tomer of that bar, U.S. Postal worker Ray Krone, who was arrested and charged. Phoenix forensic odontolo- gist Dr. John Piakis consulted first Dr. Norman “Skip” Sperber and later Dr. Ray Rawson. At trial, Drs. Piakis and Rawson testified for the prosecution. Dr. Piakis tes- tified that Krone was the probable biter and Dr. Rawson that Krone was the biter with “reasonable medical cer- tainty.” Dr. Sperber was not called by the prosecution. No dental expert testified for the defense at the original trial. Krone was convicted in the highly publicized “snaggle- toothed killer” case and given a death sentence. In 1995 the Arizona Supreme Court reversed the conviction on procedural grounds and Krone was to have a new trial. Four forensic odontologists, including Dr. Sperber, independently excluded Krone as the per- son who made the bitemarks. Dr. Rawson again testi- fied for the prosecution. Krone was found guilty in this retrial but sentenced to life in prison. As a result of the efforts of a relative and the Innocence Project, DNA evi- dence from the case was finally analyzed in 2002. The analysis not only excluded Krone but also resulted in a positive comparison to another man, coincidentally incarcerated in the same prison as Krone. At the time of the Ancona murder, Kenneth Phillips had lived very near the ABC Lounge and was a frequent customer. When questioned, Phillips confessed his involvement. Ray Krone was released and exonerated after spending 13 years in prison, including 3 years on death row. 1.3.6.5 State v. Brewer, 1995; Brewer v. State, 1998, 1999 (Mississippi) Kennedy Brewer was accused of the 1991 sexual assault and murder of 3-year-old Christine Jackson, the daugh- ter of the girlfriend with whom he lived. Jackson’s body had been found in a nearby creek 3 days after her Figure 1.9 image of the ancona breast bitemark compared with a polystyrene exemplar of krone’s maxillary teeth (left). one odontologist’s tooth numbering (universal) scheme for the bitemarks (right). history of Bitemark evidence 15 disappearance. On the night in question, Christine Jackson’s mother was out and Brewer was her babysit- ter. The prosecution’s dental expert, Dr. Michael West, reported that he found 19 human bitemarks on Jackson’s body that were “peri-mortem in nature” and “were indeed and without doubt inflected [sic] by Kennedy Brewer” [43]. Dr. West later testified that “to a reason- able degree of medical certainty,” the teeth of Mr. Brewer made five of those marks and that it was “highly consis- tent and probable that the other 14 bite mark patterns were also inflicted by Brewer” [44]. The defense dental expert, Dr. Richard Souviron, testified that the injuries were not human bites at all: “There could be insect activ- ity there. There could be fish activity or turtle activity or who–God knows what” [44]. Brewer was convicted and sentenced to death. All appeals were unsuccessful until extensive efforts were undertaken by the Innocence Project. Those efforts included a comprehensive review of all the patterned injury material by forensic odontologists Drs. Iain Pretty, David Senn, and David Sweet, who concluded— first independently and then jointly—that “none of the injuries seen in the photographic and video evidence are human bitemarks. Therefore, we are able to exclude human biting as a cause of these injuries” [45]. The effort also included an analysis of the aquatic animal popula- tion of the creek in which Jackson’s body had been found. Forensic entomologist Dr. John Wallace and Innocence Project attorney Vanessa Potkin collected crawfish from the creek and Dr. Wallace transported them back to his laboratory at Millersville University in Pennsylvania. In experiments using sacrificed pigs, he was able to observe the feeding habits of the crawfish and found that they created very similar patterned injuries to pigskin, an acceptable experimental analogue for human skin. In 2001, the Innocence Project was also successful in arranging a reanalysis of the victim’s vaginal swabs taken at autopsy. The swabs contained semen with DNA profiles of two men. Neither profile was consistent with Kennedy Brewer but did point to another early suspect, Justin Albert Johnson. Confronted in 2008, Johnson confessed to sexually assaulting and killing Jackson and to earlier killing another girl of similar age in almost exactly the same manner. Dr. West had also testified in that earlier case that Levon Brooks had bitten the victim: “It could be no one else but Levon Brooks that bit this girl’s arm” [46]. Despite the 2001 DNA evidence exclud- ing Brewer, he was not released on bail until 2007 and not exonerated until after Johnson’s confession in 2008, almost 13 years after Brewer’s conviction, most of which time he spent awaiting execution. 1.3.7 Cases in modern Europe and the united kingdom 1.3.7.1 Fredrik Fasting Torgersen, Oslo, Norway, 1957 Firemen responding to a basement fire on the night of December 7, 1957, found the body of Rigmor Johnsen. The discovery of a bitemark on the left breast of the sexu- ally assaulted and strangled 16-year-old girl initiated the longest running bitemark case in history (Figure 1.10). Fredrik Fasting Torgersen was arrested in the neigh- borhood that same night and became a suspect in the attack. Professor Ferdinand Strom collected the bite- mark evidence fromthe victim and the suspect and he and Dr. Warhaug testified at the 1958 trial that Torgersen had made the bitemark. Torgersen was convicted and sentenced to life in prison. A 1958 appeal confirmed the conviction. Torgersen served 16 years and was released in 1974. He maintained his innocence throughout and repeatedly sought a new trial. He received assistance from a large team of sup- porters in Norway and there were multiple efforts before Figure 1.10 Rigmor Johnsen prior to autopsy (left). the only scaled image of the patterned injury to Johnsen’s left breast (right). 16 Bitemark evidence: a color atlas and text, 2nd edition Supreme Court committees and the Commission for Criminal Case Review to procure a new trial. Over the years, many forensic odontologists have reviewed the evidence in this case and written reports. Those conclud- ing that Torgersen was the biter include Drs. Ferdinand Strom, Jens Waerhaug, and Tore Solheim of Norway; Dr. Gisle Bang of Sweden; and Drs. Gordon MacDonald and David Whittaker of the United Kingdom. Forensic dentists excluding Torgersen as the biter include Drs. Marden Alder, Michael Bowers, David Senn, and Paul Stimson, all of the United States. At the time of the writing of this chapter, there is still an ongoing effort to secure a new trial for Torgersen, 52 years after his conviction in 1958 (E. Moss, personal communication, 2010). 1.3.7.2 Gordon Hay, Biggar, Scotland, 1967 Fifteen-year-old Linda Peacock was found murdered in a cemetery in Biggar, Scotland, on August 6, 1967. She had been strangled and there was a suspected bitemark on her right breast (Figure 1.11). Gordon Hay was a detainee at a nearby school for troubled boys and became one of 29 persons initially considered to be viable suspects. Dr. Warren Harvey had examined many Biggar residents, including the boys from the Loaningdale School. Five of the boys were selected for additional scrutiny but only Hay showed unusual pits at the tips of the cusps of the canine teeth. Those pits, along with other features, were shown to be consistent with features seen in the bitemark. Dr. Harvey consulted with Professor Keith Simpson, a well known forensic pathologist with bitemark case experience. Dr. Harvey and his associates made a remarkably detailed study of the mark, the suspects, and the fre- quency of occurrence of pits at the tips of canine cusps. Dr. Harvey and Professor Simpson testified at trial that Hay was the biter. Gordon Hay was convicted and, because he was a minor, sentenced to serve a term of undetermined length “at Her Majesty’s pleasure” [47]. 1.3.8 Cases in modern Africa 1.3.8.1 State v. Shabangu, 1998 In the High Court of South Africa, before the Honorable Justice Curlewis, the case involved a piece of cheese with very clear teeth marks found next to the body of an elderly woman who had been raped and murdered. Dr. Piet van Niekerk, Professor Vince Phillips, and Professor Herman Bernitz piloted the forensic den- tal evidence. All three concurred that Shabangu had indeed inflicted the bitemark in the cheese, but could not convince Justice Curlewis. At issue were these points (H. Bernitz, personal communication, 2010): Which dental features are common, uncom-• mon, and very uncommon within the relevant populations The need to refine pattern association and explain • how warping, shrinkage, and distortion do not affect pattern association analysis of bitemarks The use of metric analysis in bitemark cases• The use of microscopic analysis in individual-• izing features within the bitemarks The application of all the preceding in skin bite-• marks, which are very much more challenging 1.3.8.2 State v. nxele, 1999 This case was heard in the Pietermaritzburg High Court. Microscopic analysis of bitemarks was performed for the first time. A piece of cheese with very clear bitemarks was analyzed macroscopically and the analysis tested with a DMC comparison microscope used for analyzing Figure 1.11 crime scene in Biggar, Scotland, 1967 (left). Strangulation marks on neck and bitemark on right breast (center). Detail of bitemark on peacock’s right breast (right). history of Bitemark evidence 17 firearm barrels and bullets. The sledge/scratch marks were matched to a point of absolute certainty because the suspect had very characteristic incisal patterns on his anterior central teeth. Senior superintendent Burgert Kloppers, a ballistics expert at Silverton Forensic Labor- a tory, testified; his many years of court experience enhanced the ability of forensic odontologists to present evidence in this court case correctly. Since his inclusion on the bitemark team, no evidence has been submitted without his corroboration. “This partnership I believe has been the cornerstone of our success and should be practiced more regularly by our colleagues around the globe” (H. Bernitz, personal communication, 2010). 1.3.8.3 Vierfontein, Free State, 2002 A farmer and his wife were attacked and murdered on their small holding in the Vierfontein area of the Free State. The woman was also raped. Following a thorough forensic investigation, it became clear that the perpetra- tors had used gloves during the robbery and had used condoms during the rape. This created a situation where very little evidence was present at the crime scene. Police found a half-eaten apple in the driveway. The apple had a very characteristic dental arch pattern profile on the surface skin where the incisal edges of the teeth had entered. The pattern could be accurately matched to the suspect’s dentition with a high degree of certainty. In this case, both macroscopic and microscopic analy- sis confirmed the high degree of concordance present (H. Bernitz, personal communication, 2010). 1.3.9 Cases in modern Australia 1.3.9.1 Ipswich, Queensland, 1973 At dawn on Saturday, April 14, 1973, 17-month-old Deidre Kennedy’s body was found tossed onto the roof of a toilet block, 500 m from the Kennedy family’s two- bedroom flat in Ipswich. The infant had been abducted sometime after 10 p.m. the previous night while sleep- ing beside her sister, Stephanie. She had been sexually assaulted and strangled. Three bitemarks were identified on the outside of Deidre’s left leg. The killer had dressed the tiny girl in a woman’s half-slip, panties, and step-ins, all stolen from a clothesline next door. The case was vig- orously investigated but, one by one, the suspects were cleared and the case went cold. Then, in 1984, Raymond John Carroll came under suspicion in a case similar to the Kennedy murder. Hair samples and dental impressions were collected with Carroll’s consent. Investigators were told by forensic odontologist Cornel Romaniuk, who had examined the Kennedy evidence, “This is your killer” [48]. At Carroll’s trial in February 1985, dental evidence was given by Romaniuk and two other odontologists, Kenneth Brown and Bernard Sims. Carroll was convicted and sentenced to life imprisonment. Brown later stated that he was “very, very confident” that Carroll had made the bitemarks on Kennedy’s body. Nevertheless a court of criminal appeals overturned the verdict, citing that the odontology evidence was “unsafe and unsatisfactory.” After the reversal, further evidence was found, but Carroll could not be charged again with the same murder. He was charged instead with perjury—that he had lied at his murder trial when he said he had not killed Kennedy. This second jury found him guilty of perjury in 2000. That conviction, however, was also overturned on appeal. The high court also rejected an application from the Queensland government to annul the appeals court deci- sion [49]. A single pubic hair found on Deidre Kennedy’s body could have been critical evidence. Unfortunately, the hair failed to yield a DNA profile, reportedly because the evidence was destroyed by a “laboratory bungle” [48]. Citing Australia’s double jeopardyrule, the high court has held that Carroll could never again face a criminal trial with regard to Kennedy’s murder. 1.3.9.2 Darwin, Northern Territory, 1986 A Darwin woman left the Victoria Hotel after an argu- ment with her boyfriend, Dean Teau. After a side trip to a discotheque, she decided to return to her hotel. A young man whose advances she had rejected followed her there and attacked and raped her. After the attack, she felt ill and, unbelievably, the man offered to take her to a hospital. He hailed a taxi, and both were in the taxi when Teau arrived at the scene. Screaming that she had been raped, Teau pulled the assailant from the taxi and held him in a headlock, but he escaped by severely biting Teau on the chest. Michael Anthony Lewis was later arrested and accused of the attack. He consented to the gathering of dental evidence by Dr. J. R. Plummer, who consulted with Dr. B. Sims. Both gave evidence at trial that the wound on Teau’s chest was a bitemark made by Lewis’s teeth. Dr. S. D. Dalitz testified for the defense. All agreed that there were bruises left by five lower teeth and no marks from upper teeth. Lewis was tried and convicted of rape on October 24, 1986. The judge in the original trial stated in part that “the evidence clearly established that the study of the characteristics of human bite marks and consequent identification of persons responsible 18 Bitemark evidence: a color atlas and text, 2nd edition for such marks fall within a field of expertise, and the witnesses called for the Crown (no expert was called for the defense) are all experts in that field.” On appeal, the petition was granted and the con- viction was quashed. One appellate judge noted that “there is a very considerable risk that the jury were awed by Mr. Sims’ credentials and the confident manner in which he expressed his conclusion, notwithstanding that its probative value in linking the appellant to the rape was not demonstrated to be great” [50]. 1.4 Forensic odontology organizations 1.4.1 international organization for Forensic odontostomatology (ioFoS) This international organization has 18 component soci- eties or associations. The IOFOS publishes newsletters three times each year and has also published the Journal of Forensic Odontostomatology twice annually since June 1983. In 1987 the journal became the official publication of the IOFOS. Starting in 2008, this refereed, fully indexed journal ceased its print version and began publishing the journal in an electronic version only. The journal is avail- able without subscription on the organization’s Web site at http://www.odont.uio.no/foreninger/iofos/. Member societies and associations include: American Society of Forensic Odontology Australian Society of Forensic Odontology Austrian Society of Forensic Medicine (OGGM) British Association for Forensic Odontology Croatian Association of Forensic Stomatologists Arbeitskreis für Forensische Odontostomatologie —Germany Danish Society of Forensic Odontology Finnish Association of Forensic Odontology Flemish Association of Dental Experts Forensische Zahnärzte der Schweiz (FOCH) —Switzerland Association Francaise d’Identification Odontologic (AFIO) Icelandic Society of Forensic Odontology Japanese Society of Forensic Odontology Korean Committee of Forensic Odontology/Dental Jurisprudence Nederlands Forensische Medische Genootscap New Zealand Society of Forensic Odontology South African Society for Forensic Odonto- stomatology Swedish Society of Forensic Odontology The IOFOS also maintains a list of worldwide foren- sic odontology contacts known as the “Burgmann list.” Although not necessarily current, it lists forensic odon- tologists from 123 countries worldwide. 1.4.2 The odontology Section of the American Academy of Forensic Sciences (AAFS) In 1970 forensic odontology was recognized by the forensic science community as a specialty of forensic science with the formation of the odontology section of the AAFS. Dr. Lowell Levine served as the first section chairman and Dr. Edward Woolridge was the first sec- tion secretary. 1.4.3 The American Society of Forensic odontology (ASFo) The AFSO was also formed in 1970. Col. Robert Boyers and others from the faculty of the Armed Forces Institute of Pathology (AFIP) forensic odontology course were instrumental in the organizational effort. From those beginnings, the ASFO has grown into the largest single forensic odontology organization in the world (it is a component of the IOFOS), offering annual educational programs at its meeting in conjunction with the annual AAFS meetings. It also publishes the Manual of Forensic Odontology, now in its fourth edition, with a fifth edition planned. 1.4.4 Canadian Society of Forensic Science (CSFS), odontology Section That seminal year of 1970 also included the merger of the Canadian Association of Forensic Odontology with the Canadian Society of Forensic Odontology. This group became the odontology section of the CSFS in 1972. 1.4.5 American Board of Forensic odontology In 1976, with the initial sponsorship of the American Academy of Forensic Sciences (AAFS) and the encour- agement and assistance of the National Association of Medical Examiners (NAME), the American Board of Forensic Odontology (ABFO) was formed. The charter members of the ABFO were Drs. Edward Woolridge, Richard Souviron, Curtis Mertz, Arthur Goldman, Gerald Vale, Stanley Schwartz, Lowell Levine, Robert Dorion, Paul Stimson, David Scott, Manuel Maslansky, and George Ward. Dr. Curtis Mertz served as the ABFO’s first president from 1976 until 1978. history of Bitemark evidence 19 The ABFO was organized to provide, in the inter- est of the public and for the advancement of the sci- ence, a program of certification in forensic odontology. The objective of the board is to establish, enhance, and revise, as necessary, standards of qualification for those who practice forensic odontology and to certify as qual- ified specialists those applicants who comply with the requirements of the board. The ABFO maintains standards and guidelines relating to bitemark evidence. These can be found in the ABFO Diplomates’ Reference Manual, which is updated and posted on the organization’s Web site at www.abfo. org. The standards address analytical methods and bite- mark terminology. Standards for analytical methods: 1. All diplomates of the American Board of Forensic Odontology are responsible for being familiar with the most common ana- lytical methods and should utilize appropri- ate analytical methods. 2. A list of all the evidence analyzed and the specific analytical procedures should be included in the body of the final report. All available evidence associated with the bite- mark must be reviewed prior to rendering an expert opinion. 3. Any new analytical methods not listed in the previously described list of analytical meth- ods should be explained in the body of the report. New analytical methods should be scientifically sound and verifiable by other forensic experts. New analytical methods should, if possible, be substantiated with the use of one or more of the accepted tech- niques listed in these guidelines. Standards for terminology: 1. Terms assuring unconditional identification of a perpetrator, or without doubt, are not sanctioned as a final conclusion. 2. Terms used in a different manner from the recommended guidelines should be explained in the body of a report or in testimony. 3. All boarded forensic odontologists are responsible for being familiar with the stan- dards set forth in this document. The guidelines are extensive and periodically updated. They can be viewed on the Web site. 1.5 History of Bitemark Education in north America 1.5.1 Armed Forces institute of Pathology (AFiP) In 1962 a course in forensic odontology was implemented by the Armed Forces Institute of Pathology (AFIP) in Washington,D.C. Drs. Albert Dahlberg, Louis Hansen, John Salley, Viken Sassouni, and David Scott gave presen- tations in the initial 4-day course. Soon the course became an annual event and the 2010 course was billed as the 46th Annual Forensic Dental Identification and Emerging Technologies course. The week-long course includes edu- cation in all phases of forensic odontology including bite- marks. The 2010 course directors were Duane R. Schafer, Capt., DC, USN, and Christopher G. Fielding, Col., DC. 1.5.2 mcgill university and the laboratoire de Sciences Judiciaires et de médecine légale (lSJml) Believed to be the first North American forensic labo- ratory formed under legislative authority, the laboratory in Montreal known today as the Laboratoire de Sciences Judiciaires et de Médecine Légale was founded in Quebec in 1914. Dr. Robert B. J. Dorion has been the director of forensic dentistry since 1973. As a member of McGill University’s faculty of dentistry, Dr. Dorion has also been the director of a combined distance learning and on-site course since 2004. The course runs from September to August of the following year. Theory, readings, assign- ments, and weekly live chats between participants and the course director take place over 24 weeks. Two addi- tional weeks (10 days) are spent at the aforementioned forensic laboratory for practical hands-on training in May (identification) and in August (human bitemark analysis with a gold standard). Successful completion of the program leads to a certificate in forensic dentistry. Past graduates have traveled from as far away as Israel and New Zealand. Program information is available at http://www.mcgill.ca/dentistry/conted/forensic. 1.5.3 university of Texas Health Science Center at San Antonio Dental School In 1979 at the Dental School of the University of Texas Health Science Center in San Antonio (UTHSCSA), Dr. James A. Cottone, assisted by Dr. S. Miles Standish, directed a symposium on forensic dentistry. Initially an annual symposium, the Southwest Symposium on Forensic Dentistry changed to biannual sessions in 1984. 20 Bitemark evidence: a color atlas and text, 2nd edition The 2010 week-long course was the 19th symposium. Dr. Cottone was the symposium director from 1979 to 1994, Dr. Marden E. Alder directed it from 1996 to 1998, and Dr. David R. Senn became director in 2000. Codirectors have included Drs. Paul G. Stimson, John D. McDowell, Paula C. Brumit, and Bruce A. Schrader. Dr. Stimson has been on the symposium faculty since the beginning in 1979 and has been a codirector since 1996. In 1999, UTHSCSA opened the Center for Education and Research in Forensics (CERF) and accepted the first fellow in forensic odontology, Dr. John Williams of Minneapolis, Minnesota. Through 2010, 38 dentists have completed the fellowship and nine of those for- mer fellows have become board certified by the ABFO. Dr. David R. Senn directs CERF and the fellowship in forensic odontology. 1.5.4 Bureau of legal Dentistry (BolD) In 1997 in Vancouver, British Columbia, Canada, the Bureau of Legal Dentistry (BOLD) began full-time oper- ation in forensic odontology research, casework, and undergraduate and graduate teaching. BOLD was made possible by contributions from the provincial govern- ment and with support from the Faculty of Dentistry of the University of British Columbia. Dr. David J. Sweet, O.C., has been the director of BOLD since its creation. 1.5.5 other Courses Northwestern University Dental School, Chicago, Illinois (1891–2001), sponsored courses in bitemark analysis before the school closed its doors in 2001. The University of Detroit (Michigan) Mercy School of Dentistry offers annual courses in forensic odontology that include edu- cation in bitemark recognition and analysis. Dr. Allan Warnick is the course director. 1.6 Challenges to the legitimacy of Bitemark Evidence Investigators from both outside and within forensic odontology have challenged the reliability and accuracy of bitemark analysis. Most of these challenges cite the paucity of scientific research into the bases for the disci- pline. The specific issues include questions about (1) the uniqueness of the anterior human dentition, (2) human skin as a bite registration medium, (3) the scientific bases for analytical methods, (4) management of observer effects and bias, and (5) the levels of conclusions possible for specific types of cases. 1.6.1 Bitemark Evidence Controversies Many early and modern forensic odontologists have urged that bitemark evidence be viewed and reported with caution. The sensational nature of the cases involv- ing bitemarks may have contributed to the acceptance of the evidence in courts before the science supporting it was fully developed. Many of the cases described pre- viously and in the following chapters illustrate the need for that caution. Later chapters will also explore the root causes of and offer strategies for avoiding or minimizing future controversies. 1.6.2 national Academy of Sciences 2009 report Beginning in April 2007, the Committee on Identifying the Needs of the Forensic Science Community reviewed and investigated many facets of forensic science, includ- ing forensic odontology. The reported aim of the commit- tee was “to chart an agenda for progress in the forensic science community and its scientific disciplines.” In February 2009, the committee released its report, titled Strengthening Forensic Science in the United States: A Path Forward. Chapter 5, “Descriptions of Some Forensic Science Disciplines,” includes a section titled Forensic Odontology. With the exception of the first paragraph, the entire section deals with problems asso- ciated with bitemark analysis and bitemark evidence. In the summary, the report states that “although the majority of forensic odontologists are satisfied that bite marks can demonstrate sufficient detail for positive identification, no scientific studies support this assess- ment, and no large population studies have been con- ducted.” The report also says, “In numerous instances, experts diverge widely in their evaluations of the same bite mark evidence. The committee received no evidence of an existing scientific basis for identifying an individ- ual to the exclusion of all others.” The committee closed the section on forensic odontology by stating that “some research is warranted in order to identify the circum- stances within which the methods of forensic odontol- ogy can provide probative value” [51]. This report is widely viewed as a “wake-up call” to practitioners of forensic odontology to take steps to firmly establish the scientific bases for bitemark analysis and bitemark evidence. history of Bitemark evidence 21 1.7 Perspective on the relationship between the Past and Future of Bitemark Evidence “Those who cannot remember the past are condemned to repeat it” [52]. This often misquoted George Santayana maxim is a wise warning to practitioners of bitemark analysis. To ignore the warning and to fail to study the history of bitemark evidence is to risk repeating earlier errors of omission and commission. The acceptance (some would say premature acceptance) of bitemark evidence in the Doyle and Marx cases led to the wide use and misuse of bitemark evidence by forensic dentists and others. That so much is heard and written about the rela- tively few problem bitemark cases and almost nothing of the many cases that were properly handled is unfor- tunate. However unfortunate that may be, forensic den- tists are not absolved of the responsibility to study and understand those cases so that errors can be minimized in the present, thereby improving the discipline in the future. Forensic odontologists must engage in continu- ous research to develop and expand the scientific bases of the discipline. The examination of current practices and theories and the rejection of those shown to beerroneous or inadequate are mandatory. Forensic odon- tology’s certifying bodies must effectively test and peri- odically retest their certified members for proficiency in bitemark analysis. It is the opinion of this author that bitemark evi- dence is too potentially valuable to our systems of jus- tice to be discounted or abandoned. Such evidence offers useful information and specific advantages, especially in certain types of cases. Acknowledgments Information on the African cases was excerpted from material generously provided by Professor Herman Bernitz, School of Dentistry, University of Pretoria, Pretoria, South Africa. He is also president of the IOFOS. Professor Bernitz added (personal communica- tion 2010): We are now regularly required to give expert witness testimony in bite mark cases around South Africa, which we do with confidence in the knowledge that we understand the dynamics of biting, the effects of warp- ing, shrinkage and distortion, the shortfalls of metric analysis and the reliability of pattern association. It is important to realize that we are selective as to which skin bite mark cases we choose to analyze. Not all bite marks are suitable for analysis: We only analyze skin bite marks where individual dental features can be clearly identified. Information on Australian cases was gleaned from material suggested by Dr. Anthony J. Hill, president of the Australian Society of Forensic Odontology. references 1. Jacobs, R. A., ed. 2001. Animal and human bite wounds. In General problems in infectious diseases. Current medi- cal diagnosis and treatment, 40th ed., ed. J. L. M. Tierney et al. New York: Lange Medical Books/McGraw–Hill. 2. Prinz, H. 1915. A contribution to the tooth in its rela- tion to forensic medicine. British Dental Journal 36 (14): 383–386. 3. Harvey, W. 1976. Dental identification and forensic odon- tology. London: Kimpton (xii, 188 pp., leaves of plates). 4. Keiser-Nielsen, S. 1992. Teeth that told, 95. Odense, Denmark: Odense University Press. 5. Keiser-Nielsen, S. 1950. [Forensic odontology; case report; bite marks]. Tandlaegebladet 54 (7): 436–442. 6. Merciolle. 1891. Appreciation de l’examen medico- legale de la dentition dans les questions d’identite. Lyon: Universite de Lyon. 7. Bowers, C. M. 2004. Forensic dental evidence: An inves- tigator’s handbook, 1st ed. San Diego, CA: Elsevier Academic Press, 211 pp. 8. Whittaker, D., and MacDonald, D. G. 1989. A color atlas of forensic dentistry, 134. London: Wolfe Publishing Ltd. 9. Sperber, N. 1998. A bite mark on the weather stripping of a pickup truck leads to a rape conviction. Oral pre- sentation, American Academy of Forensic Sciences. San Francisco. 10. Dorion, R. B. J. 2005. Bitemark evidence. New York: Marcel Dekker. 11. Burton, R. F., and Kama Shastra Society of London and Benares. 1893. The kama sutra of Vatsyayana. London: [n.p.], 181 pp. 12. Hermann, P., and P. G. Edwards. 1978. Orkneyinga saga: The history of the earls of Orkney. London: Hogarth Press, 223 pp. ([2] leaves of plates). 13. Holt, J. K. 1980. Identification from bite marks. Journal of Forensic Science Society 20 (4): 243–246. 14. Lower, M. A. 1845. The curiosities of heraldry. London: J. R. Smith (xvi, 319 pp.). 15. Taylor and Hare. 1847. Sigilla antiqua. Engravings from ancient seals attached to deeds and charters in the muni- ment room of Sir Thomas Hare. Stowe-Bardolph: priv. print (1 p.l., 14 l). 16. Webster, N., and N. Porter. 1913. Webster’s revised unabridged dictionary of the English language; the dic- tionary proper being the authentic ed. of Webster’s inter- national dictionary of 1890. Springfield, MA: G. & C. Merriam Company, 2026 pp. 22 Bitemark evidence: a color atlas and text, 2nd edition 17. Coke, E., and T. Littleton. 1628. The first part of the insti- tutes of the lawes of England, or, a commentarie upon Littleton, not the name of a lawyer onely, but of the law it selfe: haec ego grandaeuus posui tibi candide lector. London: printed [by A. Islip] for the Societie of Stationers ([7], 395, [1] leaves, [1] folded leaf of plates). 18. Rothwell, B. R. 1995. Bite marks in forensic dentistry: A review of legal, scientific issues. Journal of American Dental Association 126 (2): 223–232. 19. Van der Zee, J. 1985. Bound over: Indentured servitude and American conscience. New York: Simon and Schuster, 382 pp. 20. Boyer, P. S., S. Nissenbaum, and United States Work Projects Administration. 1977. The Salem witchcraft papers: Verbatim transcripts of the legal documents of the Salem witchcraft outbreak of 1692. New York: Da Capo Press (3 v., 1070 pp.). 21. Calef, R. 1700. More wonders of the invisible world. London: Printed for N. Hillar and J. Collyer (6 p. l, 156 pp.). 22. Rhodes, H. T. F. 1937. The criminals we deserve; a survey of some aspects of crime in the modern world. 1937, New York: Oxford University Press (xi, 257 pp.). 23. Strom, F. 1963. Investigation of bite-marks. Journal of Dental Research 42 (1): 312–316. 24. Sorup, A. 1924. Odontoskopie: Ein betrag zur gerichtli- chen. Medizin Vjschr Zahnheilk 40:385–388. 25. Pierce, L. J., D. J. Strickland, and E. S. Smith. 1990. The case of Ohio v. Robinson. An 1870 bite mark case. American Journal of Forensic Medical Pathology 11 (2): 171–177. 26. The murder! A terrible crime. In Richland Shield and Banner, 1870: Mansfield, Ohio. 27. Keyes, F. 1925. Teeth marks on the skin as evidence in establishing identity. Dental Cosmos 67:3. 28. Simpson, K. 1947. The Heath case. Police Journal 2:266. 29. Simpson, K. 1979. Forty years of murder: An autobiogra- phy, 1st U.S. ed. New York: Scribner (328 pp. [12] leaves of plates). 30. Simpson, K. 1951. Dental evidence in the reconstruction of crime. British Dental Journal 91 (9): 229–237. 31. Sykora, O. 1987. How a munched apple gave a robber away. American Academy of History of Dentistry 35 (1): 64–65. 32. Doyle v. State, 159 Tex. C.R. 310, 263 S.W.2d 779. 1954. 33. Furness, J. 1968. A new method for the identification of teeth marks in cases of assault and homicide. British Dental Journal 124 (6): 261–267. 34. Swann, G. C. 1974. The Wayne Boden murders. International Journal of Forensic Dentistry 2 (4): 34–42. 35. People v. Johnson, 8 Ill. App.3d 457, 289 N.E.2d 772 (Nov. 16, 1972). 1972. 36. People v. Marx, 54 Cal. App.3d 100, 126 Cal. Rptr. 350. 1975. 37. Bundy v. State, 455 So 2d 330 (Fla. 1984):349. 1984. 38. People v. Milone, 43 Ill. App.3d 385, 356 N.E.2d 531. 1976. 39. Milone v. Camp, 22 F.3d 693 (7th Cir. 1994), 698 1994. 40. Wilhoit v. State, 809 P.2d 1322 (Ct. of Crim. App. of Okla). 1991. 41. Moldowan v. City of Warren, 578 F.3d 351 (6th Cir., 2009). 2009. 42. People v. Moldowan, 466 Mich 862; 643 NW2d 570 (2002). 2002. 43. West, M. H. 1992. Forensic report: Examination of Cristine Jackson, May 14, 1992. 44. Brewer v. State, 819 So. 2d 1169 (Miss. 2002). 2002. 45. Pretty, I., D. Senn, and D. Sweet. 2007. Review of pat- terned injuries in State of Mississippi v. Kennedy Brewer. 46. Brooks v. State, 748 So. 2d 736 (Miss. 1999). 1999. 47. Harvey, W. et al. 1968. The Biggar murder. Dental, medi- cal, police and legal aspects of a case “in some ways unique, difficult and puzzling.” Journal of Forensic Science Society 8 (4): 157–219. 48. Walker, J. 2003. A review of the Deidre Kennedy murder case. The Weekend Australian. http://www.ourcivilisation. com/signs/deidre.htm 49. Roberts, G. 2002. Double Jeopardy in the Dock. Sydney Morning Herald (smh.com.au). 50. Michael Anthony Lewis v. the Queen, No. 5 of 1986, S.C.C.Nos.91-92. 1986, Supreme Court of the Northern Territory of Australia. 51. National Research Council (U.S.) Committee on Identifying the Needs of the Forensic Science Commun- ity, National Research Council (U.S.) Committee on Science Technology and Law Policy and Global Affairs, and National Research Council (U.S.) Committee on Appliedand Theoretical Statistics. 2009. Strengthening forensic science in the United States: A path forward. Washington, D.C.: National Academies Press, 328 pp. 52. Santayana, G. 1905. The life of reason or, the phases of human progress. New York: C. Scribner’s Sons (5 v.). http://www.ourcivilisation.com/signs/deidre.htm http://www.ourcivilisation.com/signs/deidre.htm iiBitemark recognition 25 2 2.1 overview of Biting Associated with Domestic violence North Americans and Europeans continue to report that violence in society is one of their main concerns, and domestic violence is continuing to increase in both loca- tions. Whereas the home should be a safe haven from violence, the family is anything but safe for many indi- viduals. Children, women, the disabled, and the elderly are more likely to be victims of intentional trauma within their own homes than they are at any other single location. Most domestic violence goes unreported and therefore undocumented. Citing the work of Jaden and Thoennes [1], the National Center for Injury Prevention and Control, a divi- sion of the Centers for Disease Control and Prevention, has reported that in the United States (1) approximately 1.5 million women and 0.8 million men are raped and/or physically assaulted by an intimate partner each year, (2) more than 500,000 women injured during IPV (inti- mate partner violence) require medical treatment, and (3) one in four women has been physically assaulted or raped by an intimate partner, and one in fourteen men has reported assault or rape by an intimate partner. Because intentionally inflicted trauma can be per- petrated upon any member of the family, it is difficult to separate one form of domestic violence from another. Battered women are arguably the most common subset of domestic violence victims within dysfunctional fami- lies. Not surprisingly, a battered woman is at greater risk of generating a battered child. A child reared within a lov- ing, supportive, nonviolent home is less likely to become an abuser. Concurrence rates of intimate partner abuse and child abuse (an abused mother with an abused child or children) have been reported approximating 50% of all cases [2,3]. Witnessing violence is a risk factor for long-term mental and physical health, including being a victim of abuse or perpetrating abuse [4,5]. Without intervention, inflicted trauma tends to persist throughout the time that families live together. Some abused children learn that violent behavior is a way of accomplishing short- or long-term goals. Abused children might grow into abused or abusive adults. This violent learned behavior can lead to dysfunctional and abusive relationships that may continue for years, even beyond the seventh and eighth decades of life. Regardless of age or ability, the individual within a violent relationship can be the recipient of any number of different injuries. These include shooting, stabbing, hitting, slapping, kicking, pushing, and biting. Biting as a means of inflicting injury has been reported in nearly every devel- oped country. Excellent articles on recording and analyz- ing bitemark evidence originate from the United States, Canada, all of the countries within the United Kingdom, India, Russia, and Germany, to name a few [6–14]. Bitemark injuries appear to be a universal problem. 