Tuesday, July 7, 2026

July 7: Anthony Broadwater: Syracuse: Junk hair analysis, the FBI, a rape victim's memoir, an innocent man, and so much more in this fascinating tale: Question of the day: (Asked by Investigative Reporter Joaquin Sapien in in his very fine ProPublica article: The Setting: "Five years after Anthony Broadwater was belatedly cleared for the sexual assault of Alice Sebold, the questions of how he came to be wrongly convicted and how one or more serial rapists operated for years with little consequence have only deepened."..."Syracuse’s criminal justice system was chaotic during the 1980s and ’90s. One prosecutor would get into a scuffle, on live TV, with a candidate who had just won the race for DA. The police crime lab would lose its accreditation. The doctor who led the county medical examiner’s office resigned after an investigation found he had routinely removed organs from corpses without consent from the victims’ families. His employees had posed playfully for photos over the body of a woman who had died by suicide. Given the level of dysfunction — and the fact that DNA evidence hadn’t yet come into use in the early ’80s — rape was particularly difficult to investigate. Survivors were wary, corroborating evidence hard to find. The Syracuse Police Department had no separate sex crimes unit at the time, and officers were still using typewriters. “We were doing everything from homicide to robberies,” one supervisor of detectives during this era told me. He remembered nights with 18 felonies and fewer than a dozen detectives to work them. “A person with a knife in their back or a guy who got shot is going to take priority over a two-week-old rape case,” he said."



PASSAGE ONE OF THE DAY: "Aside from Sebold’s identification, the only other piece of evidence was the pubic hair Broadwater volunteered, which was compared to a hair found on Sebold after the rape. The two hairs were examined under a microscope by a lab expert who testified that they were “consistent” with each other. That essentially meant that both had come from a Black person. There were approximately 27 million Black Americans at that time. (In the absence of DNA technology, the prosecution could have tested the semen found in Sebold to determine its blood type, but it never did. That would have narrowed the list of possible perpetrators to only those with the specific blood type.)"

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PASSAGE TWO OF THE DAY: 'Sebold’s memoir, which ultimately sold 1 million copies after “The Lovely Bones” became a hit, eventually generated interest in Hollywood. Producers wanted to make a film version of “Lucky,” and several contacted Clapper as part of their research for writing a script. Laurie Parker, a producer then working with director Jane Campion as part of a project that Sebold was cooperating with, reached Clapper in 2013. Parker said Clapper emailed her that there were questions about the case: No. 1, was the right person arrested? No. 2, was Sebold a good witness? No. 3, if DNA testing had been available, would there have been the same outcome? Parker tried to get him to elaborate, but he didn’t respond. Clapper himself looked into getting a DNA test done on the pubic hair more than 20 years after Broadwater’s conviction, according to his statement. But when Clapper called the Syracuse police crime lab, he was told the hair had been destroyed.
 Parker, tasked with writing a script based on “Lucky,” became increasingly consumed with doubts: “I had a feeling, a very strong feeling, that at best it was an illegal conviction and at worst, they got the wrong person,” she said. Her script was rejected in 2014. (The director had gotten busy with other projects, according to Sebold.)

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PASSAGE THREE OF THE DAY: "The next year, in 2015, came an unrelated event — unknown to Broadwater — that further undermined the credibility of his conviction. The FBI, working with the Department of Justice and two advocacy groups, released the findings of a national review of cases in which hair evidence had been used. The study reported that expert hair testimony in 90% of the 500 trial transcripts they’d examined included “erroneous statements” and noted that the FBI no longer used such evidence. The study “strongly” encouraged states to review past convictions in which hair analysis had played a role.  At the time, Fitzpatrick was on a state commission that sets standards for crime laboratories. He was also feuding with the Syracuse Police Department. The two sides publicly savaged each other, with dueling allegations of mishandling forensic evidence, among other things. The Police Department, Fitzpatrick told me recently, was run by “fucking morons” back then and its lab was antiquated. Shawn Broton, a deputy police chief at the time, said Fitzpatrick had used the state commission as a “weapon” against the Police Department and worked to consolidate power for himself.'

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PASSAGE FOUR OF THE DAY:  "As a result of the FBI review, Fitzpatrick’s office examined New York cases that had used hair evidence. But that effort did not unearth Broadwater’s case. It relied on electronic searches for the word “hair” in appeals court opinions. The appeals court opinion in Broadwater’s case — all of two paragraphs long — didn’t mention the word. Fitzpatrick told me that his staff had also reviewed all the cases in which the hair analyst in Broadwater’s case had testified, but it concentrated on defendants who were still incarcerated. Broadwater had been out of prison for more than a decade by then. Another chance to reveal the flaws in his case had been missed. The study reported that expert hair testimony in 90% of the 500 trial transcripts they’d examined included “erroneous statements” and noted that the FBI no longer used such evidence."

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STORY: "That Guy Is Still Out There,” by Joaquin Sapien, published by ProPublica, on June 30, 2026. (Joaquin Sapien covers criminal justice and social services for ProPublica. (Jose Sapien was one of the first reporters hired at ProPublica in its first year of publishing in 2008. Since then, his journalism has explored a broad range of topics, including criminal justice, social services, and the environment. In 2019, he was a co-producer and correspondent for “Right to Fail,” a film for the PBS documentary series Frontline. The film was based on his 2018 examination of a flawed housing program for New Yorkers with mental illness, which appeared in the New York Times. The story immediately prompted a federal judge to order an independent investigation into the program. It won a Deadline Club Award,  a Katherine Schneider Journalism Award for Excellence in Reporting on Disability.)..." This article contains graphic descriptions of sexual violence. The survivors identified by name have publicly shared explicit details of their assaults in the past....ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published. This article was reported in collaboration with Jigsaw Productions, which is producing a documentary for HBO directed by Ophelia Harutyunyan and produced by Alex Gibney.

SUB-HEADING: "Five years after Anthony Broadwater was belatedly cleared for the sexual assault of Alice Sebold, the questions of how he came to be wrongly convicted and how one or more serial rapists operated for years with little consequence have only deepened.

