Bloodstain analysis has been studied since the late 1800’s. The study of bloodstain can help in identifying if a crime was committed or if it was an accidental misfortune. A person who analyzes blood splatter patterns should be trained and educated in how this process works. If the specialist who examines bloodstain is not trained properly then outcome of the theory could be false or misconstrued. A person who is legally certified to analyze blood stain patterns must possess “characteristics of stain pattern, proper identification and examination of blood pattern, precise documentation of blood pattern and stains” .
One case that depended on bloodstain analysis expert testimony occurred in 1995. Warren Hornik had been married to his wife for over three years. He was an ex police officer who had been fired for an alcohol problem. His wife Bonnie worked as an attorney at a law firm.” On March 14, 1995 Warren and his wife had made arrangements to meet up at a TGI Fridays for dinner and drinks” . The couple arrived a little after 7 pm and had a good time. They were seen laughing and drinking until approximately 11pm. The couple only lived a few minutes from the restaurant and did not take long to get home.
Shortly after the couple had returned home a call came into the 911 emergency center. Warren was extremely intoxicated and the 911 dispatcher had trouble understanding his slurred words at first. A frantic Warren had told the dispatcher that his wife shot himself. It took him several attempts to repeat the sentence so that the dispatcher could understand his slurred words. On the 911 call is was legible that he was frantic and his adrenaline has kicked in. He began doing CPR on his wife while still on the phone with dispatch. He told dispatch that his wife shot herself in the throat but he was not sure. She was still breathing at that time while emergency personnel were on their way to his residence. The dispatcher could hear her breathing as Warren started administering CPR on Bonnie. By the time help arrived Bonnie had died. The medics and police had to pull Warren off of her to get him to stop CPR. He did not want to quit trying to save her life.
When the crime scene was examined police found two different firearms lying on the bed. Warren had told police in his statement that after they had gotten home he had went to check his email and heard a gunshot. He thought someone was breaking in and grabbed his gun and ran upstairs to the bedroom where his wife was. That is when he found her with a gunshot wound and called 911.
After the crime scene investigation took place, it seemed that Warren was being truthful about his wife committing suicide. The examiner, crime scene investigators, homicide detective, and district attorney who was given the case all agreed that Warren had not killed his wife. They believed by the facts and the evidence that she had committed suicide. No one wanted to push the issue that Warren murdered his wife, almost everyone who was involved in the case has thought he was innocent.
Bonnie the victim’s parents thought that Warren had murdered their daughter and wanted justice. They saw Warren as an abusive drunk who had incidents with weapons before. Bonnie’s parents thought that their daughter committing suicide was absurd. She had too much to live for, and she was a happy person who had recently had a positive career change as an attorney. She was making more money, loved her job, and her friends also agreed with Bonnie’s parents that she would never have taken her own life. The victim’s parents hired an investigator, and pushed for Warren to be held accountable for the crime of murdering their daughter. An indictment was handed down but no one wanted to pursue it in the legal field because they all thought Warren was innocent and there was no need for him to be charged with a crime.
Private lawyers had to be called in and private experts for Warrens case. The reason being no one thought he was guilty and could not represent him if they thought he was innocent. The private attorney has believed if Warren had a jury trial he would be set free of the murder charges. The medical examiner, investigators from the crime scene, and homicide detective all testified on Warren’s behalf at trial. The jury was even believing that Warren had not killed his wife, but that she had committed suicide.
The trial outcome would change the course and shock everybody who was present that day in court. The last expert to take the stand was a expert bloodstain analysis. He discussed the blood spatter spots on Warren’s shirt the night of Bonnie’s death and explained that the blood spatter spots would have been made only by shooting someone and not by preforming CPR. The expert claimed that if the blood spatter spots had occurred due to CPR they would have not been so dark and apparent but more sporadic from oxygen exhaling onto the shirt.