2.2 Child Abuse Child abuse is a major public health threat in North America. Most reporting agencies indicate that approxi- mately 1 million American children suffer nonfatal, intentionally inflicted physical injuries during any given year. For the past several years, the National Center for Injury Prevention and Control has consistently reported that homicide is the fourth leading cause of death in children between the ages of 1 and 10 years and the third leading cause of death for children aged 10–14. Approximately 1,200 children die in the United States The role of Health Professionals in Diagnosing Patterned injuries from Birth to Death John D. McDowell Contents 2.1 Overview of Biting Associated with Domestic Violence 25 2.2 Child Abuse 25 2.3 Intimate Partner Abuse 27 2.4 Bitemarks in Elder Abuse 28 2.5 Conclusion 29 References 30 26 Bitemark evidence: a color atlas and text, 2nd edition every year from abuse and neglect; many die because of physical injuries inflicted by one or both parents. Among many other forms of trauma, evidence of biting is fre- quently seen in fatal and nonfatal child abuse cases. Bitemarks can take many forms and can be seen in various stages of healing in the living abused child. Figure 2.1 (left) reveals a recent cheek bitemark on a 3-year-old African American. According to the mother, the child was left in the care of the boyfriend for a brief period. Upon her return, the child had been badly burned by water immersion. The mother immediately noticed the cheek injury and made sure that medical personnel attending to the child’s burns photographed the bite- mark. The bite is reportedly less than 2 hours old. Figures 2.1 (right) and 2.2 (left) demonstrate two separate bitemarks in a child abuse victim with signifi- cant head injuries. Figure 2.1 (right) shows a bitemark on the child’s left upper arm and attests to the importance of making several photographs of the bitemark on a curved surface. The photograph should include as much of the dental arches as possible in one frame while remaining perpendicular to the majority of the bitemark. In this example, the canine-premolar region is recorded but the incisor regions are unclear. Figure 2.2 (left) illus- trates the proper photographic technique for localizing and orienting the bitemark with the American Board of Forensic Odontology (ABFO) no. 2 scale. It is also rec- ommended that additional photographs be taken from a more distant vantage point without scale and with the removal of any materials or equipment. Although some bitemarks associated with child abuse may be reason- ably clear, more commonly the diagnosed bitemark is a diffuse ecchymosis that may initially appear to be of little evidentiary value. Notwithstanding the limitations rightfully associated with these diffuse injuries, valu- able evidence may also be associated with these marks. Figure 2.2 Bitemark on the upper chest (left) and diffuse bitemark on the abdomen (right). Figure 2.1 Bitemark on cheek and arm. the Role of health professionals in Diagnosing patterned injuries from Birth to Death 27 Figure 2.2 (right) shows a diffuse abdominal bitemark on a 4-year-old homicide victim. There are few individual dental characteristics detected within the class charac- teristics. However, the bitemark may contain significant evidence in the form of saliva from which the perpetra- tor’s DNA can be recovered. Color and black-and-white photographs are not the only bitemark-recording media. Bitemarks and other healing pattern injuries might be recorded by imaging techniques not commonly available to medical emergency personnel. Infrared, ultraviolet, and alternate light record- ing systems might be available through law enforcement, forensic labs, or medical examiner offices. These imaging systems record beyond the visual light spectrum. It is also important to note that the ABFO no. 2 scale (available through Lightning Powder Company) in Figures 2.1 (right) and 2.2 (left) references the bitemark metrically. Whether recorded on film or digitally [15], an additional gray-scale reference is present for density reproduction of the captured image. The less acceptable, one-dimensional ruler in Figure 2.2 (right) also shows a Kodak color control patch, which is used by some pho- tographers to verify color accuracy. 2.3 intimate Partner Abuse Intimate partner abuse (also called spouse or spousal abuse) is the commonest form of domestic violence. There has been much debate over which gender is more likely to commit abuse or which member in the partner- shipis more likely to be abused. Historically, most authors have reported that women are more frequently recipients of abuse and receive the more severe injuries. However, several recent studies, including meta-analyses, conclude that men are just as likely to be abused as women [16–21]. A review of the behavioral science literature indicates that some studies report that women were more likely than men to com- mit acts of aggression and more frequently use aggres- sive acts [22–26]. It does not matter whether the man or the woman is more likely to be physically aggressive; that both may commit acts of violence against an intimate partner is important. This includes biting [27–29]. As in child abuse, bitemarks associated with spouse abuse may be found on any part of the body. Figure 2.3 (left) reveals an ill-defined bitemark on the mons pubis. After other physical evidence was collected and the area was photographed extensively under various lighting conditions, the pubic hair was shaved to demonstrate the diffuse bruising more clearly. The maxillary canines produced the prominent contusions. When detected by health care providers, law enforcement personnel, or others, bitemarks should be treated and documented in accordance with standard institutional practices. Additionally, any forensic evidence should be recovered including, when indicated, salivary evidence from the wounds. Photography remains a significant means of evidence collection and preservation. When curved sur- faces like breast tissue or extremities are photographed, it is often necessary to take photographs in two or more planes. Figure 2.4 demonstrates one technique for aligning the film plane with the bitemarks. Figure 2.3 (right) shows a bitemark on the woman’s upper back. Note how the bitemark can be recorded in one photo- graphic frame. Depending on the biter’s force and move- ment, avulsive injuries can occur. Bitemark analyses are often more complex when tissue has been distorted or removed. Medical intervention, including suturing and bandaging, inflammation, and the healing process itself, Figure 2.3 Bite on the mons pubis and on the back. 28 Bitemark evidence: a color atlas and text, 2nd edition may compound the problem. Figure 2.5 (left) displays a bitemark on an abused woman’s upper right chest. Although the victim was very specific on the perpetra- tor’s identity and timing of the event, the bitemark anal- ysis could not provide identity confirmation. Figure 2.5 (right) depicts a nose bitemark produced during a vio- lent struggle. The bite was so deep that the tip of the nose was nearly lost in transport. Figure 2.6 (left) demonstrates a neck bitemark inflicted during domestic violence. Several hours after the assault, the woman presented to the emergency depart- ment for treatment of other injuries. When asked about the neck bruise, the woman admitted that she had been bitten. Individual teeth marks cannot be identified within the inflammation; however, serial photographs should be taken with various films and light sources. 2.4 Bitemarks in Elder Abuse The 2000 census revealed that more than 20% of the U.S. population was 65 years of age or older. Most of these individuals resided in homes where the quality of life exceeded that of previous generations. As they age, some will remain in good health; others will develop chronic and disabling diseases that limit their daily activity. A few will eventually become totally dependent on oth- ers. Unfortunately, some will be subjected to abuse and neglect. A recent estimate indicates that nearly 500,000 elderly persons annually experienced abuse, neglect, or both in the domestic setting [30]. In the United States, self-neglect, the condition where an elderly, self-sufficient person loses autonomy, is prevalent. Another common form of neglect is uninten- tional neglect, the condition whereby a person is incapa- ble of caring for another. Intentional neglect arises with the deliberate withholding of essential services, medica- tions, or support necessary to maintain a good quality of life. As in child neglect, elderly neglect can result in injury, disease, or death, whether intentional or not. Abuse and neglect often result from familial con- flict. Factors contributing to intrafamily elder abuse include postretirement depression, infirmities, depen- dency, and physical, mental, and emotional illness [28]. Fortunately, a stressful situation does not often result in physical trauma to the aged. Although spouse abuse may begin late in life out of frustration or anger, it more likely involves a long history. The diagnosis of intentional trauma can be more difficult in the aged population. Systemic diseases and medications can lead to increased bruising. Medications, hypotension, visual deficiencies, arrhythmias, and ver- tigo can lead to falls. Caretakers or persons in authority Figure 2.4 photographic angulation. Figure 2.5 Bitemark on the upper right chest and nose. the Role of health professionals in Diagnosing patterned injuries from Birth to Death 29 might misinterpret the accidental self-induced trauma. All cases of suspected elder abuse should be evaluated by a team of knowledgeable and experienced medical, dental, nursing, social, and law enforcement personnel in a supportive, nonaccusatorial manner. The elderly abused often exhibit denial and shame and might even minimize the sequelae of an assault. Whenever bitemarks are detected, they should be handled similarly to those of child and spousal abuse. Figure 2.6 (right) shows two arm bitemarks on an elderly homicide victim. Note that the proximal mark is quite clear because there was little inflammatory response. Figure 2.7 (left) exhibits a mark on the back of the same victim. Notice how the dependent lividity, resulting in blood pooling within the individual tooth imprints, has caused the marks to become quite clear. Figure 2.7 (right) illustrates a bitemark on the forearm of an 83-year-old Caucasian man. This 4-day-old mark should be compared to the victim’s dentition to elimi- nate the possibility of a self-inflicted injury. A bitemark on the upper right chest of a 77-year- old Hispanic man is shown in Figure 2.8 (left). The nursing-home resident, assaulted by his roommate, received at least two bites in addition to other injuries. The bite was inflicted about 3 days prior to this photo- graph. Figure 2.8 (right) shows the forearm of the same patient, who claimed that the bitemarks were inflicted at the same time. Note the difference in healing. 2.5 Conclusion Whenever there is direct, violent contact between individuals, many forms of trauma can occur, includ- ing evidence of biting. Several studies have shown that bitemarks are seen in every form of domestic violence. The first step in bitemark analysis is recognition. The unrecognized bitemark will usually go undocumented and will potentially be lost as a valuable piece of forensic evidence. When bitemarks yield individual dental char- acteristics, identification of the perpetrator is possible. Figure 2.6 Diffuse neck bitemark and on the arm. Figure 2.7 Bitemark on the back (left) and on the forearm (right). 30 Bitemark evidence: a color atlas and text, 2nd edition references 1. Jaden. P., and N. Thoennes. 2000. Extent, nature and con- sequences of intimate partner violence: Findings from the National Violence against Women Survey. Report for grant 93-IJ-CX-0012, funded by the National Instate of Justice and the Centers for Disease Control. Washington, D.C.: NIJ. 2. McKibben, L., E. DeVos, and E. Newberger. 1989. Victimization of mothers of abused children; a con- trolled study. Pediatrics 84:531–535. 3. Wright, R. J., R. O. Wright, and N. E. Isaac. 1997. Response to battered mothers in the pediatric emergency depart- ment; a call for an interdisciplinary approach to family violence. Pediatrics 99:186–192. 4. Felitti, V., R. Anda,D. Nordenberg, D. Williamson, A. M. Spitz, V. Edwards, et al. Relationship of childhood abuse and household dysfunction to many of the leading causes of death in adults. American Journal of Preventive Medicine 14 (4): 245–258. 5. Holtzworth-Monroe, A., L. Bates, N. Smutzler, and E. Sandin. 1997. A brief review of the research on hus- band violence. Part I: Maritally violent versus nonvio- lent men. Aggressive and Violent Behavior 2 (1): 65–99. 6. Fenton, S. J., J. E. Bouquot, and J. H. Unkel. 2000. Orofacial consideration for pediatric, adult and elderly victims of abuse. Emergency Medical Clinics of North America 18 (3): 601–617. 7. Lee, L. Y., J. Ilan, and T. Mulvey. 2002. Human biting of children and oral manifestations of abuse: A case report and literature review. Journal of Dentistry for Children 69 (1): 92–95. 8. Sweet, D., and I. A. Pretty. 2000. A look at forensic den- tistry. Part 2: Teeth as weapons of violence—Identifica- tion of bitemark perpetrators. British Dental Journal 190 (8): 415–428. 9. Pretty, I. A., and D. Sweet. 2001. The scientific basis for human bitemark analyses—A critical review. Science and Justice 41 (2): 85–92. 10. Dhar, V., and S. Tandon. 1998. Bite mark analysis in child abuse. Journal of Indian Society of Pedodontics and Preventive Dentistry 16 (3): 96–102. 11. Mailis, N. P. 1993. Bitemarks in forensic dental practice: The Russian experience. Journal of Forensic Odonto- Stomatology 11 (1): 31–33. 12. Trube-Becker, E. 1977. Bite-marks on battered children. Journal of Legal Medicine (Germany) 79 (1): 73–78. 13. Simon, P. A. 2000. Recognizing and reporting the orofa- cial trauma of child abuse/neglect. Texas Dental Journal 117 (10): 21–31. 14. Senn, D. R., J. D. McDowell, and M. E. Alder. 2001. Dentistry’s role in recognition and reporting of domes- tic violence, abuse and neglect. Dental Clinics of North American Forensic Odontology 45 (2): 343–363. 15. Bowers, C. M., and R. J. Johansen. 2001. Digital analysis of bite marks and human identification. Dental Clinics of North American Forensic Odontology 45 (2): 327–339. 16. Archer, J. 2000. Sex differences in aggression between het- erosexual partners: A meta-analytic review. Psychology Bulletin 126:651–680. 17. Carrado, M., M. J. George, E. Loxam, L. Jones, et al. 1996. Aggression in British heterosexual relationships: A descriptive analysis. Aggressive Behavior 22:401–405. 18. Coney, N. S., and W. C. Mackey. 1999. The feminization of domestic violence in America: The woozle effect goes beyond rhetoric. Journal of Men’s Studies 8 (1): 45–58. 19. Fiebert, M. S., and D. M. Gonzalez. 1997. Women who initiate assaults: The reasons offered for such behavior. Psychology Report 80:583–590. 20. George, M. J. 1999. A victimization survey of female perpetrated assaults in the United Kingdom. Aggressive Behavior 25:67–79. Figure 2.8 Bitemark on the upper chest (left) and on the arm (right). the Role of health professionals in Diagnosing patterned injuries from Birth to Death 31 21. Goodyear-Smith, F. A., and T. M. Laidlaw. 1999. Aggressive acts and assaults in intimate relationships: Towards an understanding of the literature. Behavioral Sciences and Law 17:285–304. 22. Lalmuss, D. 1984. The intergenerational transmission of marital aggression. Journal of Marriage and Family 46:11–19. 23. Margolin, G. 1987. The multiple forms of aggressiveness between marital partners: How do we identify them? Journal of Marital and Family Therapy 13:77–84. 24. Milardo, R. M. 1998. Gender asymmetry in common couple violence. Personal Relationships 5:423–438. 25. O’Leary, K. D., J. Barling, I. Arias, A. Rosenbaum, J. Malone, and A. Tyree. 1989. Prevalence and stability of physical aggression between spouses: A longitudinal analysis. Journal of Consulting and Clinical Psychology 57:263–268. 26. Russell, F. H., and B. Hulson. 1992. Physical and psycho- logical abuse of heterosexual partners. Personality and Individual Differences 13:457–473. 27. Murphy, J. E. 1988. Date abuse and forced intercourse among college students. In Family abuse and its conse- quences: New direction in research, ed. G. T. Hotaling, D. Finkelhor, J. T. Kirkpatrick, and M. A. Straus, 285–296. Thousand Oaks. CA: Sage Publications. 28. McDowell, J. D. 1994. Domestic violence: Recognizing signs of abuse in patients. Dental Teamwork 23–25. 29. McDowell, J. D., and E. H. Miller. 1996. The dental team’s role in recognizing and reporting domestic violence. Journal of Colorado Dental Association 1:21–37. 30. National Elder Abuse Incidence Study. Final Report Prepared for the Administration on Aging. Washington. DC: U.S. Department of Health and Human Services, 1998. 33 3 3.1 Death investigative Systems Most death investigators, including consultant forensic odontologists, are familiar with their own jurisdiction but may not be aware of the variables that exist through- out the world, including the United States. In general, systems tend to fall into three broad categories. Most common throughout much of the non-English- speaking world is a system where a magistrate or prosecutor supervises the death investigation. When an autopsy is needed, it may be provided by governmental or univer- sity sources. The English-speaking nations tend to follow the coroner system, in which the coroner is appointed as a quasi-judicial agent who supervises death investiga- tions and may conduct inquests of the dead. When the colonies broke away from Britain, the coroner system was brought to the United States, usually as a county elective office. In some states, a justice of the peace office was combined with coroner functions. Medical qualifi- cations were not required. Some elected coroner systems of the United States have been replaced by a system of appointed medical examiners. The first system with a pathologist supervi- sor and a central laboratory in the United States was in New York City, circa 1915. Maryland replaced its elected lay coroner system with an appointed pathologist medi- cal examiner system in 1939. Other jurisdictions fol- lowed in the period following World War II. Today, the United States has a varied mix of systems, including sheriff–coroners in some parts of California and medical examiners in other parts. Some states have only medi- cal examiners and others a mix of coroners and medical examiners [1]. In some jurisdictions, the coroner may be called a medical examiner even though he or she is not a pathologist. Historical, political, and economic factors seem to determine what system exists. Canada has gen- erally followed the coroner model, although some juris- dictions follow the medical examiner model [1]. A major summation of the death investigative sys- tems of the United States authored by an experienced forensic pathologist and historian was published in late 2009. Dr. Jeffrey M. Jentzen was the chief medical exam- iner for Milwaukee County, Wisconsin, for many years. His undergraduate education included history. While in Milwaukee he achieved a master’s degree in history and continued history research and study to receive a doc- torate of philosophy; he is presently on the faculty of the University of Michigan. Dr. Jentzen’s dissertation was published as Death Investigation in America: Coroners, Medical Examiners, and the Pursuit of Medical Certainty [2]. It is an excellent resource regarding the evolution of death investigative service in the United States. Its 209 pages are a distil- lation of how the U.S. systems evolved into what exists today. Ten chapters plus an epilogue are supported by a total of 733 notations and an additional selected bibli- ography. All chapters are worthy; however, certain sec- tions of Chapter 10, “In Search of Reasonable Medical Certainty,” are of functional value to death investigators: Science and the Law, The Burden of Proof, Reasonable role of the medical Examiner, Coroner,and Pathologist JoSeph h. DaviS Contents 3.1 Death Investigative Systems 33 3.2 A Complete Medical Examiner System 34 3.3 The Florida Model 34 3.4 Case Investigative Principles 35 3.5 Forensic Odontology Service Unavailable 35 3.6 Forensic Odontology Service Becomes Available 37 3.7 Bitemarks 37 3.8 Consultations 39 3.9 Pattern Variables 39 3.10 Discord among Experts 40 3.11 Summary 40 References 40 34 Bitemark evidence: a color atlas and text, 2nd edition Medical Certainty, Admissibility of Expert Evidence, Evidence-Based Medicine, and Expert Testimony. The most recent summary of death investigative systems of the world was presented at the National Association of Medical Examiners (NAME) Interim Meeting in Seattle, Washington, on February 23, 2010. The program title was “Global Forensic Medicine: Learn- ing from One Another,” Thomas T. Noguchi, chairman, and Jeffrey Jentzen, cochairman. Topics included: Coroner’s Tradition and Current Development in the United Kingdom The Coronial System in Australia Recent Changes Affecting Canadian Practice of Forensic Pathology Recent Developments in Death Investigation in Singapore Legal Medicine in France Italian Legal Medicine The German Development in Legal Medicine and Forensic Pathology Current Japanese Practice in Death Investigation Overview of Forensic Medicine in the People’s Republic of China and Taiwan Forensic Medicine in the Arab and Islamic Middle East Current Practice and New Developments in Death Investigation in Mexico Current Development in Legal Medicine and Forensic Pathology in Peru It was clear that the speakers possessed a common desire to render the best service possible. It was equally clear that traditional governmental systems determine how well forensic pathology and legal medicine are or are not rendered. NAME has published a 64-page sum- mary of the proceedings and issued it to the attendees at the session. 3.2 A Complete medical Examiner System It might be good to define a complete medical examiner system as one where the agency director is an appointed pathologist with authority to carry out scene investiga- tions and to authorize and perform autopsies of public concern. The usual statute defines such deaths as appar- ent homicide; suicide; accident; suspicious, sudden death when in apparently good health; death unattended by a licensed physician; death of occupational origin; death as public health threat; and so forth. In some states coro- ners must be physicians, but not in others. A recent trend is the election of forensically trained nurses as coroners. A universal awareness of the need for training exists. A National Institute of Justice publication, Death Investigation: A Guide for the Scene Investigator, was the first of a series of forensic guidelines and relied upon working groups and reviews by experienced medical examiners and death scene investigators [3]. A number of the guideline projects followed the death investiga- tion model: “Crime Scene Investigation,” “Eye Witness Evidence,” and “Explosion and Bombing” [4]. The death investigator guideline and many other reports (e.g., NAME Forensic Autopsy Standards) are posted free on the Web site of Occupational Research and Assessment (www.orainc.com). Forensic odontol- ogy information and pertinent links are found on the American Board of Forensic Odontology (ABFO) Web site (www.abfo.org). Click on “ABFO Manual” for the latest edition [5]. 3.3 The Florida model Florida is the second largest land area east of the Mississippi. Its death investigative systems evolved according to local needs. Statehood in 1847 included coroners and peace justices. The constitutional revision of 1885 abolished coroners and provided that the peace justices could hold inquests. As population increased, counties and judicial circuits evolved. The judicial cir- cuits relied upon physicians or pathologists to assist when requested. In 1951, Broward County (Ft. Lauderdale) voted out the peace justices and for the first time the term “medi- cal examiner” was used in Florida. A special act of the legislature, Chapter 27439, Laws of Florida, Special Acts of 1951, set the stage for the county commission to appoint a pathologist in private practice to be designated as the medical examiner. After the death of that pathol- ogist, another was appointed. In time, an associate was appointed to cover the northern part of the county. The office pathology staff grew and served the county well for 19 years. However, the special act included a stipulation that the prosecuting attorney was to be the initiator of an autopsy request. Over time, this stipulation had been over- looked until a lawsuit was filed. As a result of an adverse judgment, the medical examiners resigned and a well- functioning entity that served the courts was destroyed through court action [6]. In the meantime, some judicial circuits had created part-time medical examiner systems; others had not. The 1955 legislature enacted a law that established the first full-time central laboratory medical examiner Role of the Medical examiner, coroner, and pathologist 35 facility in Florida; this was population based and thus applied only to Dade County [7]. It commenced opera- tion on March 15, 1956. Following the untimely death by stroke of the chief medical examiner, Dr. Stanley Durlacher, I was appointed to head the office 1 year after it began operation and remained until retirement. During my tenure, we certified over 270,000 deaths and performed over 81,000 autopsies, of which I per- formed 12%. Due to the lack of uniformity of death investiga- tion within the state, the Florida Medical Association sponsored a bill to create a statewide medical examiner system in 1968. I served on the panel of physicians and pathologists who drafted a proposed statute that serves as a model for large area and population jurisdictions. The statute was designed to cope with the rapid demo- graphic, fiscal, and political changes taking place within Florida. In 1970 a statute was enacted that created a statewide medical examiner system [8]. It provided for the state to be composed of separate districts, each serv- ing under a district medical examiner pathologist. The Dade County Medical Examiner Department became District 11. Funding for the system is based upon local needs and fiscal abilities. Categories of deaths requiring medical examiner investigation are listed. A commission pro- vides oversight with Florida Administrative Code rule- making authority [9]. Included in the rules is the Florida Association of Medical Examiners Practice Guidelines, which includes requirements for dental identification and dental records in cases in which a body cannot be viewed [10]. Homicides constitute about 0.8% of total deaths in Florida. Within that small pool are found those few homicides associated with bitemarks. 3.4 Case investigative Principles Proper case investigative principles do not deviate, regardless of the system. However, system variations may prevent implementation of proper principles. The objective of a death investigation is to derive sufficient data to determine cause and manner of death, to assure civil and criminal justice, and to assure proper certifica- tion and disposal of the dead. A system that favors total expeditious investigations by educated, trained, and ethically impartial professionals is preferred. Oversight and review mechanisms ought to exist. In Florida the Medical Examiners’ Commission designates district boundaries, participates in the nomi- nation process for district medical examiners, and has disciplinary and rule-making authority. It has set stan- dards for mandated performance of autopsies in certain types of cases and for record preparation and preser- vation; it even specifies personal participation of the pathologist during the autopsy procedure [9]. Not all systems in the United Statesoperate with these controls, leaving room for variations based on personal whim; such systems may fail to adhere to proper principles of investigation. A positive influence upon investiga- tive quality is participation in the American Academy of Forensic Sciences and the National Association of Medical Examiners. A death investigation involves different agencies with varied personnel. All must act together in harmony to produce a correlated investigation. The death investi- gation requires a synthesis of information derived from the scene and witnesses, past medical and social his- tory, and examination of the environment in which the death or injury occurred. Participants in this process are police, crime scene technicians, crime laboratory scientists, medical examiner or coroner investigators, pathologists, toxicologists, and various consultants— forensic odontologists, anthropologists, entomologists, engineers, and so forth. In general, most investigative and decision processes are shared between two agen- cies: police and coroner or medical examiner. All inves- tigations must be sufficient to develop a database that assures answers for potential future questions pertain- ing to criminal, civil, scientific, family, and public con- cern. The key to success is the correlative and cognitive capabilities of the supervisors on all sides. 3.5 Forensic odontology Service unavailable The genesis of forensic odontology service within a busy medical examiner practice may be exemplified by the following personal experience. It began nearly a half- century ago in cramped quarters with a limited budget and no prior local experience to use to forecast needs. The earliest forensic dental identification problem con- cerned a 35-year-old intoxicated male, blood alcohol 0.22 g percent, who perished from smoke inhalation while smoking in a parked automobile. The body was charred beyond recognition (Figure 3.1). Papers in a wallet and witnesses furnished presumptive identity. Police telephoned the chief dental officer of the Bureau of Medicine and Surgery, Department of the Navy, in Washington, D.C. He in turn telephoned the Naval Records Management Center in St. Louis for a record dated July 24, 1946. The information was relayed to the dental officer at the Marine Corps Air Station in Miami, which prepared a chart and compared it with 36 Bitemark evidence: a color atlas and text, 2nd edition the victim’s teeth. The transmission of record informa- tion from the initial inquiry to receipt in Miami was accomplished in only 20 minutes. The initial “bite” case for the medical examiner’s office concerned a brawl in which a man struck a mouth with his fist. Lacerations on his hand became infected. He delayed seeking medical care, gas gangrene set in, and he died. Local knowledge of bitemark analysis was nil in those days. In 1959, a 53-year-old murdered spinster was found strangled in her bedroom. A breast had been amputated and the vaginal area was mutilated after death. Found later at the morgue, beneath dense pubic hair on the skin of the mons pubis, was a curvilinear arc of faint indistinct focal markings that raised a question of a bitemark (Figure 3.2). The overlying pubic hair could have acted as an intermediary to obscure fine detail. At that time the possibility of a bitemark was discussed but not pursued. The assailant confessed to the murder 12.5 years later. A partial palm print and a fingerprint documented his presence at the crime scene. The medi- cal examiner file does not indicate whether his confes- sion mentioned any biting. When skeletal remains were found, the treating dentist confirmed the identity. In one case, a canvas bag containing a skeleton, including skull, was found in a small lake. The initial examination by a dentist noted new gold crowns. The lack of wear facets (Figure 3.3, left) indicated that they had been inserted less than 2 months before death. Eventually, the treating dentist identified the body. The murder victim had been buried in a shal- low grave, exhumed by the killers, and dumped in the lake. However, in many skeletal investigations, there are sufficient identity markers apart from the teeth. Dental consultations in those days were limited. The medical examiner would examine the teeth for con- sistency with known characteristics of the presumed Figure 3.1 Body in the first dental identification case in Miami. Figure 3.2 Miami’s first questionable bitemark case: bite- mark on the murdered victim’s mons pubis. Figure 3.3 lack of wear on gold crowns indicates that death probably occurred within 2 months of dental treatment (left). Meticulous charting of amalgams at age 11 permitted matching to the teeth of a decomposed adult murdered 15 years later (right). Role of the Medical examiner, coroner, and pathologist 37 victim. There was no dental profiling nor was there a National Crime Information Center (NCIC) for den- tal queries for possible matches of the missing to the unknowns. In one presumed identity case, the victim presented with amalgam fillings placed at 11 years of age. The dentist had drawn their outlines on an odon- togram (three- dimensional drawing of the dentition) (Figure 3.3, right). About 15 years later, the match between ante- and postmortem records was confirmed and the victim identified. Gustafson’s 1966 textbook [11] was at the time most useful in the assessment. Today, one might con- sider the Manual of Forensic Odontology, a publication of the American Society of Forensic Odontology [12]. An Internet search might provide information on bite- marks, but knowledge of the source, applicability, and veracity of the information must be verified. 3.6 Forensic odontology Service Becomes Available Subsequently, a dentist involved in a skeletal identity of a former patient expressed interest in forensic cases. He volunteered his services, became proficient, and is now an open-ended contractual consultant, an arrange- ment that encourages visits. Frequency of participation by an unpaid volunteer or a fee-for-service consultant is restricted by the reimbursement system. Medical exam- iner case investigations frequently involve the mouth. The present consultant is notified for all things of dental interest even if it is an obvious pseudo bite pattern. Whether or not a dental consultant is used depends upon the interest of the consultant and the lack of fiscal restraints on consultations. The more time a dental con- sultant is encouraged to spend in a medical examiner’s office, the more frequent is the use of dental expertise in problem solving and teaching. The optimum is a rela- tionship that facilitates the use of dental consultations rather than restricts them. As a result of this policy, our dental consultant, Richard R. Souviron, DDS, has examined over 2,300 cases in the Miami-Dade County Medical Examiner Department. Dr. Souviron and his present associate have gener- ated an experience-based instructional publication, a teaching pattern that served me well a half-century ago. I recall when I was about to depart from the U.S. Public Health Service to join the faculty of the Department of Pathology in the School of Medicine at Louisiana State University. I would augment my income by performing autopsies for the coroner of Orleans Parish. In prepara- tion, I studied the 1,349 pages of illustrations in Legal Medicine, Pathology and Toxicology, newly published in 1954 by Gonzales et al. [13]. It had scant bibliographic references because it was based upon the combined experience of the authors at the New York City Medical Examiner Office. I prefer to learn from those who have been forced to solve forensic problems instead of those who depend upon publications often copied from previ- ous publications. The culmination of decades of association between forensic odontologists and the Medical Examiner Department of Miami-Dade County is abook by Dr. William E. Silver and Dr. Richard R. Souviron enti- tled Dental Autopsy [14]. Similarly to the book I studied in 1954, its strength derives from an absence of biblio- graphic references. It does not copy from publications of others, but rather depends upon extensive practical service at the medical examiner department. A major factor that created the foundation for the book is their enthusiasm and enjoyment, unimpeded by artificial restrictions such as fee for service. They could devote as much time as they wished to build a case to their sat- isfaction. They could participate in case investigations that were fascinating without restrictions based upon budget concerns. Without doubt, other forensic odontologists share their interests; otherwise they would not become foren- sic odontologists. How many could visit the death investigative facility unfettered by budget restrictions? I know not. Multiple cases of diverse types and degrees of dental considerations, coupled with their unbounded enthu- siasm and lack of restrictive elements, can be found in Silver and Souviron’s book. Its table of contents covers a wide range of topics and includes information about forensic odontology for the neophyte in dentistry and others who render dental opinions in court. 