Photogrammetry - Photograph Analysis
Photogrammetry
Despite what Judge Paul Czajka may have believed in the Nickel case, there is, in fact, a well-established science of analyzing photographs to objectively determine who is (and is not) depicted in them.
U2 [160] "Thomas Musheno conducts forensic examinations of photographic evidence for the FBI's Forensic Audio, Video, and Image Analysis Unit ('FAVIAU').
"Musheno's examinations can be broken down into four categories, including comparison analysis (for example, matching the image of a bank robber caught on tape and a person in custody) [and] photogrammetry analysis (calculating measurements, such as a robber's height, based on photographs)..."
U11 [450] "[T]he government called as a witness Dr. Richard Vorder Bruegge, an FBI image analyst with impressive credentials. Dr. Vorder Bruegge has worked for the FBI for the last twenty years and is presently assigned to the FBI's forensic audio, video, and image analysis unit as an examiner of questioned photographic evidence...[He] also conducts research in his field of expertise, provides instruction to others in law enforcement and forensic science, and serves on internal and external committees developing guidelines for the use of images in law enforcement.
"Dr. Vorder Bruegge received his fomal training at Brown University, where he earned a bachelor of science degree in engineering, and thereafter a master of science degree and a doctorate in geological sciences. Ten years ago he entered a two-year training program within the FBI laboratory designed to train examiners of questioned photographic evidence. The training included instruction in basic photography, laboratory photography, and forensic [451] photography; courses at the Rochester Institute of Technology on digital imaging, digital image processing, and the use of Adobe Photoshop, a software tool, in an engineering or technical environment; video training at the Sony Institute; and training in the use of a forensic platform called Avid.
"The most important part of Dr. Vorder Bruegge's training, however, was on the job, working on cases while being supervised by a qualified senior examiner. About 30% of his everyday practice deals with image authentication, which for the most part involves child pornography cases. Dr. Vorder Bruegge has worked on over a dozen such cases, in connection with which he has reviewed more than 10,000 images.
"Dr. Vorder Bruegge's expertise in his field has been recognized by his peers. He has been named a fellow of the American Academy of Forensic Sciences, which is the highest level of membership in the Academy and makes him eligible to be an official of the Academy. [He] is also a member of the International Association for Identification, and at the time served as chair of the scientific group of imaging technology ('SWGIT'). SWGIT is an organization of state, federal, and international law enforcement agencies, as well as members of academia, whose mission is the development of guidelines and best practices for the use of phtography and imaging sciences in law enforcement...Other relevant professional and scientific organizations to which [he] belongs include the American Society for Photogrammetry and Remote Sensing, the International Society for Optical Engineering, and the Sigma Xi honor society of research scientists."
[460] [from dissent:] "Considering the evidence presented by the government itself, I think it is proper to ask: Why should the FBI have a scientific laboratory (as testified to by Dr. Vorder Bruegge), with experts (such as Dr. Vorder Bruegge) dedicated to engaging in complex scientific analysis pursuant to an established methodology designed for the purpose of determining whether photographic evidence in its possession depicts real or virtual images, in the process of which the government undoubtedly spends considerable amounts of public funds, if anyone, as the government now claims, even someone without scientific, technical, or specialized knowledge, and without engaging in the scientific methodology described by Dr. Vorder Bruegge, can determine the reality of questioned photographs merely by looking at images alone?"
[The latter is precisely what the prosecution claimed -- and Judge Paul Czajka apparently bought -- in the Nickel case.]
J5 "Appearing on our Justice Now TV program, Albany Attorney John Kelleher described the horrendous ordeal of 17-year-old Jesse Spoleto. The Albany youth was arrested by State Police in November of 2004 and charged with stealing underwear from the lady next door. However despite evidence that included a signed confession and videotape that prosecutors claimed depicted Poleto committing the crime, it took jurors less than one hour to reach a 'not guilty' verdict. Using the skills of a forensic photographer and a dramatic courtroom presentation, Kelleher showed how the youth pictured on the videotape was not the defendant but was in fact another youth. Kelleher says despite overwhelming evidence that his client was not the underwear burglar the DA persisted in conducting the trial for almost a week. Said one juror after the verdict was read, 'This is a prosecution that never should have happened.' Kelleher blames both the State Police and the DA for putting his client through this traumatic experience."
