The Unspent Bullet


A .40 caliber unspent cartridge found near the victims’ bodies was presented as a critical piece of physical evidence. State experts testified that toolmarks on the cartridge matched Allen’s Sig Sauer P226 handgun, asserting it had been cycled through his weapon. The prosecution emphasized that, after initial uncertainty, Allen’s gun was ultimately identified as the sole match.


The Defense Argument:

Initial Non-Match
The defense highlighted that the state’s own ballistics expert initially could not confirm the cartridge matched Allen’s gun. Only later was a match declared, raising questions about the reliability of the process and whether external pressures influenced the final conclusion.

Questionable Methodology
The defense challenged the scientific validity of comparing toolmarks on a fired cartridge (from test fires) to those on an unspent cartridge (cycled but not fired). This method lacks established reliability, as the mechanical actions differ significantly, potentially leading to erroneous conclusions.

Lack of Independent Verification
After the defense’s expert disputed the state’s findings, the prosecution failed to seek a third-party, independent ballistics analysis. This omission suggests a lack of confidence in the match and undermines the evidence’s credibility, as objective verification could have clarified the dispute.


The unspent bullet was the prosecution’s primary physical evidence, yet its reliability is questionable due to the initial non-match, dubious methodology, and absence of independent corroboration. Ballistics analysis, particularly for unfired cartridges, is not infallible, and the state’s failure to address these concerns weakens their case significantly. This evidence alone cannot justify a conviction, especially without forensic corroboration.


Learn More

The unspent bullet’s role in Richard Allen’s conviction rests on contested forensic firearm analysis, a field increasingly criticized for its scientific shortcomings. To understand the broader issues with this evidence, explore these authoritative sources:

Scientific American Article
Nicholas Scurich’s piece highlights systemic flaws in firearm forensics, including a Rhode Island case where examiners erroneously matched cartridge cases, exposing risks of wrongful convictions. Read the article »

Law, Probability and Risk Study
This Oxford University Press study reviews rigorous analyses, concluding that forensic firearm comparisons lack scientific validity due to methodological flaws, rendering error rates unknown and claims of bullet matches unreliable. Read the study »


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