3.7 Bitemarks Suspect bitemarks merit special consideration. If the medical examiner or coroner lacks dental resources and no forensic dentist is going to be available to examine the body, the next best thing is to document so that future study may be feasible. The marks should be care- fully scrutinized for evidence of abrasions, contusions, petechia in skin, and impressions left by teeth. The bite should be swabbed for DNA, making certain that the swabs and containers are not cross-contaminated. Orientation and close-up photographs must be arranged. A quality camera and film sufficient for future enlargements is needed. Digital photography may suf- fice if camera resolution permits enlargements without distortion. Color slide film has greater resolution than 38 Bitemark evidence: a color atlas and text, 2nd edition print film. A series of photographs without a scale and a series of photographs with a scale in the same plane as the mark are essential. The ABFO no. 2 scale is pre- ferred. Composition, lighting, color balance (use a color scale in pictures), and focus are critical. A macrolens is useful for the closer views. When satisfactory photographs are completed, a cast or other form of documentation may be made of the bitemark in the event that indentations are present. Local police crime scene personnel or a local dentist may be able to assist. After all documentation to scale is completed, careful total excision of the bitemark— avoiding tissue distortion through shrinkage or other means—is made for two ulterior purposes: to preserve photographically the color and depth of the underly- ing contusion and for microscopic slide preparations. Eventual histopathological examination is desirable and is outlined in other chapters. Microscopic slides must be identified as to their source. It is well to have the report contain a chart of the bite and the identified sites from which microscopic slides have been prepared. Ideally, a forensic odontologist should participate. The attacker may transfer personal identity sub- strates to the victim or vice versa; these may include blood, sperm, sweat, or hair. While human bitemarks may be visible, DNA containing saliva is usually not. The crime scene and circumstances might indicate a poten- tial oral transfer regardless of the state of the persons involved. The first step in the investigation is recognition that a set of circumstances might indicate the potential for mouth contact absent of teeth marks. If conscious, the patient might indicate possible sites of mouth con- tact. If unconscious or dead, exposed portions of skin may indicate a similar potential. These potential areas should be protected and swabbed for DNA as soon as possible. Clothing potentially contaminated with an assailant’s DNA should be carefully preserved and not further contaminated. The attacker’s skin may be found under the victim’s fingernails. One may not assume that first responders thought of this potential. Only in recent years has the value of DNA evidence from saliva been appreciated. Police may focus on bloodstains or obvious injury patterns but may overlook the potential for saliva transfer at other points. Those who follow in the investigative steps must be con- cerned despite the fact that they were not involved in the initial investigative phase. In fatal events, sooner or later coroner or medical examiner personnel enter the investigation. Systems, response of personnel, and training and experience of per- sonnel are not uniform from one jurisdiction to another. Yet the principles of proper investigation remain the same throughout all jurisdictions. Accordingly, we should famil- iarize ourselves with the investigative systems in our juris- dictions and be prepared to respond properly. The coroner or medical examiner investigator may be part of the initial response, although not always. The first rule is that the scene remains undisturbed until crime scene evidence technicians have documented by proper photography the relationship of the body to its surroundings. Any items of potential evidence must be documented. At some point the body is examined. This critical examination may disclose the potential for saliva transfer to any part of the body or its clothing, the potential for patterns of teeth injury, the potential for fingernail scraping evidence, and even latent finger- prints upon skin. Latent fingerprints upon skin, long thought to be impossible, are possible under certain circumstances [15]. An example is a deceased young woman who was found at her place of employment. Her nude body was dusted for fingerprints and a set appeared on a leg above the ankle. Police photographed the prints with a Rolliflex camera equipped with auxiliary clip-on magni- fying lenses and used print film. The medical examiner used a Nikon with an expensive macro lens and color slide film. Only the medical examiner’s photographs revealed resolution detail sufficient for classification of the prints. Two lessons were learned: It is wise to build redun- dancy into the documentation process, and resolution is essential. Camera and film quality must meet specific needs. Police subsequently switched to Nikon cameras with quality lenses. Another lesson learned was that ambi- ent temperature plays a role in the detection of fingerprints on human skin [15]. Similar high-resolution quality pho- tographs must also apply to bitemark evaluation. Clothing may or may not be removed from the body prior to transport. If it is removed, the pathologist and especially the bitemark specialist must know the nature of the clothing and the areas covered by the clothing. A recent example concerned a forensic odontologist who rendered an erroneous bitemark opinion because he failed to require police crime scene photographs. Magnification of the skin may reveal a cloth weave pat- tern. Also, when clothing is interposed between teeth and skin, saliva DNA should be expected on the clothing, not the underlying skin. Pathologists and their consul- tants must therefore be certain that all pertinent circum- stantial information be furnished before rendering an opinion. If clothing interposition is suspected, the sus- picion must be immediately relayed to the police and the forensic laboratory to search the clothing for DNA. Role of the Medical examiner, coroner, and pathologist 39 It is incumbent upon all first responders, treatment personnel, police, crime scene investigators, medi- cal examiner or coroner, and pathologist to realize the potential interpersonal victim–assailant linkage within the crime scene and circumstances.3.8 Consultations A pattern injury may clearly be a bitemark, may be a suspicious bitemark, or may clearly not be a bitemark. In any case, a forensic odontologist should be given the opportunity to examine the lesions and judge their relevance. The problem is that not all pathologists or dentists are equally trained, knowledgeable, or experi- enced. For these reasons, it is prudent to have a qualified set of eyes review the evidence. Two murder victims were found in an adjacent juris- diction. To the pathologist and the consultant odontolo- gist, some patterns on a body appeared to be human bitemarks. Prudence prevailed and they sought the assistance of a more experienced forensic odontologist, who brought the present author along. Although some patterns might have suggested human teeth marks, an incision into the suspect area clearly demonstrated the superficial nature of surface erosions caused by ants. Prudence on the part of the investigators resulted in a proper final opinion as to the cause of the patterns. Unfortunately, wrongful criminal charges can result when evidence is weak and opinions are strong. Ant bite erosions and irritative dermatitis patterns have been equated with human bite patterns by some odontolo- gists and pathologists with dire consequences. A wise pathologist is familiar with patterns and should judge the validity of consultant opinions. The police and pros- ecuting attorney are not expected to possess this talent. The forensic pathologist retains accountability and lia- bility for pathology opinions and in some jurisdictions might be liable for consultant opinions. 3.9 Pattern variables Scene investigators, pathologists, and odontologists rec- ognize that bitemarks can present variable patterns. The inflicted violence is variable. At one end of the spectrum there is licking, mouthing, or sucking without any abra- sive or crushing action by teeth. Circumstances must be carefully evaluated before rendering an opinion that potential DNA sites are absent. At the other end of the spectrum is the avulsive bite. An example is the noto- rious, highly publicized example of boxer Mike Tyson, who bit off part of his opponent’s ear. Sites may be located anywhere on the body. One study suggested that 40% of cases had two or more bites. Males were bitten more commonly on the arms or shoulders; females were bitten on the breast, arms, and legs. This differs from live clinical studies, where hands and fingers were more commonly bitten, reflecting the nature of the problem altercation [16]. Skin thickness varies widely, from the thin skin of the eyelids, nipple, scrotum, and penis to the thick skin of the back, the nose’s overlying cartilage, and calloused palms and feet. Skin varies with age from the thin skin of the infant to the atrophic fragile skin of the elderly. The pattern injury produced by teeth will vary depending on surface contour and interpersonal posi- tions. The observed pattern on a body lying flat on the autopsy table may or may not reflect the pattern of inflic- tion in positional relationship at the precise moment of attack. A bite in the region of the axillary fold will vary with positional change (Figure 3.4). In a situation of the same victim, the same attacker, and more than one bite, the patterns may appear to be from different sources to the untrained eye. Alternatively, a dental impression on the back of the hand or forearm may be caused by the victim’s own mouth resting on that portion of the anatomy after collapse. The pathologist and consultant should anticipate future questions that may arise as the investigation Figure 3.4 posterior axillary fold bitemark without arm extension (left) and with arm raised (right). 40 Bitemark evidence: a color atlas and text, 2nd edition unfolds and wends its way through court. Was the bite inflicted before, during, or after death? Commenting on circumstances of a bite, MacDonald points out a spectrum from amorous to aggressive [17]. One may anticipate a defense claim that a bite was con- sensual and not associated with the crime. Would a bite leave permanent marks or scarring? In a living victim, permanence of damage may constitute the difference between third-degree battery and second-degree battery and thus affect the criminal charges. 3.10 Discord among Experts What happens when experts disagree on bitemark inter- pretation? Theoretically, equally well-trained experts ought to come to the same conclusions. The first con- sideration is to determine whether they examined the exact same evidence. For example, original slides and duplicates are not necessarily the same. Original pho- tos that have been digitized are not originals. That being so, the next step is to determine if one of the experts is a pseudoexpert whose motives may be suspect. In an informative and entertaining fashion (including the title “Mountebanks among Forensic Scientists”), Starrs pres- ents 12 case examples with ample references from trial testimony [18]. In reviewing the cases, it is noteworthy that untrustworthy testimony often includes exaggera- tion of credentials. Aberrant opinion may be difficult to challenge, but falsification of credentials is easy to detect. The greatest problem is when the differing experts are equally well trained, knowledgeable, experienced, and well respected. In theory, discordance of interpre- tation should be lacking. Nordby, whose background includes medical examiner death scene investigation, has a unique qualification—a doctorate in philosophy with a dissertation on logic. One needs to study his analysis of the factors leading to disagreement between forensic experts, including odontologists [19]. The eyes see, but the viewer observes. Observation is affected by investigative expectation. From observation is derived opinion, which may have been affected by an artifact induced by expectation. The Nordby paper deserves repeated study. Despite great advances in the application of science to forensic problem solving, problems remain. Recently, the National Academy of Sciences issued a report on serious problems within the forensic sciences. A free executive summary report can be downloaded through the Internet [20] with the full version [21]. 3.11 Summary The medical examiner or coroner is usually the person to notify a consultant forensic odontologist that a sus- pect bitemark is present. Police or coroner or medical examiner investigators are most likely the first to notice suspect patterns. If they fail, the forensic pathologist is the next step in the detection. At this point the full resources of forensic odontology must prevail. The role of the forensic odontologist as part of the death investi- gative team is today an accepted fact. A complex bitemark case may occur in any police or coroner or medical examiner jurisdiction, large or small, rural or urban. Lack of local resources is no excuse for an inadequate investigation. Local egos must never override a need to seek consultation. Police, forensic pathology, and forensic odontology networks exist. Initial “what to do” consultation is only a telephone call away. If an arrest is made and a criminal trial ensues, courts will not tolerate a lack-of-resources excuse for an inadequate investigation. Coroner or medical examin- ers and their forensic pathologists must plan for this eventuality if their community and justice will be served. Ideal planning should encompass the total death inves- tigation system, including infrastructure and training, professional standards and quality, the criminal and civil justice systems, public health needs, disasters, and homeland security. references 1. Combs, D. L., R. G. Parrish, and R. Ing. 1995. Death investigation in the United States and Canada. Atlanta: Centers for Disease Control and Prevention. 2. Jentzen J. M. 2009. Death investigation in America, coro- ners, medical examiners, andthe pursuit of medical cer- tainty. Cambridge, MA: Harvard Univ. Press. 3. NIJ death investigation: A guide for the scene investigator. http://www.ncjrs.gov/pdffiles/167568.pdf 4. Other NIJ guidelines of interest to forensic odontolo- gists: Crime scene investigation (http://www.ncjrs.gov/ pdffiles1/nij/178240.pdf); Eye witness evidence (http:// www.ncjrs.gov/pdffiles1/nij/1782X0.pdf); Explosion and bombing (http://www.ncjrs.gov/pdffiles1/nij/181819.pdf); www.abfo.org (click on “ABFO Manual” for download). 5. Rupp, J. C. 1971. Death of a medical examiner system. Journal for Sciences 16:420–437. 6. Chapter 30228, Laws of Florida, 1955. 7. Chapter 406, Florida Statutes. 8. Rules 11G 1–5, Florida Administrative Code. 9. http://www.fdle.state.fl.us/Content/CJST/Documents/ Medical-Examiners-Commission-(MEC).aspx http://www.ncjrs.gov/pdffiles1/nij/178240.pdf http://www.ncjrs.gov/pdffiles1/nij/178240.pdf http://www.ncjrs.gov/pdffiles1/nij/1782X0.pdf http://www.ncjrs.gov/pdffiles1/nij/1782X0.pdf http://www.fdle.state.fl.us/Content/CJST/Documents/Medical-Examiners-Commission-(MEC).aspx http://www.fdle.state.fl.us/Content/CJST/Documents/Medical-Examiners-Commission-(MEC).aspx Role of the Medical examiner, coroner, and pathologist 41 10. Scroll down to and click on MEC 2008 Annual Workload Report. 11. Gustafson, G. 1966. Forensic odontology. London: Stapler Press. 12. Bowers, C. M., and G. Bell, eds. 1995. Manual of forensic odontology, 3rd ed. Lubbock, TX: American Society of Forensic Odontology (online at www.newabfo.com). 13. Gonzalez, T. A., M. Vance, M. Helpern, and C. J. Umberger. 1954. Legal medicine, pathology and toxicol- ogy, 2nd ed. New York: Appleton–Century–Crofts. 14. Silver, W. E., and R. R. Souviron. 2009. Dental autopsy. Boca Raton, FL: Taylor & Francis. 15. Sampson, W. C. 1996. Latent fingerprint evidence on human skin (part 1). Journal of Forensic Identification 46:188–195. 16. Vale, G. L., and T. T. Noguchi. 1983. Anatomical distribu- tion of human bitemarks in a series of 67 cases. Journal of Forensic Sciences 28:61–69. 17. MacDonald, D. G. 1974. Bitemark recognition and inter- pretation. Journal of Forensic Sciences 14:229–233. 18. Starrs, J. E. 1988. Montebanks among forensic scientists. In Forensic science handbook, vol. 2, ed. R. Saferstein. Englewood Cliffs, NJ: Prentice Hall. 19. Nordby, J. J. 1992. Can we believe what we see, if we see what we believe? Expert disagreement. Journal for Sciences 37:1115–1124. 20. http://www.nap.edu/nap-cgi/report.cgi?record_id=12589 &type=pdfxsum 21. http://www.nap.edu/openbook.php?record_id=12589 &page=1 http://www.nap.edu/nap-cgi/report.cgi?record_id=12589&type=pdfxsum http://www.nap.edu/nap-cgi/report.cgi?record_id=12589&type=pdfxsum http://www.nap.edu/openbook.php?record_id=12589&page=1 http://www.nap.edu/openbook.php?record_id=12589&page=1 43 4 4.1 introduction Integrating the philosophy of multidisciplinary team- work during bitemark investigation will increase suc- cess in the recognition, collection, chain of possession, storing, analysis, and effective court presentation of bitemark evidence. Investigators are increasingly chal- lenged to deliver scientific evidence of the highest evi- dentiary value in bitemark investigations. Jury members and the public have developed high expectations con- cerning scientific forensic evidence as a result of being exposed to forensic science in the popular media [1]. Bitemark evidence is considered a strong factor in the investigation of many crimes [2], and the forensic dental consultant is the logical professional to lead the way in designing the team’s protocol. Forensic odontolo- gists, also called forensic dentists, tend to work within a framework of accepted standard operating procedures (SOPs). The majority of odontologists, whether they are certified diplomates of the American Board of Forensic Odontology (ABFO) or not, routinely follow the prin- ciples set forth by the ABFO guidelines [3]. Despite recent technological advances in bitemark analysis, the most important asset is still a thorough and well-planned collaborative investigation. Whether or not the investigation takes place in a jurisdiction with unlimited resources, high-tech equipment, and mod- ern laboratory facilities, any bitemark investigation will benefit from the interaction of well-trained personnel working as a multidisciplinary team. The Team Approach in Bitemark investigation veRonique F. DelattRe Contents 4.1 Introduction 43 4.2 Advantages of the Team Approach during Bitemark Investigation 44 4.3 Potential Team Members and Their Roles 44 4.3.1 Forensic Odontologist 44 4.3.2 First Responders 44 4.3.3 Law Enforcement Officials and Crime Scene Investigators 44 4.3.4 Sexual Assault Nurse Examiner 45 4.3.5 Medical Examiner 45 4.3.6 Coroner 45 4.3.7 Forensic Pathologist 45 4.3.8 Forensic Photographer 45 4.3.9 Criminalist 45 4.4 Bitemark Evidence Detection, Description, and Collection 45 4.4.1 Initial Forensic Dental Evaluation 45 4.4.2 Trace Evidence Detection and Collection 47 4.4.3 Forensic Dental Evidence Collection 47 4.5 Developing a Teamwork Protocol for Bitemark Investigation 47 4.5.1 Initial Phase 47 4.5.2 Protocol Development Phase 47 4.5.3 Testing Phase 48 4.5.4 Updates and Revisions 48 4.6 Sample Team Protocol for Collecting Patterned Injury Evidence 48 4.6.1 At the Crime Scene 48 4.6.2 At the Morgue 48 4.7 Teamwork in Smaller Jurisdictions 48 4.8 Conclusion 48 References 48 44 Bitemark evidence: a color atlas and text, 2nd edition Preplanning a multidisciplinary team approach to bitemark investigations will ensure that (1) no evidence is overlooked, (2) no evidence is altered or destroyed before collection, and (3) each of the forensic specialists involved in the investigation participates in the most appropriate sequence for optimal evidence collection. 4.2 Advantages of the Team Approach during Bitemark investigation The team approach is especially appropriate for con- ducting tasks that are high in complexity and have many interdependent subtasks. A team is defined as a group of people linked by a common purpose, such as during a bitemark investigation. Teamwork will reduce feelings of isolation among the various forensic scientists work- ing on the same case and will keep the “big picture” at the center of the investigation. Teamwork among foren- sic scientists also ensures that one forensic specialty’s method of evidence collection will not damage the par- ticular evidence needed by another specialty or under- mine the efforts of others on the same case. Even the most modern, high-tech methods of evidence analysis may be of no evidentiary value if the primary evidence is overlooked, altered, damaged, or destroyed before each expert is able to adequately collect his or her portion of the bitemark evidence to complete his or her portion of the investigation. The team approach allows each member to under- stand specific duties ahead of time, delineates his or her area of evidence collection, and reinforces the respon- sibilities in the overall investigation scenario. These expectations should be clearly spelled out in a written protocol to minimize confusion, duplication, and errors. This multidisciplinary approach will enhance the per- ceived cohesiveness and validity of the various forms of evidence presented to the jury [4]. 4.3 Potential Team members and Their roles There are two obvious categories of bitemark recipients: the living and the deceased. While the overall evidence needed for bitemark analysis will generally be the same in both the living and deceased, the team protocol and specific team members will vary depending upon the specific circumstances in the case. Presented in this section is a brief review of potential bitemark investiga- tion team members and their roles. 4.3.1 Forensic odontologist The forensic odontologist is central to any bitemark inves- tigation.A forensic odontologist is a dentist who special- izes in the proper handling, examination, and evaluation of dental evidence, which may then be presented in the interest of justice. An odontologist’s duties on the bite- mark investigation team include the recognition, record- ing, collection, preservation, analysis, and comparison of pattern injuries—or, more specifically, bitemarks. As a result of the recommendations of the 2009 National Academy of Sciences report, Strengthening Forensic Science in the United States: A Path Forward [5], medical examiner and coroner offices are increasingly choosing to work with certified forensic odontologists rather than with those who are not certified. Among other recommendations, the report advises that all forensic science disciplines must have a strong scientific foundation, that all forensic scientists should be cer- tified, and that all forensic scientists should hold them- selves to a code of ethics. In the field of forensic odontology, certification is granted by the American Board of Forensic Odontology based upon the candidate’s personal and professional record of education, training, experience, and achieve- ment, as well as the results of a formal examination. The ABFO is recognized by the American Academy of Forensic Sciences and accredited by the Forensic Specialties Accreditation Board [6]. A directory of cer- tified diplomates of the American Board of Forensic Odontology can be found on the ABFO’s Web site [7]. 4.3.2 First responders First responders (paramedics, emergency medical techni- cians, forensic nurses, and emergency room physicians) may be the first to recognize a suspected bitemark. Their role is to alert law enforcement officials or protective services. They may also begin the forensic evidence col- lection process, in accordance with their training and institutional protocol. 4.3.3 law Enforcement officials and Crime Scene investigators Law enforcement officials and crime scene investigators are responsible for securing, evaluating, and photograph- ing the scene. They also assemble physical evidence for future scientific evaluation. Their expertise in recogniz- ing and properly collecting physical evidence is essential to solving as well as prosecuting crimes. Law enforce- ment officials and crime scene investigators produce detailed reports on the crime scene, including their own the team approach in Bitemark investigation 45 observations and interviews with witnesses, suspects, and victims. 4.3.4 Sexual Assault nurse Examiner The sexual assault nurse examiner (SANE) is a registered nurse who has completed both didactic education and clinical training in caring for patients who have been sexually assaulted. The basic training includes methods of evidence collection for the adult or adolescent popu- lation, leading to the SANE-A (adult/adolescent) desig- nation. With more experience and continued education, the SANE-A is educated regarding the interpretation of findings specifically associated with child sexual abuse, leading to the SANE-P (pediatric/adolescent) designation [8]. Certification is achieved through the International Association of Forensic Nurses’ Forensic Nursing Certification Board (FNCB) [9]. 4.3.5 medical Examiner The medical examiner is a physician who investigates the facts when a person has died a sudden, unexpected, or violent death. He or she is elected or appointed to serve a specific jurisdiction and is tasked with determin- ing the identity of an unknown person and the cause and manner of the death that is under investigation [10]. The manner of death will be declared one of the follow- ing: natural, homicide, suicide, accidental, or undeter- mined. The cause of death is the disease or injury that initiated the lethal chain of events. While a number of complications and contributing factors may have been involved, the cause of death is the initial underlying rea- son that led to the individual’s death. 4.3.6 Coroner The coroner is a public official charged with inquiry into deaths that fall into certain categories. The coroner is not required to be a physician or be trained in medicine. Depending upon the jurisdiction defining the responsi- bilities, the coroner may not necessarily be a physician and may contact physicians or forensic pathologists to perform autopsies when there appears to be a suspicious manner of death that requires a forensic autopsy [11]. 4.3.7 Forensic Pathologist In the course of bitemark investigation, the forensic pathologist can be especially valuable in evaluating the tissue involved in any suspicious pattern injury, with the main goal of determining the timing and extent of the injury. Forensic pathologists are specifically trained to perform forensic autopsies, to evaluate patient medical history and law enforcement reports that may help determine the manner and cause of death, to col- lect biological trace evidence and secretions, to docu- ment evidence of sexual assault, and to reconstruct how a person received injuries, including direction, type, and manner thereof [12]. 4.3.8 Forensic Photographer A forensic photographer visually records the crime scene and the body for documentation, further study, and use in court presentation. The duties of a forensic photogra- pher are determined by the hiring agency. Some duties may include photographing crime scenes, autopsies, and articles of evidence, and digitizing hard copy photo- graphs or radiographs. A forensic photographer should be well trained in alternate lighting techniques; mac- rophotography; specialized lighting such as ultraviolet (UV), infrared (IR), and alternate light imaging (ALI) techniques; and the use of filters [13]. 4.3.9 Criminalist Many agencies employ criminalists, who have at least a bachelor’s degree in chemistry, biology, physics, molec- ular biology, or a related science. They are charged with analyzing, comparing, identifying, and interpret- ing physical evidence. A criminalist’s duties may vary within different agencies, depending upon the needs of the jurisdiction. Criminalists can be relied upon to work well with a wide variety of evidence, such as hair, fiber, blood, body fluids, soil, ballistics, and tool marks. With their expertise in trace evidence analysis, they are often the backbone of a bitemark investigation. The criminalist may also be the scientist tasked with DNA investigation by extracting, amplifying, and comparing DNA samples to determine if there is a correlation between a suspect and a bitemark. The certifying organization for crimi- nalists is the American Board of Criminalistics [14]. 4.4 Bitemark Evidence Detection, Description, and Collection 4.4.1 initial Forensic Dental Evaluation When possible, the forensic odontologist should first view the pattern injuries that are under investigation with the medical examiner in charge of the case. The purposes of the initial collaborative session are to deter- mine a consistent numbering system to distinguish each injury to be evaluated, agree upon the terminology to 46 Bitemark evidence: a color atlas and text, 2nd edition describe the anatomical location of each injury, and agree upon the terminology to describe each injury. Using a table and diagrams or orientation-type photo- graphs will facilitate the communication process among members. Figure 4.1 depicts a table that summarizes the agreed-upon terminology of multiple injuries seen dur- ing a bitemark investigation. Other team members should strive to use the same numbering and terminology system to present their particular evidence. Of course, the individual team members’ official reports will use appropriate terms as stated in their specialties’ guidelines. A consistent num- bering system and terminology by all experts will serve to maximize the effectiveness of any future testimony regarding the injuries, particularly in cases where thereare multiple injuries. Figure 4.2 depicts orientation-type photographs of two of the injuries described in the sum- mary table. Figure 4.2 orientation-type photograph, with information about the injury number and anatomical location of the sec- ond and the ninth bitemark described previously in the summary table. Case number 123 The victim’s maxillary intercuspid distance meas ures: approximately 32 mm The victim’s mandibular intercuspid distance meas ures: approximately 27 mm Injury # Anatomical Location Approximate Size At Widest Points (mm) Description Consistent With A Human Bitemark? Evidentiary Value 1 Back 30 × 31 Discoloration Yes Moderate 2 Flexor right forearm 26 × 28 Discoloration Yes Low 3 Medial right forearm 28 × 30 Discoloration and areas of mild abrasion Yes Moderate with some details visible 4 Extensor right forearm 26 × 29 Discoloration Yes Moderate with some details visible 5 Extensor left wrist 25 × 25 Dark discoloration Yes High 6 Extensor left forearm 25 × 27 Indistinct area of discoloration Yes Low 7 Extensor medial left forearm 25 × 27 Discoloration Yes Low 8 Medial left wrist 26 × 30 Diffuse discoloration Yes Low 9 Flexor left forearm 30 × 30 Discoloration Yes Moderate 10 Left bicep 29 × 32 Discoloration Yes Moderate with some details visible 11 Posterior left thigh 30 × 30 Discoloration Yes Moderate with some details visible Figure 4.1 this table summarizes the mutually agreed-upon terminology that was used during an investigation on a victim with 11 suspected bitemarks. use of consistent terminology among team members will maximize the effective- ness of future testimony regarding the injuries. the team approach in Bitemark investigation 47 4.4.2 Trace Evidence Detection and Collection Trace evidence detection and collection begins with the covered or bagged body parts. Evidence detection pro- ceeds using white light, ultraviolet, and alternate light sources and, at times, infrared light. Obvious injuries and fluorescent areas are marked on diagram sheets, such as those seen in Figure 4.3. Similar diagram sheets can be found on the Web site of the Armed Forces Institute of Pathology [15]. Fluorescing items, such as dried bodily fluids, are photographed in vivo, catalogued, col- lected using sterile saline, and appropriately stored for DNA analysis. To avoid contamination with one’s own saliva, one should not moisten an evidence-envelope seal by lick- ing. Collected items and trace evidence swabs are labeled with case number, date, and collector initials and are placed in appropriate sealed and labeled containers. 4.4.3 Forensic Dental Evidence Collection Only a summary of steps will be presented in this sec- tion. The guidelines to follow in any bitemark investiga- tion can be found in other chapters of this book and in the American Board of Forensic Odontology Diplomates’ Reference Manual [16]. Determine whether each injury in question is a • potential bitemark [17]. Swab each injury if you cannot verify that it has • previously been processed. Photograph and document the potential bite-• mark injury. Take impressions of the potential bitemark, if • indicated. Consider whether total excision, preservation, • or fixation of the injured skin is indicated. 4.5 Developing a Teamwork Protocol for Bitemark investigation 4.5.1 initial Phase During the initial phase, when a teamwork protocol in bitemark investigation of the deceased is being devel- oped, it is important for each forensic specialist to provide an overview of his or her evidence needs and guidelines to the team members. Some critical ques- tions should be answered during this phase. Who will collect DNA samples? How and when? How will the body be protected from further contamination during transportation to the morgue? Who records the chain of possession? How is it registered? Who is responsible for the transfer of evidence? To which specialist should the exhibit or specimen go? 4.5.2 Protocol Development Phase During a scheduled conference of all team members, the specialty-specific guidelines should be reviewed for redundancy or steps that might damage another mem- ber’s evidence. For example, in vivo photographs may be taken first; then, the trace evidence can be collected and the injury washed to allow further photographs to be taken as appropriate. Figure 4.3 Diagram of the arms and hands, which can be helpful in documenting areas of injury and facilitate com- munication between team members. 48 Bitemark evidence: a color atlas and text, 2nd edition 4.5.3 Testing Phase As many potential members of the team as possible should attend a simulated case scenario as part of a training process to assure that each member clearly understands his or her duties, limits, and responsibili- ties. It should quickly become apparent that a particular team member will be skilled at orchestrating parts of the investigation and that a certain flow of duties will result. During this phase, the team will need to identify specific roles, the order in which each member will function, and the evidence to be collected by each member. 4.5.4 updates and revisions Once the team protocol has been developed, tested, and undergone real-life implementation, it is important to review the protocol and make any necessary updates or revisions as needed. 4.6 Sample Team Protocol for Collecting Patterned injury Evidence 4.6.1 At the Crime Scene Document the suspected bitemark injuries.• Photograph the suspected bitemark injuries.• Collect DNA samples at the scene.• Cover any body part suspected to have trace • evidence material: bag the hands and feet, cover breasts, etc. Place deceased in a new or thoroughly decon-• taminated, sealed body bag. Transport body to the morgue.• 4.6.2 At the morgue Issue a case number.• Follow routine check-in procedures of the • decedent. Take sequential photographs throughout the • check-in procedures. In some jurisdictions, full-body radiographs are • taken through the body bag before unsealing it. Remove the body bag’s seal and open the body • bag in the presence of the appropriate persons. Take full-body radiographs.• Begin the evidence collection and autopsy • protocol. 4.7 Teamwork in Smaller Jurisdictions In smaller jurisdictions, it may take only a few forensically trained individuals to serve as the bitemark investigation team. Regardless of specialty, each team member must become familiar with and trained in the skills involved in recognition, proper collection, and storage of all types of bitemark evidence for the purpose of evaluation by outside consultants or for effective court presentation. 4.8 Conclusion Many factors can affect the development and use of the team concept in bitemark investigation, including num- bers and types of forensic scientists in a jurisdiction, jurisdictional rivalries, and financial resources. There can be as many organizational models as there are cit- ies, counties, states, and countries. Teamwork in bite- mark investigation requires that each forensic scientist perform a specific task efficiently in order to produce the requisite unbiased scientific result. Committing to the philosophy of a multidisciplinary teamwork approach during bitemark investigation will increase the potential for consistently high-quality evi- dence recognition and collection and will facilitate the cohesiveness of various forensic specialties in a court presentation of bitemark evidence. Preplanning a multidisciplinary team approach to bitemark investigations will help make certain that no pertinent piece of evidence is overlooked, altered, or destroyed before collection and that each of the team members participates in the most appropriate sequence for optimal evidence collection. When it comes to bite- mark investigation, the acronym “TEAM” serves to remind the individual forensic specialists that “together everyone achieves more.”references 1. Shelton, D. E., Y. S. Kim, and G. Barak. 2006. A study of juror expectations and demands concerning scientific evidence: Does the “CSI effect” exist? Vanderbilt Journal of Entertainment and Technology Law 9 (2): 331–368. 2. Vale, G. L. 1996. Dentistry. Bite marks and the investiga- tion of crime. Journal of California Dental Association 24 (5): 29–34. 3. McNamee, A. H., and D. J. Sweet. 2003. Adherence of forensic odontologists to the ABFO guidelines for victim evidence collection. Forensic Science 48 (2): 382–385. the team approach in Bitemark investigation 49 4. Delattre, V. F., R. Reynolds, A. Santos, and P. G. Stimson. 2002. Teamwork in action—Integration of the forensic sciences during bitemark investigations. Proceedings of the American Academy of Forensic Sciences Annual Meeting, Atlanta, 2002. 5. National Academy of Sciences. 2009. Strengthening foren- sic science in the United States: A path forward. Committee on Identifying the Needs of the Forensic Sciences Community: Committee on Applied and Theoretical Statistics, National Research Council. Washington, D.C.: National Academies Press. 6. American Board of Forensic Odontology diplomates refer- ence manual. October 2009. Colorado Springs, Section I, p. 9. 7. American Board of Forensic Odontology. October 2009. Member list. http://www.abfo.org/member_list.htm 8. Forensic Nursing Certification Board. 2009. Certification board and history. http://www.iafn.org/displaycommon. cfm?an=1&subarticlenbr=8 9. International Association of Forensic Nurses. Member- ship handbook. http://www.iafn.org/associations/8556/ files/Membership Handbook.pdf 10. National Association of Medical Examiners. 