[The defense tried to offer just this sort of evidence in Nickel's case, but Judge Paul Czajka didn't want to hear it.]
U10 [394] "Defense witness Richard Vorder Bruegge, an FBI evidence examiner, testified he was unable to positively identify Martin as the individual in the bank surveillance photograph, but stated that he was 'very close to making an identification.'"
[404] "In this case, Martin called Richard Vorder Bruegge, an expert in the field of photographic identification. Bruegge testified that he recieved copies of the bank surveillance photos, video footage from the bank's surveillance tape, and pictures of Martin in order to compare Martin's face to the robber. Bruegge explained that, when attempting to make an identification from photographs he compares scars, freckle patterns, the details of a person's ear pattern, shape of the eyes, shape of the nose, creases and lines on the person's face, blemishes on the face, and overall ear shape. He can reach any one of three conclusions: he can positively identify the suspect, eliminate the suspect, or not be able to reach any conclusion. After comparing photographs of Martin to the bank surveillance photographs, he was not able to tell if Martin is the person depicted in the surveillance photographs."
G9 [239] "The expert testiony at issue in this case was first presented in the federal habeas proceeding by Gregg Stutchman, an expert in photogrammetry, which is the 'art, science and technology of obtaining reliable information about objects and their environments from a process of recording, measuring and interpreting photographic images...' [240] Stutchman analyzed multiple still photographs created from the crime-scene videotape of the robbery for which Hutchinson was convicted and concluded that the suspect was too short to have been Hutchinson. The district court found Stutchman's testimony to be credible and characterized it as 'very persuasive' for assessing 'the expert testimony available at the time of Petitioner's trial to establish that the suspect depicted in the photographs derived from the videotape was significantly shorter than the Petitioner.'"
[242] "The district court found the defense expert's testimony credible and very persuasive, and we defer to this judgment."
Z1 "Intelligence officials have long suspected that the Iraqi leader [at the time, Saddam Hussein] makes ample use of body-doubles -- an idea reinforced two weeks ago when a German television news program asked a forensic pathologist to examine hundreds of archived photographs and video stills of the Iraqi leader. The pathologist, Dr. Pieter Buhmann of Homberg University in Saarland, determined that there are at least three Saddam Hussein lookalikes in rotation, making public appearances, firing rifles, smoking cigars, waving and strutting...The differences can seem remarkably subtle. In some instances, Dr. Buhmann suggested, the face of the doppelganger was just a hair too wide. In others, the area under the mouth was just a bit too small and low."
[from caption and photos:] "'The Many Faces of Saddam': Spotting impostor Saddams can be a daunting business. Facial features need to be scrutinized, mustaches and eyebrows measured. Here's how a German team went about it. 'Forest of Faces.' Hundreds of photographs and video stills of Saddam Hussein were examined, looking for similar angles and profiles. The best shots were selected for digital enhancement so that facial features could be compared. In the end, the research suggested that Saddam uses at least three different doubles. At left, what might be called a boatful of them. These four images came from the German research project. Can you spot the real Saddam among the impostors? 'Lining them up.' As images were selected, they were resized to align facial features with those images known to be of the real Saddam Hussein. 'Reference Points.' Facial relationships that should remain stable over time, such as the width of the eyes, were mapped, measured and compared...Both in war and times of peace, most governments make use of doubles -- for security reasons or otherwise. 'Good Guys.' At Gibraltar and in Algiers Clifton James (bottom image) doubled for Field Marshall Viscount Montgomery (top). 'Bad Guys.' Mao Zedong's double was spotted by analyzing his ear (below). In the book 'Photo Fakery,' the middle Mao is said to be the impostor. 'And Buffoons.' Uganda's Idi Amin was known to employ a body-double -- most frequently when he thought he was in danger of being shot. The real Mr. Amin is in the bottom image."
B2 [from 'About the Author' section:] "[Dino Brugioni] joined the Central Intelligence Agency in 1948 and became an expert on Soviet industrial installations. In 1955, he was selected as a member of the cadre of founding officers of the National Photographic Interpretations Center. As a senior officer of the Center, he was not only involved in the exploitation of U-2, SR-71, and satellite imagery, but also became the CIA expert in photo fakery and photo manipulation. He is the author of Eyeball to Eyeball, which discusses the critical role aerial photography played during the Cuban Missile Crisis. He also discovered and analyzed World War II aerial photography taken of the Auschwitz-Birkenau death camp. Since his retirement from the CIA in 1982, he has written extensively on a variety of topics including aerial and satellite photography."
