Reconstruction evidence under fire in cops’ murder trial

Defence attorneys have challenged the reliability of crime scene reconstruction evidence presented by an overseas-based expert in the trial of five policemen accused of murdering three men in St Andrew in 2013.

The expert, Matthew Noedel, acknowledged during cross-examination that his reconstruction findings depended on the accuracy and completeness of the information supplied to him, and that evidence could have been lost or overlooked before he examined the scene.

“The science of reconstruction is not infallible,” Noedel told the court, explaining that two reconstruction experts could arrive at different conclusions.

He further acknowledged that the process was “only as good as the data that supports it”.

Noedel was being cross-examined by defence attorney Althea Grant-Coppin during the ongoing trial in the Home Circuit Court.

He told the court that he became involved in the matter after the Independent Commission of Investigations (INDECOM) requested his services in 2013. He completed his report on April 22 that year, approximately three months later.

Noedel said INDECOM had supplied him with several reports relating to the investigation, including a ballistic report. He also visited the Constant Spring Police Station, where he examined the Mitsubishi Outlander in which the three men had been travelling, and the scene of the shooting along Arcadia Drive.

However, when questioned by Grant-Coppin about how the vehicle had been transported from Arcadia Drive to the police station, he said he did not know the circumstances.

He recalled seeing the Mitsubishi Outlander parked in a parking lot but could not say whether anything had been removed from it or whether anyone had accessed it.

The expert agreed that the accuracy of the information provided to him was important to the reliability of his reconstruction report, acknowledging that inaccurate information could have affected his findings.

He also conceded that he had not examined any of the police vehicles involved in the incident and that the investigator had not drawn his attention to any of them.

Noedel, who prepared reports dated April 24, 2013 and June 20, 2016, was also questioned about the scope of his examination.

He acknowledged that neither report made reference to the vehicle’s glove compartment, despite having visited Arcadia Drive and photographed the Mitsubishi Outlander.

The witness further accepted that cartridge cases at the scene could have been lost or overlooked.

He also told the court that, while he accepted the ballistic report, he did not agree that a positive nitrate test established that a person had fired a gun.

Noedel had previously conceded during cross-examination that he was unable to say whether the police had fired their guns in self-defence.

However, during re-examination by prosecutor Kathy Ann Pyke, Noedel defended his experience and training, explaining that the International Association for Identification (IAI), which previously offered certification in crime scene reconstruction, discontinued the programme in 2022 because of insufficient participation.

Noedel had previously told the court that he was not certified in crime scene reconstruction and that, although he was one of the few people to pass the course, he had not received a certificate. He also said that he had been in the field for 40 years.

Asked yesterday about his certification, Noedel said he was certified in crime scene investigation in 2012 and 2017, in firearm and tool marks examination in 2003, and had recently been certified in scene mapping.

Asked whether the withdrawal of the certification programme affected his ability to give evidence, Noedel said, “That the certification no longer exists does not diminish my training and experience.”

He also said that certification was important because it demonstrated that a person had received a certain level of training.

According to Noedel, the IAI, which was the only institution offering certification in crime scene reconstruction, continued to operate and offered training in several crime scene disciplines, including fingerprint examination, bloodstain pattern analysis and crime scene reconstruction.

He said he had both taught classes and workshops through the organisation and received training at its conferences, adding that such training could contribute towards certification.

Noedel, a former president of the Association for Crime Scene Reconstruction, said he had also participated in its annual training activities and received the organisation’s highest honour.

He acknowledged that most of the association’s approximately 400 members were not certified but maintained that certification was important because it established a recognised baseline of training and expertise.

HISTORY

Sergeant Simroy Mott, Corporal Donovan Fullerton and Constables Orandy Rose, Andrew Smith and Sheldon Richards are on trial for the murders of Eucliffe Dyer, Matthew Lee and Mark Allen, who were fatally shot along Arcadia Drive in St Andrew on January 12, 2013.

The court previously heard that the policemen reported being involved in a shootout with the men after signalling a blue Mitsubishi Outlander to stop at a vehicle checkpoint.

According to the lawmen, four men were inside the vehicle when it was stopped. They alleged that the occupants exited the vehicle and opened fire, prompting them to return fire. The policemen further reported that one of the men fled the scene.

Two illegal firearms, an Arcus pistol and a submachine gun, were reportedly recovered following the incident.

However, two Crown eyewitnesses have given accounts that differ from the policemen’s version of events.

Both witnesses testified that they saw the police shooting at the men but did not observe any of the three men carrying firearms or firing at the police.

One of the eyewitnesses further testified that she saw the police shooting at one of the men as he ran before he eventually fell.

tanesha.mundle@gleanerjm.com