2007. So you want to be a medical detective. http://thename.org/ index.php?option=com_docman&task=doc_details&gi d=14&Itemid=26load&gid=14&Itemid=26 11. National Association of Medical Examiners. 2006. What is a coroner? http://thename.org/index.php?option=com_ content&task=view&id=36&Itemid=42 12. National Association of Medical Examiners. 2006. What is a forensic pathologist? http://thename.org/index.php ?option=com_content&task=view&id=38&Itemid=42 13. International Association for Identification. Frequently asked questions for forensic photographers. http://www. theiai.org/certifications/imaging/faq.php 14. American Board of Criminalistics. http://www.criminal- istics.com/cert_ovw.cfm 15. Armed Forces Institute of Pathology. Autopsy diagrams. http://www.afip.org/consultation/AFMES/forms/ 16. American Board of Forensic Odontology Diplomates’ Reference Manual. October 2009. Colorado Springs, Section III. 17. Delattre, V. F., and P. G. Stimson. 1998. Bite marks vs. other injuries—Forensic odontological evaluation of a homicide. Proceedings of American Academy of Forensic Scientists 5:133. http://www.iafn.org/displaycommon.cfm?an=1&subarticlenbr=8 http://www.iafn.org/displaycommon.cfm?an=1&subarticlenbr=8 http://www.iafn.org/associations/8556/files/Membership Handbook.pdf http://www.iafn.org/associations/8556/files/Membership Handbook.pdf http://thename.org/index.php?option=com_docman&task=doc_details&gid=14&Itemid=26load&gid=14&Itemid=26 http://thename.org/index.php?option=com_docman&task=doc_details&gid=14&Itemid=26load&gid=14&Itemid=26 http://thename.org/index.php?option=com_docman&task=doc_details&gid=14&Itemid=26load&gid=14&Itemid=26 http://thename.org/index.php?option=com_content&task=view&id=36&Itemid=42 http://thename.org/index.php?option=com_content&task=view&id=36&Itemid=42 http://thename.org/index.php?option=com_content&task=view&id=38&Itemid=42 http://thename.org/index.php?option=com_content&task=view&id=38&Itemid=42 http://www.theiai.org/certifications/imaging/faq.php http://www.theiai.org/certifications/imaging/faq.php http://www.criminalistics.com/cert_ovw.cfm http://www.criminalistics.com/cert_ovw.cfm iiiDescription of the Bitemark 53 5 5.1 Definition A bitemark can be generally defined as a pattern made by teeth in a substrate. Since the teeth can be of human or animal origin and the substrate can be skin, food, or a firm but compressible substance, more specific defi- nitions are needed. Most bitemarks of forensic interest involve the contact between human teeth and skin. The American Board of Forensic Odontology defines the human cutaneous bitemark as follows: “An injury in skin caused by contacting teeth (with or without the lips or tongue) which shows the representational pattern of the oral structures” [1]. The definition excludes other nonpatterned injuries made by teeth contacting skin such as might be encoun- tered by a fist to the mouth. It also excludes the closing action of jaws during intended biting if a recognizable pattern is not produced. These other tooth-to-skin inter- actions are still important even if not distinguished by the term “bitemark” because they can be responsible for infection, tissue destruction, or transmissible diseases, and they can transfer DNA in saliva. However, by con- vention, the term “bitemark” signifies to the forensic odontologist an injury that, by its pattern, helps estab- lish its origin from teeth. 5.2 Spelling Three terms—bitemark (one word) [2], bite mark (two words) [3–8], and bite-mark (hyphenated) [9–12]— appear in the literature. “Bite mark” is most widely used. The nature of Bitemarks MaRk l. BeRnStein Contents 5.1 Definition 53 5.2 Spelling 53 5.3 Evidentiary Value 54 5.4 Demographics 54 5.5 Pathology of the Cutaneous Bitemark 55 5.6 Anatomy of the Typical Cutaneous Human Bitemark 55 5.7 Class Characteristics of the Human Cutaneous Bitemark 55 5.8 Variations of Bitemark Patterns 57 5.8.1 Central Contusion 57 5.8.2 Linear Abrasions and Contusions 57 5.8.3 Lingual Markings 58 5.8.4 Tongue Thrusting 58 5.8.5 Acute Inflammatory Reaction 58 5.8.6 Uninterrupted Arches 58 5.8.7 Tooth Indentations 58 5.8.8 Double Bite 59 5.8.9 Multiple and Superimposed Bites 59 5.8.10 Weave Patterns 60 5.8.11 Excessive Ecchymosis and Abrasion 60 5.8.12 Partial Bitemarks 60 5.8.13 Indistinct or Faded Bitemarks 61 5.8.14 Avulsive Bites 61 5.8.15 Healed Bitemarks 61 5.8.16 Postmortem Bitemarks 62 5.9 Individual Characteristics of the Human Bitemark 62 5.10 Dog Bites 62 5.11 Bitemarks in Other Substrates 64 References 64 54 Bitemark evidence: a color atlas and text, 2nd edition This form implies a type of mark, whereas “bitemark” connotes an entity unto itself and that is recognizable as such. It is considered to be a more progressive term, sig- nifying that odontologists have accumulated a sufficient body of knowledge to dignify the form. “Bite-mark” should be reserved for use as a compound adjective as in “bite-mark analysis” [1]. The point may be moot since all forms are acceptable, yet it is important to consider all terms when performing a computer literature search. (Editor’s note: For the purposes of this edition, the term “bitemark” has been adopted, excepting cited quotations and references where it is spelled differently.) 5.3 Evidentiary value The presence and recognition of a bitemark in a living or deceased individual or in a substrate at a crime scene is relevant in both civil and criminal cases. The mere pres- ence of an identifiable bitemark in a purported crime is significant even if the pattern fails to implicate a specific biter. In a case of disputed child abuse, where the injuries are arguably accidental, the presence of a bitemark sup- ports an accusation of abuse. In alleged sexual assault, when DNA evidence is apt to confirm the identity of the accused, the defense of consensual sex is less believable if bitemarks are found. Even a poor-quality bitemark, if recognized, can prompt trace evidence collection for salivary DNA and amylase. Many bitemarks do record the distinctive morpho- logic features of the biter’s dentition, offering an oppor- tunity to identify the biter based on metric and pattern analysis. The discovery of bitemarks, like fingerprints,offers hope of perpetrator identification, but there are important differences between the two. When latent fingerprints are discovered at a crime scene, this means only that a certain person touched something at an unspecified time. There is not necessarily a link to the crime. In contrast, the presence of a bitemark in skin indicates a violent interaction between individuals as well as a rough temporal connection to the event. 5.4 Demographics Bitemarks are seen in crimes of passion—homicide, rape or sexual assault, domestic violence (child, partner, elder abuse), and battery. The bitemark recipient may be the victim of a crime or the perpetrator of a crime—either as an aggressor or in self-defense. Rarely, self-biting has been reported in association with mental retardation, psychological disturbance, organic brain disease [13], severe pain [14], epileptic seizures, an attempt to frame another individual, or forcible insertion of an arm into the victim’s mouth during a fight to subdue the victim or prevent crying out [10,15]. An unusual one-arched bite- mark was reported in a woman who fell on her denture [16]. Other sources of human bitemarks include partly eaten food or chewing gum discarded during robber- ies, or teeth contacting inanimate objects during fights. Animal bites, particularly from dogs but also from other mammals, reptiles, and fish, are of forensic inter- est, including postmortem predation from field animals and insects. Bitemarks may appear on any skin surface [7,9,17], although they are found with greatest frequency on the breasts, arms, legs, and head. Females are bitten four times as often as males. In heterosexual assaults on women, breasts, arms and legs, face and neck, pubic area, and buttocks are frequent sites; in male homosex- ual attacks, the upper back, shoulders, axillae, penis, and scrotum are favored. Abused children are randomly bit- ten with frequent bites on the face and back [6,7]. Rawson et al. reported that 43% of bites on children occurred in the head and neck [18]. In Pretty and Sweet’s study, all male children had genital bites [19]. Meta-analysis of these multiple studies is not entirely accurate because they derived cases from different sources: hospital-based populations [18,20], coroner’s cases [9], and court cases [19]. Multiple bites are found in 40–48% of bitemark cases [19,20]. Pretty and Sweet caution that, when one bite is detected, others should be sought [19]. In dog maulings where multiple bites are sustained, the extremities are bitten and deep, perforating bites of the neck and avulsive bites of the scalp are common (Figure 5.1). Figure 5.1 Fatal neck perforation and avulsion of scalp in a dog mauling. the nature of Bitemarks 55 5.5 Pathology of the Cutaneous Bitemark Fingerprints, impressions, and patterned injuries all represent a transfer of a pattern from one medium to another. This is where the similarity ends. The visibil- ity of a fingerprint derives from deposits of sweat and dirt on the crests of the friction ridges that are passively transferred to a smooth surface. The deposit faithfully reproduces the anatomy of the ridge detail in much the manner of a rubber stamp imprint. An impression is a three-dimensional indentation occurring when a hard material displaces a softer material. It retains the depres- sion after the two materials are separated. A patterned injury such as a bitemark is made vis- ible not by a transfer of material and not often by inden- tations, but rather by a vital response of the bitten tissue. It may include the superficial scraping of epithelium by the contacting teeth (abrasion), the bleeding within skin by the pressure of the teeth (contusion), or the tearing of skin by teeth (laceration) that renders the bitemark visible. Bleeding or scraping of skin under assault is not obliged to conform precisely to the anatomy of the object that produced it. The bleeding can extend beyond the tooth marks. Conversely, bitten skin may not have been sufficiently damaged to react at all. The bitemark is not an imprint or impression, but rather a reactive response generated by injured skin that is invariably less precise than a direct recording. A myriad of other unpredictable and nonreproduc- ible variables further confound the patterns displayed in a bitemark. These include skin thickness, elasticity, curvature, texture, vascularity, pigmentation, underly- ing support, and position during biting. Also important are the age and gender of the victim and the presence of systemic diseases and medications. The dynamics of biting—force and direction—affect the resulting pat- tern, as do surface characteristics of contacting teeth. In spite of all these variables, it remains a maxim of forensic pathology that abrasions and contusions often reproduce the pattern of the offending agent. It is this observation that affords odontologists the opportunity to determine whether or not a specific dentition might have produced a given bitemark. 5.6 Anatomy of the Typical Cutaneous Human Bitemark The human dental formula is I2/2, C1/1, P2/2, M3/3— indicating two incisors, one cuspid, two premolars, and three molars in each upper and lower quadrant. The 16 maxillary and 16 mandibular teeth are arranged along parabolic arches. Typically, it is only the six anterior teeth in each arch (incisors and cuspids) that participate in a bitemark. Occasionally, first premolars and, rarely, molars mark. During biting, the jaws approximate one another, the biting (incisal) surfaces of the teeth contact skin with various degrees of force, and the skin reacts, registering a pattern that resembles a mirror image of the incisal signature. Our genetics determine the general characteris- tics that define the size, shape, and arrangement of our dentition. All humans are expected to share these basic dental characteristics, which are similarly reproduced in well-inflicted bitemarks. This enables the forensic inves- tigator to examine a patterned injury and, by virtue of these characteristics, identify it as a human bitemark. “Class characteristics” is a term borrowed from tool mark analysis [6]. It refers to morphologic features in a transfer pattern that are expected to be reproduced by any and all members of a certain class or set and serve to identify the set from which it was derived. Thus, a cer- tain pattern in a footprint or tread mark would enable the identification of the brand of sole or tire. For our purposes, class characteristics of the human dentition are features that, when seen in a patterned injury, allow its identification as a generic human bitemark. 5.7 Class Characteristics of the Human Cutaneous Bitemark The classic human bitemark in skin appears as a cir- cular or oval, ring-shaped or doughnut-shaped injury composed of two opposing U-shaped arches facing one another and separated from each other at their bases. Each arch features an alignment of individual contu- sions, abrasions, and/or lacerations that approximate the size, shape, and arrangement of human teeth. The incisors, located toward the center of each arch, record as a row of four linear or rectangular marks per arch. The cuspids (or canines) produce circular, triangular, or diamond-shaped marks toward the edges of the arches, with their size determined by their incisal surface area and depth of penetration of their conical cusps. If a pre- molar marks, it produces a cuspid like marking aligned with the arch and possibly a second mark a few milli- meters within the arch, representing the lingual cusp. Since the upper and lower arches have distinguish- ing features, class characteristics can be defined for the maxillary and mandibular dentitions. Upper central incisors are broad and can be expected to leave linear 56 Bitemark evidence: a color atlas and text, 2nd edition markings meas ur ing 8–9 mm. The narrower lateral inci- sors leavesimilar marks of 6–7 mm. Since lateral inci- sors do not typically reach the occlusal plane, these shorter teeth do not place as much pressure on skin and may leave less intense marks or no marks at all. The longer, pointed cuspids often leave well-defined marks. Their position at the corners of the arch marks the area where the arch curves most sharply. In the lower arch, the incisal widths of the central and lateral incisors are less disparate, meas ur ing ∼5.5 and 6.0 mm, respectively. If lower premolars mark, only the buccal cusps are likely to record since the lingual cusps are diminutive. The meas ure ments are based on the study of Moorrees et al. [21], which should be consulted for more precise values, standard deviations, and ranges. The upper arch is larger than the lower, and its inter- cuspid distance averages from 32.3 mm [22] to 33.6 mm [23] ± 2.5 mm for 1 standard deviation (SD). The range, based on nearly 400 cases, was 21.3–41.0 mm [22]. The mandibular intercuspid distance averages 25 mm [22,23] ± 1.85 mm for 1 SD and ranged from 11.6 to 33.0 mm [22]. Barsley and Lancaster obtained slightly higher mean intercuspid distances of 35.9 ± 3.3 mm (maxillary) and 28.1 ± 2.9 mm (mandibular) because they meas ured from the disto-occlusal aspects of worn canines rather than the cuspal midpoints [24]. They also found that 98.7% of all mandibular arches meas ured <35 mm and 78% meas ured <30 mm. For maxillary arches, 3.4% are less than 30 mm and 38.8% are less than 35 mm from cuspid to cuspid. The differences between male and female intercuspid dis- tance averaged 1.6 mm for the maxilla and 1.0 mm for the mandible, but there was considerable overlap. Racial and age differences over the age of 12 were also insignifi- cant [24]. Thus race, gender, and age cannot be predicted from an adult bitemark. The entire adult bitemark injury usually meas ures in width from 3.5 to 4.0 cm when a full complement of anterior teeth is involved. Its length, meas ured from upper to lower incisors, varies with degree of jaw opening and amount of skin gathered dur- ing the bite. The average maximal opening diameter is ∼42–45 mm but can exceed 70 mm. The amount of skin gathered will be less on flat, taut surfaces than on curved or pliable surfaces such as extremities, breasts, and buttocks. The dynamics of biting usually cause the mandibu- lar bitemark to appear more intense and more sharply defined than the maxillary. This has been attributed to the fact that the lower is the movable jaw or, as Sperber opined, that the skin contacting the upper teeth during biting is not squarely pressed against the incisal edges as in the lower, but rather along the broad slope of the lingual surfaces of the overlapping upper teeth [25]. The idealized bitemark is diagramed in Figure 5.2. The value of defining class characteristics for the human bite is twofold: First, it defines objective criteria upon which to distinguish the human bite from other patterned injuries; second, the data suggest that many bitemarks will be similar based on shared characteris- tics and that a “match” between a bitemark and suspect based on these nonspecific class characteristics does not necessarily “identify” the biter. A bitemark with a max- illary and mandibular intercuspid distance of 34 and 25 mm, respectively, 9.0-mm maxillary central incisors, 5.6-mm mandibular incisors, and aligned arches will accommodate a large percentage of human dentitions. Bites inflicted by children also bear class charac- teristics that define this subset. Compared to adult teeth, the deciduous dentition of children below the age of 6 years typically features smaller, rounded, bow- like arches; smaller teeth; and spacing between teeth. Upper central incisors, at an average mesiodistal width of 6.5 mm, are only slightly larger than lateral incisors at 5.3 mm. Lower incisors meas ure about 4–4.5 mm [21,26]. The mean maxillary intercuspid distance meas- ures 28–29 mm from ages 3–6 years, and the mean man- dibular intercuspid distance is ∼22.6 mm. This is about 4.4 and 2.5 mm smaller than the respective intercuspid distances of adults [23]. Reflecting these attributes, bitemarks from children are typically smaller than adult bitemarks (3–3.5 cm), with spaces between the teeth (Figure 5.3, left). Marks from the upper centrals are only slightly larger than other incisors. Children between the ages of 7 and 11 have a mixed dentition, which effaces the anterior spac- ing once the larger permanent incisors erupt. This causes the anterior segment to widen while the narrower poste- rior segments are relatively constricted lingually [26]. 3.5–4.0 cm Figure 5.2 Diagram of a prototypical human bitemark showing class characteristics. the nature of Bitemarks 57 5.8 variations of Bitemark Patterns Unfortunately, a well-inflicted, undistorted bitemark showing 12 or more teeth is uncommonly seen. There are variations in bitemark morphology due to additional injury patterns sustained during the dynamics of biting as well as degradations and deficiencies due to distortion or partial recording. 5.8.1 Central Contusion A central area of contusion or ecchymosis is frequently noted within the confines of the bite (Figure 5.3, right). In the past, this has been attributed to suction with or without the pressure of tongue thrusting, and its eti- ology has been ascribed to prolonged, sadistic, sexual biting activity. Today the pathogenesis for central contu- sion is attributed to the compression of tissue squeezed in between the upper and lower teeth causing rupture of capillaries. The mechanism was witnessed at the 1984 ABFO Bitemark Workshop when a set of models on an articulator compressed abdominal tissue of a volunteer, causing an instant and intense central bruise. There was no possible suction. The literature persists in calling these bruises “suck marks” [8] with the implication of a sexual motivation— an inappropriate deduction. Both mechanisms (positive and negative pressure) contribute to central contusions. The appearance of central contusion is not helpful in identifying a biter since it is nonpatterned and not made by teeth. However, it does help support that the lesion represents a bitemark. (Editor’s note: See Section 21.10.19 in Chapter 21.) 5.8.2 linear Abrasions and Contusions A series of linear abrasions or contusions is often found radiating at right angles to the arches external to the periphery of the bitemark. These represent the action of teeth scraping as they slip across skin during closing or as the victim attempts to pull free. These “drag marks” distort the anatomy of the teeth and are not welcome in terms of biter identification, but they do help corrobo- rate the nature of the injury as a bite (Figure 5.4). Figure 5.3 typical bitemark from a child showing small, spaced teeth (left). Bitemark showing central contusion with pale area from tongue thrusting (right). note continuous ring due to approximation of maxillary and mandibu- lar arches. Figure 5.4 Drag marks left by mandibular teeth scraping across face (left). three drag marks in a bitemark made by mandibular left teeth (right). 58 Bitemark evidence: a color atlas and text, 2nd edition 5.8.3 lingual markings Occasionally, short linear or gumdrop-shaped patterns appear centripetally, radiating inward from the arches. These represent the outlines of the lingual surface of teeth. Entire outlines of embrasures, gingival margins, and papil- lae can be reproduced. Harvey attributed these markings to tongue thrusting in which the tongue pressed the cap- tured skin against the teeth [9]. Noting that lingual mark- ings were more common on upper teeth, Sperber related their presence to pressing of skin by lower teeth against the lingual surfaces of overlapping upper teeth when bites were inflicted in a centric relationship [25]. Other potential factors contributing to lingual markingsinclude soft skin, thin skin supported by adi- pose, and labially inclined anterior teeth. The pressure of the lingual surfaces does not have to be great to reg- ister markings; some lingual markings may not repre- sent a wound at all but rather an area of sparing when central contusion follows a path of least resistance and flows into skin adjacent to the skin compressed by the cingula and marginal ridges of the incisors. The incisor imprints appear pale, outlined by thin, red tracts of con- tusion where relief was afforded by embrasures and gin- gival soft tissue (Figure 5.5). (Editor’s note: See Section 21.10.8 in Chapter 21.) 5.8.4 Tongue Thrusting The tongue can leave a pale area within a central contu- sion where its pressure against the skin either forced out or failed to admit the blood extravasated during central con- tusion formation (Figure 5.3, right). (Editor’s note: This phe- nomenon has been produced experimentally with mounted dental casts and is therefore not necessarily produced by tongue thrusting. See Section 21.10.19 in Chapter 21.) 5.8.5 Acute inflammatory reaction A bitemark may show the hallmarks of acute inflamma- tion within minutes of infliction. This includes the wheal and flare reaction, where redness and swelling predomi- nate. The bitemark appears diffusely erythematous and slightly raised. The ring appearance may be replaced by a solid red oval, obliterating arches and tooth marks. The acute reaction subsides within hours to a day, restoring the identifying class characteristics [15]. Such events are most common on children’s faces (Figure 5.6). 5.8.6 uninterrupted Arches Most bitemarks show a separation between the maxil- lary and mandibular arches, representing the unbitten skin that curves between two arches. If the skin is suf- ficiently thin and the bite force is intense, the upper and lower teeth at the posterior margin of the bite can nearly approximate, causing a continuous, uninterrupted ring of tooth marks representing both arches. Since similar patterns can be made by oval and round objects like rings, care must be exercised in designating an origin from such patterns. 5.8.7 Tooth indentations Actual depressions representing impressions of teeth in skin do occur at the moment of biting and do not require much force. Because of the elastic memory of skin and the swelling that might occur in the acute phase, these Figure 5.5 lingual markings formed when pressure from mandibular cingula prevented spread of central contusion (left). (From aBFo Bitemark workshop.) Five maxillary and five mandibular teeth recorded as lingual markings (right). the nature of Bitemarks 59 indentations usually smooth out within 20 minutes and are seldom available for evaluation (Figure 5.7). (Editor’s note: See Chapter 21 for many examples of this condition.) 5.8.8 Double Bite Literally a bitemark within a bitemark, this variant occurs when a mass of skin captured between teeth is grasped and the victim partly pulls free, followed by a reapplica- tion of biting force. The result is two concentric sets of arches with duplication of the bite pattern. Accompany- ing drag marks might be seen (Figure 5.8, left). (Editor’s note: This phenomenon has been produced experimentally with mounted dental casts and is therefore not necessar- ily produced by the victim pulling free. See Chapter 21 for many examples of double and superimposed bites.) 5.8.9 multiple and Superimposed Bites Two or more bites are found in 40–48% of bitemark cases [19,20]. Multiple bites made by the same biter allow the odontologist to search for reproducible patterns among the bites that can then be considered nonarti- factual stable characteristics (Figures 5.8, right, and 5.9). Superimposed bites, on the other hand, can confound bitemark analysis because they overlap and degrade detail (Figures 5.8, right, and 5.10, left). (Editor’s note: See Chapter 21 for many examples of this condition.) Figure 5.6 acute inflammation and swelling account for solid appearance of bitemarks photographed within hours of infliction (left). the same bitemarks as in the left-hand figure, photographed a day later when subsiding inflammation revealed the ring pattern of arches (right). Figure 5.7 temporary indentations of teeth in a bitemark photographed minutes after infliction. Figure 5.8 “Double bite” occurring as teeth slipped, fol- lowed by reapplication of force, creating concentric dupli- cation of pattern. Figure 5.9 (a) Multiple bites in a gunshot homicide vic- tim. Superimposed bites and two single bites are seen. 60 Bitemark evidence: a color atlas and text, 2nd edition 5.8.10 Weave Patterns Bitemarks through clothing can leave the weave pattern of the fabric embossed in contusion. Clothing can also dull or eliminate the detail of tooth marks and prevent saliva and DNA deposition, which must then be obtained from the garment (Figure 5.10, right). (Editor’s note: See Chapter 21 for many examples of this situation.) 5.8.11 Excessive Ecchymosis and Abrasion Excessive bleeding outside the confines of the bitemark can obscure pattern details and cause the bitemark to appear larger than normal. Secondary injury unrelated to biting, such as holding of the part being bitten, may account for some examples. Ostensibly, biting of previ- ously injured skin can cause peculiar patterns. Levine reported a case in which the biter inflicted abrasions in an attempt to obliterate the bite pattern [7]. Excessive bleeding is also encountered in those who bruise read- ily (females, elderly, children, thin skin, skin supported by adipose, and patients on steroids, on anticoagulants, or with coagulopathies or liver disease). Care is nec- essary to find the characteristic arch form and tooth marks so that the injury can be properly identified (Figure 5.11, left). 5.8.12 Partial Bitemarks If skin is not squarely bitten, only portions of the den- tition mark. Resulting variants include unilateral (one- sided) bitemarks (Figure 5.11, left) in which only the left or right side of both arches marks, one-arched bitemarks (Figure 5.12, left) showing only an upper or lower arch, or bitemarks showing only a few teeth (Figure 5.12, right). Unilateral bitemarks occur when the bite is skewed or the anatomy of the bitten tissue curves away from the teeth on one side. Bitemarks showing few teeth can be due to a poorly inflicted bite, superimposed clothing, highly curved skin contours, variations in underlying skin support within the bitten tissue, or missing teeth in the biter. Single-arched bitemarks are most likely to be dis- puted. Logic predicts that both arches are needed to produce the required pressure; however, bitemarks with one arch have been documented, despite the fact that the biter had a full dentition [7]. Interposed clothing or for- eign object, dull surfaces of teeth, variations in skin and Figure 5.9 (B,c) close-up of bitemarks seen in Figure 5.9a. Bitemark medial to axilla shows a suggestion of distinctive individual characteristics (B). Repetition and improvement in pattern seen in bitemark posterolateral to axilla (c). note severe labial crowding and rotation of number 27; overlapping of numbers 26, 25, and 24 (universal System), and drag marks of entire anterior maxillary arch. Figure 5.10 two superimposed bites converging at the nipple (left). linear arrangement of tiny contusions reflecting the weave pattern in the sweater in this bitemark through clothing (right). the nature of Bitemarks 61 skin support, or more rapid fading of one arch (usually the upper) can account for single-arched marks. Falling or lying upon a removable denture has produced a one- arched bite pattern [16]. 5.8.13 indistinct or Faded Bitemarks “Toothless” bitemarks frequently appear. The class char- acteristic of facing arches is present, but individual teeth are not seen. There may be a suggestion of scalloping, indicating a fusion ofindistinct tooth marks or merely a uniform contusion with little or no abrasion. Such bite- marks occur when the collective pressure of teeth within an arch leaves a continuous curved contusion. This is most often seen in soft, yielding skin (children, women) and skin cushioned by abundant adipose, which is very vascular and easily bruised. It also occurs as bitemarks heal. An otherwise well-defined bitemark can show fad- ing of the tooth marks before the background contu- sions (Figure 5.13). 5.8.14 Avulsive Bites Severe, vicious bitemarks can lacerate and avulse tis- sue to the point of loss of soft tissue. This results in gaping wounds that are not readily identifiable as bite- marks and rarely permit identification of a perpetrator. Avulsive bites, common in dog maulings, are infrequent in human bites. They are most apt to occur on project- ing anatomic areas such as nipples, noses, ears, fingers, genitals [9,15,27], or tongues (Figure 5.14, left). 5.8.15 Healed Bitemarks Any injury can heal with more, less, or the same amount of melanin as the surrounding skin. Increased melanin is known as postinflammatory pigmentation. Decreased melanin is seen in some scars. Both phenomena are more readily appreciated in dark-pigmented individu- als. These pigmentary changes may maintain the pattern of a bitemark for many months (Figure 5.14, right). Figure 5.11 excessive hemorrhage surrounding bitemark (left). partial bitemark created by left maxillary and mandibu- lar arch (right). (Both photos courtesy Dr. william Smock.) Figure 5.12 one arched bitemark (left). (From aBFo Bitemark workshop.) Bitemark showing only two maxillary and two mandibular incisors (right). 62 Bitemark evidence: a color atlas and text, 2nd edition Sometimes the pigmentary patterns are too subtle to be seen visibly and are present as latent injuries that can be imaged only by ultraviolet photography. 5.8.16 Postmortem Bitemarks Bitemarks created after death do not show the vital responses that facilitate visualization of the injury. Post- mortem abrasions lack the scab composed of serum, fibrin, and red blood cells formed in a living subject. They appear yellow, translucent, and parchmentlike [28]. It should be noted that a severe blow inflicted within a few hours of death might produce contusions [29]. (Editor’s note: I have produced 34 postmortem bites experimentally from 1 minute to several days after death and have never been able to create a postmortem contusion at the bite site. See Chapter 21 for many examples of this situation.) 5.9 individual Characteristics of the Human Bitemark An individual characteristic is a feature or pattern that represents a departure from an expected finding within a defined group. It represents an individual variation that serves to identify a particular member of the group. A tear or wear pattern in a tire or shoe sole that imprints in a tread mark or footprint is an example. For bitemarks, a tooth malposition or diastema can produce individual characteristics. Such characteristics are due to a com- bination of genetics and environment. When seen in bitemarks, individual characteristics allow the forensic dentist to eliminate, narrow down, or identify suspects depending on the bitemarks’ degree of distinctiveness. 5.10 Dog Bites Large dogs, most notably rottweilers, pit bulls, chows, German shepherds, and Doberman pinschers, account for most serious or fatal bites in the United States. Canine dentitions show considerable variations among breeds with regard to tooth and arch size and arch shape. Dogs such as collies and Doberman pinschers have long Figure 5.14 avulsed human bitemark in soft tissue above the eyelid (left). (courtesy of Dr. william Smock.) old healed bitemark showing postlesional pigmentation (right). (courtesy of Dr. Richard Souviron.) Figure 5.13 toothless bitemarks showing only arch form and size as class characteristics. the nature of Bitemarks 63 muzzles, while rottweilers, chows, and pit bulls have wider arches. Yet, in spite of variations, there are defining class characteristics that allow identification of a bitemark as a dog bite. The canine dental formula is I3/3, C1/1, P4/4, M2/3 (Figure 5.15, left). Each arch has six small incisors aligned in a gently curved arch. Following a space (larg- est in the maxilla), two long, pointed cuspids are posi- tioned at the corners of the arch; at this point the arch turns sharply posteriorly. Beyond the cuspids, there is a space followed by a small first premolar. The second, third, and fourth premolars are spaced and become increasingly larger. The first molar is the largest molar, followed by progressively smaller molars. Dogs and other carnivores possess tritubercular posterior teeth in which premolars and molars have three aligned cusps or tubercles forming a triangle [26]. Upper and lower cusps slide past and interlock with each other during biting, allowing these teeth to grasp and lacerate. The well-inflicted dog bite shows a long, narrow arch compared to a human bite. The small incisors may not produce markings, but if all six incisors of an arch mark, they serve to exclude a human bite. The long, fanglike cuspids produce prominent markings—often deep punctures or lacerations that may not conform to the intercuspid distance of the bites since dog canines flare occlusally (Figure 5.15, right). The bitemark turns sharply posteriorly to the cuspids, converges lingually, and then flares buccally. Premolars and molar mark- ings are common since the dog’s jaws can open widely (Figure 5.16, left). In a defensive or anger bite, a dog may snap and let go. In these bites, anterior tooth marks predominate and can show superficial similarity to a human bite. In a mauling or predatory bite, the dog will grasp a large segment of tissue using posterior teeth and, by pulling and shaking, cause drag marks and lacerations. If the grip loosens, the dog attempts to thrust its head forward to seize more tissue, thus creating double or superim- posed bites. Laceration and avulsions caused by large carnivores can be so sharply defined as to be mistaken for incisions. Accompanying long abrasions from claws Figure 5.15 occlusal views of the canine dentition. note constriction of arch posterior to the cuspid followed by flaring beginning in the premolar region (left). Flared mandibular cuspids fit into perforations in this dog bite. note concordance of incisor injuries to the arrangement and anatomy of incisor teeth (right). Figure 5.16 Dog bite showing constriction and flaring of mandibular arch including molar teeth (left). Dog claw marks across back of victim of dog mauling (right). 64 Bitemark evidence: a color atlas and text, 2nd edition may be seen in some cases (Figure 5.16, right). (Editor’s note: See Chapters 16 and 17.) 5.11 Bitemarks in other Substrates Food and other compressible objects record a bitemark in the same manner as impression material; accu- racy is determined by the substrate and its tendency to deform, dehydrate, or decompose following the bite. Foods like cheese, chewing gum, cake icing, and chocolate and other candy can produce useable three- dimensional impressions under favorable conditions (Figure 5.17, left). Fruits, vegetables, butter, and pre- served meats can also record identifiable bitemarks but with more opportunity for distortion. Tooth inden- tations have also been recorded in wood and plastic (Figure 5.17, right). references 1. American Board of Forensic Odontology. 1995. ABFO bitemark terminology guidelines. Seattle, WA: American Board of Forensic Odontology. 2. Sweet, D. J., R. Dorion, J. C. Dailey, A. F. Shernoff, J. H. W. Gelles, D. Spencer, and T. J. David. 1995. Bitemark evidence. In Manual of Forensic Odontology, 3rd ed., ed. C. M. Bowers and G. L. Bell, 148–190. Colorado Springs, CO: American Society of Forensic Odontology. 3. Sopher, I. M. 1976. Forensicdentistry, 125–152. Springfield, IL: Charles C Thomas. 4. Gladfelter, I. A. 1975. Dental evidence: A handbook for police, 31–47. Springfield, IL: Charles C Thomas. 5. Stimson, P. G., and C. A. Mertz. 1997. Bite mark tech- niques and terminology. In Forensic dentistry, ed. P. G. Stinson and C. A. Mertz, 137–159. Boca Raton, FL: CRC Press. 6. Levine, L. J. 1982. Bitemark evidence. In Outline of forensic dentistry, ed. J. A. Cottone and S. M. Standish, 112–127. Chicago, IL: Year Book Medical Publishers. 7. Levine, L. J. 1977. Bitemark evidence. In The dental clin- ics of North America—Symposium on forensic dentistry: Legal obligations and methods of identification for the practitioner, ed. S. M. Standish and P. G. Stimson, 145– 158. Philadelphia, PA: W. B. Saunders Company. 8. Clark, D. H. 1992. Practical forensic odontology, 128–205. Oxford, England: Wright. 9. Harvey, W. 1976. Dental identification and forensic odon- tology, 88–140. London: Henry Kimpton Publishers. 10. Luntz, L. L., and P. Luntz. 1973. Handbook for dental identification: Techniques in forensic dentistry, 148–162. Philadelphia, PA: J. B. Lippincott Company. 11. Gustafson, G. 1966. Forensic odontology. London: Staple Press. 12. Cameron, J. M., and B. G. Sims. 1974. Forensic dentistry, 129–145. Edinburgh: Churchill Livingstone. 