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Tuesday, May 18, 2010
Eyewitness Account of ‘Watershed’ Brain Scan Legal Hearing
A special session was held to determine whether brain scans that were generated by the company Cephos could be entered as evidence in the federal court case of Lorne Semrau, whom the government has accused of defrauding Medicare and Medicaid.
FMRI brain scan evidence has yet to be admitted for lie detection in court, and this case is the most serious consideration yet of the technique in an American court.
“It’s in some ways a potentially watershed moment,” said Owen Jones, a professor of law and biological sciences at Vanderbilt University, one of the few hearing observers in the nearly empty court room. “I had the sense throughout that, whichever this court decides, this was going to be a significant moment.”
In federal court, the admissibility of scientific evidence is governed by the Daubert standard, first established in the early 1990s. To be entered into the record, scientific evidence has to be empirically testable, subjected to peer review, have a calculable error rate, and be generally accepted by a relevant scientific community. Through a pretrial hearing, a judge decides whether the evidence offered meets these criteria.
In the Semrau case, Steven Laken, CEO of Cephos, is the expert witness whom the defense would use to bring in the brain scan evidence. He testified at the Daubert hearing on May 13 and 14. He was followed by plaintiff’s witnesses’ Marcus Raichle, a neuroscientist at Washington University in St. Louis, and Peter Imrey, a biostatistician at the Cleveland Clinic.
A transcript will likely become available, but in the meantime, Wired.com spoke with Jones, who is also the incoming director of the MacArthur Foundation Law and Neuroscience Project.
Wired.com: What was the tack the defense took in making its case?
Owen Jones: Their basic effort was devoted to demonstrating two things. First, that fMRI technology itself is sound, and second, that this specific application of fMRI to lie detection is sound and scientifically credible. There was much discussion of publications. Through Laken, the defense walked the judge through understanding a bit about how the technology worked and how the test was administered and why some people in the lie-detection community consider this technique to be scientifically valid.
Wired.com: What points did the prosecution focus on in cross-examination?
Jones: They focused on the fact that this would be the first case in which fMRI brain scan evidence like this would be admitted. Reference was made to the recent Brooklyn case, where it was not admitted. And there was some discussion about the extent to which Cephos stands to gain financially if this technique becomes widely acceptable. One of the things highlighted was the seeming inconsistency between some scans Cephos did of Semrau, some of which suggested that he was lying and some of which suggested that he was telling the truth. There was much discussion on Laken’s basis for discounting the scan session in which the conclusion was that the defendant was lying. Laken discounted the evidence because of the alleged fatigue of the defendant.
There was discussion on cross on general ecological validity, which means the degree to which real-world situations conform to the experiments done in the laboratory. The prosecution pointed out that there was a long duration between the event in question and the scan itself, roughly six to eight years. There was also much discussion about the difference in age between the defendant and the maximum and also median ages of subjects in published research studies. Semrau is 63 or 64, and in prior studies the oldest subjects were 50.
Certainly there was a lot of discussion about the alleged accuracy rates of the technology. And that’s obviously one of the important factors in the Daubert standard. The scientific expert is claiming that they have 100 percent accuracy at finding liars.
There was also discussion about the nature of the questions administered. Some of the questions were short. Some were long. Some were highly detailed. Others were quite general. So, there were questions about the methodology of the test and whether they were sound.
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Suicide Bomber Attacks U.S. Convoy in Kabul
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Ahmad Masood/Reuters
U.S. soldiers carried a body at the site of a suicide car bomb attack in Kabul on Tuesday.
The blast scattered body parts for 200 feet, as the injured, many of them women and children, some without limbs, lay in the road moaning for help.
In a passenger bus, an Afghan woman lay dead in her seat, cut in half, with her squirming baby still in her arms. Fifty yards away, a man’s head lay on the hood of a truck.
“I just dove on the ground to try to save myself,” said Mafouz Mahmoodi, an Afghan police officer. “And then I got up, and I saw the terrible scene.”
