A Forensics Charlatan Gets Caught in the Act

Video from a defense attorney's sting exposes Mississippi bite-mark "expert" Michael West.

In 1992, a Phoenix man named Ray Krone was convicted of murdering a cocktail waitress named Kim Ancona. The crime was brutal. Ancona had been sexually assaulted, stabbed multiple times, and bitten on her breast and neck. Krone was indicted after a local dentist named John Piakis, who had received all of five days of forensic training, told police and prosecutors that Krone’s crooked teeth created the marks on Ancona’s body.

At trial, a more experienced bite-mark analyst from Las Vegas named Ray Rawson confirmed Piakis' findings: The bite marks on Ancona’s neck could only have come from Krone. Rawson included a 39-page report with his testimony. It must have been convincing, because the jury convicted Krone despite no other physical evidence linking him to the crime. He was sentenced to death.

In 1995, Krone was given a new trial after an appeals court threw out his conviction over an unrelated legal technicality. Rawson testified again. And Krone was convicted again. After the second trial, however, the judge refused to sentence Krone to death, writing, "The court is left with a residual or lingering doubt about the clear identity of the killer."

The judge’s misgivings proved prescient. Over the strenuous objections of prosecutors, who maintained that Rawson’s testimony was in itself sufficient to affirm Krone’s conviction, Krone's attorney Christopher Plourd succeeded in getting a court to force the state to turn over biological evidence from the crime for DNA testing. The testing proved Krone was innocent. It also provided a match to Kenneth Phillips, a man who arguably should have been a suspect from the start. Phillips lived less than a mile from the crime scene, was already on probation for assaulting a female neighbor, and was arrested three weeks after Ancona’s murder for sexually assaulting a seven-year-old girl. Several witnesses had described a man fitting Phillips’ height, weight, and complexion to police near the crime scene the night of the murder.

After 10 years in prison, including two spent on death row, Ray Krone was exonerated and released from prison in 2002.

But Krone’s lawyer wasn’t quite finished. In addition to his job as a criminal defense attorney, Christopher Plourd is a legal specialist in forensic science, having served on several government commissions looking at the role of DNA testing in the criminal justice system.

Plourd was livid that his client could have been convicted not once, but twice, based on obviously erroneous testimony that was presented as scientific. It seemed to confirm what Plourd and other critics of bite-mark analysis have long suspected—that there is little "science" behind the method at all. So in 2001, the lawyer decided to conduct a “proficiency test” on some unknowing and prominent bite-mark expert.

Plourd chose Mississippi dentist Michael West for his test. West had long been under fire for dubious testimony in dozens of criminal cases, including one in which he claimed to be able to match the bite marks in a half-eaten bologna sandwich found at the crime scene to the dentition of a defendant. I’ve written extensively on West over the last few years, most recently in a feature about the 1992 Louisiana murder trial and eventual conviction of Jimmie Duncan. In that case, I obtained a video showing West repeatedly jamming Duncan’s dental mold into the body of the young girl Duncan was accused of killing. Forensic specialists say that what West does in the video isn't a remotely acceptable method of analysis, and may amount to criminal evidence tampering. Duncan is on death row in Louisiana, based in part on West's analysis.

Plourd selected West because, even though the dentist was still active in the Mississippi and Louisiana courts, he had been suspended from the American Board of Forensic Odontology since the mid-1990s, and therefore might not be aware of the somewhat notorious Krone case. Plourd was right.

In October 2001, working for Plourd, a private investigator named James Rix sent West the decade-old photographs of the bite marks on Ancona’s breast. Rix told West that the photos were from the three-year-old unsolved murder of a college student in Idaho. Rix then sent West a dental mold of his own teeth, but told him that they came from the chief suspect in the case. He also sent a check for $750, West's retainer fee.

Two months later, West sent Rix a letter and accompanying 20-minute video. In the video, West meticulously explains the methodology he uses to match bite marks to dental molds. Using the photo of Ancona’s bitten breast and Rix's own dental mold, West then reaches the conclusion Plourd and Rix suspected he would: That the mold and the photos were a definite match.

"Notice as I flex the photograph across these teeth how it conforms to the outline very nicely," West explains confidently. "The odds of that happening if these weren’t the teeth that created this bite would be almost astronomical." He adds that the "matching" patterns he found between the photo and the dental mold "could only lead an odontologist to one opinion and that [is] these teeth did create that mark."

Though Plourd’s proficiency test has been noted in court briefs and law journals, this is the first time the video of West’s analysis has been published.

NOTE: The video below includes a photograph of bite marks on a post-mortem breast. Viewer discretion is advised.


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  • Jay S.||

    Aha! The private investigator was the actual killer!

  • Kyle Jordan||

    It's good to see West's bullshit come back and...

    BITE HIM IN THE ASS!!!

    Thank you, I'll be here all week.

  • ||

    West should BRACE himself for some prison yard fun.

    Amirite or what???

  • ||

    Yo, Michael West. Bite me.

  • ||

    West is a symptom, but prosecutors are the disease.

  • Warty||

    "The odds of that happening if these weren't the teeth that created this bite would be almost astronomical.

    I love when bullshitters accidentally say something correct. You mean infinitesimal, White, you fuck.

  • Warty||

    West, not White. White has lung cancer and cooks meth.

  • ||

    Thanks, Radley.

  • No Name Guy||

    Radley - Keep up the good work. Still more proof that this clown West is criminally negligent. The SOB ought to be shot for all the lives he's ruined with his BS quackery.