[61] "A variety of techniques, many computer assisted, has often made it difficult for a layperson to distinguish a true photo from those that have been doctored or faked...[62] [M]any times experts from a variety of disciplines have been brought in to challenge the authenticity of a photograph. These might include photo interpreters, photogrammetrists, chemical analysts, paper analysts, subjective experts, and technologists. Each discipline has a variety of techniques of authentication."
[64] "In July 1991, a grainy photo was circulated of three middle-aged Caucasian men, smiling, apparently well-fed, grouped around a cryptic sign with the date 25 May 1990. The photo, allegedly taken in Cambodia, supposedly showed three American aviators who had been held captive for more than twenty years...[65] There is an old saying, 'If you want to believe, you will believe.' The photo, in addition to Colonel Robertson and Lieutenant Commander Stevens, also supposedly showed Air Force Major Albro J. Lundy, Jr., according to Lundy's family. The families maintained unequivocally that the photo was authentic. They were utterly convinced that Robertson, Lundy, and Stevens were alive and in captivity somewhere in Southeast Asia. This belief prompted a yearlong odyssey by the Defense Department, using a variety of techniques and talents, to try to determine whether the photo of the three men was authentic...Interpretation and analysis of the photo showed a number of anomalies. The haircuts, round faces, and mustaches of the subjects were consistent with Russian or Eastern European appearances...[66] Further research by the Defense Department revealed that the picture was a doctored reproduction of a 1923 photo of three Soviet farmers..."
[Note that the families of all three of the missing officers were firmly convinced of the photo's authenticity. But sadly, they were, simply, wrong. People with various interests and perspectives may want to believe that a given photograph depicts or does not depict (a) certain person(s). But wishing does not make it so. Only objective science can reveal the truth.]
['If you want to believe, you will believe.' In the Nickel case, Investigator Ronald Bates convinced himself that an image (which had actually been deleted from a disc purportedly in Nickel's possession) depicted Nickel and 'Arthur' . Bates appeared to have been bound and determined to find at least one pornographic image depicting one of the three alleged victims in this case. So, he 'found' (the) one (that came the closest), thus undoubtedly making him a hero to his peers and superiors.]
[69] "When analyzing a photograph, nothing is as important as considering sources of light and shadows...When studio or indoor lighting is involved, of course, shadows might fall in more than one direction. By analyzing the highlights of illumination and shadows on such photos, it usually can be determined whether the lighting is natural or cast by a flash source."
[83] "Just as a field or forest in an aerial photo can be precisely measured and the topographic features mapped, so can a face and body be mapped."
<<
[85] "Provided with pre-capture photos of General Dean and the Communist-released photo, Arthur C. Lundahl, the dean of American photogrammetrists, began a time-consuming and detailed analysis and measuring of the General's face on the various photos. Lundahl placed special emphasis on measurements of Dean's eyes, the distances between his eyes, his ears, and precise measurements of his nose and lips. Lundahl said he had 'triangulated' Dean's face as one would survey a field. After comparing his measurements, derived from sophisticated mapping instruments called comparators, with those in the pre-capture pictures, Lundahl was able to make a firm judgment that General Dean was indeed the individual pictured in the North Korean photo."
[106] "When examining facial features, the outside and inside edges of the hair, eyebrows, ears, nose, nostrils, chin, and lips are carefully compared."
[107] "About the same time that the previously discussed photo of the three supposed downed flyers in Vietnam were released, a grainy colored photo of a smiling middle-aged man supposedly taken in Laos in 1990 surfaced. Jack Bailey, a retired Air Force Colonel and POW activist, said he obtained the photo from 'close Laotian government officials' in Laos in 1990. The photo, purporting to show a missing POW in a Laotian prison camp, bore a striking resemblance to Special Forces Army Captain Donald G. Carr, missing in action since disappearing inside Laos in 1971. Family members positively identified the man as Captain Carr."
"[P]hysical differences between Captain Carr and the photo subject were apparent. The spacing and shape of the eyebrows were markedly different; no hair was observed on the chest of the subject; there are differences in eyefolds; the acne and facial scars on Carr's face were not visible; and there were vagaries in the color of the hair of the photo subject.
