United Seekers of America A few folks keep coming back to the GSR results and questioning the validity of the collection and results. So, even though it was ruled out as viable evidence against the accused, the mother or the father we will explore the subject a bit. Below is an excerpt from the California Department of Justice, Bureau of Forensics’, Physical Evidence Bulletin. The bulletin explains how GSR may be distributed on/around, transferred to, or even absent from subjects. “Gunshot residue (GSR) results from the discharge of a firearm. The residue escapes through openings in the weapon and the end of a barrel and is deposited on nearby surfaces. The actual amount of residue detected varies with the type of weapon, ammunition, conditions of discharge, and post-shooting activity. GSR analysis does not determine whether or not an individual has discharged a firearm. The presence of gunshot residue may occur for the following reasons: • The subject may have discharged a firearm or been in close proximity to the discharge of a firearm • The subject may have handled a firearm or ammunition • The subject may have been in contact with a surface bearing gunshot residue The absence of gunshot residue may occur for the following reasons: • The subject did not discharge a firearm. • The subject may have discharged a firearm, but no GSR particles were deposited on the sampled area. • The subject may have discharged a firearm, but GSR particles were removed by washing, wiping, or other activity before the samples were collected.” “Sampling for GSR should only be carried out when the examination will provide the most probative information. o Do not sample if the subject is found in the possession of, or is known to have or claims to have handled, a firearm. This analysis cannot distinguish between having fired a weapon or simply handling a firearm. o Do not sample if the subject has washed his/her hands or bathed since the shooting incident. Washing the hands is likely to remove all GSR. o Do not routinely sample victims of gunshot wounds. The presence of GSR indicates that a person has been in an environment containing GSR. Obviously, if a person has been shot, then that person has been in an environment with GSR. GSR analysis cannot determine whether the victim’s death was the result of a homicide or a suicide. • The time interval between shooting and sampling should not exceed 4 hours. GSR is readily shed from the hands during even minor physical activity. The likelihood of finding GSR after a time lapse of greater than 4 hours is remote. Sampling for GSR should be performed as soon as possible after the shooting. • Samples should be taken immediately after contact with the subject in the field. To minimize the risk of contamination and/or loss of potential GSR, sample before handcuffing, transporting, or fingerprinting. • Do not sample surfaces or materials other than hands.” oag.ca.gov/sites/all/files/pdfs/cci/reference/peb_15.pdf So in the Antonio Santiago case testing the mother’s hands would have been labeled an inappropriate means of collection. However, for the sake of discussion we will forget this minor detail. We will also overlook the fact GSR could have transferred from her own wounds to her hands. Instead we will focus on eyewitness accounts of the mother’s actions immediately following the shooting. These calls have been published courtesy local media sources. We will not be posting the link to those calls on this posting due to Facebook’s inability to post more than one URL per post. However, thanks to growing public interest it has become much easier to locate the aforementioned local media sources. (Warning! Do NOT listen to those calls if you are faint of heart. The mother’s hysterical cries and pleas for help can be clearly heard in the background of some of the calls.) Eyewitness statements on these calls confirm Sherry West attempted to perform CPR on her slain son. Effective CPR for any victim requires tilting of the head and supporting of the neck. As someone who is CPR and AED certified I can tell you most training instructs the learner to reduce stress to the possibly injured neck by tilting the head back by lift gently on the neck while also gently pushing in a slight downward motion on the forehead. This means there is a very strong likelihood Sherry West’s hand (or hands) came in contact with her son’s head wound. This also means there is a strong likelihood the GSR present on her son’s forehead, face, clothing or even stroller would have transferred to Sherry West’s face, hands, upper torso and even her clothing. Essentially, the likelihood she became a covered with GSR is quite significant. Now let’s consider for a moment a grieving mother embraced an equally grieving father, as is common instinct when two people are suffering. Given the considerable probability Sherry West was covered in GSR from attempting to perform CPR on her slain child as well as her own wounds, it is also quite likely the GSR on her person transferred to the father. Simply stated, any GSR evidence found on either party would have been inconclusive, at best – if not totally compromised and therefore likely to be ruled as inadmissible. Now let’s turn our attentions to the suspects and the lack of GSR on either of them. Once again, we will forget the fact they were test for GSR evidence long after the requisite 4-hour maximum test window. Instead, we will focus on the fact it took police one day to arrest the suspects. During this timeframe the average person would have bathed at least once and changed clothes several times. These factors alone would eradicate and trace of GSR residue
Posted on: Thu, 08 Aug 2013 05:14:19 +0000
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