The Maryland Supreme Court ruled Tuesday that firearms experts will no longer be able to testify that a bullet was fired from a particular gun. The decision is likely the first by a state supreme court to undercut the widespread forensic discipline of firearms identification, which is used in criminal cases across the country.
In a 4–3 decision first reported by The Baltimore Sun, the Maryland Supreme Court overturned the murder conviction of Kobina Ebo Abruquah after finding that a firearm expert’s trial testimony linking Abruquah’s gun to bullets found at a crime scene wasn’t backed up by reliable science. In the majority opinion, Maryland Supreme Court Chief Justice Matthew J. Fader wrote that “firearms identification has not been shown to reach reliable results linking a particular unknown bullet to a particular known firearm.”
The ruling is a major victory for defense groups like the Innocence Project, which works to overturn wrongful convictions and limit what it calls faulty forensic science in courtrooms. It’s also not the only one: Radley Balko recently reported at The Watch on a similar ruling from a Cook County circuit judge in Illinois.
But Tuesday’s ruling is the first by a state supreme court limiting such testimony that Tania Brief, a senior staff attorney at the Innocence Project, which filed an amicus brief in the case, is aware of.
“One of the tensions in our work is that the law is always playing catch-up with the current scientific understanding,” Brief says. “And this is a real step forward in the law catching up with what the current scientific understanding is.”
Forensic firearms identification includes well-established uses such as determining caliber and other general characteristics, but examiners are also frequently called on to testify whether a particular bullet was fired from a particular gun. A gun’s firing pin and the grooves on the inside of a gun barrel leave marks on cartridge casings when a bullet is fired, so a firearm examiner compares crime scene bullets to samples fired from the suspect gun and looks for matching patterns under a microscope.
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