Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Forensic Botany

forensic-evidence-1

Plant Life: Cracking Murder Cases 

In Casey Anthony’s murder trial, a forensic botanist testified to length of time that Anthony’s daughter had lain in the woods before her body was discovered.  The criminal defense lawyer’s forensic botanist testified that because of the “pattern of leaf litter,” the body could have been in the woods for as little as two weeks, a much shorter period of time than the prosecution was claiming.  Anthony was acquitted. Today, a criminal defense attorney has to possess more than an understanding of the law, he must have an in depth understanding of forensics.

By applying the study of plant life to criminal investigations, forensic botanists can be a vital part of a team approach to cracking a case.

Criminal Defense Lawyer Explains: Botanical Evidence

Forensic botany encompasses not just the study of plants as a whole, but reproduction, including pollen and seedlings, geographical loci, cell structure and make-up, growth, metabolism, development, root structures, diseases, chemical properties, and evolutionary interrelationships among taxonomic assemblages. Like DNA, plant cells are so individualistic that a botanist can often identify the plant from microscopic detritus, as well as its native geographic region.

Because of pollen’s abundance, microscopic size and slow rate of deterioration it can be extremely useful forensically. A medical examiner can obtain pollen samples from the nostrils or nasal cavities. However, since pollen is easily cross-contaminated, and grass pollen indistinguishable on a microscopic level, forensic conclusions drawn from pollen alone can often be challenged successfully.

By surveying plants and growing conditions at a crime scene, a botanist may be able to approximate the age of the plant life. This can prove useful for determining the length of time a skeleton has been at that location. From the plants growing within the skeletal area, particularly the roots, a forensic botanist can approximate how long the body laid there undisturbed. A botanist may be able to specify the time of death from the plants surrounding the body.

Investigating the body and its surroundings can also give the botanist clues about the death. From microscopic plant detritus, cells or pollen – not native to the location – discovered on the body of a murder victim, a forensic botanist may conclude that the victim was killed somewhere else and the body was later moved to this second crime scene. A plant species’ native loci may lead investigators to other states or even other countries.   

During an autopsy, a medical examiner may analyze the victim’s digestive track seeking clues to the victim’s last meal. Using the digestive rates of plant-based foods, a medical examiner may be able to estimate the time of death or, at least, the time that passed between the consumption of the last meal and death. By narrowing down these types of details investigators can create a timeline of events, which they can use to test the reliability of information provided by witnesses or, more importantly, a suspect.

Marijuana Cultivation Cases

Both State and Federal governments punish individuals convicted of marijuana cultivation based upon the number of plants seized. For example, Federal drug laws require a judge to impose a minimum mandatory sentence of 10 years on an individual convicted of cultivating 1000 or more plants. What, however, constitutes a plant? We recently retained a botanist to challenge the D.E.A.’s inclusion of rootless clones in their “plant” count. A dedicated criminal defense lawyer must be prepared to creatively utilize forensic experts in defending his client against the government.

Contact a Massachusetts Criminal Lawyer

Kevin J. Mahoney is a Cambridge, MA Criminal Defense Attorney who, with the assistance of capable forensic experts, has salvaged otherwise doomed clients from the abyss.

PRINT THIS PAGE

TOP

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!
     

    text

  • 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.
     

    text

  • 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.

     

    text

  • 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. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

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."

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
© 2019 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media