This article contains graphic descriptions of sexual violence. The survivors identified by name have publicly shared explicit details of their assaults in the past....ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up to receive our biggest stories as soon as they’re published.

This article was reported in collaboration with Jigsaw Productions, which is producing a documentary for HBO directed by Ophelia Harutyunyan and produced by Alex Gibney.

GIST: "It took less than a day for the detective to give up on the case. A patrol officer had reported a harrowing, violent midnight rape in a Syracuse, New York, park. Hospital records recounted that the victim, an 18-year-old freshman at Syracuse University, was “crying uncontrollably.” Her face was bruised, and she had scratches on her neck. Her hymen had been lacerated in two places. Her urine was “grossly bloody,” according to the hospital report, and there was semen inside her.

At 8 on the morning after the assault, after the victim looked fruitlessly through books of mug shots in hopes of identifying her assailant, Syracuse detective George Lorenz interviewed her. She had been awake most of the night for a first police interview, followed by forensic and medical exams: everything from gathering physical evidence of the rape to X-rays of her skull because the attacker had pounded her head on a brick walkway. To alleviate the pain from her injuries, she had been given Demerol, a powerful opioid.

Lorenz, a burly 17-year veteran of the department who had worked as a meat cutter and truck driver before becoming a police officer, seemed annoyed that she had trouble staying awake, according to her subsequent account. “That’s inconsequential, just the facts,” he barked when he thought she was providing extraneous detail.

The detective was dubious that a rape had occurred, according to his preliminary report. “It is this writer’s opinion, after interview of the victim, that this case, as presented by the victim, is not completely factual,” he wrote. After speaking to the male student whom the victim had been visiting before she was attacked, the detective checked the crime scene for anything his colleagues, who had recovered a knife and the victim’s glasses, might have missed.

That was the totality of Lorenz’s investigation. Five hours after receiving the case, in a report marked 13:00 on May 8, 1981, he placed it in the “inactive file pending further info.” The consequences of that decision are still playing out nearly a half-century later.

Alice Sebold returned to campus for the fall semester that year, aware that nobody was looking for her rapist. She happened to encounter a man on the street and, with a jolt of terrified recognition, was certain she recognized her attacker. Sebold brought him to the attention of the police. Her testimony convicted the man, who spent 16 years in prison and nearly 23 more as a registered sex offender.

Sebold was no ordinary survivor. At a time when few even reported rapes, she publicly described her experience in searing detail — in op-eds, on “Oprah” and then in a memoir about the attack and its aftermath — inspiring others to speak out rather than live in silent shame. That memoir, “Lucky,” was published in 1999, then sold a million copies after her first novel, “The Lovely Bones,” became a publishing phenomenon and, later, a Hollywood movie. Years after that, an attempt to turn “Lucky” into a movie led screenwriters and producers to examine the badly flawed police work and prosecution stemming from the assault of Sebold. The details had been sitting in plain sight in Sebold’s memoir.

The case publicly disintegrated in 2021 when a judge vacated the conviction of Anthony Broadwater and Syracuse’s district attorney said in court that the prosecution “should never have happened.” Involving, as it did, a white woman accusing a poor Black man of rape, and coming back to court a year after the convulsions caused by the murder of George Floyd, the news detonated in the media, with Sebold vilified even after she apologized to Broadwater. The case was yet another reminder, if reminder was needed, of the racism in the U.S. justice system. And what had once been a central identity for Sebold — a person who had built a voice and a career out of standing up to sexual violence — suddenly turned on its head.

As all of those details unspooled in court, on television, and in the pages of The New York Times and the Syracuse press, two former colleagues of mine began to report on the case. One detail lost in the frenzy raised the question of how many other victims had been left behind and what else the police might have missed: The district attorney said in court that there had been other rapes in the same park where Sebold had been attacked, including one a little over a week after Broadwater’s conviction. The DA expressed frustration that “nobody might have put two and two together back then.” My former colleagues moved on to other projects and publications.

Eventually my editors asked me to pick up where they left off. What could we uncover if we tried today to investigate the case that the Syracuse police never truly investigated — Sebold’s — as well as any others that may have been related? Could we untangle how things went so wrong and perhaps even point to a potential culprit? And if the authorities had bungled the case this badly, what mistakes had they made in other cases and what could be learned from those errors?

As an investigative reporter with almost two decades at ProPublica, many of those years focused on criminal justice, I have delved into countless cases gone wrong. On one occasion, I set out to report an article on a man unjustly convicted of murder — a case where an appeals court had belatedly found prosecutorial misconduct serious enough to overturn his conviction — only to have the man confess to me that in fact he had pulled the trigger. He recounted the victim’s dying words and told me, “I did what I had to do.”

Sebold’s case would turn out to be far more complex than that one, and its layers and effects far broader than what emerged in the wake of the exoneration. There were even more turns — including civil litigation that continues to this day — in what was already a baroque narrative.

Or so I would learn after I embarked on what became two and a half years of reporting, trying to excavate the Syracuse criminal justice system in an era before DNA evidence and cellphones, before the Police Department even had computers, a time in which cities all over the country were grappling with a massive rise in violent crime. Reconstructing the truth decades after the fact, needless to say, is even harder than trying to pin it down in the moment.

What’s clear is that no part of the system in Syracuse at the time could be depended on. Police brushed off rapes. Prosecutors bungled confessions or were defeated at trial. Judges overlooked irregularities. And one of the most powerful institutions in the city, Syracuse University, seemed more interested in suppressing news of a rape epidemic than solving it. There were police reports of sexual assaults near the campus marked “no press.” A former detective testified that the files were marked that way at the university’s request.

In this atmosphere, at least one serial rapist was on the streets — and sexual assaults that closely resembled Sebold’s continued for years, even while Broadwater was behind bars. Meanwhile, the case gnawed at former Syracuse detective Paul Clapper. He wondered whether the wrong man had been sent to prison. After he left the force, he raised the name of a confessed and convicted rapist who closely matched the physical description of Sebold’s assailant but committed most of his crimes indoors rather than outside.