The Taliban took responsibility for the attack in a posting on its Web site, saying the group had dispatched a young man named Nizamuddin, a resident of Kabul. The Taliban said that Nizamuddin carried 1,500 pounds of explosives in his van.
It seemed likely that the bomber had cruised the city for some time looking for a target.
It was the worst such attack in Kabul in many weeks. The insurgency is a largely rural phenomenon in a largely rural country, and on most days the capital is quiet. Tuesday morning, it was not.
The attack came shortly before President Hamid Karzai prepared to speak to the press. Mr. Karzai had just returned from meeting with President Obama in Washington. The Karzai government is preparing, with the Americans and their NATO allies, to launch a major offensive around the southern city of Kandahar, the Taliban’s spiritual home.
A fireball went up after the attack as cars and trucks burned. Body parts and pieces of metal were scattered along the road, and the driver of a minibus was seen slumped dead at the wheel of his vehicle.
Two United States military helicopters arrived quickly at the scene and took away the American casualties. A large unit of American troops also arrived and sealed off the site.
“I got to the scene right afterward, and people were calling, ‘Help me, help me,’” said an ambulance driver, Yusef Tahiri, who evacuated six dead and two wounded. “There were body parts everywhere.”‘
He said an Afghan soldier approached him with a large red trash bag and said, “This is a bag of brains. What do you want me to do with this? Do you want me to bury it or do you want to take it?”
Abdul Hafiz, a guard at a nearby veterinary hospital, saw the explosion and ran into the street. “It was very dangerous,” he said. “It was very horrible.passion
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Gmedia is the leader and pioneer of China’s mobile 2D barcode area. With dozens of pending patents, Gmedia is on the top of the knowledge-rights Pyramid of 2D barcode. It has acquired 5 PCT so far and owns the largest number of patents in the mobile 2D barcode area in China. In 2006, Gmedia was awarded “100 Asia” by the renowned financial magazine Red Herring; and 2007, “Cool Company of the Year in China” and “2007 Annual Innovative Company of China IT Industry”, by Fortune and CCID.
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My Love That Never Happened
I had experienced some unhappiness during the summer vacation before I became a freshman in an unsatisfactory college. At that time, I was drowned in a depressed state without mood to do anything. I had no intention to pursue any romantic relationship, but I fell in love with him suddenly, unawarely, and out of my control.
He was the chairman of the poem society while I was a director of one branch. It was a youthful, passionate, and enthusiastic time. A group of juvenile people gathered to discuss the poem society‘s past and future. I was so happy that I devoted my whole heart to the society. I was delighted to be one of the group, and he was the most impressing one. It seemed that he also impressed on me very much. He lived in the eastern area of campus while I was in the western area. He often asked me to treat him once he came to the western area. We often played jokes each other.
Undoubtedly, we were happy when we got together. But at that time I just adored him without any romantic feelings.
A turning point came up when one night I had a dream, in which he asked me to be his girlfriend. After I woke up the next morning, the dream was so clear that I almost believed it had happened in the real world. Afterwards, I could not stop thinking of him. In other words, I became interested in him, who is full of stories and experiences. His parents got divorced when he was two years old, and he spent his childhood with his grandfather and grand grandmother. When he was ten years old, he moved to his mother‘s family, with a stepfather, two half-sisters and a half-brother, so I thought he had some self-pity. He was good at writing and could always skillfully write his experiences in his works. In reality, he was a humorous boy always with a fascinating smile. He never told us his sad feelings and unhappy experiences. In contrast, the stories in his writings were full of sorrows which shocked me deeply, so he was just like a puzzle to me. I pitied him so much that I felt sad for his sorrows. I could not control my feeling and curiosity, so I was eager to walk into his world and know more about him. What‘s more, I was eager to let him know more about me. Therefore, I got his QQ number from one of his old friends and began a cyber chat without giving my true name, but I told him my true feeling and my true life. I even hoped he could guess my true identity, thus I could make a judgment whether he cared about me. I was disappointed that he had no idea of who I was. During those days, it seemed that he liked talking with "HER". He often left messages to "HER" even when I wasn‘t online. However, I began to be self-condemned. My conscience told me it‘s unfair for him because I knew who he was in the reality but he knew nothing about me. Finally, I told him everything in the summer vacation. At first he was very angry, but later on he forgave me.
