About the Author(s)

Bernard Greenberg is Professor Emeritus in the Department of Biological Sciences at the University of Illinois at Chicago. He is an internationally recognized fly biologist. One of the founding fathers of the modern field of forensic entomology, he has been an expert witness and consultant for many murder trials.

John Charles Kunich is a Professor in the Roger Williams University School of Law in Rhode Island. Trained originally as an entomologist, he changed track and gained his Juris Doctor degree cum laude at Harvard Law School, followed by a Master of Laws degree summa cum laude from George Washington University School of Law. He now teaches and publishes in the areas of scientific evidence, trial advocacy, law and science, environmental law, and natural resources law.

Outside Back Cover

Entomology and the Law

Used particularly when there has been a suspicious death, insect-related evidence is one of the most powerful, but least understood examples of modern forensic science. Entomology and the Law provides a detailed road map that can be followed from crime scene to courtroom by entomologists, law enforcement personnel and lawyers preparing for trial. Part I focuses on carrion flies as forensic indicators, exploring relevant biology clearly, and concisely illustrated by real-life cases. Flies are usually first on the scene of a death, and knowledge of their habits and lifestyles can help to reveal time of death, weeks or even years later. Part II provides a thorough examination of the law of scientific evidence worldwide, complete with case law and applicable code provisions, and legal issues relevant to the admissibility and use offorensic entomology in litigation. It will prepare both scientists and lawyers for real-world forays into the world of forensic entomology.

Preface to Part I

Plautus, one of the most popular dramatists in ancient Rome, put it best: “This man is a fly, my father, nothing can be concealed from him, whether secret or public, he is presently there and knows all the matter.” Even today, we still wish to be “the fly on the wall” at some secret meeting or momentous event. Not even Plautus could have dreamed that one day the intrusive fly would tell its story in court and help tip the scales of justice. For a good part of the 50 years that I studied flies as vectors of disease I had never associated flies with homicides. Few entomologists had during those years, and the name of Megnin, the founder of medico-legal entomology, was buried in the 100-year-old literature. It all changed in 1976 with my first case—a double murder—in which there weren’t even specimens, just photographs taken two years before. Since then, forensic entomology has become a ‘growth industry’ in countries around the world. Although still viewed by the public as something of an oddity, insect evidence is recognized by the courts and increasingly introduced in cases involving accidents, homicides, and suspicious deaths, especially where time of death is a key issue.

We focus on carrion flies as forensic indicators. Blowflies particularly are usually the first insects at a body, sometimes before the police arrive. As the initial colonizers they may arrive in minutes and lay eggs within a few hours. Their first generation provides a biological clock that more precisely measures the time of death for two or more weeks, than the medical examiner’s estimate which is limited to about a day or two. If the discovery of a body is delayed beyond the first generation of flies, the succeeding colonizers—various species of beetles and flies with more variable schedules of arrivals—will still provide a useful but less precise time of death.

The stakes are usually high when a forensic entomologist is hired. Sound science must be applied to the available evidence no matter the charge. In the courts, a healthy skepticism is replacing the acceptance of science on blind faith. To cite an example: that venerable icon of identification, fingerprinting, was never based on good scientific proof and has just fallen from its pedestal in one of the Federal courts. The entomology chapters provide a wealth of useful information on fly biology in a context relevant to entomologists everywhere, and hopefully, clear enough for lawyers to follow. It is a sad fact that science, on its way from laboratory to court, is sometimes transmuted under adversarial heat into pseudoscience. Given the limitations of our knowledge and experience, we have tried to expose the shoals and quicksands of the weaker side of forensic entomology as guides through the litigation process and for future research.

The fly is a magic carpet that has taken me from home base at the University of Illinois at Chicago to Mexico, Peru, Brazil, and Italy to unravel a few of its mysteries. I am deeply indebted to many colleagues and collaborators along the way. I am especially indebted to Hiromu Kurahashi of Japan, Frantisek Gregor of the Czech Republic, Juan Carlos Mariluis of Argentina, Baharudin Omar of Malaysia, and James E. Wallman of Australia for providing keys to the flies of forensic importance in their region. Others, after a stint in my laboratory, have returned to their home countries to establish forensic entomology.

John Kunich became a Professor of Law. He and my family pried me from semiretirement to write the entomology portion of this book. Now I am grateful that they did this and it is my sincere hope that the reader will be too.

I am grateful to Lon Kaufman, my Department Head, for his encouragement and essential logistical support, and to Matt Dean for his computer skills.

Bernard Greenberg
January, 2002.

Preface to Part II

This book represents more than “just” the first comprehensive treatment of the scientific and legal aspects of forensic entomology. For me, as a law professor and a litigator, it is also the vehicle for summarizing and analyzing the law of scientific evidence—a topic of great personal and professional interest to me because of my unconventional career path, which took me from a Master of Science degree in entomology to a Juris Doctor and Master of Laws.

My work on this book required me to move far beyond the familiar borders of United States law. I delved into the case law and statutory law of other major nations of the world as well, to make this truly a global resource for the legal practitioner and his or her scientific experts who face the complex task of evaluating and utilizing forensic entomology evidence and other scientific evidence in litigation. As the world of forensic science advances, the legal field is ever obliged to play “catch up” to handle the latest developments appropriately and ensure fairness and justice as the science enters the courtroom. I have endeavored to set forth the proper legal framework within which these issues can be addressed, worldwide.

My esteemed co-author, mentor, and friend, Professor Greenberg, has made this volume the definitive work on forensic entomology from the scientific perspective. It has been my privilege to have my words appear alongside his. It is my most sincere hope that my contributions concerning the law of scientific evidence in general, and forensic entomology in particular, will be judged worthy of this honor.

Professor John Charles Kunich