13. Sobel, M. N., and J. A. Perper. 1985. Self-inflicted bite mark on the breast of a suicide victim. American Journal of Forensic Medicine and Pathology 6 (4): 336–339. 14. Warnick, A. J., L. Biedrzycki, and G. Russanow. 1987. Not all bite marks are associated with abuse, sexual activities or homicides: A case study of a self-inflicted bitemark. Journal of Forensic Sciences 32 (3): 788–792. 15. Whittaker, D. K., and D. G. MacDonald. 1989. A color atlas of forensic dentistry, 108. Ipswich, England: Wolfe Medical Publications Ltd. 16. Levine, L. J. 1971. Forensic odontology. International Microform Journal of Legal Medicine 1971; 6 (3, Card 5B4–13). 17. Vale, G. L. 1986. Bite mark evidence in the investigation of crime. California Dental Association Journal 14 (3): 36–42. 18. Rawson, R. D., A. Koot, C. Martin, J. Jackson, S. Novosel, A. Richardson, and T. Bender. 1984. Incidence of bite marks in a selected juvenile population: A preliminary report. Journal of Forensic Sciences 29 (1): 254–259. Figure 5.17 Bite pattern of mandibular anterior teeth deliberately recorded in chewing gum by a clever rape victim dur- ing her incarceration in the trunk of a car. the gum was left in the car to confirm her ordeal (left). tooth marks left in a hardwood church collection plate used to beat the face of a victim of traumatic death (right). the nature of Bitemarks 65 19. Pretty, I. A., and D. Sweet. 2000. Anatomical location of bitemarks and associated findings in 101 cases from the United States. Journal of Forensic Sciences 45 (4): 812–814. 20. Vale, G. L., and T. T. Noguchi. 1983. Anatomical distribu- tion of human bite marks in a series of 67 cases. Journal of Forensic Sciences 28 (1): 61–69. 21. Moorrees, C. F. A., D. Thomsen, E. Jensen, and P. K. Yen. 1957. Mesiodistal crown diameters of the deciduous and permanent teeth in individuals. Journal of Dental Research 36 (1): 39–47. 22. Rawson, R. D., R. K. Ommen, G. Kinard, J. Johnson, and A. Yfantis. 1984. Statistical evidence for the individuality of the human dentition. Journal of Forensic Sciences 29 (1): 245–253. 23. Moorrees, C. F. A. 1959. The dentition of the growing child: A longitudinal study of dental development between 3 and 18, 92–106, 203. Cambridge, MA: Harvard University Press. 24. Barsely, R. E., and D. M. Lancaster. 1987. Measurement of arch widths in a human population: Relation of antici- pated bite marks. Journal of Forensic Sciences 32 (4): 975–982. 25. Sperber, N. D. 1990. Lingual markings of anterior teeth as seen in bite marks. Journal of Forensic Sciences 35 (4): 838–844. 26. Ash, M. M., and S. J. Nelson. 2003. Wheeler’s dental anatomy, physiology and occlusion, 8th ed., 75, 101–102, 160, 168, 181, 188. Philadelphia, PA: W. B. Saunders Company. 27. Rawson, R. D. 1986. Child abuse identification. California Dental Association Journal 14 (3): 21–25. 28. DiMaio, D. J., and V. J. M. DiMaio. 2001. Forensic pathol- ogy, 2nd ed., 92–104. Boca Raton, FL: CRC Press. 29. Robertson, I., and R. A. Mansfield. 1957. Antemortem and postmortem bruises of the skin: Their differentia- tion. Journal of Forensic Medicine 4:2–10. 67 6 6.1 organizational Construction for initial Analysis Routinely, when called to examine a patterned injury, the odontologist follows a standard protocol, asking a series of increasingly specific questions: Is it a bitemark? Is it human or animal? Can it be ascribed to an adult or a child? Can upper and lower arch be discriminated for orientation purposes? Are there individual characteristics that help to profile the biter’s dentition? Are the bitemarks ante- or postmortem? The answer to each question is neither intuitive nor based on an educated guess, but rather derives from the fulfillment of criteria that can be explained, demon- strated, and justified. In a well-inflicted, characteristic bitemark, these determinations can be made. 6.2 Quality of the Bitemark Determining the quality of a bitemark is an exercise that is performed in the reconstructive phase, prior to a com- parison of suspect casts. The individual criteria used to determine quality are objective, yet an overall appraisal of quality is an algorithmic judgment based on these criteria. Many odontologists assign a quality rating to bite- marks. Since the standards for quality have not been formalized among odontologists, each investigator is apt to make subjective or objective assessments based on personal criteria. This has the potential for inconsistent determinations and miscommunications. If bitemark quality is defined as an assessment of value referenced to a criteria-based goal or standard, the exercise may be more meaningful. There are two quality assessments. The first simply allows a meas ure of confidence that the patterned injury is a bitemark and can be expressed as the ability of the pattern to reproduce the class character- istics of the human bite. The second meas ure is intended to communicate the anticipated evidentiary value of the bitemark in perpetrator identification. In this case, both class and individual characteristics must be evaluated. A bitemark deemed to be of exceptional quality would show the idealized class characteristics recorded in a distortion-free pattern. The incisal edges of individ- ual teeth would be outlined and distinct, unencumbered by drag marks, superimposed distractions, or inaccu- racies caused by skin elasticity. Each tier of specificity (identification as a bitemark, discrimination of animal vs. human, adult vs. child, and upper vs. lower arch) would be determinable. For the second meas ure of quality, more is needed. Individual characteristics would have to show sufficient quantity or deviation from the norm so as to constitute a distinctive or unique pattern. All things being equal, the greater the quantity of features in a bitemark, the more opportunity there is for higher biter discrimina- tion. However, the quantity of participating teeth is not as important as their degree of abnormality. Six well- aligned teeth in an arch will render a bitemark of less quality than one with fewer teeth if some are malposed. Similarly, since arch size and shape are relatively con- sistent among people, only clearly deviant arches would add quality to the bitemark. A bitemark is considered to be poor or marginal in qual- ity when the tooth marks are absent, uncertain, smudged, indistinct, faded, or distorted to the extent that incisal edge morphology is effaced. Partly inflicted tooth marks or sparse marks that fail to show a relationship between adjacent teeth alsodegrade the value of the bitemark. reconstructive Bitemark Analysis MaRk l. BeRnStein Contents 6.1 Organizational Construction for Initial Analysis 67 6.2 Quality of the Bitemark 67 6.3 Profiling the Biter 68 6.4 Maintaining Perspective 69 6.5 Summary 70 References 70 68 Bitemark evidence: a color atlas and text, 2nd edition Bitemarks showing features intermediate in value between these two extremes may be considered of good or fair quality. Thus, the discriminating value of any individual characteristics has to be weighed against the minimizing effect of any distortions or deficiencies. Well-inflicted bitemarks that are clear and distinct yet lack individual characterization may also be considered excellent in quality for assignment as a human bitemark, although conditional for assailant identification. Although odontologists rarely disagree on interpre- tations of exceptional or poor-quality bitemarks, judg- ing the value of good- or fair-quality bitemarks is more inconsistent. There are no guidelines to assist odontolo- gists in reliably constructing a precise hierarchy of bite- mark quality. ABFO bitemark terminology guidelines [1] specify only two terms: bitemark (indicating that teeth created the pattern) and suggestive (inconclusive, miss- ing or distorted tooth marks or arch configuration). The initial assessment of bitemark quality should serve only as a guide to approaching the case rather than a formal and final determination. Other investigations may impact this initial judgment. Transillumination of the bitemark; photographic studies in ultraviolet (UV), infrared (IR), or alternate light imaging (ALI); scanning electron microscopy; and computer enhancement are only a few of the tertiary techniques that may add infor- mation to elevate the quality of the bitemark. The find- ing of other bitemarks on the body enhances the value of each component bitemark because individual features can be cross-referenced among the bitemarks to deter- mine their stability and reliability (providing it can be determined that they were inflicted by the same person). 6.3 Profiling the Biter It is tempting to “read” a bitemark and make predic- tions about the teeth that produced it, but this can be a two-edged sword. Levine [2,3] urged against profiling, cautioning that bitemark patterns can “defy logic.” Bush et al. [4] and Dorion [4,5] warn that bitemark patterns can produce unexpected results. A space in a bitemark might merit a spurious comment such as “look for a per- son with a missing tooth or a space between teeth,” only to be discredited when the tooth is present in the biter. The reason for its not appearing could be that it was chipped, did not reach the occlusal plane, was blunted, was loose, was buffered by superimposed clothing, or that Langer’s lines contributed to the illusion of its absence. Skin factors such as folding during the bite and lack of bony support can account for a tooth not leaving a mark (Figure 6.1). Likewise, if individual teeth in a bitemark are not clearly identifiable or if maxillary and mandibu- lar arches cannot be discriminated with certainty, these “educated guesses” as to origin should not be communi- cated informally or in a report. Such speculation can be the odontologist’s albatross. Bush et al. [4] reported that 38% of experimentally produced bitemarks on cadavers showed distortions that did not conform to the biter’s dentition and might be incorrectly interpreted. About half of these related to arch size or curvature. On the other hand, a prediction that correctly iden- tifies an unusual characteristic in a suspect inspires confidence in the odontologist because it is objective and criteria based. This must be done with caution. For example, an experienced odontologist might reasonably predict a severely malposed incisor because of a repeti- tive arch irregularity seen in several well-inflicted, non- distorted bitemarks. It is better to make such predictions in a nonspecific fashion—for example, a prediction of an “anatomic abnormality expected in the biter’s upper cen- tral incisors” rather than “look for someone with shovel- shaped incisors.” Profiling a dentition is not an a priori fact and is not intended to initiate a search for a suspect in an open population. Rather, it should be used to check Figure 6.1 witnessed bitemark of a child showing apparent “missing” maxillary central incisors (left). the biter (right) has nonmobile central incisors that did not imprint because the skin was folded and clothed during the act of biting. Reconstructive Bitemark analysis 69 the odontologist’s veracity prior to his or her examina- tion of dental evidence on a viable suspect. 6.4 maintaining Perspective When an odontologist is asked to inspect a pattern in an injury or object, he or she will formulate an initial assessment by applying the criteria reviewed in this chapter. Some patterns will fulfill enough criteria to merit distinction as a bitemark or be suggestive of a bitemark. Others will simply fail to reach a threshold of characteristics that would allow a designation of bite- mark, let alone perpetrator identification. The odontolo- gist is advised not to dismiss such injuries automatically. Even bitemarks deemed to be of poor or marginal qual- ity have proven to be relevant. A poorly or partially reg- istered tooth-to-substrate mark might have saliva trace evidence sufficient for perpetrator identification. Similarly, identifiable bitemarks that lack individual characteristics should be given full attention and photo- graphic documentation. The manner in which the case unfolds might make such a bitemark critical evidence. As mentioned earlier, a nondescript bitemark helps sup- port the nature of some crimes even if it cannot implicate a particular perpetrator. A final determination of use- fulness of a bitemark must consider the comparison of suspects’ teeth. In some crimes, particularly child abuse cases, it might be shown that only a limited number of people had opportunity to bite [3]. A nondescript bite- mark in such a case could be used to rule out individuals if there are gross and unexplainable discrepancies or to implicate a suspect by exclusion of all others (Figures 6.2 and 6.3). Even an injury that mimics a bitemark should be fully documented and analyzed by a forensic odontolo- gist. If such a lesion is disregarded because it is attributed to some other cause, opposing attorneys could capitalize on such a mark by identifying it as a bitemark that does not match the dentition of the accused. In some cases, a biter’s dentition might be so aberrant that his or her bitemark is unrecognizable as such and is overlooked. Failure to document such an injury could be a missed opportunity to record a unique pattern that would have generated convincing assailant identification. As is evi- dent from these examples, the initial assessment of evi- dentiary value of a bitemark might have to be modified once the comparison is performed. Figure 6.2 this toothless bitemark is nondescript except for its relatively small, rounded arches. Figure 6.3 overlay of a suspect’s arch on bitemark in preceding figure shows nonspecific similarity (left). overlay of a second suspect’s arch on the bitemark shows incompatible arch size and form (right). three other suspects were similarly eliminated. the dentition in the preceding figure was identified as the biter by exclusion. 70 Bitemark evidence: a color atlas and text, 2nd edition 6.5 Summary Bitemarks are patterned injuries or impressions in substrates that can be relevant in the determination of the nature of crimes and the identification of per- petrators. The collective wisdom of odontologists gained over 35 years of judicious and organized study of bitemarks has provided objective criteria upon which to evaluate these patterns. The subject is com- plex, and fastidious techniques must be applied bothtechnically and analytically. Simple errors of analy- sis, such as confusing upper and lower arch or failing to remember that a bitemark is a mirror image of the dentition, can cause catastrophic miscalculations that place the fate of suspects, the legal system, the disci- pline of bitemark analysis, and the individual odon- tologist in peril. Because the odontologist can never anticipate the outcome of a given case, all patterned injuries or mark- ings of questioned dental origin should be treated as bitemarks and processed accordingly, whether or not the odontologist initially suspects etiology from teeth. This also applies to nondescript injuries in which a vic- tim claims to have been bitten. references 1. American Board of Forensic Odontology. ABFO bite- mark terminology guidelines. Seattle, WA: American Board of Forensic Odontology 1995. 2. Levine, L. J. 1982. Bitemark evidence. In Outline of foren- sic dentistry, ed. J. A. Cottone and S. M. Standish, 112– 127. Chicago: Year Book Medical Publishers. 3. Levine, L. J. 1977. Bitemark evidence. In The Dental Clinics of North America—Symposium on forensic den- tistry: Legal obligations and methods of identification for the practitioner, ed. S. M. Standish and P. G. Stimson, 145–158. Philadelphia, PA: W. B. Saunders Company. 4. Bush, M. A., H. I. Cooper, and R. B. J. Dorion. 2010. Inquiry into the scientific basis for bitemark profil- ing and arbitrary distortion compensation. Journal of Forensic Sciences 55:976–983. 5. Dorion, R. B. J. 2010. Bite mark profiling based upon color, UV, and ALI photographic interpretation. Proceedings of the 62nd annual meeting of the American Academy of Forensic Sciences, Feb. 22–27, 2010, Seattle, WA. Colorado Springs, CO: American Academy of Forensic Sciences. ivCollection of Bitemark Evidence a: noninvasive analyses 73 7PhotographyGReGoRy S. GolDen FRanklin D. wRiGht Contents 7.1 Introduction 74 7.2 Electromagnetic Spectrum: What It Means to Forensic Photography 74 7.2.1 Reflection 75 7.2.2 Absorption 75 7.2.3 Fluorescence 77 7.2.4 Diffusion 77 7.2.5 Summary 77 7.3 Conventional (Visible Light) Photography 77 7.4 Digital Photographic Systems 77 7.4.1 Professional, Pro-sumer, and Consumer Cameras 78 7.4.2 Lenses 79 7.4.3 Flash Accessories 80 7.4.4 Digital Video Cameras 80 7.5 Forensic Photographic Protocol 80 7.5.1 Photographic Scales 81 7.6 Visible Spectrum Imaging 81 7.6.1 Visible Imaging Technique 82 7.7 Digital Image Acquisition 82 7.7.1 Image Capture Sensors 83 7.7.2 Pixels and Color 83 7.7.3 Aspect Ratio 84 7.7.4 Resolution and Compression 84 7.7.5 ISO Equivalence 85 7.7.6 Lens Magnification 85 7.7.7 Storage Devices 86 7.7.8 Saving Digital Images 86 7.7.9 Digital Scanners 87 7.8 Considerations for Digital Photography in Order of Importance 87 7.8.1 Alternate Light Imaging 89 7.8.2 Digital ALI Technique for Bitemark Photography 91 7.9 Nonvisible Light Photography: Infrared Technique 94 7.9.1 Armamentarium for Digital Infrared Photography 95 7.9.2 Infrared Photography Technique 95 7.9.3 Focus Shift 96 7.10 Reflective Ultraviolet Digital Photography 96 7.10.1 Ultraviolet Digital Photography Armamentarium 97 7.10.2 Digital Ultraviolet Protocol 98 7.11 Application of Photographic Techniques Other Than for Bitemarks 98 References 102 74 Bitemark evidence: a color atlas and text, 2nd edition 7.1 introduction As the fundamental principles of forensic photography have sustained the test of time, digital imaging has ele- vated forensic photography into a completely new and profoundly different discipline. Changes and improve- ments occur on a regular basis. One needs simply to compare the first edition of this textbook to the cur- rent writing. Consequently, any treatise or chapter that addresses current levels of photo technology and imaging risks obsolescence by the time publication places it into the public domain. The technology of digital imaging is expanding that rapidly. What the authors hope to accomplish in this chap- ter on advanced digital photographic methods is to pro- vide the reader with the fundamental building blocks necessary to understand each method’s protocol, the variations among techniques, and their applications in bitemark documentation. The primary intent is to con- vey the information necessary to allow anyone with a basic comprehension of photography to document what happens biologically in injured tissue. A discussion of equipment requirements for each technique will be included as well as an explanation of why certain parts of the visible and nonvisible spec- trum produce images of the same bitemark that appear entirely differently from each other. The authors’ mutual goal is to assist the reader in ultimately becoming a bet- ter photographer, thereby improving his or her profi- ciency in capturing accurate photographic images of bitemark evidence. It is beyond the scope of this chapter to teach the basic fundamentals of photography. Many high-quality introductory photography textbooks have been writ- ten and are readily available at book and photography stores. This chapter takes information from the basics of photography and integrates it with the special techni- cal requirements associated with forensic photography. Unless otherwise specified, the scientific data and tech- niques described in this chapter apply to forensic bite- mark photography and skin injuries. 7.2 Electromagnetic Spectrum: What it means to Forensic Photography A significant portion of the electromagnetic spectrum extends from very short wavelength ultraviolet light in the 200-nm range through the visible light range of 400–700 nm into the infrared range of 700–900 nm (Figure 7.1). A nanometer (nm) is one billionth (10–9) of a meter. Since the human eye cannot capture light outside the visible range, special photographic techniques using ultraviolet and infrared light have been developed for this purpose [1]. With varying light wavelengths illuminating the photographed object, very different appearances of the object can be portrayed. This is especially relevant in documenting patterned injuries such as bitemarks, tool marks, stab and gunshot wounds, fingernail scrapes, etc. These techniques can facilitate recognition of damaged tissue from adjacent normal tissue. Ultimately, a more complete and comprehensive collection of photographic evidence is obtained (Figure 7.2). When full-spectrum light strikes skin, four resul- tant events occur: reflection, absorption, diffusion, and λ nm Epidermis Dermis Subcut. 300200 400 500 600 700 800 900 InfraredVisibleUltraviolet Figure 7.1 penetration of light into skin with different wavelengths of the electromagnetic spectrum. photography 75 fluorescence [2]. By changing the wavelength of the incident light, each of these four possible effects can be emphasized to reveal differing amounts of detail in the resultant images (Figures 7.2 and 7.3). 7.2.1 reflection Reflection of incident light occurs as a result of a por- tion of the total amount of light energy that bounces back from an illuminated surface and does not penetrate the surface. The complex properties of skin as well as the wavelength of incident light determine the amount of reflection. Light that is not reflected penetrates into the skin and becomes absorbed as it diffuses. Measurements of penetration of light into skin are calculated using Beer’s law (Figure 7.4). Skin surface detail is best captured using ultraviolet (UV) light [3]. When UV light hits skin, neither reflec- tion nor fluorescence can be seen with the unaided human eye. The fluorescent properties of light on skin are better captured using another technique: alternate light imaging (ALI), which is described later in this chapter. In surface skin disruption such as in a bite, the reflec- tive UV photograph highlights the differences between normal and damaged tissue (Figure 7.2, lower left and lower right). 7.2.2Absorption A portion of the incident light energy penetrates below the epidermis, particularly the longer wavelengths of light. Within the dermis, light absorption occurs. The Figure 7.2 color (upper left); black and white desaturated in photoshop (upper right); uv digital image. Fujifilm iS-pro, nikon quartz uv 105 lens, iSo 1600, F/4, 1/60 second, sRGB, nikon SB 140—full flash, Baader venus u filter (lower left); monochrome (uv) digital image desaturated in photoshop (lower right) photograph of a bitemark on the leg. (courtesy of the San Bernardino county Sheriff’s Dept.) 76 Bitemark evidence: a color atlas and text, 2nd edition Figure 7.3 Same bitemark as in Figure 7.2: color infrared digital image (upper left). Fujifilm iS-pro, nikon quartz uv 105 lens, iSo 200, f/25.4, 1/80 second, sRGB, #87 filter, synched flash; monochrome (iR) digital image desaturated in photoshop (upper right); color ali. canon eoS 10D, 50-mm canon lens, iSo 1600, F/3.5, 1/15 second, #15 tiffen filter, 450-nm Spex crimeScope® light source (lower left); monochrome alternate light digital image desaturated in photoshop (lower right). D ep th % transmission BEER’S LAW Measures the exponential decay of intensity as light travels through a media. I = Ioe–αx I = intensity measured in watts/cm2 Io = intensity at the surface E = 1/2.71828 (essentially 1/3, an exponential constant) A = absorption coefficient (how much light is absorbed per unit of media) X = distance into tissue the light travels Figure 7.4 explanation of Beer’s law. photography 77 physical elements in the dermis (neurovascular com- ponents, hair and sweat cells) and blood products associated with the bitemark injury are responsible for absorption. The longer the wavelength of light, the farther into the dermal layer it travels. If a bite has suf- ficient force to cause bleeding in the deeper skin lay- ers, the properties of the long-wavelength infrared (IR) light can be used. Infrared light penetrates up to 3 mm below the surface of the skin [4] and is highly absorbed by blood products associated with bruising. While not visible to the unaided human eye, IR light can assist in visualizing when bleeding has occurred well below the skin surface (Figure 7.3, upper left and upper right). 7.2.3 Fluorescence Light energy striking skin also creates an excitation at the molecular level. As the molecules return to a nor- mal energy state, they leave behind a faintly visible glow known as fluorescence. This phenomenon lasts for ~100 ns (10–8 s) [5]. Alternate light imaging is required for the eye to see fluorescence. This technique also accen- tuates differences between the injured and uninjured tissue (Figure 7.3, lower left and lower right). 7.2.4 Diffusion The final event that occurs as light contacts skin is called diffusion (also sometimes referred to as transmission). This event involves the scattering of light within tissue when skin is illuminated. Because light diffuses through skin, it is not recovered or seen in photographic images. 7.2.5 Summary In traditional color photography, visible light that strikes skin exhibits four phenomena: reflection, absorption, fluorescence, and diffusion. The combination of these phenomena characterizes what appears in the bitemark image. The dark areas associated to the bitemark rep- resent absorption; the light areas indicate reflection. Although fluorescence occurs, it is not observed in the image without using special techniques with filters and monochromatic light. The diffusion of light within skin is not recoverable and therefore is not a useful compo- nent of bitemark photographic images. The set of photographs in Figure 7.5 will supplement Figures 7.2 and 7.3 and help familiarize the reader with the different appearance of bitemarks when different photographic techniques are used. These images were all taken during the same photographic session. In some instances, even the best photographic efforts cannot improve the quality of a poor bitemark, regardless of the wavelength of light used, as witnessed by the four photographs of the same bitemark on the arm of a homicide victim in Figure 7.6. All photos were taken during the same session. 7.3 Conventional (visible light) Photography By far, the most common method of documenting bite- marks involves the use of conventional camera equip- ment manufactured for the visible light spectrum. Digital technology has virtually replaced film photography in forensic applications and is now routinely accepted by the courts. Both film-based and digital camera systems are optically designed to work within the visible light spectrum of electromagnetic radiation. Under normal conditions, creating a digital image is relatively simple, predictable, and affordable, and it has the added conve- nience of immediacy. The imaging potential of currently available digital cameras, lenses, flash units, and image capture devices is ever increasing. It is becoming easier to take very high- quality images using different combinations of camera equipment. Bitemark documentation requires that the resultant images accurately depict the bitemark pattern on skin. This requirement precludes the use of simple consumer-class cameras and inferior-quality optical sys- tems. However, it must be stated that if only a low- quality camera is available, such as a disposable camera, the requirement of photographing the bitemark cannot be disregarded. This may be the only opportunity to record the trauma. The authors suggest using a digital single lens reflex (DSLR) camera with close-up (macro) capability and excellent optical resolution. Following these recom- mendations will allow the photographer the opportunity to capture many images in a short period of time and potentially increase the amount of evidence recovered. 7.4 Digital Photographic Systems The camera is only one of several components of the entire digital photographic system. It is suggested that one first decide what type of images are going to be gath- ered, how they will be stored, how large of a print will be made from the image file, and which software will be used to transfer and/or adjust the images. Numerous manufacturers of digital components provide com- plete systems with technical support. The authors sug- gest the buyer contact a knowledgeable vendor that can guide their selection. 78 Bitemark evidence: a color atlas and text, 2nd edition 7.4.1 Professional, Pro-sumer, and Consumer Cameras The decision about which level of sophistication one needs in a digital camera depends upon some funda- mental ground rules that include price, features, and the quality of desired images. Digital cameras are very much like cars. There are high-priced stylish models, basic transportation models, and everything in between. Professional digital cameras used during commercial, entertainment, and sporting events are at the high end of the camera spectrum. Usually priced in thousands of dollars, they have highly sophisticated features designed for the professional photographer who knows how to use them. A professional-grade camera will perform virtu- ally any task required for digital image creation. The pro-sumer class of camera is one that has many of the professional’s features but is midpriced in the several hundred to low thousands dollar range. This is the predominant class of cameras seen in most forensic investigations. The light-gathering capability and ISO equivalence are usually slightly less than the profes- sional models but adequate enough for most crime scene documentation. The optics and autofocusing capability are of slightly lower quality and the file size (megapixels) of acquired images is usually lower. Even with these limitations, a vast number of accept- able midpriced digital cameras are available for various photographic applications and venues. The basic 35-mm format digital camera (DSLR) withelectronic through- the-lens (TTL) capability is the ideal camera for most forensic photographic situations. The image framed in the viewfinder is the same as the captured image. Many reasonably priced high-quality digital cameras work with fixed or interchangeable lenses. There are also digi- tal cameras with fixed “zoom” lenses that capture images in macro, portrait, and telephoto distances. The consumer-class camera is designed for the less- knowledgeable photographer who intends to use the cam- era for more casual photographic images such as family photos, vacations, etc. There are more models of this class of Figure 7.5 color photograph of a bitemark on the shoulder on the day of the homicide. Fujipro S3 uv-iR camera, auto setting, synched nikon SB-140 flash, nikon nikkor uv 105 lens, Baader visible light band pass filter (upper left); black and white (upper right); uv photograph (lower left), Fujipro S3 uv-iR camera, iSo 100, f/5.6, nikon SB140 synched flash at uv setting, Baader venus uv band pass filter, 1/60 second; ali photograph desaturated in adobe photoshop (lower right), Fujipro S3 uv-iR camera, iSo 400, f/22, Rc forensics blue/uvleD at blue setting, 1/2 second, kodak 15 gel yellow band pass filter. photography 79 camera than the two previous classes combined due to high public demand and low retail cost. Most of the less expen- sive 35-mm format cameras (so-called “point and shoot”) are capable of taking good-quality photographs but have a non-TTL viewfinder. Many recent models circumvent the problem with a preview feature shown in an liquid crystal display (LCD) located on the back of the camera body. The lack of TTL may sometimes introduce a parallax problem when framing the image to photograph. This problem may not manifest itself until prints are in hand. Parallax prob- lems and poor optical properties of plastic lenses are inher- ent to disposable cameras. The authors do not recommend this type of camera for bitemark documentation. However, it is not a bad idea to have a low-end digital camera avail- able as a backup if everything else fails. An image acquired from a pocket camera is better than no image at all. 7.4.2 lenses The camera lens transmits light through a series of ground and polished glass elements and focuses it onto electronic sensors to create the image. As a general rule, the higher the quality of the lens, the more precise and sharp the image will be. Glass lenses work better than plastic ones. Compound multiple element lenses are best for highly detailed and sharply focused photographs. Lenses range in quality and cost; typically, the higher the cost is, the better the quality will be. If the camera uses interchangeable lenses, consider a lens that has both zoom capability and a calibrated macrosetting for close- up photographs. Utilizing a zoom lens permits the acqui- sition of subject orientation and close-up photographs with the same lens. Focal lengths may range anywhere from 1 in. to infinity. Additionally, they often have a special chemical (fluorite) coating that blocks all UV and IR light. The photographer will need to experiment with the lens to know its capabilities prior to case use. As a rule, digital cameras with fixed “zoom” lenses are better time-savers in forensic fieldwork than cameras that require several lenses to document crime scenes. Figure 7.6 color photograph of poor-quality bitemark on an arm (upper left), nikon n6000 camera, auto setting, nikon nikkor uv105 lens, nikon SB140 synched flash, Fuji color 100 iSo film; black-and-white photograph (upper right), nikon n6000 camera, auto setting, nikon nikkor uv105 lens, nikon SB140 synched flash, kodak tMaX 100 iSo film; uv photograph (lower left), nikon n6000 camera, f/5.6, 1/60 second, iSo 100 nikon nikkor uv105 lens, nikon SB140 syn- ched flash, kodak plus X 125 iSo film, kodak wratten 18a uv band pass filter; iR photograph (lower right), nikon n6000 camera, iSo 50, f/22; 1/60 second, nikon nikkor uv105 lens, nikon SB140 synched flash, kodak high-speed infrared film, kodak wratten 18a uv band pass filter. 80 Bitemark evidence: a color atlas and text, 2nd edition 7.4.3 Flash Accessories The light required to expose an image properly can be supplemented with the use of a flash. When properly connected to the camera body and synchronized, the flash unit will strobe simultaneously during exposure to add sufficient light to create the optimal image. For mac- rophotography, adjustable flash units or nonadjustable flashes with a guide number of 35–40 provide adequate light. Too much light leads to overexposure; too little light leads to underexposure. Since all cameras and flash units are not the same, the photographer should experiment with exposure settings and flash for the best results. Many commercially available DSLR cameras have built-in software-controlled flash units; others lack user controls, and still others are fully program- mable. Automatic fill flash provides light when condi- tions require it. User override of the fill flash feature is frequently required in macrophotography. Other disadvantages of built-in flash units are their limited capacity for under- or overexposure and nondetach- ability. The ability to change both exposure setting and flash angle is a desirable property in photograph- ing three-dimensional bitemarks. This specialized flash-driven technique is not available with a fixed flash (permanently attached camera-controlled flash) (Figure 7.7, left). Using a detachable flash, the photographer has the ability not only to control the flash output manually, but also to move the flash position to angles other than perpendicular (Figure 7.7, right). Too much light from a perpendicular angle may cause a “flash burnout” in which the reflection of direct light from the flash floods the injury and no detail is recorded in the image. This becomes more of a problem when the flash is fixed on the camera by the manufacturer and metered by the camera. The type and intensity of the light emitted by the flash as well as the direction from which the light strikes the bitemark will have a definite impact on the appearance of the injury. It is recommended that a detachable flash unit be used in bitemark photography to provide the photographer maximum versatility. Varying the angle of incident light can make the same bitemark appear totally different (Figure 7.8). 7.4.4 Digital video Cameras Real-time digital imaging began with the invention of slaved video cameras connected to a computer. Histori- cally, these cameras were large, boxy, heavy equipment with very poor optical resolution. Although they were quite ungainly, much research has been done in the area of reflective UV photography with mounted video cams (Hamamatsu Photonics, K. K., Hamamatsu City, Japan). In early tests, the images were recorded at a low- resolution, low frame-per-second rate and visualized on the computer monitor. Thankfully, technological advances in digital cam- corders have developed at an equal pace with digital still cameras. Today’s manufacturers often incorporate a tiny video camera lens embedded into the frame of the lap- top computer or a cellular phone that will capture video files with excellent resolution and write it to memory at a surprisingly fast rate. Many 35-mm pro-sumer DSLR digital cameras also have a camcorder or video feature. From a forensic standpoint, video photography is valu- able in numerous applications, including areas such as bitemark injury orientation, documentation, and crime scene and accident reconstruction. 7.5 Forensic Photographic Protocol To incorporate aspects of the electromagnetic spectrum and the associated photographic techniques used to cap- ture the images, it is necessary to develop a forensic pho- tographic protocol, sometimes referred to as standard Figure 7.7 camera-based flash system (left). Detachable flash system (right). photography81 technique. A typical standard technique for forensic photography would include wide-view color images of the body that act to orient and document the precise locations of the injuries, followed by macro (close-up) images, in color and black and white, taken with and without a photographic scale of all injuries. After cap- turing the visible light images, special photographic technique images, including UV, IR, and ALI, are taken. If the digital camera has a video setting, digital video can be incorporated in the orientation to close-up bitemark evidence preservation. This sequence of image capture is followed for each injury photographed. The standard technique requires that all recorded images be reviewed to verify correct camera position, clarity, focus, lighting, and any other detail involved in capturing sharply focused and detailed images. Any images deemed to be below an acceptable quality are retaken. Finally, after it is determined that all images are of acceptable quality, the number of images taken for each photographic technique (visible-light color, black and white, UV, IR, ALI) is individually recorded on the photographer’s case management log as a historical record of the entire photographic case. The latter is also referred to as logging, a standard operating procedure (SOP) discussed in an upcoming chapter. Photography is the most common of the noninva- sive techniques and may be the only opportunity for the investigator to document the injury. The use of the photographic scale is critical because it provides a vis- ible reference showing the dimensional size of the bite- mark. Without the scale, life-size enlargements cannot be accurately reproduced. Great care should be taken to avoid placing the scale so that is obstructs any part of the injury. It is for that precise reason that the standard technique requires taking images with and without a scale, ensuring that the scale is not used to obstruct any part of the injury. 