  • ktc2||

    "Plourd's video sting ought to move public officials in Mississippi and Louisiana to thoroughly, if belatedly, investigate just how much damage this dentist has inflicted on the judicial systems of those states."

    Ought to, but wont.

  • Cabeza de Vaca||

    Why is it that the only journalists that seem to care about injustice like this is Balko & Reason?

  • ||

    Wow, what a total fraud. Good work Radley; how the mainstream media is not worked into a tizzy by things like this I will never understand. A complete outrage, pure and simple.

  • ..||

    the mainstream media is not worked into a tizzy by things like this

    What? And forfeit precious minutes covering the Cheney/Pelosi/Limbaugh circus?

  • ||

    What? And forfeit precious minutes covering the Cheney/Pelosi/Limbaugh circus?

    Yeah good point. That doesn't even touch the time needed to cover the latest celebrity scandals and rehab visits.

    You've changed my mind; this whole "falsifying evidence" thing is completely irrelevant to our national discourse. Reason sucks, MSM rules!

  • Thomas Paine\'s Goiter||

    Plourd deserves humanitarian awards for this.

  • ||

    After watching that video, I feel very confident in moving forward with charges on Rix.

  • ||

    At first I laughed...then I cried.

    Knowing this was the investigator's teeth impressions the WHOLE time made it hilarious but then there's absolutely NOTHING comical that many INNOCENT people may be in prison and DEATH ROW becaue of this.

    PLEASE sign my petition to get the state moving on WEST and HAYNE:

    http://www.gopetition.com/online/25939.html

    And pass it on. I need your help...innocent people in prison need your help.

    Radley, as always...you're the MAN!

    My God...help us all!

  • ||

    Just because Dr. West has been wrong a lot, does not mean, without something more, that he was wrong here.

    IANAL, but shouldn't the fact that he's wrong a lot give rise to reasonable doubts about him being right here? Or have the standards to convict been lowered since I was in civics class.

  • the innominate one||

    Rhayader | May 15, 2009, 3:49pm | #

    Wow, what a total fraud. Good work Radley; how the mainstream media is not worked into a tizzy by things like this I will never understand. A complete outrage, pure and simple.


    Did you hear Lindsay Lohan's house was burglarized?

  • Tacos mmm...||

    Did you hear Lindsay Lohan's house was burglarized?



    I hope they got her sex tapes.

  • ||

    With PHYSICAL evidence so very easy to manufacture, imagine how easy it is to fudge MENTAL HEALTH evidence in court, with nothing to fall back on except a bunch of silly social workers' personal prejudices.

    And remember, while you digest this, that 90% of social workers' training is community organization, i.e. changing the world to the way they want it to be, regardless of what others might want or what is right or wrong.

  • ||

    Nice story. Now do one on the prosecutors who wanted to withhold DNA testing that would have exonerated the innocent man. What is it about prosecutors that they have no interest in justice, only convictions?

  • ||

    Simple, the dentist should go to jail for life.

  • Sweetpea||

    Having worked years in one of CA's most sleazy personal injury firms, this does not surprise me in the least. Sadly, many expert witnesses are bought for chump change every day. They will say whatever the firm pays them to say. I've had conversations with experts who will angrily object when pressed to 'adjust' their report, and then cave after a private conversation with one of the partners. The firm justifies it as all for the greater good of getting money for the client. Honesty, integrity, and ethics appear to matter little. It's all about the money.

  • ||

    Wasn't Ted Bundy convicted on bite marks?

  • jester||

    http://www.youtube.com/watch?v=UppX6vP3c4g

    Sting Ops are always lame-O.

  • piper Tom||

    West may be the central figure here, but the deeper problem is revealed at the supreme court. The selection process that gives us justices like these morons is very deeply flawed.

  • ||

    This is all very interesting, but if Radley was a serious journalist we'd being seeing stories on "15 ways to beat the heat" just in time for the coming summer. What people really want to know is should the fan be blowing in or out. Also, which is the right way to put the roll of toliet paper on the holder. This is the stuff that matters.

  • ||

    I would go so far as to say that the bite mark evidence would only be able to tell you what species did the biting and not necessarily if a specific individual did it.

    West sounded like someone you'd have on as a guest for a late night paranormal talk show, talking about Chupie, the chupacabra - goat sucker! Now that thing has teeth!

  • ||

    Has Mississippi AG Jim Hood been advised of all of this? If so, what did he have to say?

  • BruceM||

    The real scandal is how prosecutors continue to not only use this type of ficticious "evidence" but how they get all whiny and pissy when it's shown through DNA that their choice of defendant is innocent and that someone else is actually the guilty party. That's assuming the defense was able to FORCE the prosecutors to turn over the exculpatory DNA evidence in the first place.

    You have to ask yourself why a prosecutor would not want to turn over DNA evidence.

  • Medic||

    What a pudgey little fucker.

    You see the size of those sausage fingers.
    He's got to lie to keep that pay check coming in. If he didn't he'd be forced to eat a salad!


    I love the part about..."well he's been wrong before, but not in this case..." Fuckers.

    Medic

  • ||

    Mr. Balko, how can you claim that Dr. West is not an expert, and do so with a straight face? It's obvious just from this article that the man is in fact an expert liar.

    Oh wait, you meant he's not a bite mark expert. Never mind.

  • www.zune.net||

    This is a great post. Thanks so much for sharing, like always.

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