That man’s record was lengthy and violent. I eventually found myself knocking on his battered door, wondering whether, at long last, I had found the true perpetrator. Or was I falling into the same trap that the Syracuse criminal justice system had tumbled into when it wrongly convicted Anthony Broadwater 44 years ago?

When Alice Sebold arrived as a college freshman in 1980, Syracuse was a city in decline. It had risen a century and a half earlier because of its proximity to the Erie Canal, then for decades was the site of factories for companies like General Electric and Carrier Corp. By the 1970s, those companies were closing facilities. Poverty climbed and the city’s population dwindled, emptying rows of Victorian homes that had housed generations of working-class families. Syracuse’s downtown, already severed by the interstate highway, withered.

One institution, however, was flourishing: Syracuse University. Enrollment surged, its sports teams excelled and new buildings rose. The university was a bubble inside the city, according to former students.

Sebold was drawn by the school’s distinguished poetry program. Raised in a household of voracious readers in suburban Philadelphia, her father a professor of Spanish at the University of Pennsylvania and her mother having worked for magazines, Sebold disdained the university’s frat culture. She preferred to skip the keg parties in her dorm and instead lounged in the basement of the art building, drinking endless cups of instant coffee and reading Emily Dickinson.

Just after midnight, on May 8, 1981, the last night of her freshman year, she was attacked. Sebold was crossing through Thornden Park on her way back to her dorm from a friend’s apartment. A stranger grabbed her from behind as she walked along a brick path. He put one hand over her mouth and threatened her with a knife. “I’ll kill you if you scream,” he said. Over a period of more than an hour, according to police reports and Sebold’s memoir, the assailant bludgeoned Sebold with his fists, pounded her skull into the brick and choked her.

Sebold frantically searched for words to deter him: She told him she was a virgin, then an orphan. She offered him the $8 she had in her back pocket. He laughed and said he wasn’t interested in that.

He forced her to kiss him, then to undress. He made clear she was not his first victim. “You’re the worst bitch I’ve ever done this to,” he said.

Then, when he was done, he fell asleep on top of her. She tried to escape, but he woke up and offered a tearful apology. “You’re a good girl,” he said. “I’m so sorry.” He told her to kiss him good night and called her beautiful. “It was a date to him,” she wrote in “Lucky.”

Just as quickly, he reverted to hostility. The attacker pocketed her $8 after all. He let her go, then asked her name as she walked away. “Alice,” she told him, writing later, “I didn’t have a name other than my own to say.”

“Nice knowing you, Alice,” he said. “See you around sometime.”

Thornden Park, where Sebold had been assaulted, was both a refuge and a menacing locale adjacent to the university. Once the estate of a salt baron, the rolling 76-acre park had broad fields — with tennis courts, a pool and an earthen amphitheater — as well as dense clusters of maple and oak trees that provided dark, isolated enclaves where an attack might go unnoticed.

The park had been the site of two sexual attacks seven months before Sebold’s rape. A third had occurred a block away. The reports in those cases had also been quickly consigned to the inactive file.

One woman had told police that a man dragged her into a wooded section of the park. When she resisted, the report stated, he “began to punch her in the face” and “ordered her to remove her pants.”

As with Sebold’s case, the police report was dismissive. One officer asserted that the victim was “retarded” and had run away from a nearby halfway house. The staff there said that she had complained of a similar incident two weeks prior and that she was having “difficulty adjusting.” The case was put on ice just hours after it had been reported.

Four days later, another young woman was making her way across Thornden Park when a man in a ski cap grabbed her by the neck and put a knife to her face. As she squirmed and tried to push him off, the man struggled to pull off his pants and hers. The woman suddenly realized the weapon was just a table knife, so she screamed as loud as she could and he ran away.

There was no indication in the police reports that these attacks might have been connected. Nor was there much evidence of public alarm. I found no articles about any of these October 1980 assaults in newspaper archives.

Trying to piece this information together was daunting and complicated. My colleagues and I made more than two dozen requests for all manner of law enforcement records from the Syracuse district attorney’s office, Police Department, the state prison system, local jails, archives and courts. Many were initially denied. After appeals, I wound up with thousands of pages of documents. There was little or no organization among them, and some were scrawled in barely decipherable handwriting. Even the redactions were haphazard, with some names still visible.

I started to map out the attacks around Thornden Park, using police reports and stray newspaper clips for some of the later ones. The numbers and proximity were jarring. More than a dozen women reported being raped or attacked by strangers within half a square mile over four years.

Women were being sexually assaulted in their dorm rooms and in student apartments, walking out of grocery stores or on their way to the library. A nursing student was attacked at the same spot as Sebold, on the same day that her roommate was raped in their shared apartment. A freshman was raped in a sorority house by a man who broke in through a window. The descriptions of the perpetrators were often eerily similar. They frequently carried a knife. And several were roughly the same height, weight and race.

It appeared that there was a public safety crisis emanating from the park area, with no sign of urgency from law enforcement.

Syracuse’s criminal justice system was chaotic during the 1980s and ’90s. One prosecutor would get into a scuffle, on live TV, with a candidate who had just won the race for DA. The police crime lab would lose its accreditation. The doctor who led the county medical examiner’s office resigned after an investigation found he had routinely removed organs from corpses without consent from the victims’ families. His employees had posed playfully for photos over the body of a woman who had died by suicide.

Given the level of dysfunction — and the fact that DNA evidence hadn’t yet come into use in the early ’80s — rape was particularly difficult to investigate. Survivors were wary, corroborating evidence hard to find. The Syracuse Police Department had no separate sex crimes unit at the time, and officers were still using typewriters.

“We were doing everything from homicide to robberies,” one supervisor of detectives during this era told me. He remembered nights with 18 felonies and fewer than a dozen detectives to work them. “A person with a knife in their back or a guy who got shot is going to take priority over a two-week-old rape case,” he said.

“A person with a knife in their back or a guy who got shot is going to take priority over a two-week-old rape case,” one supervisor of detectives said.

There was another impediment in those days: Syracuse University. I found a police report from 1980 on which someone had scrawled the words “NO PRESS.” A 19-year-old university student had been walking near Thornden Park when she, too, was attacked by a man with a knife. She got away by biting him when he tried to force her to perform oral sex.