7.5.1 Photographic Scales Numerous types of photographic scales are used for forensic photography. The ABFO no. 2 scale designed by Hyzer and Krauss is strongly recommended for bite- mark photography. This multifunctional scale helps with both dimensional accuracy and grayscale color ref- erences. The right-angled shape provides a reference for meas ur ing (correcting) photographic distortion of the scale in two planes. It is important to understand that applying digital correction of the ABFO no. 2 scale in two planes may further distort the bitemark image, so great care must be exercised before rendering a digital correction of per- ceived photographic distortion in an image. If an ABFO no. 2 scale is unavailable, reference objects such as rulers, coins, or paper clips can also be used. Any object used in the images as a size reference, other than an ABFO no. 2 scale, should be kept as evidence and maintained in the case’s chain of evidence. 7.6 visible Spectrum imaging The most common images taken in bitemark cases are visible-light color and black and white. These images accurately capture the details of the bitemark as it was seen with the unaided eye. The resultant image appears exactly the same as it did in real life and will be the single best source of preserving the bitemark Figure 7.8 taken with a light source at perpendicular angle to the bitemark (left); note incisal edge detail. with a low- angle light source (right); note pinched tissue at tooth embrasures. 82 Bitemark evidence: a color atlas and text, 2nd edition historically. Evidentiary preservation using photographs is readily accepted as an accurate and reliable depiction of the details of the bitemark in the legal system. As was previously discussed, most readily available medium- to high-quality off-the-shelf digital cameras can easily provide sufficient image quality to be used routinely in color digital bitemark photography. The best digital cameras, which are more expensive, allow many of the more desirable features of interchangeable lenses, removable independent flash units, and more precise manual camera settings and will render better image variety and quality. However, for the average bitemark photographer, the increased costs may not be justified if proper image capture techniques are used. Following the standard technique for image acquisi- tion, color orientation images are taken of the bitemarks followed by macroimages taken in color and black and white (if the digital camera offers a black-and-white image capture setting), with and without the photo- graphic scale in place. Again, the scale should not cover any part of the bitemark injury. It is not usually neces- sary to use a tripod when visible light images are cap- tured, assuming the environment where the images are created has sufficient ambient light available to meet the requirements of the camera. It may seem redundant to require taking both color and black-and-white visible-light images. But there are definite differences in how a bitemark appears when viewed in color versus black and white. Because the retina has more rods (which differentiate black and white) than cones (which differentiate color), removing the color can at times enhance minute details within the bitemark. The color images create a rendering of the bitemark in its most graphic appearance. Humans see in vivid color, so creating a color image of the bitemark preserves the injury as it was seen. However, the minute details of the bitemark are best seen in black and white. A native black-and-white image created by the camera’s microchip is finest since it uses the camera’s programming algorithm to process the image. If the digital camera does not allow native black-and-white image creation, color images can be desaturated by edit- ing software such as Adobe® Photoshop®. It is impor- tant to realize that, although it is acceptable to create a monochromatic black-and-white image from a color image, this is a manipulation of the color image data file. Therefore, it is best to capture the image with a camera setting for black and white. 7.6.1 visible imaging Technique Although it is not recommended, many bitemark cases may have traditional visible-light photography only. Realistically, even forensic photographers may not have access to or expertise in specialized techniques such as ALI or nonvisible light. This places an additional burden on the photographer and technique to do it right the first time. There is no maximum number of images that should be created. One should take as many as is necessary and as circumstances dictate for that particular case. Evidence collection in the living and deceased using visible-light digital photography begins with orientation photographs that demonstrate the location of the injury or injuries. Typically, only color images are created for the orientation views of the bitemarks. Sequential images of the bitemark, with and without the scale, are followed by macrophotography, which requires the use of a macro- lens and/or a macrosetting on the digital camera with a synchronized detachable flash. If the bitemark has three- dimensional characteristics, additional macro images are produced with a flash detached from the camera body and positioned at various angles to highlight detail. Using a detached flash unit may require that the camera be mounted on a tripod. All images should be reviewed when they are created and retaken if they are unaccept- able. It might be important to execute serial images at different intervals to observe changes in the bitemarks, whether the bitemark recipient is alive or dead. Proper lens, scale, and bitemark orientation are imperative to capture bitemark images accurately. The injury, the lens, and the scale all need to be parallel to one another, according to Krauss [6]. Accomplishing each of these requirements ensures accurate capture of size and orientationof the bitemark. Lack of parallelism will create photographic distortion and complicate bite- mark assessment. There are digital techniques for the correction of distortion, but proper parallel orientation of scale, lens, and bitemark minimizes this concern. 7.7 Digital image Acquisition The explosion in digital imaging has led to significant enhancements in image capture and quality and elimi- nates chemical processing. Manufacturers continue to refine the camera with improved and more sensi- tive photodiodes, more precise sensors with a greater number of pixels, and better processing algorithms, thus providing an increase in the density of the digital image. Depending upon which of these characteristics the manufacturer includes in the camera, the cost and utility of these features can impact the overall quality of the bitemark images. It is suggested that the photographer spend time learning the current state of digital imaging, the associ- ated costs of the latest enhancements and features, and photography 83 the versatility of a given camera system for such things as macrophotography, low-light image handling, the inclu- sion of detachable flash units, interchangeable lenses, the properties of the image capture sensors, image creation and quality, the density of the pixels after image capture, and the properties of how the lens, flash, and image cap- ture sensor work to create the image. Usually, as price increases, so do the more desirable camera features. 7.7.1 image Capture Sensors The two main digital image sensors used today are the charged coupled device (CCD) and complementary metal oxide semiconductor (CMOS) (Figure 7.9). These electronic components were invented in the late 1960s and early 1970s. CCD sensors are made of silicon and are quite expensive to produce. Their size and quality have a direct effect on the price of the camera. These devices are located behind the lens, where the light energy is captured, processed, and transferred to the image stor- age media in the camera. Image capture devices are composed of arrays of tiny photodiodes that record light energy and then send it to a voltage converter as an analog signal. The software drives the image sensor’s algorithm and thereby converts the electronic data to a digital image. How that process occurs is vastly different in CCD sensors and CMOS sensors. CCD sensors capture the light with the filtered pho- todiodes and process it “into electronic signals at output nodes where … it is converted to voltage, buffered and sent off-chip as an analog signal. All of the pixels can be devoted to light capture and the output’s uniformity (a key factor in image quality) is high” [7]. Because all the energy of the photodiodes on the CCD chip is dedicated to image capture, CCD image quality is more uniform (better) than CMOS. One trade-off is that CCD image processing takes more energy to create the image than does CMOS; this slows the image capture, in images per second, when compared to CMOS. This difference in burst rate can be a problem when multiple images are made in a continuous image capture mode. Some modified cameras use three separate CCDs— one each for red, blue, and green light—to capture the light energy that composes the image. “Light coming into the camera lens is split by a trichroic prism assembly, which directs the appropriate wavelength ranges of light to their respective CCDs” [8]. Because these cameras use a separate CCD for each of the red, blue, and green lights, there is no Bayer filter, and they achieve much better precision than single CCD cameras [8]. These cameras are referred to as three-CCD or 3CCD cameras and are more expensive than single-CCD cameras. CMOS sensors capture light in the same manner as CCD sensors but with one major difference. Each pixel on the CMOS chip “has its own charge-to-voltage con- version, and the sensor often also includes amplifiers, noise correction, and digitization circuits, so that the chip outputs digital bits. … With each pixel doing its own conversion, uniformity is lower” when all the pixels are assembled to create the image. However, when com- pared to CCD images, CMOS image quality is not as good. Generally, CMOS-based cameras use less energy and are less expensive than comparable CCD cameras. The image quality difference means that most camera manufacturers make CCD-based cameras, although the CMOS cameras are closing the gap. 7.7.2 Pixels and Color Image capture sensors in digital cameras are the equiva- lent to old photographic film, but that is where the com- parison to film ends. Digital imaging has greater latitude in image creation, virtually no wasted time waiting for film processing, no cost, and immediate image viewing. The silver halide emulsions on photographic film cap- tured the light energy after exposure. Then the film had to be rolled back into the canister, processed, and the subsequent printed images created before the results could be seen. Problems anywhere along this process required another photographic shoot, loss of time, and no guarantee of better results. In contrast with photographic film, digital capture elements (sensors) are produced in varying sizes. The size of the sensor dictates the cost of the camera, color accuracy, speed (ISO equivalence), light-gathering capa- bility, zoom factor of the lens, and the magnification of the image. Sensors have microfilters that interpolate a monochrome image (256 levels of gray) into an accurate Figure 7.9 capture elements. (courtesy of kodak.) 84 Bitemark evidence: a color atlas and text, 2nd edition color image. These microfilters make up the basic com- ponents in a sensor and are referred to as “pixels.” Digital images are created using tiny building blocks of arranged and color-filtered photodiodes (pixels). In its simplest form, think of a pixel as a grain of emulsion on a strip of film. Pixels can interpolate the color several ways, depending on the manufacturing pro- cess. The two most common are red–green–blue (RGB) and cyan–yellow–magenta (CYM). Still others capture YC (chrominance and luminance) values indirectly from the sensor. A typical RGB sensor (Figure 7.10, left) has several thousand clusters of four-element pixels per each color cell. The more pixels per image, the greater the versatility of the image to be enlarged or otherwise enhanced without losing critical image detail. In image sensors, the light energy is captured by the photodiodes through a color filter array called a Bayer filter. This filter was invented by Bryce E. Bayer of Eastman Kodak and is arranged so that each square grid of photodiodes (pixels) is composed of two green, one red, and one blue filter elements. The predominant light energy detected by each square grid (red, green, or blue) is passed along the image creation processing pathway that, when combined with all the other pixels’ dominant color detection and algorithmic interpolation, creates the image. Bayer used twice as many green elements as red or blue to mimic the human eye’s greater resolving power with green light [9]. Typical Bayer filter pixels only capture about one-third of the color information for each pixel, with the other two-thirds of the color interpolated by the camera’s image processing algorithm. Recent advancements by Kodak and others in the Bayer filter model include the addition of white or transparent filters with the green, red, and blue filters that change the basic Bayer filter of a square-gridded four-element filter to larger six- or more gridded filters (Figure 7.10, right). These modified filters increase the sensitivity of the image sensor by creating a sensor sen- sitive to all wavelengths of light (white light) and collect a larger amount of the light striking the sensor [9]. There is an inherent problem with this type of filter- ing system, particularly when the frequency of informa- tionis greater than the frequency of the filter groups, leading to an effect called “aliasing.” Aliasing can appear as a white area in a particularly detailed area of the image, surrounded by red-, green-, and blue- colored pixels. Two methods for correcting aliasing include optical correction, usually by using quartz filters on the CCD, and software correction. The use of the quartz fil- ter can directly and significantly affect the cost of the imaging system. 7.7.3 Aspect ratio Most still cameras create images with aspect ratios (width by height) of 4:3, 3:2, or, more recently, even 16:9, which previously had been available only on high-end profes- sional cameras. Printing enlarged images will become sized in multiples of the same aspect ratio as a 3:2 sensor: 6 × 4, 12 × 8, 24 × 16, etc. This feature can become prob- lematic if a printed presentation is going to be formatted in traditional film dimensions. For example, a typical film enlargement can be printed as 8 × 10 in. without peripheral loss. A digital camera will create a file whose aspect ratio prefers enlargement to 8 × 12-in. size, but it may get printed as 8 × 10 in. during commercial enlarge- ment. Hopefully, any crucial information contained in the image is not located at the edge that will be cropped during the enlargement and printing process. 7.7.4 resolution and Compression Digital cameras are able to save files (images) in sev- eral formats. Some images are saved with compres- sion, a method that squeezes the data into a smaller file. Resolution represents the quality of an image printed at a specific size. Both resolution and compression are impor- tant components of the image and will determine to what size it can be enlarged. It is possible to determine from the size of the print what file size and resolution are needed for the saved image by using the mathematical equation: height (in.) × width (in.) × pixels/inch × 1,000 file size (megabytes). For example, at 300 pixels per inch, an 8 in. × 10 in. × 300 pixels/inch image yields a file of 24,000 bytes or 24 megabytes (MB). One may also derive the file size by the actual pixels. This is usually a ratio of 1:3. For example, an RGB.tif file with no compression and a raw image of 1.2 million pixels will result in a 3.6-MB file. These terms must be Conventional Red Green Blue “Bayer Pattern” Sensor Array New Kodak High Sensitivity Sensor Array with Panchromatic “Clear” Sensors in the grid. Figure 7.10 typical array of RGB pixels (left). (courtesy of linear Systems inc.) Super ccD (right). (courtesy of kodak.) photography 85 understood before an intelligent choice can be made on fulfilling the photographer’s needs if the digital image needs to be printed. 7.7.5 iSo Equivalence The ISO setting on a digital camera is nothing more than an emulation of film properties. Digital cameras have an advantage in that some can shoot images at incredibly high ISO equivalence settings. For example, a digital cam- era that has the capacity to capture an image at 6400 ISO can be set to shoot one stop faster than film rated at the same ISO, thereby increasing the digital ISO to 12,800. Moreover, some digital cameras have the capability to pull or push the images up to two additional full stops, resulting in a virtual ISO of 50,000. These images can be either monochrome or color. The greater the ISO is, the more “dark current noise” is introduced into the image (Figure 7.11). This is equivalent to an increased graini- ness associated with high-ISO-rated traditional film. Some cameras can eliminate dark current noise by the application of a filter inside the camera. Other cameras eliminate the noise by applying a filter inside the software. Even more sophisticated, some cameras eliminate the noise by acquiring two separate images during the exposure (one with the shutter closed) [10]. Employing the application of a noise subtraction algo- rithm, the software eliminates the dark current noise. As with film-based photography, the higher the ISO setting is, the less light it will take to capture the image. Conversely, the lower the ISO setting is, the more light will be required to capture the image accurately. It will take some experimentation with any given digital camera to fine-tune the ISO setting for the amount of ambient light available for image capture. With digital cameras, correcting for under- or overexposure is sim- ple: Change the camera setting and immediately retake the photo. 7.7.6 lens magnification If the sensor size is physically smaller than the actual film size for which the camera body was designed (i.e., traditional 35-mm-film-based cameras), this decreased size will magnify the image from the lens (Figure 7.12). The 35-mm camera frame is 36 mm × 24 mm. Typical digital camera sensors meas ure 4.8 mm × 3.6 mm (small sensor) to 6.4 mm × 4.8 mm (medium sensor) to 8.8 mm × 6.6 mm (larger sensor), yielding equivalent image cap- ture areas from approximately 8:1 for the small sensor to 4:1 for the large sensor. The chip set in the sensor will interpolate the captured image to yield the equivalent 35-mm base image size. Magnification in sensors with a given lens is typically a factor of 1.2:1 or 1.7:1. To under- stand the effect of magnification on image, a 50-mm lens gives a magnification 1.5:1. The image equivalent will be of a 75-mm lens. Similarly, a 100-mm lens will give an equivalent digital image of a 150-mm lens. This presents an advantage during long-range surveillance and close-up photography since there is no loss of light in magnification. Figure 7.11 increasing iSo increases current noise. (courtesy of kodak.) 86 Bitemark evidence: a color atlas and text, 2nd edition 7.7.7 Storage Devices The initial digital image storage occurs at the camera level or, via Bluetooth or other wireless technologies, directly from the camera to a connected computer. From there, the images can be viewed and either stored or deleted. At the camera level, removable memory storage cards will record the images as they are created. Most digital cam- eras have small, built-in LCD screens so that the images can be immediately viewed for acceptability. Typical intracamera body storage cards range from larger-sized CF removable storage cards to the more popular smaller SD cards to the micro-SD cards and range in storage size from 256 k to more than 10 gigabytes. Often, the photographer will carry extra removable storage cards that can easily be exchanged—a full card for a fresh, blank, formatted card—making it possible to collect a nearly infinite number of images for only the cost of the memory cards. Once the images have been uploaded or imported into the computer, storage, authentication, and viewing of the images can occur. At this point, depending on the intended use of the images, storage can go in several dif- ferent directions, including long-term physical storage. Increasingly, larger digital storage media have accom- panied the move to digital photography. A collection of several hundred 10-megapixel images can easily reach multiple gigabyte quantities for a given case. For this reason, there has been significant improvement in storing digital image files. Whereas in the past, burn- ing images to a CD or DVD was convenient, today’s larger image sizes have rendered CD and DVD storage obsolete. Removable and portable USB drives of up to 64 gigabytes, external hard drives with 500 gig capac- ity, or storage to multiterabyte hard drives is now used for storing digital images. These devices can easily be backed up for protection and security purposes. In addi- tion, their portability makes them very user friendly, not only for file storage but also for moving them to and from authorized users. The future of digital image storage will likely rest on the use of additional secure online storage sites, such as those currently offered by proprietors such as Google®or Dell®, potentially allowing access to the images from any- where in the world where an authorized user would have Internet access. For a fee, these secure sites will allow sig- nificantly large-volume storage that protects against the catastrophic loss of images in a hardware crash or mal- ware virus contamination. Having both local and online secure storage provides the best of both worlds. For jurisdictions completely immersed in the digital imaging world, local area networks (LANs), synched with huge data servers and hardware storage through such systems as RAID, arrayed multiple hard drives tiered servers to huge multiterabyte (or more) “data farms,” will be used for image collection, storage, and preservation. These storage tech nologies are supported by redundant, frequent data backup to protect against the loss of the digital images. 7.7.8 Saving Digital images A RAW file is an image saved directly from the camera’s imaging sensor and contains the most information of all file types; it is the largest of all files sizes for digital images. Usually, it is a secure file format that prohibits modification in imaging software applications. The RAW file also offers the ability of postexposure compensation and color correction, usually using an image editing/ enhancement digital software program such as Adobe Photoshop. A JPEG file is one that has been compressed from the RAW data into a smaller size for storage maxi- mization and saved with a JPG file extension. JPG files are not secure and the user cannot change the values for exposure or color from the RAW data via image editing. Most quality digital still cameras produce either a RAW or JPG file; some produce both files simultaneously. The secure file format is a source for debate among forensic scientists, the legal community, and investigative Figure 7.12 actual sensor size (left). effect of magnification by sensors (right). (courtesy of linear Systems inc.) photography 87 agencies alike. Although it is a “loss-less compression” type of file, a secure file is one-directional and can be viewed, edited, and modified in a software program. When it is edited, it cannot be written back to a secure file format. If the software does save the file under the same name and extension, the image was not an original to begin with. Secure file formats contain more information than any other file type. The information can include time of day, date, serial number of the camera, exposure num- ber, and camera settings for each exposure. Working in a secure file format minimizes chain of custody issues because the authenticity of the image is provable. The most advantageous feature of a secure file format is that it becomes insurance against challenges of authenticity— an issue that could be raised in judicial proceedings. The only major drawback is the large file sizes. In some instances, it is not possible to create images in a secure RAW format. Under circumstances when secure images are not created, it can become necessary to encrypt the images digitally with information that can authenticate the file and associated information. There are several ways the images can be digitally encrypted; the easiest is the incorporation of a digital watermark. There are many ways to add digital watermarks, which can become quite useful if the nonsecurely formatted image should need to be verified as the pristine origi- nal image in chain of custody issues or in an associated legal proceeding. The question of when to use a secure file format is based on a number of considerations. Who will be get- ting access to the files? Where are they? How are they handled, where, and when? To whom will they be dis- tributed? Who has access to the originals? These ques- tions are important when the exchange of files (evidence) will occur inside law enforcement agencies and forensic labs and among experts, lawyers, and/or the courts. The same problems are encountered if the defense produces digital information in judicial proceedings. 7.7.9 Digital Scanners One way of converting analog images to digital data is by scanner. There are optical scanners that are designed specifically for reading film, slides, printed material, radiographs, or all of the above. In the typical flatbed scanner, the scanned material is placed on a glass platen. An optical sensor under the glass moves past the object and records it as a digital image. The sensor reads the object very much like a photocopier; however, in this case, instead of producing a print on paper, the software creates an image file that can be stored and managed. The optical sensor in the scanner works much like the sensor in a digital camera. Photodiodes with filters capture the light created by the sensor of the scanner in either color or black-and-white image formats. The elec- tronic image is then processed by the algorithms in the scanner’s chip set to create the digital image, converting the analog scan to a digital image. Several important scanner applications are relevant to bitemark investigation. Dental study models (casts) of suspects’ teeth can be imported as image files using a flatbed scanner (Figure 7.13). Many odontologists use the image of scanned study models to create hollow vol- ume and/or compound overlays for comparison to life- size bitemark digital images or standard photographs. Images of a pattern injury can also be imported into an imaging software program such as Adobe Photoshop via scanned film, color print enlargement, or digital files. Once digitized, the image can be corrected for rota- tion, size, and photographic distortion [11]. The entire bitemark comparison and analysis can then be printed, demonstrated on computer, or projected via a laptop computer connected to an LCD projector. 7.8 Considerations for Digital Photography in order of importance While many considerations enter into digital image cre- ation, the first is output. If the main intent is to print the images, how big the actual prints are going to be will Figure 7.13 casts of teeth digitized from a flatbed scanner. 88 Bitemark evidence: a color atlas and text, 2nd edition determine file size, camera capabilities, and printer fea- tures. Larger prints of digital images require larger files with more resolution, which means more sophistication and advanced features in the camera. Are the images going to be subject to electronic distribution? If so, will it be through a network, server, or Internet e-mail? The larger the file size is, the more time is required for image transfer. Many Internet service providers limit the max- imum file size they will accept. Some RAW image files may be too large to send via electronic distribution. RAW images will also require a plug-in software file that interpolates the digital information when importing it to an image software program. The second consideration is storage. Will the images be stored temporarily on a flash card, online, with a hard drive or RAID array, or near line via a network server or DVD jukebox (Figure 7.14, left)? Flash card capacity has been steadily increasing and is well affordable, even in multigigabyte sizes. Will proprietary software such as DIMS [12] be required for image protection and non- overwriting security? The file size and number of files to be stored will dictate the requirements for storage hardware. For per- sonal usage, an external hard drive may be more than adequate; however, for long-term storage and security, one should consider an outside source where files are encrypted and uploaded to a professional storage and backup online service such as Carbonite®. A major metropolitan law enforcement agency may accumulate thousands of images daily. For this situation, a multiuser access drive with multiterabyte capacity may be neces- sary for storage (Figure 7.14, right). The third consideration is retrieval. Who is going to maintain thesoftware to download the images? Will it be one person or several people on a LAN? Will that software be the same as the one that is used to find the image and work with it? How will the files be indexed, sorted, named, and saved? These questions are critical for multiuser input settings and must be answered before digital imagery is integrated into forensic applications. The fourth consideration is hardware requirements. The type of computer one uses for viewing and creat- ing images and graphics must be adequate to fulfill the requirements of the job. The components should include a large amount of RAM (2–4 gigabytes), a hard drive with a minimum of 300 gigabytes, a fast processor, DVD reader/writer, and flashcard ports or Firewire® for faster downloading of images. Some additional considerations might include wireless connectivity, battery operation in case of power failure, and, last but not least, a contingency plan in case there is a general failure of digital imaging. The remote but possible failure of an application of digital imaging in a specific case reinforces the suggested redun- dancy by the authors of incorporating multiple digital cameras in one’s armamentaria as well as multiple, sepa- rate, secure image-storage devices and sites. The final consideration involves decisions to be made regarding the type and capabilities of the camera. Will a secure file format be necessary? How big a file will be needed and what size enlargement for working cases? What applications are available from the manu- facturer for downloading and working with the images? How are images to be stored? Downloading and storing RAW images that are 30–50 MB in size on a home PC under these circumstances might create more problems than anticipated. Software selection is critical. What are the needs of the investigator? Eventually one can count on outgrowing Figure 7.14 DvD/cD storage system (left). (courtesy of Rimage.) Megaterabyte storage array (right). (courtesy of plasmon.) photography 89 the next release of any imaging software package. Will it be upgradeable and appropriate to other applications? The worst-case scenario would be changing record man- agement systems and/or operating systems. The user will need to know if the software is compatible with subse- quent releases of operating systems such as Windows or Mac OS. Another important aspect of software consider- ation is the ability to manipulate or enhance the images rendered. As previously mentioned, Adobe Photoshop is one of many very powerful image management sys- tems. This multipurpose imaging software suite has algorithmic options that offer total control over how the image is presented. Digital enhancement can frequently improve the appearance of bitemark images. Figure 7.15 (left) was scanned from a color slide and represents the maxillary arch on the sole of a child’s foot. Using Adobe Photoshop, the image was converted to gray scale and the bite isolated using the marquee tool. Enhancement of the bite pattern by altering levels of contrast and brightness resulted in Figure 7.15 (right). Another impressive enhancement software man- ager is LucisPro® [13]. This program was developed for a variety of medical and scientific applications and offers a simple user-friendly system for bringing out details of bruises in bitemarks by means of two separate cur- sor algorithms. The latest version (6.0) has been adapted as a plug-in feature to Adobe Photoshop. Figure 7.16 (left) is a scanned color slide of the right calf of a female child-abuse victim. Figure 7.16 (right) is the same photo enhanced with LucisPro software with the large cursor set at 57 and the small cursor at 11. Note the improved visibility of the dental arches even though this bite was partially inflicted through the child’s clothing, as is evi- dent by the elastic band imprint. In summary, before digital equipment is purchased, the authors suggest consulting with an experienced ven- dor that can integrate all components of a digital system and provide technical support when it is needed. Sooner or later that support will be needed—guaranteed! 7.8.1 Alternate light imaging Alternate light imaging, fluorescent photography, foren- sic light source photography, and narrow-band illumi- nation are all synonymous for the process of recording a photographic image with the aid of a monochromatic light and a blocking filter. The technique of ALI is Figure 7.15 unretouched color image scanned from a slide (left). (courtesy of ontario police Dept.) enhanced photoshop image (right). Figure 7.16 Scanned from original color slide with no modifications (left). (courtesy of upland police Dept.) Same photo after enhancement with lucispro (right). 90 Bitemark evidence: a color atlas and text, 2nd edition founded upon a phenomenon entitled the “Stokes shift” after Professor G. G. Stokes [14], who discovered that the remitted wavelength of light is of a different frequency from the illuminating source (Figure 7.17). Part of the energy of light at a particular frequency (meas ured in nanometers) is absorbed by the subject matter it strikes. Once that energy, in the form of electrons, is absorbed, it creates a molecular excitation that seeks to return to its unexcited state. The return of the electrons to their rest- ing state releases that energy as fluorescence. The remit- ted light (fluorescence) is of a higher frequency and lower intensity and cannot be seen in ambient conditions. However, it can be observed by using filters that pass the remitted light and block the incident light. The equipment requirements for ALI are similar to those for other forms of macrophotography with the excep- tion that one must employ a forensic light source for the incident light and a blocking filter over the lens to capture the fluorescent image. Tripod-mounted 35-mm camera and macrolenses are part of the standard armamentaria. Figure 7.18 shows a schematic drawing of the ALI technique and how fluorescent images are captured photographically. There are many types of forensic light sources. These include lasers, tunable lights, and PRIMARY LINES ABSORPTION STOKES SHIFT LASER LINES CVL Ar 400 nm 500 nm 700 nm600 nm Ar CVL Ar Ar Ar 514.5 nm 510 nm 488 nm 496.5 nm 476.5 nm (Line height proportional to % visible output) EMISSION Figure 7.17 Remitted wavelength of light is of a different frequency from the illuminating source. (courtesy of linear Systems inc.) Forensic Light Source (Emits Narrow Band Wavlength) Camera FILM # 15 yellow barrier filter blocks 450 nm light Transmits shifted light Fluorescing Subject Fluorescent Photography Figure 7.18 Fluorescent protocol. photography 91 personal-sized light-emitting diodes (LEDs). Figure 7.19 (left) is of an LED ring flash that screws onto the fil- ter already attached to the lens. A tunable light source (Figure 7.19, right) has several selectable internal filters for varying frequencies of light illumination. Plexiglas goggles are used for the observer to detect latent evi- dence and view enhanced fluorescent objects at differ- ing frequencies. The color of source light and shade of goggles used depends on the subject matter being illu- minated and photographed. Alternate light imaging is firmly anchored in numer- ous applications of forensic investigation. Crime scene analysts and forensic photographers learn to utilize the appropriate light wavelengths to illuminate blood spat- ter, illicit drugs, fibers, fingerprints, and body fluids including semen, vaginal secretions, and saliva [2]. Virtually any organic compound found in nature can be made to fluoresce. The peak level of excitation that a compound exhibits when illuminated depends on the wavelength of the illuminating light and the chemical components of the substance [15]. Early research on the bioluminescence of human skin detected a peak excita- tion at 430–450 nm [16,17].This range of visible light is coincidentally very near the long UVA range, but it is actually in the deep blue color of the visible spectrum. Illuminating tissue with the ALI technique provides a distinctive advantage when bruises, pattern injuries, and bitemarks on skin are photographed. When the ALI technique is utilized, the net overall effect of obtaining the fluorescent image of a bitemark is to enhance the vis- ibility of the injury [18]. The biochemical explanation of how this image enhancement occurs is revealed in the differences between normal and abnormal (injured) tissue sub- stances. Certain organic components, such as collagen, keratin, and subcutaneous fat in the layers of the skin (dermis and epidermis), are bioluminescent and readily transmit light [19]. Other components, such as biliru- bin, hemoglobin, and melanin, absorb light. Uninjured epidermis, rich in keratin, is highly bioluminescent. Contrasting blood components of hemoglobin and melanin that have collected in the injured areas of the bitemark are seen as dark areas of contusion. This differ- ence in light absorption due to blood products and high light remittance of uninjured tissue is what creates the enhanced appearance of the bitemark. Figure 7.20 (upper left) is a postautopsy digital pho- tograph, taken with visible lighting by strobe flash, of a bitemark on the right lateral thorax area of a female homicide victim. Figure 7.20 (upper right) is a close-up of the same bitemark taken with 455-nm blue LED light and filtered with a Tiffen no. 15 yellow filter. Differences in the injured and uninjured tissue are more visible in the ALI photo. Figure 7.20 (lower left) is a digital IR image of the same bitemark, while Figure 7.20 (lower right) was created with digital UV. Alternate light imaging is most useful in situations when there is minimal visible bruise pattern informa- tion present on the surface of the tissue, but below the epidermis there is significant bruising. ISO equivalence and exposure factors vary depend- ing upon the individual situation. Unlike UVA photog- raphy, ALI must be achieved in total darkness with the exception of the forensic light source. Any ambient light will interfere with the image capture, particularly when the higher ISO settings are used. 7.8.2 Digital Ali Technique for Bitemark Photography A photographer should routinely be able to capture an adequate digital image with a minimum setting of 200 ISO equivalence. Exposure times can vary depending on several factors that will be discussed here. At 200 Figure 7.19 Blue ring flash (left). (courtesy of Rc Forensic.) turnable forensic light source (right). (courtesy of Rofin polilight®.) 