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    • Column One
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Forensics

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With prosecutors relying more and more on forensics to obtain convictions, a Massachusetts criminal defense lawyer must be well acquainted with not only the latest develops in the forensic sciences, but must have working relationships with experts of various forensic disciplines. Attorney Kevin J. Mahoney has worked with some of the very best forensic experts available, including Cyril Wecht, M.D. (regarded as the best pathologist in the country), Brian Pape, Ph.D. (perhaps the best toxicologist in the country), David Benjamin, Ph.D. (a nationally recognized pharmacologist/toxicologist), and Georgia Pasqualone, (a crime scene reconstructionist and medical expert growing in national stature).

When Mitt Romney was serving as Govenor of Massachusetts he wanted to re-institute the death penalty. Romney argued that the advancements in forensic techniques make it extremely unlikely that an innocent man could be convicted for a crime he did not commit.

How “sound” are forensic techniques? Can we say with assurance that crime lab experts, with no stake in the matter, provide us today with mistake free evidence? Hardly. In 1993, a jury convicted Christina Martin of 1st degree murder for poisoning the victim with LSD. Ms. Martin, at that time, was represented by another lawyer. Unfortunately for Ms. Martin, Commonwealth experts not only sat on super-reliable toxicology testing the exonerated her, but perjured themselves to obtain the conviction by misrepresenting unreliable toxicology testing that they themselves had discredited with further testing. It took Attorney Mahoney eight years to undo this injustice. The government’s forensic experts are part of the government team and many are team players.

Like other types of evidence, forensic evidence is not “black and white.” Instead, it is mostly grey, at times contradicted by competing testing methodologies, always at risk for collection inadequacies and contamination, and rarely free of conflicting interpretations. Testimony from a fingerprint “expert” is, for instance, nothing more than an educated guess by a police officer utilizing a standardless methodology – which is to say, no methodology at all.

Articles on various forensic specialties, investigatory techniques, and testing are included here as a public service. These articles are not dissertations, but pithy summaries. For a more complete description of the areas covered, readers should refer to the books and articles referenced at the end of each page.

Kevin J. Mahoney is a Cambridge, MA criminal defense lawyer, and author of Relentless Criminal Cross-Examination.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

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