The “no press” designation on police reports was not unusual, according to deposition testimony by Clapper, the former Syracuse detective, who would play a crucial role in the Broadwater saga. “No press,” Clapper testified in 2025, “means that Syracuse University put their foot down and said no press for any kind of rape, robbery, burglary that’s anywhere in the area of Syracuse University.”

The university had influence in the Police Department, according to Clapper, and an obvious interest in making the campus seem safe: “If your little daughter wants to go to school at SU and calls the police, and says, How is the crime around Syracuse University? ‘No crime around there.’ There’s five girls raped within, let’s say, a six-month period … between campus and Thornden Park. And if it’s marked ‘no press,’ it’s like it never happened.”

Sebold’s case had been placed in the inactive file. That meant the police weren’t searching for her assailant. But she couldn’t help herself. According to Sebold’s memoir, she walked the university campus, “looking for Him.”

“I was very aware that he could be around any corner,” she told me decades later. A sense of “hypervigilance” coursed through her like “a bunch of electrical wires,” she said.

Five months after the crime, Sebold saw a man on a street filled with restaurants and bars near the university. She felt a sudden, visceral certainty: “right height, right build, something in his posture.” She wrote that the man walked up to her and said, “Hey girl, don’t I know you from somewhere?” He then began nonchalantly chatting with a police officer across the street. (Both Broadwater and the officer would testify that they said “don’t I know you” to each other.)

When Sebold reported the sighting to the authorities a few hours later, Clapper recognized himself as the cop she saw and Anthony Broadwater as the man he was talking to. Broadwater, then 20, had grown up as one of six children of a janitor who worked for Syracuse University. After a brief stint in the Marines, he was working as a telephone wiring installer. Growing up, Broadwater told me, he’d had run-ins with the police and had served time in juvenile detention for theft. (Clapper had known Broadwater since he was a boy, he would testify years later. When asked if he had ever known him “to be involved in anything like rape,” Clapper replied, “No.”)

Broadwater was arrested. He vociferously protested his innocence and did whatever he could to prove it. He volunteered a pubic hair for comparison to one found on Sebold after the rape, and he agreed to participate in a lineup.

When Broadwater saw the other lineup participants, he began to worry. None of them looked much like him. They were all too tall or had a lighter complexion or both. He suggested that another inmate closer to his height and build be included to make it more fair. Broadwater’s court-appointed lawyer got the jailer to bring another man down from the detention facility above the police building.

Sebold looked at the row of men and picked the person who had just been added to the lineup. The man was standing next to Broadwater.

The case should have ended then and there, in the view of the DA today. “You know, she didn’t pick out the wrong guy. She picked out the guy. She picked out the guy that she thought had raped her. And it wasn’t Anthony,” Onondaga County District Attorney William Fitzpatrick told ProPublica. “Case is over. Stop.”

But it didn’t stop.

The prosecution of Broadwater had been assigned to a young assistant district attorney named Gail Uebelhoer (pronounced EE-bull-hair). Sebold wrote that she felt an immediate connection to Uebelhoer, whom she described as “solid and female” with “sparkling, intelligent eyes.” As Sebold put it in “Lucky,” “She wanted what I wanted: to win.”

After Sebold failed to identify Broadwater in the lineup, she could sense that Lorenz, the detective who had overseen the process, was unhappy. (Lorenz died in 2017.) Sebold said she had been scared and confused, torn between the men in positions 4 and 5. Instead of seeking out additional evidence, Uebelhoer asked Sebold to draft an affidavit on the spot, explaining what had happened. Sebold wrote in the affidavit that she had picked No. 5 because that person had been looking at her. Broadwater was in position 4.

The prosecutor then told her it was only natural that she would make such a mistake, according to Sebold’s memoir. “They really worked a number on you. He uses that friend or that friend uses him, in every lineup they do,” Sebold said Uebelhoer told her. “They’re dead ringers.” Both men are adamant that they had never been in a lineup before.

Within three hours of the botched lineup, Uebelhoer presented the case against Broadwater to a grand jury. Sebold wrote that she put on “the best show” of her life and several grand jurors “fought back tears.”

At least one of them was uneasy about the manner in which Broadwater had been identified, according to a transcript. “When someone is picked out of the lineup, doesn’t it have to be absolutely sure that the person that they picked out of the lineup is the one they’ve seen before?” one grand juror asked Clapper while he was on the witness stand.

“That’s correct,” Clapper said.

Uebelhoer quashed the discussion. “He really can’t give you an opinion on that,” she told the juror, adding that Clapper hadn’t been present for the lineup.

The juror asked about it two more times, but Uebelhoer kept deflecting. Broadwater was indicted on every count she had presented, including rape, sodomy and robbery.

When Broadwater’s case was set for trial, Uebelhoer was visibly pregnant. It was passed to William Mastine. Mustachioed, 6’6” and pugnacious — Mastine is the prosecutor who would scuffle with the DA-elect a few years later — he was known for his swagger and courtroom theatrics. Fitzpatrick, then a fellow assistant district attorney, would dub Mastine the “Garbage Man” in a newspaper profile for his ability to bring cases with scant evidence or, as Fitzpatrick put it to me more pungently, “take shit and make it hit.”

This was no minor consideration. Acquittals in rape trials were common at the time in Syracuse. At one point in the 1980s, a local news article reported that the district attorney’s office had suffered nine trial defeats in a row. Uebelhoer was quoted saying “juries are looking for a perfect victim, but they don’t exist.” She saw Sebold as a standout, writing in a memo as the case was transferred to Mastine: “Good luck. Victim is excellent witness.”

Sebold’s testimony would be crucial at trial, since it was nearly the entirety of the evidence. Mastine repeatedly emphasized that she was a credible witness. She had been a virgin, he pointed out, arguing that it would more firmly cement the image of her rapist in her mind. He said her study of drawing as a high school student equipped her to remember facial characteristics. She was shaken during the lineup. The identification on the street was what mattered, he argued.

Uebelhoer saw Sebold as a standout, writing in a memo as the case was transferred to Mastine: “Good luck. Victim is excellent witness.”