92 Bitemark evidence: a color atlas and text, 2nd edition ISO and with an adequately powered light source, typi- cal exposures range between 1/4 second and 2 seconds at f-stop settings of f/4 to f/5.6 aperture. The light source and camera ideally should be placed at distances of 12–18 in. from the subject. Before exposure, the camera should be mounted on a tripod with the camera’s back surface and the ABFO no. 2 scale positioned parallel to the injury. It is advisable to prepare the shot and focus prior to turning out the overhead lights. With the camera set in manual mode, the light meter readings are taken through the electronic TTL viewfinder with the no. 15 yellow filter mounted to the lens, while illuminating the subject with the tuned blue light source in an otherwise dark room. The forensic light source should be set at or near 450-nm monochromatic light. Liquid light guides and fiber optic cables coming from the light source may be mounted on a tripod or handheld. If a personal LED or ring light is used, it is typically already fixed to the camera lens. Exposures should be bracketed by increasing and decreasing shutter speed. Bracketing with f-stops tends to reduce focal depth of field. The pho- tographer should attempt to capture images at the small- est f aperture to maintain best focal depth. With a little practice, one may discover that, with ALI, slightly underexposed images may contain more information than normal or overexposed images. Most internal light meters are typically not designed for read- ing monochromatic light. The result is that the meter mis- reads the intensity of 450-nm illumination and adjusts by allowing more light than is necessary for an accurate exposure. This problem can be corrected by changing the aperture setting and/or the exposure time. Many variables affect exposure factor. A person with a dark complexion (more melanin) will require increased exposure times due to more absorption and less reflection of light. Forensic light units come with different output strengths and bulb wattages. The con- veyance of light, whether it is through a fiber optic cable, liquid light guide, or LED, determines how much lumi- nance is transferred from the source. Photographing living bite victims presents some inter- esting problems since motion must be limited with the long exposure times that are sometimes required. Consequently, higher ISO equivalences are chosen. Typically, 400–1600 ISO is needed for capturing bitemarks with ALI in the conscious living, and absolute darkness is required. Any ambient light results in image contamination. As a rule, photographers attempting fluorescent photography should become familiar with their camera equipment, its capabilities, and the appropriate exposure Figure 7.20 Digital color photo of bitemark (upper left), canon eoS 10D, 50-mm canon macrolens, iSo 100, f/4, 1/60 second, sRGB, syncronized flash; ali digital photo (upper right), canon eoS 10D, 50-mm macrolens, iSo 800, f/5.6, 1/8 second, sRGB, Rc Forensic Super R-lite at 475 nm, #15 tiffen filter; monochrome digital iR (lower left), Fujifilm Finepix S3pro, nikon quartz uv 105-mm lens, iSo 200, f/27, 1/60 second, synched flash, #87 filter; digital uv (lower right), Fujifilm Finepix S3pro, nikon quartz uv 105-mm lens, iSo 800, f/4.5, 1/90 second, nikon SB 140 full flash with uv filter, Baader venus u filter. photography 93 settings prior to actual casework. Pretesting equipment under controlled conditions is highly recommended. Case Presentation 7.1 A 34-year-old Hispanic male received multiple stab wounds during a gang-related homicide. A bitemark on the dorsum of the right hand was observed and photo- graphed (see Figure 7.21). Case Presentation 7.2 A 3-year-old male Hispanic was brought to the emer- gency room with obvious signs of felony child abuse and multiple bitemarks. The child subsequently died; the cause of death was attributed to blunt force abdomi- nal trauma. The images demonstrate one of the more distinctive bites sustained on the child’s abdomen (see Figure 7.22). Figure 7.21 color bitemark photograph on right hand of a homicide victim taken postautopsy (upper left), canon eoS 10D, 50-mm macrolens, iSo 100, f/4, 1/60 second, sRGB, synched flash; ali (upper right), canon eoS 10D, canon 50-mm lens at f/5.6, 1/3 second at iSo 800, sRGB, Rc Forensic Super R-lite at 475 nm, tiffen #15 filter; color iR image (center left), Fujifilm Finepix iS-1, sRGB, #87 filter, f/5.6, 1/60 second, iSo 200, synched flash; monochrome iR image desaturated in photoshop (center right); color uv image (lower left), FujiFilm Finepix S3-pro, nikon quartz uv 105 lens, sRGB, f/4, 1/90 second, iSo 800, Baader venus u filter, kodak SB 140 flash set to maximum output; monochrome uv image (lower right) desaturated in photoshop. 94 Bitemark evidence: a color atlas and text, 2nd edition 7.9 nonvisible light Photography: infrared Technique Infrared light possesses special properties when directed on injured skin. It is possible to capture extravasation of blood beneath the skin surface, when it is present, using IR digital photography. While the patterns may not appear as sharply focused in IR as in visible or UV images, they canprovide yet another source of digital imaging of bitemark documentation. Subdermal hemorrhage can occur when teeth or other objects crush tissues. The IR technique takes advantage of light absorption in areas of bruising that consequently appear black in the resultant image. Frequently, the individual groupings of blood patterns recorded in the IR images may record the biter’s dental signature in a bitemark. The appearance of the IR photographs is different from those of UV, ALI, and visible light images. Because the focus point of IR images is up to 3 mm below the sur- face of the skin, the IR photographs often appear grainy and/or blurry as compared to those taken in other light media [4,20]. Failure of a bitemark to appear in an IR photograph may not be the result of poor technique. The more likely cause is the lack of bleeding below the skin surface [2]. In a living victim, IR photography is best utilized within the first 72 hours after the injury, with the sub- dermal healing beginning soon after the injury occurs. In a deceased victim, the subdermal changes also begin Figure 7.22 Bitemark on the right abdominal area (upper left), nikon D80 62-mm lens at f/4.5, 1/60 second, iSo 100, ring flash; ali (upper right), canon eoS 10D, 50-mm canon macrolens, f/3.3, 1/60 second, iSo 1600, #15 yellow filter, Rc Forensic flex-arm ring light, 455 nm; iR digital color (lower left), Fujifilm Finepix iS-1, f/3.6, iSo 200, 1/80 second, #87 iR filter, synched flash; uv digital protocol (lower right), Fujifilm Finepix iS pro, nikon quartz uv 105-mm macrolens, color sRGB, f/4, 1/60 second, iSo 3200, Baader venus u filter, kodak SB 140 flash set to maximum output. photography 95 to occur rapidly after death; however, depending on the environmental disposition of the body, it may be pos- sible to capture IR images in an interval greater than 72 hours. Because the unaided human eye cannot see details of the bitemark captured in IR photography, it is recommended that this type of photography be uti- lized whenever possible in the collection of bitemark evidence [6]. 7.9.1 Armamentarium for Digital infrared Photography An IR photograph requires the use of special equip- ment, including a tripod, a 35-mm digital TTL SLR camera body capable of capturing infrared light, a lens that passes infrared light, an infrared light source, and an infrared band pass filter such as the no. 87 Kodak Wratten gel filter (Figure 7.23, left) or the Baader IR glass band pass filter (Figure 7.23, right). Some off-the-shelf 35-mm digital camera bod- ies have been found to work well for IR photography. While the published spectrum of light sensitivity for many of these unmodified cameras may not indicate it, they are capable of capturing IR light. Fuji® once man- ufactured several UV/IR full-spectrum 35-mm digital cameras, but it no longer does. At this time, there are no camera manufacturers making full-spectrum digi- tal cameras. However, several after-market companies will take most of the medium to higher quality 35-mm digital cameras from the major manufacturers and convert them to a full-spectrum digital camera. There are many commercial lenses that pass IR light. However, the Nikon Nikkor UV105 lens has been the gold standard because it was specifically designed for passing both visible and nonvisible light. Unfortunately, as with the Fuji UV-IR camera, this lens is no longer produced. Readily available commercial lenses are made with a fluorite coating on the lenses that acts as a filter and allows only visible light to pass. It may be possible that a given commercial lens, designed for only visible light photography, will pass amounts of IR light suffi- cient to create an image as long as the camera sensor can capture IR light. To fill the need for UV and IR, several manufacturers do make full-spectrum quartz lenses that work beautifully for IR photography. Often, an Internet search will list companies that offer these full-spectrum silicon-based lenses. Finally, an IR-emitting light source must be used to create IR photographic images. Some commercial flash units will emit IR light, as do tungsten lamps, quartz- halogen lamps, special LED infrared light sources, and special full-spectrum commercial flash units, such as the unfiltered model of the Quantum® flash. Once all of the necessary equipment for IR photog- raphy has been gathered, it is critical to experiment with the entire setup by taking practice IR digital images to learn the camera system’s proper settings and capabili- ties. Multiple trial images should be created with widely bracketed settings and then compared to identify both the best IR technique and optimal camera system set- tings. In this way, confident that the optimal IR tech- nique will be achieved, the photographer will be ready to document a bitemark case. 7.9.2 infrared Photography Technique IR photography normally requires the use of a tripod with the camera. Because the IR light penetrates below the surface of the skin, the camera is set to increase depth of field with an aperture of f/16 or f/22, and a bracketed exposure from 1/250 of a second to 1 second for each f-stop used. This will ensure that by slightly Figure 7.23 kodak wratten no. 87 gel iR filter (left); Baader iR glass filter (right). 96 Bitemark evidence: a color atlas and text, 2nd edition underexposing the images (1/250 second) to slightly overexposing (1 second) them, the bitemark details pres- ent using IR light will be captured. The camera is positioned so that the front of the lens, film, scale, and bitemark are all in the same parallel plane. If a strobe flash is used, the camera’s ISO should be set to 25 or 100. Using the TTL viewing properties of the camera, the visible focus is established, the IR focus shift applied, and the IR band pass filter placed in front of the lens. To specify the exact wavelengths of light that are passed through the lens to the sensor, a band pass filter is required in IR photography. There are numerous inexpensive glass and gel IR filters. The Kodak Wratten no. 87 gel filter and the Baader IR glass band pass filters are specifically manufactured for passing only infra- red light. The filter is placed tight against the lens after focusing. Using an IR-emitting light source, the image is created on the camera’s full-spectrum digital sensor and stored as a digital image. 7.9.3 Focus Shift Most commercially available lenses are manufactured to perform optimally within the visible spectrum of light, the range for which the focusing properties of the lens are calibrated. Additionally, the manufacturers place fluorite coatings on the lenses that specifically block transmission of nonvisible light. When photographing outside the visible light spectrum, it may be necessary to make small adjustments to the focus point to account for the nonvisible light [21]. The process of refocusing after establishing the visible focus is referred to as the “focus shift” (Figure 7.24). As previously mentioned, the focus for IR pho- tography is up to 3 mm below the surface of the skin. Therefore, IR photography must account for the change in the visible focus by moving the lens slightly away from the object [4,20]. Many lenses have a small dot on the focus ring located to the right of the visible focus point that marks the infrared focus shift point. A focus shift is required for IR photographic images. In contrast to IR photography, UV photography highlights the surface details of the bitemark. Thus, the focus point in UV is closer to the front of the lens than the visible focus; if a focus shift is required, the lens is moved slightly toward the object being photographed. While others have championed the need for a focus shift of the same amount as infrared but in the oppo- site direction when taking UV photographs, the authors have found that no focus shift is necessary with UV pho- tographywhen a quartz lens is used (Figure 7.25, left). Practically speaking, once the photographer has the necessary equipment to begin UV and IR pho- tography, it will take several photographic sessions of experimentation to determine the specific needs and techniques that will be required for optimal nonvisible light photography. 7.10 reflective ultraviolet Digital Photography If a bite inflicted to skin shows signs of damage on its surface (epidermis), the use of electromagnetic radiation in the UV range will often photographically depict the surface damage. For most organic materials, the rule of Figure 7.24 iR focus mark on nikon nikkor uv 105 lens (left). the large black dot in the top picture represents the vis- ible focus. the small dot to the right of the visible focus highlighted in the bottom photograph represents the iR focus. (photograph courtesy of nikon, inc.) close-up of iR focus shift point on nikon nikkor uv 105 lens (right). photography 97 thumb is that the shorter the wavelength of the incident light, the more the absorption will be and the shallower the depth of penetration. Disruption of the normal skin surface where the teeth touch during biting creates a physiological difference between the damaged areas and the undamaged adjacent skin. That part of the injury on the surface of the skin may have a potentially different UV appearance than in visible light. Under these conditions, the preferred photographic technique to capture surface disruptions employs the shorter-waved UV’s tendency to scatter off surface anomalies. This requires utilization of both UV light and the special armamentarium for taking UV photo- graphs. The net effect is an observed enhancement in the appearance of the injury pattern [22]. Ultraviolet pho- tography captures these subtle differences that cannot be seen with the unaided human eye. There is some controversy in the literature regard- ing the optimum timing for the use of UV photogra- phy. Suffice it to say that there is a wide variation in results from serial photos of the same injury over peri- ods of 1–6 months. It is the authors’ observation that the best results have occurred between 7 and 9 days after trauma [23]. If one chooses to perform UV serial documentation over time, there is no need to retake orientation photo- graphs since they should have been taken in the original series. Only close-up exposures with the scale in place should be taken during a subsequent UV series. The over- all size (gross characteristics) and pattern (individualiz- ing characteristics) of the injury are what is important. 7.10.1 ultraviolet Digital Photography Armamentarium Ultraviolet digital photography requires the use of specialized photographic equipment and techniques. Levels of ultraviolet light range from the near ultraviolet to deep ultraviolet, and the armamentaria will depend upon which area of the UV band is to be captured. For this discussion, the basic requirements for capturing images in the 360- to 400-nm range will predominate. The equipment for digital UV photography starts with a pro-sumer class 35-mm DSLR camera with software and internal filtering system that have been converted to capture the nonvisible extremities of the light spectrum. The modification can be provided by the manufacturer, as in the Fuji UV/IR series (Figure 7.25, right), or by con- version of a standard camera by a market vendor. Unfortunately, Fujifilm North America discontin- ued production of its UV/IR line of cameras in 2008. That fact should not discourage the novice photogra- pher, since most basic 35-mm format digital cameras can be converted to “see” the UV range. One only has to seek a reputable and knowledgeable outsource ven- dor. The modification involves removal of the “hot mir- ror” filter in front of the electronic sensor and should be accomplished by a qualified technician. Modifying an older-model digital camera is more advisable than a brand new one since the modification would void any existing factory warranty. The next consideration is to acquire a lens that trans- mits UV light. Silicon-fused (quartz) lenses transmit Figure 7.25 the quartz uv nikkor 105 lens (left); Fuji iS-pro uv/iR DSlR camera (right). (courtesy of Fujifilm.) 98 Bitemark evidence: a color atlas and text, 2nd edition 75–80% of UV light and require no focal shift; however, they are scarce and very expensive. Nikon Corporation discontinued production of the UV105 quartz lens several years ago. To fill the demand, Universe Kogaku America [24] and Jenoptic Inc. [25] have developed a line of UV quartz lenses. Numerous less expensive, nonquartz, regular glass lenses are functional for UV imaging and transmit up to 50% of the UV. However, one must make certain that the glass surface is not fluorite coated and that no UV light will be transmitted. Consult the manu- facturer’s specifications before purchasing the lens. A UV light source is also required. Direct sunlight, gas discharge lamps, YAG lasers, and ultraviolet-tuned LEDs are the most common sources of illumination. Although very inexpensive, sunlight does not produce the level of intensity required for capturing images indoors or in mac- rophotographic applications. Fortunately, several types of UV light sources are on the market, ranging from typical flash units modified to emit UV light to specially designed UV LED light sources. Recently, UV LEDs based on gal- lium nitride semiconductor alloys have become popular; they have several advantages over gas discharge lamps, especially in their spectral purity. For bitemark documen- tation, the preferred choice of illumination would be a very strong strobe flash, such as the Nikon SB 140, which was produced specifically for UV photography. Short of finding the unit, any programmable flash with a high guide value (50+), such as the Quantum® series flashes, should provide adequate light for digital UV imaging at high ISO equivalence (800–1600). In addition to the previous items, a UV-specific band pass filter must be in front of the lens in order to allow only UV light to strike the electronic sensor. The traditional Kodak Wratten 18A glass UV filter cannot be used in digital UV photography because of a small IR transmission spike that allows just enough IR radiation to leak through and contaminate the image. The digital camera’s sensor cannot differentiate between UV and IR radiation. Therefore, the 18A filter, which set the gold standard for film-based photography, is inappropriate for digital UV. The Baader® Venus U filter has become the accepted filter of choice for UV digital photography. It has a peak transmission at 360 nm and less than 0.1% red leak. 7.10.2 Digital ultraviolet Protocol The UV/IR-capable digital camera should first be mounted on a tripod with the appropriate lens attached and proper filter holder positioned over the lens. The camera mode function should be set to manual with a starting ISO equivalence of at least 400 and a shut- ter speed of 1/60 to 1/90 second. Exposures should be bracketed using multiple f-stops. If a programmable electronic flash unit is used, it should be set to maxi- mum output. Camera distance to the bitemark may vary with the length of the lens. The injury and ABFO no. 2 scale should be included in the electronic viewfinder and focusing should be at the actual visible focus point if a quartz lens is used. If a glass lens is used, a slight adjustment in focus may be necessary. The ruler must be positioned adjacent to the injury and parallel to the back plane of the camera to minimize angular distortion. Once focus is established in ambient light, the Baader Venus U filter is positioned in front of the lens. Ultraviolet photography using a strobe-type flash can be accomplished in ambi- ent room light illumination. If a gas tube or LED source is used, the room should be totally darkened except for the illuminating lightsource. Under these conditions, protective eyewear should also be worn by all present. Once the photographer acquires the essential equip- ment, predictable, reliable, and accurate UV photo- graphs will be obtained through experimentation. It is imperative that the photographer be familiar with the UV technique before the advent of a real bitemark case. Failure to collect all the available evidence in the bite- mark case could otherwise result. The recommenda- tion that UV photography be used does not imply that it is compulsory in a bitemark case. However, it is the responsibility of the investigator to attempt to collect all available evidence when possible, and UV photography does represent one additional venue in evidence collec- tion (Figure 7.26). 7.11 Application of Photographic Techniques other Than for Bitemarks The techniques described in this chapter can be applied in other areas of forensic investigation. Documentation of tattoos, scratches, or tool marks on decomposed tis- sue is an applicable venue for IR. Similarly, UV and IR techniques can be applied to tattoos, scratches, gunshot injuries, stab wounds, ligature restraints, hanging or suspension injuries, and many other types of patterned injuries. The ALI technique is applicable for examina- tion of bruises associated with ongoing abuse or assaults or in instances where a history of aging injuries needs to be documented (see Figures 7.27 through 7.34). photography 99 Figure 7.26 child-abuse victim with bitemarks on the back; photo taken by child protective services 2 days after the attack (left); same bitemark injuries taken in Raw digital uv almost 2 months after the attack (upper right), Fuji pro S3 uv-iR camera, iSo 100, f/5.6, 1/125 second, nikon nikkor uv105 lens, nikon SB140 synched flash, Baader venus uv band pass filter; desaturated and enhanced in adobe photoshop (lower right). Figure 7.27 color photograph of homicide victim with bullet hole in the left side of the neck (left); uv without signifi- cant change in the appearance wound compared to color (center); iR of the wound showing the entrance wound without apparent hemorrhage. the blood is still there but the camera focus is below the surface of the skin, making it seem to magically disappear. 100 Bitemark evidence: a color atlas and text, 2nd edition Figure 7.29 iR photograph of neck ligature pattern in the skin of homicide victim (left); uv photograph of same ligature (right). note the detail of the electric cord used for the strangulation. Figure 7.30 Black-and-white photograph of knife puncture wound on homicide victim (left); iR (center) and uv of same injury. Figure 7.28 color image of mummified back skin of homicide victim with tattoo; yellow box shows area of interest (left); iR photograph of same mummified skin with the details of the tattoo in the highlighted box. photography 101 Figure 7.31 child-abuse victim with ligature marks on neck (left); iR (center) and uv of same ligature marks. Figure 7.32 Multiple series of tattoos on back of female (left); iR of same tattoos (right). (courtesy of Miami Metro-Dade M.e. imaging Bureau.) Figure 7.33 tattoo on face of homicide victim (left); iR of same tattoo (right). 102 Bitemark evidence: a color atlas and text, 2nd edition references 1. Wright, F. D. 1998. Photography in bite mark and pat- terned injury documentation—Part I. Journal of Forensic Sciences 43 (4): 877–879. 2. Wright, F. D., and G. Golden. 1997. Forensic photogra- phy. In Forensic dentistry, ed. P. Stimson and C. Mertz, 102–106, 123, 132. Boca Raton, FL: CRC Press.. 3. Bachem, A., and C. I. Reed. 1930. The penetration of light through human skin. Publication of the University of Illinois, College of Medicine, Chicago. 4. Kodak infrared films. Kodak publication no. N-17, p. 4. 5. Ultraviolet and fluorescence photography. Kodak publi- cation no. M-27. 6. Krauss, T. 1984. Photographic techniques of concern in metric bite mark analysis. Journal of Forensic Sciences 29 (2): 636. 7. CCD vs. CMOS: Dalsa.com; www.dalsa.com/markets/ CCD_vs_CMOS.aspx 8. Three CCD. http://en.wikipedia.org/wiki/3CCD (redi- rected from 3CCD). 9. Bayer filter. http://en.wikipedia.org/wiki/Bayer_filter 10. Canon U.S.A. Inc. 2003. EOS 10D digital camera bro- chure, p. 12. 11. Johansen, R., and C. M. Bowers. 2000. Digital analysis of bite mark evidence using Adobe Photoshop. Forensic Imaging Services, Santa Barbara, CA, pp. 17–44. 12. Digital information management solution. Linear Systems Corp., Rancho Cucamonga, CA. 13. LucisPro software, Image Content Technology LLC. PMB #203, 430 Franklin Village Drive, Franklin, MA 02038- 4007, http://www.lucispro.com, http://www.lucisart.com 14. Stokes, G. G. 1853. On the change of refrangibility of light. Philosophical Transactions of the Royal Society of London 143:385–396. 15. Guilbault, G. 1973. Practical fluorescence. New York: Marcel Dekker. 16. Devore, D. 1974. Ultraviolet absorption and fluorescence phenomena associated with wound healing. Thesis for doctor of philosophy, University of London, Dept. of Oral Pathology. 17. Dawson, J. B. 1980. A theoretical and experimental study of light absorption and scattering by in vivo skin. Physics in Medicine and Biology 25 (4): 695. 18. Golden, G. 1994. Use of alternate light source illumi- nation in bite mark photography. Journal of Forensic Sciences 39 (3): 1560–1567. 19. Regan, J. D., and J. A. Parrish. 1982. The science of pho- tomedicine. In Optical properties of human skin. New York: Plenum Press. 20. Medical infrared photography. Kodak publication no. N-1, p. 26. 21. Nieuwenhuis, G. 1991. Lens focus shift required for reflected ultraviolet and infrared photography. Journal of Biological Photography 59 (1): 17–20. 22. Krauss, T. C., and S. C. Warlen. 1985. The forensic sci- ence use of reflective ultraviolet photography. Journal of Forensic Sciences 30 (1): 264–265. Henderson, J. W. 1993. Infrared photography revisited. Journal of Audiovisual Media in Medicine 16:161. 23. Wright, F. D. 1998. Photography in bite mark and pat- terned injury documentation—Part 2: A case study. Journal of Forensic Sciences 43 (4): 881–887. 24. http://www.ukaoptics.com 25. http://www.jenoptik-inc.com Figure 7.34 Black-and-white image of avulsed areola thought to be bitemark (left); uv of same avulsed tissue defini- tively showing the injury is not a bitemark (right). www.dalsa.com/markets/CCD_vs_CMOS.aspx www.dalsa.com/markets/CCD_vs_CMOS.aspx 103 8 8.1 introduction Just a few years ago film was the product of choice for forensic photography; today, digital is the standard. This is particularly true for bitemarks since this type of evidence lends itself to color, infrared (IR), ultravio- let (UV), and alternate light imaging (ALI). What was a very long process with film now takes seconds with instant results. Good results in IR and UV photography can be obtained using a good single lens reflex (SLR) digital camera. But because in normal color photography IR and UV will greatly affect the results in a negative way, many cameras have built-in IR and UV filters. These fil- ters greatly reduce the sensitivity of the charged coupled device (CCD) or complementary metal oxide semicon- ductor (CMOS) sensor, making it more difficult to cap- ture IR and UV pictures. Longer exposure is required, as is adjustment for the focus shift. IR and UV filters are very opaque, and thus it is impossible to focus properly by looking through the lens. Mandatory manual adjust- ment of the focus is essential, followed by filter installa- tion and picture taking. Finally, the use of bracketing for a clear image is critical in order to compensate for the focus shift. Experimenting with the Fuji IS PRO UV IR dem- onstrated that this particular camera is well suited to IR and UV photography. The filters are not installed by the manufacturer, thus allowing for those wavelengths to be capturedeasily by the internal CCD sensor. Besides being a lot more sensitive to IR and UV, the live view feature on this camera allows the user to see potential results before the picture is taken; this greatly reduces the time of exposure and solves the focus shift problem. The camera can also be used as a normal digital camera, but needs a filter, such as the PECA 916 purchase option, to block IR and UV light. For the ALI technique, using a normal digital camera with the no. 15 yellow filter is suggested (see Figures 8.1 and 8.2). The use of a computer (preferably a laptop for conve- nience) and the software provided by the camera manu- facturer such as the Nikon Capture—or, in the case of the Fuji IS PRO UV IR, the Hyper Utility 3—is recom- mended. This will allow the user to control the cam- era remotely on a tripod for immediate photographic results. It will be a lot easier to acquire a high-quality focused picture looking at the computer screen rather than looking through the camera viewer. Different types of light sources will provide IR and UV light. For example, most electronic flashes emit IR and UV light, but when the Fuji IS PRO UV IR is used in live view mode, it is very useful to use a steady-beam light source such as the Polilight Flare® from Rofin, which permits proper focus before picture capture (see Figures 8.3–8.5). 8.2 infrared Photography Infrared photography enables one to capture lesions within deeper layers of skin. The principle is based on the fact that blood absorbs IR light, which appears darker than the surrounding tissue. Most CCD and CMOS sensors are a lot more sensitive to infrared light than to UV light, so short exposure and small aperture will normally give very good results. As with UV, the focus point could be off by a few millimeters due to a focus shift when a normal digital camera is used. This type of photography is very easy using the Fuji IS PRO UV IR; because it is very sensitive to IR light, this new Practical Tips in Forensic Bitemark Photography luc GaGnon Contents 8.1 Introduction 103 8.2 Infrared Photography 103 8.3 Ultraviolet Photography 104 8.4 Alternate Light Imaging Photography 107 8.5 Summary 110 Reference 110 104 Bitemark evidence: a color atlas and text, 2nd edition camera facilitates infrared photography to the point that results can be seen before capturing the image. One of the light sources used is the new Polilight PL500 with infrared lighting. Three examples of the different filters available are the Hayo 72, the PECA 910, and Kodak’s Wratten 87C. The latter blocks all visible light other than infra- red light. Depending on the distance and the infrared source used, it is easy to overexpose (especially with the Fuji IS PRO UV IR), so a very small aperture such as f/22 or even smaller is recommended. Good results have been obtained with f/27 at 1/125 second, depending largely on the strength and distance of the light source. Because each forensic case is different, a trial-and-error technique is suggested. Recommendations include: The use of a tripod (mandatory to facilitate • manual focus) The use of an ABFO no. 2 scale and its place-• ment parallel to both the surface photographed and to the camera lens Installation of a good infrared filter in front of • the lens (the Kodak 87C blocks all visible light and lets in only infrared) As for UV, normally, IR photographs do not have to be taken in total darkness since the filter is very opaque to visible light. To make sure, simply take a picture with just the ambient light on, using a long exposure; if the photo is black, there should not be any contamination. The use of soft ambient light greatly facilitates picture taking. The focus shift for infrared will give a focus point away from the lens. One of the great advantages of IR photography is to show tattoos that would usually be hard to see under normal lighting due to burned or decomposed skin. For bitemark photography, infrared can be a useful tool, but UV and ALI often give better results [1] (see Figures 8.6–8.8). 8.3 ultraviolet Photography In odontology, ultraviolet photography is particularly useful in order to accentuate the details on the under- surface of the damaged skin. UV photography has the advantage of being able to show details that would not normally be visible to the naked eye or in normal pho- tography. Even though literature on the subject is quite 0.1% 89B 88A 87 87C Wratten Filter Numbers 1% 10% % Tr an sm itt an ce D iff us e D en sit y 100% 0 1 2 3 600 700 800 Wavelength (Nanometres) 900 1000 1100 Figure 8.2 the spectral transmission curves for the kodak wratten series of infrared transmission filters. notice that the 87c filter blocks light less than 800 nm (http://msp. rmit.edu.au/article_03/02c.html). (photo courtesy of Mit.) 0.1% 1% 10%% Tr an sm itt an ce 100% 0 200 300 400 500 Wavelength (Nanometres) 600 700 800 900 D iff us e D en sit y 3 2 1 Figure 8.1 this graphic illustrates the spectral transmission curve for the kodak wratten 18a filter. this ultraviolet filter allows some infrared penetration in the 700- to 800-nm range (http://msp.rmit.edu.au/article_01/06.html). (photo courtesy of Mit.) http://msp.rmit.edu.au/ http://msp.rmit.edu.au/ http://msp.rmit.edu.au/ practical tips in Forensic Bitemark photography 105 meager, the best results were obtained after the bitemark is no longer visible. For UV photography, as for IR photography, many types of digital cameras could give decent results when using the proper light source and filter. However, it was found that the Fuji IS PRO UVIR is well worth the invest- ment if UV and IR photographs are taken on a regular basis. This particular camera is a lot more sensitive to those wavelengths than other digital cameras, and the live view is a great advantage over other cameras. Because Figure 8.3 uv and iR light source, the polilight pl 500 (left), a laptop computer (center), and the Fuji iS pRo uv iR digital camera mounted on a tripod (right). Figure 8.4 a laptop screen showing the hyper utility 3 software package included with the Fuji iS pRo uv iR camera shows results before and after picture taking, making it a lot easier to get a good picture every time. 106 Bitemark evidence: a color atlas and text, 2nd edition Figure 8.5 Rofin polilight Flare kit (left), vector 7® uv light (center), and ivona® uv light (right). Figure 8.6 this infrared photograph shows the peripheral circulatory system of the arm. Figure 8.7 a bitemark photographed in iR. practical tips in Forensic Bitemark photography 107 of the latter factor, an appropriate focus is obtained every time, thus removing the guesswork from picture taking. However, even with this camera, the exposure time will be a lot longer than for infrared (see Figures 8.9–8.11). The technique of photographing a bitemark in UV is summarized as follows: 1. Install the camera Fuji PRO UV IR on the tripod. 2. Remove the UV filter on the lens if one is pres- ent. The filter is often used to protect the lens. 3. Install the UV 18A or a similar filter. 