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Brain Fingerprinting Comes to Forefront of Death Penalty Case

A year ago, we reported unfavorably on brain fingerprinting, a new technology trying to make its way into the criminal justice system. It's in the news again as its foremost proponent argues it shows a man about to be executed may be innocent:

The technique, called "brain fingerprinting", has already been tested by the FBI and has now become part of the key evidence to overturn the murder conviction of Jimmy Ray Slaughter who is facing execution in Oklahoma.

Brain Fingerprinting, developed by Dr Larry Farwell, chief scientist and founder of Brain Fingerprinting Laboratories, is a method of reading the brain's involuntary electrical activity in response to a subject being shown certain images relating to a crime.....it simply detects scientifically if that information is stored in the brain," says Dr Farwell.

"It doesn't depend upon the subjective interpretation of the person conducting the test. The computer monitors the information and comes up with information present or information absent." .... brain fingerprinting doesn't have anything to do with the emotions, whether a person is sweating or not; it simply detects scientifically if that information is stored in the brain

Dr. Farwell tested Jimmy Ray Slaughter a few days ago in the Oklahoma prison where he awaits execution next week:

A jury convicted Slaughter of shooting, stabbing and mutilating his former girlfriend, Melody Wuertz, and of shooting to death their eleven-month old-daughter, Jessica. The crimes for which he is sentenced to death took place in a house that he is very familiar with. The results were revealing.

"Jimmy Ray Slaughter did not know where in the house the murder took place; he didn't know where the mother's body was lying or what was on her clothing at the time of death - a salient fact in the case," says Dr Farwell.

"What I can say definitively from a scientific standpoint, is that Jimmy Ray Slaughter's brain does not contain a record of some of the most salient details about the murder for which he's been convicted and sentenced to death," says Dr Farwell.

We're still skeptical, but we're willing to be convinced.

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