Aside from Sebold’s identification, the only other piece of evidence was the pubic hair Broadwater volunteered, which was compared to a hair found on Sebold after the rape. The two hairs were examined under a microscope by a lab expert who testified that they were “consistent” with each other. That essentially meant that both had come from a Black person. There were approximately 27 million Black Americans at that time. (In the absence of DNA technology, the prosecution could have tested the semen found in Sebold to determine its blood type, but it never did. That would have narrowed the list of possible perpetrators to only those with the specific blood type.)

The trial was peppered with irregularities. Broadwater and his lawyer had opted for a bench trial, hoping that a judge would see the paucity of evidence and wouldn’t be swayed by emotion. But the judge seemed to have a soft spot for Sebold. During a break in the proceedings, he spoke to Sebold privately, according to her memoir, expressing concern about how she was holding up and asking about her family. Had a juror done such a thing, they would likely have been kicked off the jury and a mistrial might’ve been declared. (The judge died in 2009.)

In a final, highly unusual turn, Uebelhoer took the stand herself, as a witness for the prosecution. She testified that Broadwater was unhappy with one of the people in the lineup and that he managed to swap that person out for the man Sebold picked. She seemed to imply that Broadwater was responsible for any confusion in the lineup process.

When it was over, the judge didn’t even leave the bench to deliberate. He found Broadwater guilty directly after Mastine finished his closing argument.

Mastine defends the trial and the verdict. When I reached him by phone, he noted that he was brought onto the case after the indictment had been handed up. Mastine otherwise repeated what he’d said at the time: that Sebold’s identification of Broadwater on the street trumped the one in the lineup room, so it was appropriate to take the case to trial.

Mastine said that Fitzpatrick anointed him the “Garbage Man” after his work on the Sebold case and congratulated him on the victory. Mastine denied that he felt any pressure in light of the defeats his office had endured. “A trial lawyer has to have a bathtub mind,” he told me. “During trial, you fill the bathtub up. When the verdict comes in, you empty the bathtub and start all over again.” (Years after the Broadwater trial, Mastine, by then in private practice, pleaded guilty to possessing a check on which he forged a client’s signature. He agreed to give up his law license.)

Through her lawyer, Uebelhoer declined to be interviewed. In a 2025 deposition, she testified that she could remember little of the Broadwater case. She said repeatedly that she could neither admit nor deny what Sebold had recounted in her memoir. But Uebelhoer emphasized that she had no way of knowing whether the man Sebold picked had appeared in a lineup with Broadwater before. “How would I know that?” she testified. “I’m not down there for every lineup.”

Responding to Fitzpatrick’s assertion that the case should have been dropped after the lineup, Uebelhoer testified that he likely would have been at meetings where the case was discussed but “registered no objection.” (Fitzpatrick denies this. “I’m not saying I don’t have a recollection of the meeting,” he told me. “I’m saying that meeting did not take place.”) Uebelhoer, for her part, added, “I thought that I did my job by putting it all in front of the grand jury to let them hear and see if they found her to be believable or not.”

Two months after the guilty verdict, Broadwater was sentenced to 8 1/3 to 25 years in state prison.

Broadwater was sitting in the local jail after his trial, he told me, when a Syracuse newspaper reported that another woman had been raped in Thornden Park. “I told you it wasn’t me! It never was me,” he said he told his attorney. “That guy is still out there doing it.”

A police report seems to line up with Broadwater’s description. The attack happened on May 27, 1982, and resembled the rape Broadwater had been convicted of just nine days earlier.

At about 9 that evening, a 19-year-old actress was jogging through a wooded section of the park when she heard someone behind her. Suddenly she was in the grip of a man dragging her by the neck behind a cluster of trees. He forced her to perform oral sex, then pulled her sweatpants down and raped her. She reported that her assailant was Black, about 5’9”, 140 pounds, muscular and around 16 years old.

Those details did not draw a lot of notice at the time. But they fit the description of a rapist who would soon become well-known to the Syracuse police. Only four months after Broadwater was found guilty, a high schooler named Thomas Weakfall admitted raping five women. The crimes had begun in late 1981, he said in a statement taken by Clapper. Four of them occurred less than a mile from Thornden Park. Weakfall, according to police reports, had provided “certain facts only the perpetrator would have known.”

“I told you it wasn’t me! It never was me,” Broadwater said he told his attorney. “That guy is still out there doing it.”

Weakfall seemed at war with himself, conscious of the brutality he inflicted. “I go to sleep Tommy Weakfall,” he would say in one confession, “and then in the middle of the night I wake up in a cold sweat. … I feel this pressure pushing me to go out side and do something.” He admitted burglarizing houses and raping women. When he was done, according to an account Clapper gave years later, Weakfall would “wrap them in a blanket, hold them in his arms and tell them he was sorry he did it.” Many of the police reports I examined, including Sebold’s, noted that the rapist had apologized to the victim.

There’s no evidence that Weakfall assaulted Sebold, but there’s no denying he matched key elements of the description she gave. Sebold had told police her rapist was Black, 16 to 18 years of age, about 5’7” and 150 pounds. Weakfall was Black, 16 years old, 5’9” and 140 pounds, according to police reports. Broadwater was 20, stood 5’6” and weighed about 175 pounds.

Despite Weakfall’s confession, the rape case against him collapsed. Officers learned — after taking his statement without a defense lawyer present — that he was being represented by an attorney on an unrelated burglary charge. Weakfall’s confession wouldn’t be admissible in court.

He ended up pleading guilty to second-degree burglary. Weakfall’s sentence wouldn’t require a single day of jail time. He got five years of probation and remained on the streets.

On the morning of Sept. 29, 1983, a man matching Weakfall’s description led police on a dramatic foot chase through downtown Syracuse after being interrupted while attempting to rape a woman inside her car.

Records show Weakfall was arrested for the offense and released on Oct. 11, 1983. Four months later, he pleaded guilty to a lesser charge, attempted sexual misconduct, and was sentenced to one year.