4. Set the camera to manual mode. The filter is so opaque to visible light that the TTL and the autofocus are useless. For example, using the Fuji IS PRO UV IR, good exposures have been obtained at 1 second, aperture f/10, with the beam of Polilight at approximately 30 cm from and 45° to the bitemark. On a live subject, it is important to keep the expo- sure as brief as possible since UV light has the potential to damage skin. The total exposure should not exceed 12 minutes per day and 4 minutes of continuous expo- sure with the Polilight PL500, making sure that the exposure is adjusted according to the UV source used and the manufacturer’s instruction. Depending on the UV source used, different results can be obtained. It is very important to know that the Kodak Wratten 18A filter also lets infrared lightthrough (Figures 8.1 and 8.2). It is therefore possible to obtain photographs with more red depending upon infrared contamination, or more blue due to the UV source used. Ideally, the UV light source should emit no IR whatso- ever. The source of UV light coming from LEDs seems to emit much less infrared. The Polilight Flare from Rofin is a good example and gives excellent results. As for infrared, normally, UV photographs do not have to be taken in total darkness since the filter is very opaque to visible light. Simply take a picture in ambient light with a long exposure; if the photo is black, there should not be any contamination. The use of soft ambi- ent light greatly facilitates picture taking. Remember that the Kodak Wratten 18A will let in a good portion of infrared light depending on how much the light source emits in the infrared wavelength. Ultraviolet light gives a focus shift of a few millime- ters closer to the lens. Again, the use of the Fuji IS PRO UV IR live view mode eliminates this problem; other- wise, adjusting focus by looking at the photograph and using the bracketing technique will be time-consuming. Notice the difference in color in Figure 8.11. All pho- tographs were taken with the Fuji IS PRO UV IR and Kodak’s Wratten 18A filter with a variable UV light source. Some are contaminated to different degrees by the infrared light emitted, as seen by the different tints of red. The Polilight and the Polilight Flare seem to pro- duce the best UV light source, emitting less IR and thus giving better detail. 8.4 Alternate light imaging Photography Alternate light imaging photography uses a yellow filter no. 15 and a 450-nm light source for photographing bite- marks. Figure 8.12 illustrates the differences between no. 8, no. 12, and no. 15 filter photographs. Visually, filters no. 12 and no. 15 are indistinguishable and can easily be mixed up, although the photographs produced are perceptively different. The light source used in this figure was the Polilight PL500 from Rofin at 450 nm. A digital camera—preferably one sensitive to light (high ISO)—is ideal with an ABFO no. 2 scale. The technique Figure 8.8 two pictures taken with the Fuji iS pRo uv iR camera with the peca 916 filter (right) and without filter (left). the uv and iR are not being blocked. 108 Bitemark evidence: a color atlas and text, 2nd edition is particularly well suited for bitemark photography and other types of wounds or bruises that have a distinctive pattern. The ultimate goal is quite simply to improve the visibility and the contrast of the wound. The ALI method is remarkably effective when few visible details are pres- ent on the skin surface. (Figure 8.13 highlights a color and an ALI yellow no. 15 filter bitemark photograph.) The Nikon D700, for example, has a very high light sensitivity (ISO) and gives a very good quality photo- graph at ISO 6400 with almost no dark current noise. This allows picture taking without a tripod—a very useful tool when photographing bitemarks on a young, restless victim. A high-sensitivity camera will also allow for the use of smaller aperture settings in order to have a better depth of field. Very good results have been obtained with a shutter speed of 1/60 second at f/9. Do not rely on the internal light meter because the yellow filter and the 450-nm wavelength give a false reading. The technique is as follows: 1. Make sure that the anti-UV filter, often used to protect the lens, is removed and then install the Figure 8.9 three photographs of a tattoo in color with ambient light (upper); iR with the nikon D2X (center). notice that it is out of focus due to the focus shift. the Fuji iS pRo uv iR was used for the bottom photograph. Both iR pictures were taken using the same polilight and the kodak wratten 87c filter. practical tips in Forensic Bitemark photography 109 no. 15 yellow filter. For this technique, the auto- focus should work fine. 2. Protective glasses (yellow color) must be worn. Be aware that wearing these glasses may skew the vision, producing different results from what is anticipated. For this reason, one should moni- tor picture taking through the camera lens. 3. Use a no. 2 ABFO scale placed parallel to the bitemark and camera lens. 4. There should be no ambient light other than the Polilight set at 450 nm. The light source can be moved to different distances and directions to maximize bitemark photographic detail. Trial and error is in order. Looking through the cam- era lens while experimenting with light distance and position produces the best results. 5. Finally, it might be necessary to use a tripod, depending on the camera’s sensitivity to light. Figure 8.10 two pictures taken in uv; one with the polilight (left) and the other with the polilight Flare (right) using the same Fuji camera and wratten 18a filter. this shows that results can differ when different light sources are used. Figure 8.11 Four photos taken with the same camera and filter but with different uv light sources: polilight Flare (upper left), polilight pl500 (upper right), with the nikon SB 800 flash (lower left) and a black light (lower right). notice the different result, which is mainly due to infrared contamination. 110 Bitemark evidence: a color atlas and text, 2nd edition 8.5 Summary The vast majority of SLR digital cameras can be used to take UV and IR pictures with good results. However, because using the Fuji IS PRO UV IR will greatly facili- tate the process by removing quite a bit of the guesswork, it is highly recommended. It is important to remember that different light sources and filters can give different results, so it is recommended to experiment to obtain the best results. reference 1. Dorion, R. B. J. 2010. Bite mark profiling based upon color, UV, and ALI photographic interpretation. Proceedings of the 62nd annual meeting of the American Academy of Forensic Sciences, Feb. 22–27, 2010, Seattle, WA. Colorado Springs, CO: American Academy of Forensic Sciences. Figure 8.13 color (left) and ali yellow no. 15 (right) filter bitemark photographs. Figure 8.12 three pictures using the ali technique with three different filters: yellow no. 8 (left), no. 12 (center), and no. 15 (right). this shows the importance of having the proper filter for ali—namely, the yellow no. 15. 111 9 9.1 introduction Technological advances in the past few years have given us powerful, inexpensive tools for modifying images. What was traditionally the domain of specialized technical professionals is now available to the general practitioner. Image processing has become ubiquitous. It is so integrated into how one acquires and views imag- ery that it often cannot be separated from the act of tak- ing pictures or looking at them. Modern digital cameras include multiple processing steps as part of the formation of a photograph. They allow the user to do tasks such as sharpening, image averaging, edge enhancement, color balancing, and even high dynamic range imaging within the camera. Modern displays offer similar functions. For instance, a common graphics card used in consumer laptop computers at the time of this writing allows the user to modify gamma, brightness, contrast, color bal- ance, anti-aliasing, filtering, compositing effects, and resizing. Common consumer-level image processing image Processing and Analysis for Evidentiary Purposes williaM R. oliveR Contents 9.1 Introduction 111 9.2 Image Processing and Analysis 112 9.2.1 Image Processing 112 9.2.1.1 Definitions 112 9.2.1.2 Image Enhancement and Restoration 112 9.2.1.3 Substantive versus Demonstrative Image Processing 113 9.2.2 Image Analysis 115 9.2.3 Literature Review 116 9.3 Standards 116 9.4 The Digital Work Flow Pipeline 117 9.4.1 Images as Evidence 117 9.4.2 Image Acquisition and Archival 117 9.4.2.1 Storage Format 117 9.4.2.2 Primary, Original, and Working Images 119 9.4.2.3 Image Integrityand Archival 120 9.4.2.4 Format and Media Obsolescence 120 9.4.2.5 Image Authenticity 121 9.4.2.6 Image Retention 121 9.4.3 Image Enhancement Documentation 121 9.4.4 Report Preparation 123 9.5 Software Resources 123 9.5.1 Applicability 124 9.5.2 Single Application or Enterprise Solution 124 9.5.3 Validation and Algorithm Description 124 9.5.4 Graphical Interface and Ease of Use 124 9.5.5 Programming Requirements 125 9.5.6 Metaphor 125 9.5.7 Data Representation 125 9.5.8 Audit Trails 125 9.5.9 Third-Party Support 126 9.5.10 Open Source versus Proprietary 126 References 127 112 Bitemark evidence: a color atlas and text, 2nd edition software packages provide access to hundreds of algo- rithms in dizzying numbers of combinations. The evaluation of bitemark evidence has taken advantage of this, particularly in the areas of image enhancement, digital overlay production, and image- based meas ure ment. It is necessary, then, for those who use digital imaging to become conversant with the tech- niques employed. This chapter discusses considerations that may be important in image processing and analysis for bitemark interpretation from an evidentiary point of view. It is not meant to be a tutorial on image processing. That is a topic well beyond the scope of a single chapter; readers are encouraged to turn to any of the many good textbooks on the subject. 9.2 image Processing and Analysis 9.2.1 image Processing 9.2.1.1 Definitions Since the manipulation of imagery has become integral to its acquisition, storage, viewing, and analysis, it may be useful to think about what image processing is. One convenient model considers what kinds of data one is putting into a process and what kinds of data one is get- ting out of it. Basically, one can have either an image or some sort of descriptive data as input, and one can have an image or some sort of descriptive data as output, as shown in Figure 9.1. In computer graphics, one provides a mathematical description of what one would like to see—a model of an object, a list of color and reflectance properties, a description of lighting, etc.—and the output is an image. In computer vision and image analysis, one uses imagery as input and attempts to derive some sort of description as an output (e.g. “there is an enemy tank behind a tree”). Generally, if a machine does the analysis, it is called “computer vision”; if analysis is done by a human, it is called “image analysis.” If one supplies a representa- tion and receives a different representation, then one is performing any of a number of file-based tasks (such as format manipulation or compression) that generally fall under the classification of picture archiving and com- munications systems (PACS) in medical imaging. If one supplies an image and receives a modified image, then one is performing image processing [1]. Definitions of image processing vary a little between disciplines. In the world of forensic science in the United States, Canada, and Great Britain, definitions tend to be similar to those defined by the U.S. Federal Bureau of Investigation (FBI) Scientific Working Group on Imaging Technology (SWGIT). There, image process- ing is defined simply as “any activity that transforms an input image into an output image” [2]. The National Policing Improvement Agency of the United Kingdom states: “Processing images generally involves adjusting the technical properties of the image and modifying the actual content to improve or change some quality of the image” [3]. The Canadian Royal Mounted Police generally refers to the SWGIT guidelines for definitions, but expands on comments regarding image enhance- ment for analysis (vide infra). 9.2.1.2 Image Enhancement and Restoration Forensic image processing is usually directed toward a few specific tasks. These tasks, in turn, can generally be categorized as image enhancement and image restora- tion. Image restoration is the process of reversing some degradation of an image due to acquisition technology or some environmental effect. The process often involves modeling the degradation process, creating a process that acts as its inverse, and then applying that inverse. A classic example in medical imaging is the res- toration of conventional light microscopy images. In microscopy, the light traveling through the microscope from the light bulb is almost never uniform. Instead, it is brighter in the middle and darker at the edges of the field. There are almost always small bits of dust on the mirrors and lenses that cause dark spots. This is called “nonisotropic illumination.” Because the lenses are small and curved, different wavelengths of light are refracted differently, so red and blue portions of the image are no longer aligned at the edges. This is called “chromatic aberration.” In addition, because the lens is not a per- fect sphere, light going through the edge of the lens will focus at a different spot than light that goes through the center. This is called “spherical aberration.” All of Computer Vision Image Processing PACS D es cr ip tio n Im ag e O ut pu t ImageDescription Input Computer Graphics Figure 9.1 categorizing image manipulation on the basis of input and output. image processing and analysis for evidentiary purposes 113 these can be partially alleviated by better engineering and maintenance, but they will almost all still remain to some degree. Each of these can be modeled, however. For instance, an image is mathematically the multiplicative product of the illumination and the reflectance properties of the resulting image. Thus, one can normalize for uneven lighting simply by dividing the image by an image of the illumination (i.e., a picture taken without a microscope slide but with the lamp on). In contrast, light added by random currents in the sensor is additive, so it may be subtracted. To correct an image, then, one can subtract an image taken with the camera turned on but the light turned off (the “darkfield” image) and divide the image with the specimen by an image taken without the specimen (the “brightfield” image). The process is dia- grammed in Figures 9.2 and 9.3. Similarly, one can take the blur out of out-of-focus images by modeling the blurring function and per- forming the inverse—either directly by a process called deconvolution or by using iterative methods. While there are methods of “blind” de-blurring that do not require a good model of the blurring function, the more efficient and better performing methods rely on a good mathematical model of how the blurring occurred. Image enhancement is the relative increase or decrease of specific features in an image to make it more interpretable or, as defined by SWGIT, “any process intended to improve the visual appearance of an image or specific features within an image” [2]. Examples include the removal of distracting periodic patterns such as stria- tions in concrete obscuring a shoe print or textile pattern in cloth obscuring a fingerprint, contrast enhancement to make faint features more obvious, and separation of color channels (Figures 9.4 and 9.5). The Canadian Royal Mounted Police guidelines for image enhancement for analysis say [4]: “Enhancements are intended to improve the overall appearance of an image or to extract hidden details within the image. Enhancements are not to hide anything from the courts and should only be performed on a copy of the original.” 9.2.1.3 Substantive versus Demonstrative Image Processing As described later in this chapter, there are a number of guidelines for the handling, documentation, and evalu- ation of image processing in forensic imaging. In large part, the degree to which these apply depends on how the image will be used. The primary distinction, partic- ularly with regard to the courts in the United States and similar countries, is whether the processed image will be used simply to demonstratefindings derived elsewhere or if it is the basis for the interpretation. If one is going to enter an overlay of teeth on a bitemark into court, it – Anisotropic Illumination Correction – = Figure 9.2 correcting for anisotropic illumination. Figure 9.3 Before and after illumination correction. 114 Bitemark evidence: a color atlas and text, 2nd edition matters whether the overlay is the basis for the conclu- sion that there is or is not a match or if it is to be used merely to show the jury what the investigator has deter- mined using some other technique. Of course, one must know the rules of evidence for one’s particular jurisdic- tion. However, demonstrative imagery often must sim- ply be stated by affirmation to be useful to demonstrate the point being made, be accurate in its representation of the point being made, be pertinent to the testimony, and not be prejudicial. While it is not described in the forensic odontol- ogy literature, in areas of investigation such as foren- sic pathology, image processing is often not the basis of the analysis but is instead used to create a collection or “space” of images that are processed using multiple methods and varying parameterizations [5]. These in turn are used to increase the likelihood that the observer will notice a feature pertinent to diagnosis. Recent stud- ies in the cognitive science literature explain why this can be useful. In studies of visual response to motion, research- ers found that the brain creates potential futures out of remembered scenes and uses them to predict what one will see. This is modified when there is a signifi- cant discordance between what is predicted and what is actually viewed [6]. Interestingly, this kind of tactic was developed independently to speed up processing in computers, where it is called “speculative execution” [7]. This predictive process has advantages in terms of time and effort, but these findings suggest it may be a source of visual confirmation bias. The use of image process- ing to create a number of images with differing relative strengths of features may thus be used to force the visual cognitive system out of its expectations and allow the observer to notice features or relationships that he or she would otherwise have overlooked. However, since these newly observed features might be artifacts of the processing method, the analyst would be well advised to return to the original image and use it as the basis of his or her conclusions, except in certain Figure 9.4 Removal of background linear swept pattern in concrete to help view shoe print pattern. Figure 9.5 contrast enhancement of bitemark. original image (left) and contrast-enhanced image (right). image processing and analysis for evidentiary purposes 115 circumstances. The image processing is thus used to increase sensitivity, but any analysis based on the pro- cessed images alone would also have a much lower specificity [5]. Image processing, particularly contrast enhancement, has been studied extensively in the diag- nostic radiology literature, where it has been shown to increase sensitivity, decrease specificity, and decrease time to diagnosis, depending on the task [8]. In mam- mograms, it increases the likelihood of detection of microcalcification, but not soft tissue mass detection [9]. It has also been used to evaluate drusen in retinal images [10]. As noted before, in certain circumstances the pro- cessed image is the basis for the conclusion. Measure- ments of tooth position or area of injury may be derived from a processed image and form the basis for a statistical match. In these cases, it will usually be nec- essary to demonstrate the scientific basis for the conclu- sion, the error of the meas ure ments, and the validity of the processing method. In the United States, the two primary tests for court admissibility are based on the U.S. Supreme Court decisions Frye v. United States and Daubert v. Merrill Dow [11,12]. The latter applies in federal court and many states and sets forth multiple criteria for determining the admissibility of scientific evidence. The former requires primarily that the method be generally accepted by the scientific community and it is still used in many states. In either case, any person using image processing in a substantive manner should have sufficient knowledge of the process to explain and defend its use. 9.2.2 image Analysis While image processing focuses on modifying an image, image analysis focuses on extracting data and drawing conclusions from one. The SWGIT describes it as “the application of image science and domain expertise to interpret the content of an image and/or the image itself in legal matters. Major subdisciplines of forensic image analysis with law enforcement applications include: photogrammetry, photographic comparison, content analysis, and image authentication” [13]. Image processing may make it easier to see the edge of a bitemark. Determining the distance between teeth or the classification of marks is image analysis. Like medical diagnosis, it is a cognitive function that com- bines both art and science. In the United States, the criteria for admission of this kind of evidence was deter- mined in Daubert jurisdictions by the Supreme Court in Kumho Tire Co. v. Carmichael, which decided that the courts had Daubert-like responsibilities in determining the admissibility of technical but nonscientific evi- dence [14]. In general, this has led to the evaluation of the certification, proficiency, and training of the exam- iner in addition to examination of the validity of the methods applied. Thus, image analysis requires knowl- edge of image science in order to understand and use imaging tools and demonstrate the scientific validity of the techniques. However, the analyst must also have knowledge of a domain of expertise in order to recognize and inter- pret important image features. A forensic odontologist may not be allowed to testify about conclusions based on a processed image if he or she cannot demonstrate an understanding of the processing method and how it affects the features he or she uses in analysis. An expert on image processing may not be allowed to testify about the meaning of the contents of a processed bitemark image if he or she cannot demonstrate competence in forensic odontology. In general, image-based analysis of bitemark evi- dence involves all of the tasks within the general area of image analysis, including photogrammetry, image com- parison, and authentication. As defined by the American Society for Photogrammetry and Remote Sensing, pho- togrammetry in the general sense is “obtaining reliable information about physical objects and the environ- ment through the processes of recording, meas ur ing, and interpreting photographic images and patterns of electromagnetic radiant energy and other phenomena” [15]. The most common photogrammetric application is taking meas ure ments from images to determine tooth size, tooth distances, and other geometric information. As such, it is incumbent upon the analyst to know the sources and solutions for errors of perspective, projec- tion, and such, as well as issues of camera attributes. Forensic odontologists commonly do image com- parison through overlays and other methods of compar- ison. As noted in the SWGIT image analysis document, “photographic comparison is an assessment of the cor- respondence between features in images and known objects for the purpose of rendering an expert opinion regarding identification or elimination (as opposed to a demonstrative exhibit)” [16]. Domain expertise is of critical importance in recognizing critical features for comparison, knowing artifacts, and interpreting results. Integral within this is content analysis, the drawing of conclusions from an image. Image authentication is “verification that the infor- mation content of the analyzed material isan accurate rendition of the original data by some defined criteria. The forensic odontologist must be able to distinguish between “real” features of bitemarks as opposed to issues 116 Bitemark evidence: a color atlas and text, 2nd edition of compression, image degradation, image acquisition, and such. It should be clear from the preceding discussion that bitemark analysis involves both objective statistical and cognitive analytical issues. These should not be con- flated. As noted by the SWGIT [17]: Some conclusions can be based on statistical criteria, while other conclusions are based on subjective criteria. Conclusions derived from photogrammetric analyses can often be reported in terms of statistical criteria. In contrast, many conclusions derived from image content analyses are based on subjective criteria. The basis for, and uncertainty of, any conclusion should be reflected in the reporting. Regardless of the image processing or analysis method employed, the investigator should have suffi- cient practical and theoretical knowledge of any algo- rithm used to know what artifacts can be created, how changes in parameterization can be expected to change the image, and potential sources of error. It may not be necessary to have a complete knowledge of the math- ematics involved (though that would be optimal), but at least the practitioner should know enough to describe the underlying principles and pitfalls. It is not enough to go to court and merely claim that one hit the “improve” button in a piece of software and then magic happened. Not all forensic odontologists can or should master all algorithms, and not all computer scientists should pretend to know odontology. However, that does not remove the analyst’s responsibility to become sufficiently conversant with the principles of the algorithm and implementation to demonstrate competence to apply it intelligently and to interpret the results correctly. 9.2.3 literature review There is currently some debate about the uniqueness and interpretation of bitemarks. This literature review is not intended to address these issues, but rather to demon- strate some of the applications of image processing and image analysis in the discipline. Image enhancement has been shown to be of some use in clinical dentistry. For instance, one method of contrast enhancement has resulted in a small increase in the diagnosis of caries in intraoral radiographs [18,19]. The use of filtering, par- ticularly embossing filters, has been of some value [20]. The most common use of image processing in bite- mark evaluation is the creation of overlay images and image mixing and overlay [21–23]. It has become a com- mon method of comparison and, at least under in vitro conditions, can be used to compare impressions with a high reliability, though cadaver studies have not been as encouraging [24,25]. In one recent article, three- dimensional models were created by the use of laser scanners of casts and impressions, although the com- parison was done using two-dimensional projections and overlays [26]. A great deal of work has also been done in trying to determine what photogrammetric meas ure ments from images can be used to distinguish bitemarks. Some early attempts were made to use computer vision tech- niques to create a “similarity index” between dentition and bitemarks, with mild success [27,28]. More recently, Kieser et al. found encouraging results when they used the amount of deformational energy necessary to warp images of scans of casts to match candidate images [29]. Another approach has been to meas ure the relationship of features to a medial axis [30]. Simple Procrustes dis- tances have been found to have limited value [25]. Contrast enhancement methods have been pro- posed to increase the visibility of dental features, but without statistical evaluation [31]. Comparisons have been attempted using pseudo three-dimensional eleva- tion maps from grayscale images, again without formal meas ures of validity [32]. 9.3 Standards There are no specific standards for image processing in forensic odontology; in fact, there are few such discipline-wide imaging standards within forensic sci- ence in general at the time of this writing. Some disci- plines have specific historical standards. For instance, in the United States, the fingerprint analysis commu- nity subscribes to a resolution standard of 1000 ppi for scanned latent prints and 500 ppi for 10-print cards. These standards are derived from transmission require- ments for the national fingerprint comparison and data- base system rather than from a scientific determination of comparison criteria. Only afterward were studies published demonstrating the degree of detail to which this actually corresponded [33]. To fill this need, the FBI established scientific work- ing groups (SWGs), of which the previously referenced Scientific Working Group on Imaging Technology is one [34]. The SWGIT has proposed general guidelines for the handling and processing of images for foren- sic purposes. Over the past few years, these guidelines have been used numerous times in courts in the United States to aid in determining the admissibility of digital evidence. The remainder of this chapter will address the image processing and analysis for evidentiary purposes 117 application of these guidelines with an eye to digital bite- mark imaging. Similar organizations have responded to these needs in the UK through the Home Office, in Australia, and in Canada. 9.4 The Digital Work Flow Pipeline Most digital image processing and analysis tasks fall within a predictable work flow. While there are many variations, it is most simply viewed as consisting of four steps. Images are acquired or received, processed, ana- lyzed, and then a report is generated. Each of these, in turn, consists of substeps—each with specific guidelines. 9.4.1 images as Evidence Whether or not a given image requires formal evidence- handling processes is a matter of local jurisdictional requirements. In general, primary images (defined later) almost always require careful handling that preserves chain of evidence. In contrast, working images often do not. Whatever the circumstance for a particular juris- diction, standard operating procedures (SOPs) should be in place to formalize the handling of images for evi- dence. SOPs must, of course, conform to the require- ments of individual jurisdictions. Most formal SOPs include a statement of the name, date, scope, and pur- pose. Commonly, they delineate the equipment used, the methods of calibration and standardization, known lim- itations of the method, steps in performing the task, ref- erences to the method, and ancillary information [35]. 9.4.2 image Acquisition and Archival Often, forensic odontologists do not have the opportunity to photograph injuries, but instead receive the images from an outside authority or consultant. In other cases, the odontologist may take the photographs. Proper pho- tographic techniques are addressed in other chapters. Of importance to image processing is the recognition that all methods of digitization involve inherent digital image processing, whether it is the scanning of a photographic print or the use of a digital camera, for instance. This sec- tion will concern itself primarily with digital photogra- phy. Other acquisition methods have analogous issues. Digital processing is inherent in the conversion from camera sensor signals to pixels forming image data. The basic camera and optional in-camera pro- cessing influence the image appearance and may affect interpretability. These settings are often recorded in metadata contained in the image header, as well as other data such as time and date stamps and even GPS data [36,37]. But, however they are recorded, they should be noted. It should also be noted that some image process- ing programs modify or remove metadata;if header data are used as a documentation technique, care should be taken to make sure that they are not lost. 9.4.2.1 Storage Format Storage format is also important. The format must be able to store the data that are acquired. For instance, images may be in pixels with separate red, green, and blue values. The number of colors that can be repre- sented in this representation is a function of the number of bits allocated for each color. Thus, a 24-bit image that stores 8 bits in red, 8 bits in green, and 8 bits in blue can store 28 × 28 × 28 = 255 × 255 × 255 = 16,581,375 col- ors. Some devices can store 48-bit images. In contrast, some formats can store only a very limited number of colors. For instance, graphics interchange format (GIF) images traditionally store only 255 colors in a “palette” and all pixels in an image use one of those colors [38]. A traditional format developed by the Joint Photographic Experts Group (JPEG) can store a maximum of 24 bits, and common variants of the tagged image file format (TIFF) can store up to 16 bits per color for a total of 48 bits [39,40]. It is important to make sure that the for- mat can represent the data. Most file formats also include some sort of compres- sion algorithm and many allow a choice of compression methods. Some algorithms allow complete reconstruc- tion of the original image data and are called “loss- less” algorithms. Some make decisions about what is important data and discard the data considered unim- portant; these methods are called “lossy.” Lossy meth- ods usually achieve much greater compression, but at the loss of information. As an example, consider a simple method of com- pression called “run-length encoding.” In this method, the compression algorithm replaces repeated values by the value and the number of repetitions. Consider the following series: 101 101 101 101 101 100 100 100 101 101 102 102 102 102 102 This series has 15 values and 45 digits. There are five instances of 101 followed by three instances of 100 fol- lowed by two instances of 101 and then five instances of 102. If one replaces the original data by a run-length encoding, one gets: 101 5 100 3 101 2 102 5 118 Bitemark evidence: a color atlas and text, 2nd edition This provides a total of eight values and 16 digits—47% compression in terms of numbers and 65% in terms of digits. It is possible to reconstruct the original data from this encoding and it is thus “lossless.” There are a number of lossless compression algo- rithms, a discussion of which is beyond the scope of this chapter. The most common in use at the moment is TIFF. It should be noted that the TIFF format, often presented exclusively as a lossless format, does allow lossy JPEG compression (described later) in some implementations. Practitioners who use pro- grams that allow JPEG compression in TIFF formats should take care that they are not inadvertently los- ing data. In contrast, if one makes the assumption that any change of one unit or less is irrelevant, one can replace all the values with 101 in the preceding example, perform run-length encoding, and get the following result: 101 15 This provides a total of two values and five digits—87% compression in terms of values and 89% in terms of dig- its. However, it is impossible to reconstruct the original data from this encoding. Because data are lost, this is called lossy compression. Of course, practical lossy compression methods are more complex and sophisticated than this simple exam- ple, but the effects are still noticeable. A popular com- pression method is defined by the Joint Photographic Experts Group and is incorporated into two formats: Exif (exchangeable image file format) and JFIF (JPEG file interchange format), both of which are commonly known as “JPEG” formats. JPEG/Exif is more commonly used in digital cameras, though it is not supported by the newer JPEG2000 standard [41]. JPEG compression segments the image into 8 × 8 pixel squares and a lossy compression algorithm is applied to each square. The user often selects a quality parameter that dictates how much data is discarded. In many cases, the data loss is visually unapparent at higher quality settings, but can still become obvious when the image is enlarged or contrast enhancement methods are applied. As shown in Figures 9.6–9.8, lossy JPEG compression results in a visually similar image when viewed without enlarge- ment (Figures 9.6 and 9.7); however, the small squares used for compression become obvious upon contrast enhancement and enlargement (Figure 9.8). Most guidelines suggest that images to be used for analysis should be stored using only lossless compres- sion [42]. Most also recognize, however, that the qual- ity requirements of an image are dictated by its use and purpose. For instance, the UK Home Office notes that “the format is not relevant to the admission of the evi- dence, only that the quality is fit for purpose” [43]. The SWGIT recommends that “the decision to use lossy or lossless compression will be dictated by the intended use of the image” [44]. A photograph used merely for docu- menting who is at a crime scene, for instance, often does not need to have the same quality as an image acquired for careful analysis of fine detail. Thus, a documentation photograph used merely to show where on the body a bitemark is may not need to be saved in a lossless man- ner, but a photograph that will be used for performing analysis would be best saved in a lossless format. To avoid the effects of both in-camera processing and compression artifact, some cameras allow the storage of images in an uncompressed, so-called “RAW” format that often stores the actual sensor data and information required to reconstruct a conventional format file. It can also include a low-resolution JPEG format image as part of the file. RAW formats have the advantage of saving data Figure 9.6 Same bitemark, saved using lossless compression (left) and lossy JpeG compression (right), which are visually similar. image processing and analysis for evidentiary purposes 119 before most, and in some cases all, of the in- camera image processing. It provides the best access to the basic data. The disadvantages of RAW format are twofold. Most important, many RAW formats are proprietary and many require proprietary format for construction of a useful image format file. This may result in format obsolescence and loss of the ability to retrieve the image data if the company goes out of business or decides to discontinue support of the format. Thus, some guide- lines suggest the use of RAW format only as an ancil- lary format or only if it is an open format. For instance, the combined SGIT and Scientific Working Group on Digital Evidence (SWGDE) document on archiving dig- ital and multimedia evidence (DME) notes that “propri- etary formats are formats that are primarily supported by the company producing them. These formats may not be supported as new applications become available and as technology improves. When possible, DME should be retained in its original format and in a nonproprietary format” [45]. The second drawback is more practical. High- resolution RAW images use more disk space and take longer to save in some cameras. This may have an impact on work throughput. This second issue may or may not be of significant impact in any particular situa- tion and will likely be obviated as technology continues to improve. 9.4.2.2 Primary, Original, and Working Images For digital photography, the data produced by the cam- era are usually stored on some temporary medium such as a magnetic card, though a few cameras can write directly to small optical media. In either case, this is Figure 9.7 the images in Figure 9.6 subjected to contrast enhancement. Figure 9.8 a close-up of a portion of each of the images in Figure 9.7 taken at the edge of the ruler extending downward from the