The jury convicted Warren of murder because of the expert’s testimony. Everyone else including law enforcement who testified on Warrens behalf at trial still stand by his innocence. He has been in prison for 20 years and trying to get his conviction overturned. Warren has stuck to the same story with no changes since the death of his wife. People say he was so drunk the night of the incident that he could not have staged the murder as a suicide and fooled everyone. He was not in that state of mind to be able to pull that off and fool everyone who was there.
As of today Warren is going through the innocent project to try to get his conviction overturned by the court. The investigators and everyone who still stands firm of his innocence is working to help him get out of prison and prove his innocence. Recently Tom Bevel the expert who testified concerning the bloodstain analysis has agreed to do an article on this case and talked about the blood spatter. It was learned the Bevel had no significant degree relating to bloodstain analysis and what he had learned was under and expert in the topic. The expert who taught Bevel what he knew was asked to look over Warrens case and agreed that Bevel’s testimony was not fully accurate.
The expert who was over Bevel agreed that the blood spatter on the shirt Warren was wearing the night of his wife’s death could have been consistent with exhaling blood while CPR was being performed. The expert is also submitting evidence in his thoughts and everyone who was standing behind him is pushing for the new evidence to get overturned on the conviction.
In this particular case bloodstain analysis had been the key that changed the outcome and sent Warren to prison for murder. One man’s testimony who had not had significant degrees and training in the matter had made a statement that changed everything the day of the trial. That was the only evidence that turned an innocent belief to guilty. There was a lot of holes in this case, and the bloodstain spatter on the shirt could not actually be proven that it was from shooting Bonnie.
Now several decades later it is being known that the testimony was not accurate of the bloodstain expert, and that his credentials does not necessarily certify him as an expert. Bloodstain analysis in this case was not even a key factor until trial. The night of Bonnie’s death every occurrence from the time the 911 call was placed to the time of death had been accurately accounted for. The 911 call was heard, and the testimony of everyone at the scene that night could tell by his actions that he had not killed his wife. If he had killed his wife then why would he try to save her by administering CPR with 911 on the line? This is one questions that was thought about when deciding that Bonnie had committed suicide. The blood spatter on Warrens shirt had later been consistent with the gunshot to the chest, and the angle Warren was leaning over Bonnie to administer CPR. This was proven that it is possible that is how the blood spatter got onto the shirt in the manner that it was.
Bloodstain analysis is used to reenact a crime, and determine the weapon used, and what incidence that may have occurred. This type of analysis is not scientifically accurate, and should not be based on blood analysis alone. Blood analysis can be misinterpreted, and not 100% effective in deciding on innocent or guilty.
A test was conducted with experts in bloodstain analysis to determine the consistency in the results of blood spatter. There test had two different stages that included 3 different types of material with blood spatter, and three different types of clothing with blood spatter. The experts were to decide the type of blood spatter and analyze what had happened due to the bloodstains.
After the experts had concluded the analysis and given their conclusions the findings were shocking. “In the findings almost 60% of the conclusions were not classified correctly and were misinterpreted”
This proves that bloodstain analysis is not adequately significant, and should not be used solely based on and expert opinion. Just like the case concerning Warren and his late wife. The only evidence that proved him guilty was the testimony of an expert without credentials who told the jury the bloodstain was from shooting Bonnie and not from her exhaling blood. The NAS has concluded that bloodstain analysis is more opinionated than scientific .
The bloodstain analysis may have experts who study how blood spatter occurs, but this does not mean it should be heavily relied on in court. The evidence to convict should be based on other sources besides blood spatter. It is not always accurate, and it is not considered a scientific tool for DNA reenactment. Based on bloodstain analysis there could be more people who are sitting in prison that are innocent, because of misinformed analysis from an expert.
Reference
James, S. (2011). Blood Stain Analysis Certification. Bloodstain Pattern Analysis, 1-3.
Keish, P. (2014). Blood Stain Analyzation. US Department of Justice, 1-83.
Mann, D. (2010). A Bloody Injustice. Observer, 1-12.
Salzberg, A. (2010). The Psuedo Science of Dexter. Innocence Project, 1-2.