During the four months that Weakfall was still free, there was another notable assault. Sebold’s roommate was raped that November in the apartment they shared. She was one of five women attacked in the same cluster of blocks over five months, according to news accounts at the time. Police suspected that one man had committed the crimes. The homes had been burglarized and the women had been raped at knifepoint and beaten; some were also bound and gagged.

These elements matched Weakfall’s methods, though the reports suggested a noticeably taller, older perpetrator. Several survivors were asked to look at a photograph of Weakfall as part of an array of mug shots, but they didn’t identify him.

Sebold’s roommate told police that after the rapist broke into the apartment, he gagged, bound and blindfolded her, then became “very gentle” and “took his time.” She added that “he didn’t talk street talk either. He had a good use of the English vocabulary.”

He led her into Sebold’s room, put a “thin metal object” to her throat and told her, “I just want you to be good.” When he finished raping her, he tossed her jeans to her and covered her with a blanket.

The roommate also reported an exchange that suggested her rapist may have encountered Sebold in the past. After the assault, she tried to get him to leave by yelling out that her roommate was coming home. The assailant replied: “I know her, we had a thing, we had a deal in the past.”

Clapper viewed this as significant enough that he put it down in capital letters in his report. But he never followed up, Clapper testified years later. The perpetrator was likely fabricating a connection that didn’t exist, he said. Clapper never suspected that it was Weakfall or that the same man raped both Sebold and her roommate. He said the description didn’t match Weakfall, and Broadwater was locked up by then. He acknowledged that victims sometimes get these descriptions wrong, but he had another reason for ruling Weakfall out: “I think he was incarcerated then,” Clapper testified. But the records I had seen showed that his memory was incorrect: Weakfall had been a free man at the time Sebold’s roommate was attacked.

In 1985, three years after Broadwater’s conviction, Clapper encountered Weakfall again. The detective identified him in a surveillance photograph of a man using a stolen bank card at an ATM. Clapper interviewed him again. Once again, Weakfall confessed.

The police reports, along with the signed confession, spelled out in chilling detail how Weakfall had raped at least three women between September and November of 1985. He would spot a vulnerable location — an accessible window, a woman home alone — and climb in quietly, first ransacking for valuables, then threatening them with a knife, sometimes beating or tying them up if they resisted.

When Weakfall was done, some women got an apology. One said he was “soft spoken” and did not use “slang or street type language.” He kept calling another one ma’am. Others got nothing but raging hostility. He told one woman that he felt understood by her, then threatened to burn her house down if she called the police.

Weakfall went on to say, effectively, that he had raped so many women in so many different places that he couldn’t remember them all. In the final paragraph, he made a garbled cry for help. He described sexual violence as a compulsion. The rapes were “accidents,” he said, and the courts “haven’t helped me at all.” He hoped that the next judge would get him some counseling.

This time Weakfall’s confession held up. He pleaded guilty to three rapes and a burglary and was sentenced to a maximum of 18 years. He served 12. While in prison, Weakfall participated in a treatment program intended to stop people from committing sexual violence.

Accusations against prominent men eventually began bringing the issue of sexual assault to the forefront in Syracuse. In 1986, a star Syracuse University football player was accused of rape. He pleaded guilty to a misdemeanor and was initially allowed to remain on the team. An uproar ensued, prompting the university’s chancellor to intervene and suspend him for five games.

Then, in November 1988, came another attack with a notable defendant, a crime that would inspire a second rape memoir by a Syracuse University student. The book describes how Laura Gray-Rosendale, a 20-year-old sophomore, had fallen asleep while studying in her bedroom when 23-year-old Michael Holm broke in, then bound and beat her. “He raped me every way someone can be raped,” she told ProPublica. “It was excruciating to be in my body.” A roommate called the police and officers kicked down Gray-Rosendale’s door, finding Holm with a screwdriver in his hand, standing over Gray-Rosendale, as he pulled his pants up. Her hands were tied and she was naked from the waist down. Holm tried to flee, injuring three officers, before they finally subdued and arrested him.

The defendant was white, the grandson of Melvin Holm, a former chairman of the university’s Board of Trustees who had been the CEO of Carrier Corp., one of the city’s largest employers and the eponym for the university’s domed stadium. In her book, “College Girl,” Gray-Rosendale recounted getting a phone call from a university administrator who told her the Holm family made major donations to the university. “I’m like, why are you telling me this?” she said. “But I know why. … She’s trying to dissuade me from testifying.”

In an interview, Gray-Rosendale described having a “complete breakdown” in the months after the assault and said that seeing “anyone who resembled [Holm] physically would be like a trigger and send me into a full out panic attack.” Through years of therapy and writing her memoir, she eventually found healing. But, she said, “I was never the same.”

Despite being caught mid-assault, Holm pleaded guilty to burglary. The word rape did not appear in his plea allocution. He ultimately served eight years in prison. (ProPublica could not locate him to seek an interview. His lawyer declined to comment.) “I was very glad that he got jail time,” Gray-Rosendale said of Holm. “But … that term, burglary. It did not in any way account for the multiple crimes that he committed, and that stuck with me then, sticks with me now.”

Pressure was building in Syracuse. In 1989, six rapes had been reported in the first two months of the school year, including one on the chancellor’s front lawn. Students began marching, organizing nighttime campus patrols and pressuring university officials. Gray-Rosendale told the university’s trustees at a campus meeting on sexual violence that she had been raped by one of their grandsons. “I’m not a statistic,” she said. The turmoil attracted the attention of media ranging from talk show host Geraldo Rivera to The New York Times.

Finally, that year, the university convened a task force and began to implement security measures that advocates had been demanding for years, including improvements to transportation services off-campus, the expansion of “blue light” emergency phones and the provision of counseling services and public speaking events on sexual assault.

In response to detailed questions regarding events from the 1980s, a spokesperson for Syracuse University said in an email that “we are not in a position to speak to the actions or decisions of prior administrations,” but the university is now equipped with “comprehensive policies, a steadfast commitment to preventing sexual and relationship violence and robust support structures to help every survivor that comes forward.”

By this point, the city had become the leading edge of a national issue. In March 1990, a Syracuse University student named Kristin Eaton-Pollard testified before a congressional subcommittee in Washington. She described being raped as a freshman in 1988 in Thornden Park, which she “later learned was notorious for its frequent occurrence of violent crime, located only about 100 yards from my residence hall.”

