-Caveat Lector- URL: http://www.miami.com/mld/miami/news/nation/4745872.htm
Posted on Sun, Dec. 15, 2002 Experts blow whistle on 'CSI' forensic fiction By LISA ARTHUR Miami Herald Flora Seff, a Miami-Dade County prosecutor, nearly screamed when she recently heard about forensic fiction passed off as science on the top-rated CBS drama CSI: Crime Scene Investigation. Criminal analysts injected a victim's fatal stab wound with caulk -- the kind used to seal a bathtub -- to mold a replica of the blade. In the real world, no such technique exists. Prosecutors and forensic experts across the country have begun to grumble about "CSI" and "CSI: Miami." The American Bar Association Journal ran an article on its Web site: "Evidence Piles Up Against 'CSI.' '' One of critics' biggest fears: The shows leave viewers -- who represent tens of millions of potential jurors -- with expectations for whiz-bang technology that doesn't exist. ''The whole show makes me crazy,'' Seff said. A Miami-based jury expert who helps defense lawyers agrees. ''These crime shows all play a role in what evidence jurors expect,'' said Sandy Marks, who has worked for defendants such as Oklahoma City bomber Timothy McVeigh and reputed drug lords Willy Falcon and Sal Magluta. `HARMFUL' ``These shows do impact jurors. To what degree, I can't say. But it's harmful.'' Elizabeth Devine, co-producer, writer and forensics expert for both "CSI" shows, bristles at the criticisms. She spent 15 years as a crime scene investigator for the Los Angeles County Sheriff's Department. ''We don't make anything up,'' she insisted. What about the stab-wound-and-caulk scene? She paused, then blurted: 'I lost that battle in the writers' room. I pounded the table and said: 'You can't do that.' They went around me.'' Still, she says the carping has more to do with swiping at two popular shows than it does with science. "CSI" consistently ranks in TV's top three shows and "CSI: Miami," in its first season, has been in the top 10. ''This is a moment. We're making forensics and forensic investigators into heroes. I think they should embrace the show,'' Devine said. Many in forensics say they won't even watch. To be fair, a lot of their complaints involve niggling details. Stars David Caruso of "CSI: Miami" and Marg Helgenberger of "CSI" play criminalists who act like detectives. They interrogate suspects and call the shots at crime scenes; real criminalists don't. Devine concedes that's dramatic license. Writers tried inserting detectives into the stories, she said. Viewers found the extra characters made the shows convoluted. OTHER LIBERTIES Critics cite other examples of scientific liberties. In one episode, for instance, investigators used an instrument to analyze the lingering scent of cologne worn by a killer to help crack a case. ''That's a Cyranose. That's a real instrument. That's possible,'' Devine said. ''No, no, no,'' said Peter De Forest, director of the graduate forensic programs at John Jay College of Criminal Justice in New York City. ``There's no supporting research for that.'' A representative from Cyrano Sciences, the company that makes the device, said the Cyranose has never been used in quite the way "CSI" portrayed. The Cyranose is used in quality control and medicine. De Forest, who admits he's never watched the show, says whether dramas such as "CSI" do more harm than good is a complicated question. ''Forensic science is underfunded and underutilized,'' he said. ``If used to its full potential, we'd have better justice. "You'd like these things to be more realistic, but to the extent the show raises awareness, it might be a good thing.'' The value of forensic evidence has become a frequent public discussion. Last year in South Florida, DNA cleared one man who had died of cancer after 14 years on Death Row and freed another who had been imprisoned for 22 years. Earlier this year, DNA disproved the convictions of five teenagers in the 1989 rape and beating of a Central Park jogger in New York. In each instance, prosecutors had built cases on confessions and witnesses. The credibility of that type of evidence erodes with each reversal. And Devine believes "CSI" contributes to the erosion. ''We're helping to bring forensic evidence into the light,'' she said. ``It's easier for prosecutors to get a confession, put on a few eyewitnesses and get a conviction. I'm sure the show makes their jobs harder. But I think a good prosecutor would embrace the show.'' Chuck Morton, a Broward prosecutor for 26 years, isn't embracing -- or watching -- the show. But he doesn't think it's the worst thing in crime-show history. ''Quincy was running around in the '80s solving cases by doing things a medical examiner never does,'' he said, referring to the TV series starring Jack Klugman. Because of shows such as "CSI," Morton explains to jurors why a case lacks forensic evidence. ''They expect it now,'' he said."I address it during jury selection.'' So does Marks, the jury expert. Local medical examiners have found a way to deal with the show, too. Bruce Hyma, Miami-Dade's chief medical examiner, has told his staff to be aware that "CSI" is out there, said spokesman Larry Cameron. PREPARING JURORS 'He's told them it might be an issue in jurors' minds, so they should keep it in mind while testifying,'' he said. Michael Bell, Broward's deputy chief and the president-elect of the National Association of Medical Examiners, has a different take. ''Most people have common sense and don't believe everything on TV,'' he said. "We shake our heads at things the show does, but it's not like we're planning a march on Hollywood to have it removed.'' © 2001 miami and wire service sources. 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