The reliability of forensic methods such as ballistic analysis, handwriting examination, and fingerprint comparison is increasingly called into question within the legal system. Defense attorneys nationwide are now investing in expert witnesses to challenge the credibility of these traditional forensic sciences.
In Douglas County, the Public Defender’s Office has requested an additional $45,000 for the 2026-2027 fiscal year to cover professional fees for these experts.
“It’s becoming more and more apparent that as defense lawyers, if the state is going to use that type of evidence, it’s incumbent upon us to challenge it, or make sure that it’s somewhat accurate,” stated Thomas Riley, who has been the Douglas County public defender since 1995.
While some professionals offer their expertise free of charge, necessary experts can demand fees ranging from $100 to $300 per hour, according to Riley.
Riley has sought expert opinions on numerous methodologies. Notably, he consulted a specialist from Scotland proficient in STRmix, a software that utilizes probabilistic genotyping to analyze mixed DNA samples, differing from traditional DNA analysis techniques.
However, some critics argue that this new method yields less certain results.
The Innocence Project, a nonprofit organization dedicated to exonerating wrongly convicted individuals, states that misapplication of forensic science is the second leading cause of wrongful convictions. They estimate that flawed methodologies have played a role in over half of their proven wrongful conviction cases.
Riley emphasized that forensic sciences are not inherently flawed or outdated. He described them as “historically unchallenged.”
“You know, there are people who have experience and believe that the sciences are accurate, and that’s why we have courts,” Riley explained. “I just think that a robust evaluation of what’s going on is really important.”
DNA analysis has long been a reliable tool in solving homicide cases. In 2024, the University of Nebraska Medical Center’s Human DNA Identification Lab became accredited in forensic investigative genetic genealogy to aid cold case investigations.
The Innocence Project regards DNA testing and analysis as essential in exonerating the innocent and promoting criminal justice reform.
“It’s only a matter of time, I’m afraid, when courts are going to say it’s a trial lawyer’s obligation to explore challenges to scientific evidence,” Riley remarked, “and that could end up in an explosion of cost.”
Douglas County Attorney Don Kleine noted the growing trend of defense attorneys utilizing expert witnesses.
“We spend a lot of money on experts also, and so it’s just part of the process anymore,” Kleine noted.
The Douglas County Board of Commissioners is set to review the public defender’s budget increase proposal in the coming weeks.