Eaton-Pollard criticized the university for being too slow to appreciate the need for the new security measures. “The programs at Syracuse University should have been initiated of their own accord a long time ago,” Eaton-Pollard said. Her testimony helped inspire the passage, that same year, of the Jeanne Clery Act, legislation named for a Lehigh University freshman who was raped and murdered by a fellow student. The law requires all colleges that accept federal financial aid to publicly report campus crime statistics every year.

Broadwater was unaware that the issue of sexual violence was roiling Syracuse. He remained in prison and had never stopped trying to prove his innocence. He kept a transcript of his trial with him as he was shuttled among 13 prisons in the 16 years he served for the Sebold conviction. He would show it to gang leaders to prove he shouldn’t be there.

“Rape charges here,” a cousin and fellow inmate had warned him when he entered Attica state prison, “they kill you.” As Broadwater puts it, “I caught holy hell” while incarcerated. He took to wrapping his torso with copies of National Geographic magazine in case an inmate came at him with a knife. In a riot, he saw a friend stabbed to death, took 12 stitches and nearly lost an eye trying to defend himself.

He filed myriad appeals and requests to reexamine the evidence, some without the help of a lawyer. Each was rejected. One petition was handwritten, laying out his logic in angled handwriting across lined notebook paper. Broadwater raised some of the arguments that eventually got him exonerated. He wrote, for example, that Uebelhoer’s testimony missed the point: “Whether or not I know the man … or was happy about the composition of the lineup had nothing to do with the victim’s failure to pick me out.”

“Whether or not I know the man … or was happy about the composition of the lineup had nothing to do with the victim’s failure to pick me out.”

Four times Broadwater came before the parole board. Four times he was denied. He refused to go to his fifth scheduled appearance. Commissioners wanted an admission of guilt, not claims of innocence, and Broadwater wouldn’t apologize. He didn’t come home until Dec. 31, 1998. He was 38.

Broadwater was free but unable to escape the shadow of a rape conviction. Even members of his family shunned him. He was required to register as a sex offender, which made it impossible to get any but the most menial job. Broadwater eventually managed to get a position on an assembly line, stamping the logo of Syracuse China on dishware from 6 p.m. to 6 a.m. He liked that he had to punch in, and that the factory was filled with security cameras. Broadwater wanted to work at a place that always documented his whereabouts in case anyone tried to accuse him of something.

For her part, Sebold had struggled to get her life on track over the years. Rootless and experimenting with drugs in her 20s — heroin was her favorite, by her own account — it was only as she confronted the consequences of the attack that she slowly began to grapple with her trauma. She began by writing an op-ed for The New York Times on the rape in 1989, then later appeared on “The Oprah Winfrey Show.” By the mid-’90s, she had started work on a memoir about her assault and the aftermath.

Sebold returned to Syracuse to research the book. She nervously walked around Thornden Park while her then-boyfriend stood by and took snapshots. And Sebold met with Uebelhoer at the district attorney’s office.

Uebelhoer helped her gain access to records, including a box of evidence from the original case. Both Uebelhoer and Sebold recall seeing the clothing Sebold had worn the night of the attack, and Sebold remembers seeing the pubic hair that was key to Broadwater’s conviction. (It was yet another example of the scrambled Syracuse justice system: An evidence log stated that all of the evidence in the case had been destroyed in the late 1980s, but both women have said they saw the box of materials years after that.)

The prosecutor helped promote Sebold’s memoir when it was published. Uebelhoer’s sister created a packet of publicity materials that, according to Sebold, included a glossy 8-by-10-inch photograph of Uebelhoer. Uebelhoer, who had left the district attorney’s office by this point to clerk for a judge, spoke at book clubs and introduced Sebold to discuss the book on a panel at a law enforcement conference in New York City. “She was incredibly proud,” Sebold said.

Sebold and Broadwater weren’t the only people who couldn’t let go of the case. There was a third person: Clapper, the veteran Syracuse detective who’d been chatting with Broadwater when Sebold first identified the man she thought had assaulted her.

Lanky with striking red hair and a cocky demeanor, Clapper was dogged and respected by his fellow cops. He would stay on cases for months, scouring for witnesses, checking in with informants, interviewing anyone he could find. Clapper’s work was threaded through the wave of Syracuse rape cases. He had investigated many of the attacks in and around Thornden Park and elicited Weakfall’s confessions.

Clapper initially indicated he was open to an interview for this article, then demurred, saying he’d had only tangential involvement in the Broadwater case. When I kept pressing, he eventually sent me a sprawling, 13-page statement that spanned the 50-odd years of his career. It was filled with brackets and parentheticals, written in different fonts and colors, much of it in capital letters, at once detailed and cryptic.

Clapper emphasized that he had been through a lot since Sebold was assaulted. Over the years, he had worked undercover, participated in hundreds of drug busts, been stabbed and “struck over the head with bats, wine bottles, and fallen down several flights of stairs.” He spent the better part of nine years caring for his sick wife and today, at age 74, his hair still thick but now snowy white, he works as an investigator for a district attorney in another county. Given all that, his statement maintained, it would be “close to ridiculous” to assume he could recall the particulars of Sebold’s case or other crimes with much specificity.

Still, the document provided revealing details, including one that hinted at the disturbing scale of Weakfall’s crimes. Not long after Broadwater’s conviction, according to Clapper’s statement, he had become aware of Weakfall’s “first series of rapes” and gotten him to confess. He had driven Weakfall around Thornden Park, during which Weakfall pointed out 23 buildings where he had raped and robbed women. Weakfall wasn’t charged in multiple cases, Clapper explained, because many of the survivors “just wanted to forget it” and refused to cooperate.

Clapper said Weakfall willingly admitted raping women inside buildings near the park but “flatly denied any involvement” in crimes outdoors at the park. Clapper found that distinction persuasive. Noting that the crimes Weakfall committed indoors involved rapes, burglaries and stabbings, he said, “Why would Weakfall honestly admit to all of these other [more serious] cases and not take credit” for those in Thornden Park?