"The quest continued until the man in the photo was identified as a German national named Gunther Dittrich. Department of Defense investigators interviewed Dittrich in a German prison, where he was serving a sentence for illegally importing exotic Asian birds and confirmed he was the man in the photo. He had been photographed in Thailand catching birds."
[108] [all photos and captions:] "Several experts claimed that the individual in the prison camp photo was missing Army Captain Donald G. Carr. The author had the two photos superimposed, and they revealed a number of anomalies. While the brows show similarities, neither the ears nor the inner ear configurations match. The prison camp individual has a dimple and Carr does not...Sketches made from the two photos highlighted glaring differences in the ears, nose, brow, and chin."
[153] "Probably the best known system for positive identification of doubles was devised by a French statistician and criminologist, Alphonse Bertillon. The Bertillon system, devised in 1878-1880, used records of anthropometric measurements of such characteristics as the color of the eyes and hair, scars, and deformities. A feature of the Bertillon system known as the portrait parle (front and side view portraits taken of known criminals) is still used today by most police organizations."
[154] "Other than a fingerprint, the ear is the best human feature for making a positive identification of an individual. The use of photogrammetric measurement is the first and foremost method for doing this."
[156] "The odds of two different ears being exactly alike are astronomical -- not even the ears of the same individual. The ear begins to form after the thirty-eighth day of conception and continues to develop until the time of birth. It does not reach maturity until nine or twelve months after birth. The ear will continue to grow proportionally during the adolescent and maturation years. In advanced age, the lobe will usually lengthen.
"The ear, in its use as an identification criterion, is made up of thirteen parts that can be used for comparison purposes. There are several ear identification systems, but perhaps the best known is that devised by Alfred [157] Iannerelli. Police and investigative units frequently use the physical characteristics of the ear in making positive identification. In addition to carefully analyzing th physical features, they can also be measured, and its contour traced in a manner similar to that employed in creating a map. By carefully matching known characteristics with those that are suspect, the differences become very apparent."
--- Now, to highlight what the above sources, as well as Nickel's proposed defense photography expert (McEvoy), have to say about the actual need for expertise in this area:
'The government called as a witness Dr. Richard Vorder Bruegge, an FBI image analyst with impressive credentials...[He is part of an] image analysis unit as an examiner of questioned photographic evidence ...He also conducts research in his field of expertise ...Dr. Vorder Bruegge's expertise in this field has been recognized by his peers.'
'Gregg Stutchman [is] an expert in photogrammetry , which is "the art, science and technology of obtaining reliable information about objects and their environments from a process of recording, measuring and interpreting photographic images..."'
'Many times experts from a variety of disciplines have been brought in to challenge the authenticity of a photograph.'
Next, to the time-consuming aspect of this process:
'Arthur C. Lundahl, the dean of American photogrammetrists , began a time-consuming and detailed analysis and measuring of the General's face on the various photos.'
This is very similar to what McEvoy said at Nickel's trial: "This amounts to a great deal of observance, and mental notation."
As to the issue of the stability of one's physical features over time:
'Facial features that should remain stable over time , such as the width of the eyes, were mapped, measured and compared.'
McEvoy at Nickel's trial:
"His physical features would -- I would expect to be the same [over time]."
Now to the actual methods involved and physical features compared in expert photogrammetric analysis:
First, the physical features mentioned in the above cites:
scars, freckle patterns, eyes, nose (and nostrils), face (crease lines, acne), ears, lips, hair, eyebrows, chin, body hair, dimples, and cheeks.
Features McEvoy discussed at Nickel's trial, as well as in his prepared report:
Ears, nose/nostril, hairline, body hair, face, forehead, cheek bone, eye socket, teeth.
In sum, at Nickel's trial and in his prepared report, McEvoy compared the very same physical features which other experts cited above in photogrammetric analysis.
Now to highlight the above sources' methodological details:
'Bruegge explained that, when attempting to make an identification from photographs he compares scars, freckle patterns, the details of a person's ear pattern, shape of the eyes, shape of the nose, creases and lines on the person's face, blemishes on the face, and overall ear shape.'
'Lundahl placed special emphasis on measurement of Dean's eyes, the distances between his eyes, his ears, and precise measurements of his nose and lips.'
[It should be noted that, in the Nickel case, McEvoy really couldn't examine eyes/eye width, because the older person in the sex photo can only be seen in profile .]