I didn‘t know whether something went wrong or we had changed. I found we lost happiness when we got together. I was sure I loved him so much but I tried every effort to hold back my feeling. I was afraid that he felt my feeling, and I even began self-deceit that I just appreciated him not for love but for friendship. I fought with myself, torturing my true feeling with sensibility, but it did exist with enormous power, and perhaps this’ s the very reason I succumbed to illness for a long time. When the long painful term passed, I decided to escape, escaping from his world. I left the poem society and decided to live my peaceful life. I believed time would be the painkiller. I hoped I would forget him as time elapsed. I wasn‘t confident enough to tell him my love and my pain, and I even thought my love was a mistake. To tell the truth, it was difficult for me to face him peacefully and treat him as a good friend. The only way to save myself is to escape from his world. A peaceful term of life came to an end, and I thought I could be his friend from then on, so I often went to his dormitory during the second summer vacation. Unfortunately, he was very indifferent, ignored my existence and never talked with me. Although I still kept a very peaceful appearance, chatting and laughing with another friend in his dormitory during the summer vacation, his attitude greatly saddened me, and the torrent was running in my heart. I told myself “I don’t care” again and again, but it came to no use at all, especially when I recalled the past. I didn‘t think he care me even if as a friend, which resulted in a cold feeling within my heart.
Our conflict eventually broke out on one night during the National Day. Selina, one of my old friends as well as his friend on Internet, came to see me from Shen Zhen. As I mentioned above, my heart was frozen with sadness. Without telling him, I asked junior brothers with me to pick up my good friend at 1 o’clock late in the night. We were so happy together that we almost forgot others in the world and sent no message to him during the first two days. On the third afternoon, he and another friend sent me a message and invited us to move around the city. When we were about to have dinner, I came across the junior brothers who accompanied us on the night when Selina arrived. I was so happy to see them and enthusiastically invited them to dinner. After they took their seats, he seemed to get a little angry. He unhappily stood on his feet and went to another table without any explanation. I was confused and didn’t know what wrong I had done just now. At first, I thought maybe it’s impolite for him that I invited some strangers without his agreement, so I went to pay the bill. But he looked very unhappy, kept silent, and ignored everybody during the whole night. I was very angry at his behavior and satire him deliberately with a cold tone. He later sent me a shocking e-mail, because I really hadn‘t meant that. He told me that he was very unhappy just because we sent him no message about my friend’s arrival. It had nothing to do with my invitation of strangers, and he was broken-hearted for what I had said to him that night. I didn’t know how to explain and dissolve the misunderstanding and had to let it be. But even in this e-mail I could not make sure whether he cared me or not because he wrote in such an obscure way.
I would never forget the moment when I was broken-hearted. A junior brother asked me whether he‘s always tired of talking with me, then the junior bother went on, "Do you know why?" I shook my head. "Because he thinks you’re self-arrogant." These words made everything before my eyes fall apart. I tried my best to calm myself down and asked, "How do you know that?” The junior brother explained that maybe the comment didn‘t come directly from his words but indirectly from others‘ summary of his words. At that time I felt my heart was torn into small pieces, and I resolutely decided to delete his name from my good friend list forever.
Time passed, but those joys and sorrows were still alive on my mind. I was not such a mindless girl who believed everything from other’s words. In fact, I didn’t believe what the junior brother had told me after I thought them over. But I still found it was difficult for me to be kind and friendly to him. Once I saw him, those words haunted around my ear and hurt me deeply. I couldn‘t even force myself to nod and greet him with a cheerful and warm smile. They at least reflected other’s opinions about what he thought of me, and this was what I cared about.
Now he has a girl friend and seems to live a happy life, but I think I still love him as before, because a pain does exist vividly and deeply in my heart anytime when I think of him, and he will be an inerasable pain deeply in my heart all my life.
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