FORENSIC COMMUNITY BENEFITS FROM NEW AAFS/ DAUBERT TRACKER AFFINITY PROGRAM
EVANSTON, IL and COLORADO SPRINGS, CO – April 28, 2004

The American Academy of Forensic Sciences (AAFS) and MDEX Online, Inc., today announced the establishment of an affinity agreement that will provide AAFS members discounted access to the Daubert Tracker™, the country’s largest repository of court decisions relating to the admissibility of scientific evidence and expert witness testimony. It is expected that this will enhance the ability of AAFS members to research how forensic scientists and forensic techniques are being accepted or rejected by courts around the country.

According to Kenneth E. Melson, the Immediate Past President of the AAFS, the membership now has a significant research tool at its fingertips. “With just a few key strokes, the latest information may now be obtained by attorneys and scientists relating to a specific scientific field of interest and relevant judicial venue before stepping into the courtroom. In this ever-changing information age, the Daubert Tracker™ will keep us current with important developments in the interaction of law and science.”

The U.S. Supreme Court decision in the Daubert case and its progeny, Kumho Tire and Joiner, govern the admissibility of expert testimony in the federal courts. This “Daubert Trilogy” is the most important set of cases to involve scientific evidence in over seventy years. The federal courts use these cases in assessing (a) whether an expert is qualified, and (b) whether the techniques he/she utilizes are sound. Many state courts employ the Daubert Trilogy (and state equivalents of the Federal Rules of Evidence), while other states employ their own, unique evidentiary gatekeeping principles in screening such testimony. Whatever the standard, successful or unsuccessful expert challenges can, and often will, influence the entire outcome of a case and are now viewed as an essential component of trial strategy.

To date, thousands of federal and state gatekeeping decisions (both reported and unreported) have been filed since the original Daubert decision. Currently, dozens of new opinions are reported every week, and many authorities believe that this rate will continue to increase. It is therefore incumbent on trial attorneys and forensic professionals to have not only a historical perspective on all of the decisions to date, but regular updates on the latest decisions. It was to meet this need that the Daubert Tracker™ was developed.

According to Myles Levin, president of MDEX Online, Inc., "It should be a matter of routine for any expert who is about to testify in court to be up-to-date on how others in the expert's discipline have fared after being challenged. This is especially true for forensic scientists, who, along with medical doctors, engineers and economists, have historically been the most likely to be subjected to challenges. The Daubert Tracker™ gives the expert convenient, cost-effective and fingertip access not only to cases involving challenges but also to many of the collateral legal documents involved. This information can be enormously helpful in helping the expert articulate his/her methodology in a way that can reduce vulnerability to challenge and guard against unnecessary exclusion."

About AAFS
For nearly sixty years, the AAFS has served a distinguished and diverse membership. Its 5,500 members are divided into ten sections spanning the forensic enterprise. Included among the Academy’s members are physicians, attorneys, dentists, toxicologists, physical anthropologists, document examiners, psychiatrists, engineers, physicists, chemists, criminalists, educators, and others. Representing all 50 United States, Canada, and 50 other countries worldwide, they actively practice forensic science and, in many cases, teach and conduct research in the field as well.

As a professional society dedicated to the application of science to the law, the AAFS is committed to the promotion of education and to the elevation of accuracy, precision, and specificity in the forensic sciences. It does so via the Journal of Forensic Sciences (its internationally recognized scientific journal), newsletters, its annual scientific meeting, the conducting of seminars and meetings, and the initiation of actions and reactions to various issues of concern. As the world’s most prestigious forensic science organization, the AAFS represents its members to the public and serves as the focal point for public information concerning the forensic science profession.

Founded in 1948, the AAFS is headquartered in Colorado Springs, CO. For more information, visit www.aafs.org.

About The Daubert Tracker™
Founded in 1999, MDEX Online, Inc. is headquartered in Evanston, IL. For more information about the Daubert Tracker™, visit www.dauberttracker.com.