'When examining facial features, the outside and inside edges of the hair, eyebrows, ears, nose, nostrils, chin, and lips are carefully compared.'
'Physical differences between Captain Carr and the photo subject were apparent. The spacing and shape of the eyebrows were markedly different; no hair was observed on the chest of the subject; there are differences in eyefolds; the acne and facial scars on Carr's face were not visible...'
'Neither the ears nor the inner ear configurations match. The prison camp individual has a dimple and Carr does not. The lips do not match and neither do the eyebrows and cheeks. In addition, it was known that Carr had [a] hairy chest and acne scars while the prison camp individual does not...Sketches made from the two photos highlighted glaring differences in the ears, nose, brow, and chin.'
Now to McEvoy. At trial, defense counsel asked him the following questions, all of which McEvoy answered 'yes':
"Have you made examinations of images of characteristics of the nose and nostril areas?...examination and comparisons dealing with the hairline?...comparisons dealing with body hair?...And one's face?...the construction of one's forehead?...the cheekbone and eye socket?"
Then McEvoy explained: "You look for the geometric nature and patterning defects, if you will...The shape...of one's nose...one's ear, teeth, nostrils, hair pattern...'
Now to McEvoy's prepared report:
"Body Hair Pattern Characteristics of chest, arm, hand, and back are different between images...The adult male [in the sex photo] displays less hair on the forearms, wrist, and back of hands...[He] has a chest pattern that displays a higher chest-to-width pattern with less width to the pattern...There is more hair on the back and shoulders..."
"Nose shape, Nose Bridge Angle of Protrusion and Nare Shapes...The nose shapes are different. The adult [in the sex photo] has a slight downward curvature (from bridge to tip). Jeffrey Nickel has a straighter line...Jeffrey Nickel has a less prominent nose bridge than the adult in [the sex photo]...The nares are different shapes. Jeffrey Nickel has ellipical, 'comma-shaped' nares. The adult in [the sex photo] has a nearly 'square-shaped' nare. The nostril of Jeffrey Nicel is more 'blended' to the...nose than the nostril shown on the adult in [the sex photo]."
Next, because analysis of the ear goes into great detail, we have separated this out from other physical features:
First, cited material:
'Mao Zedong's [body] double was spotted by analyzing his ear...'
'Other than a fingerprint, the ear is the best human feature for making a positive identification of an individual. The use of photogrammetric measurement is the first and foreost method for doing this.'
'The ear, in its use as an identification criterion, is made up of thirteen parts that can be used for comparison purposes. There are several ear identification systems, but perhaps the best known is that devised by Alfred Iannerelli. Police and investigative units frequently use the physical characteristics of the ear in making positive identification. In addition to carefully analyzing the physical features, the ear can also be measured and its contour traced in a manner similar to that employed in creating a map. By carefully matching known charcteristics with those that are suspect, the differences become very apparent.'
At Nickel's trial, defense counsel asked McEvoy: "Have you...made comparisons of ear style and design?," to which McEvoy responded, "Yes." Now to McEvoy's report:
"Ear Shape and Pattern characteristics of the adult[s]...are different...The adult ear in [the sex photo] is shaped like a reverse question mark with a distinct descending 'squared-off' lobe. Jeffrey Nickel displays an ear that is 'C' shaped without a prominent descending lower lobe...The ear labyrinth patterns of Jeffrey Nickel and the adult in the image are also dissimilar."
Also noteworthy is the fact that both of the above-cited sources, as well as McEvoy at trial, mentioned a sysrtem developed by Alphonse Bertillon:
Above source: 'The Bertillon system, devised in 1878-1880, used records of anthropomorphic measurements of such characteristics as the color of the eyes and hair, scars, and deformities.'
McEvoy at Nickel's trial: "There's a method...called Bertillon...it was there at the turn of the century, and part of the Bertillon method was ear shape and the like."
And, lastly, one above source ad McEvoy's trial testimony are largely in agreement regarding conclusions :
Above source: 'He can reach any one of three conclusions: he can positively identify the suspect, eliminate the suspect, or not be able to reach any conclusion.'
McEvoy at trial: "My job in doing a recognition or comparison between images is to see if there are unique features that will either eliminate, or positively identify...the person in question."
[As is clear from McEvoy's report, he did, in fact, eliminate Nickel as the older person in the sex photo.]