Weakfall was always under scrutiny, Clapper would say in a 2025 deposition. “I know this guy better than I know my own brother,” he testified, repeating that Weakfall never admitted to any rapes in the park.

One by one, the attorney questioning Clapper got him to acknowledge the similarities between Sebold’s rape and those that Weakfall had confessed to: that she had been threatened with a knife, that her rapist took a small amount of money from her, that the rape happened blocks from others that he said he had committed at around the same time, and that afterward, her rapist held her and apologized to her.

The lawyers asked Clapper about four other cases of sexual assault in or near the park, three within months of Sebold’s, the other nine days after Broadwater was convicted. All involved Black assailants, at least three aged between 15 and 20 and nearly the same height and weight as Weakfall or Broadwater. Clapper pursued several of them but never thought to connect any to Sebold’s rape.

“Why would I?” he said.

It’s one of the many oddities of this decades-long saga that Sebold’s memoir of her assault — a 1999 book that portrayed Broadwater’s conviction as righteous — is what would ultimately lead to the unraveling of his conviction.

Sebold’s memoir, which ultimately sold 1 million copies after “The Lovely Bones” became a hit, eventually generated interest in Hollywood. Producers wanted to make a film version of “Lucky,” and several contacted Clapper as part of their research for writing a script.

Laurie Parker, a producer then working with director Jane Campion as part of a project that Sebold was cooperating with, reached Clapper in 2013. Parker said Clapper emailed her that there were questions about the case: No. 1, was the right person arrested? No. 2, was Sebold a good witness? No. 3, if DNA testing had been available, would there have been the same outcome? Parker tried to get him to elaborate, but he didn’t respond.

Clapper himself looked into getting a DNA test done on the pubic hair more than 20 years after Broadwater’s conviction, according to his statement. But when Clapper called the Syracuse police crime lab, he was told the hair had been destroyed.

Parker, tasked with writing a script based on “Lucky,” became increasingly consumed with doubts: “I had a feeling, a very strong feeling, that at best it was an illegal conviction and at worst, they got the wrong person,” she said. Her script was rejected in 2014. (The director had gotten busy with other projects, according to Sebold.)

The next year, in 2015, came an unrelated event — unknown to Broadwater — that further undermined the credibility of his conviction. The FBI, working with the Department of Justice and two advocacy groups, released the findings of a national review of cases in which hair evidence had been used. The study reported that expert hair testimony in 90% of the 500 trial transcripts they’d examined included “erroneous statements” and noted that the FBI no longer used such evidence. The study “strongly” encouraged states to review past convictions in which hair analysis had played a role.

At the time, Fitzpatrick was on a state commission that sets standards for crime laboratories. He was also feuding with the Syracuse Police Department. The two sides publicly savaged each other, with dueling allegations of mishandling forensic evidence, among other things. The Police Department, Fitzpatrick told me recently, was run by “fucking morons” back then and its lab was antiquated. Shawn Broton, a deputy police chief at the time, said Fitzpatrick had used the state commission as a “weapon” against the Police Department and worked to consolidate power for himself.

As a result of the FBI review, Fitzpatrick’s office examined New York cases that had used hair evidence. But that effort did not unearth Broadwater’s case. It relied on electronic searches for the word “hair” in appeals court opinions. The appeals court opinion in Broadwater’s case — all of two paragraphs long — didn’t mention the word. Fitzpatrick told me that his staff had also reviewed all the cases in which the hair analyst in Broadwater’s case had testified, but it concentrated on defendants who were still incarcerated. Broadwater had been out of prison for more than a decade by then. Another chance to reveal the flaws in his case had been missed.

The study reported that expert hair testimony in 90% of the 500 trial transcripts they’d examined included “erroneous statements” and noted that the FBI no longer used such evidence.

Eventually, a second movie producer got interested in Sebold’s story, and like the first producer, he began delving deep into the case. The producer got suspicious enough that he ultimately hired a private investigator to look into it. (The producer in question, Timothy Mucciante, has a backstory that could fill its own movie: He is a disbarred lawyer who served time in prison on an array of bizarre fraud charges. He promised money to finance the movie version of “Lucky” but never delivered, then tried to make his own documentary about the debacle called “Unlucky,” which also fell apart. Mucciante did not respond to requests for comment.)

The private investigator, Dan Myers, called Clapper, who left him with the strong impression that he thought Broadwater was innocent and Weakfall was guilty. Clapper denies he went so far as to say Broadwater was innocent. Still, Clapper acknowledged in his statement that he spoke “cop to cop” with Myers, a former officer, and told him, “Like ANY investigator, you wonder ‘if’ Weakfall was involved.”

That conversation had a domino effect. Myers got two Syracuse lawyers, David Hammond and Melissa Swartz, involved. (Swartz had previously worked in the DA’s office under Fitzpatrick.) They were shocked by what they read in the book and the trial transcript. They filed a motion to vacate the conviction in 2021.

In a matter of weeks, the long-stalled process of examining the conviction was resolved. Fitzpatrick joined in the motion to vacate the conviction, and in a brief hearing on Nov. 22, 2021, the judge agreed.

Unlike Broadwater, who has no criminal record since his release in 1998, Weakfall found it harder to stay out of trouble. He got out of prison in November 1997. Six months later, he was caught stealing speakers and cash from the apartment of a woman he had just met. He told police the burglary was “meant as a joke.” Weakfall pleaded guilty to a misdemeanor charge of criminal trespass and served 135 days in jail. He was arrested four more times through 2015, pleading guilty on separate occasions to patronizing a prostitute and resisting arrest. Records show police responded to multiple allegations of domestic violence against him through 2017, but the victims all declined to press charges. His record shows no involvement with the police since then.

Weakfall still lives in Syracuse, in an area some former officers refer to as “the Gut.” I made my way to his door on a Saturday in the fall of 2024. His apartment was on the ground floor of a clapboard building along a block of dilapidated homes surrounded by overgrown weeds. A gaggle of stray cats curled up against one another around the corner from his front door, which had a bumper sticker on it that read “Let’s Pray for America.”

After a few knocks, the face I recognized from the New York state sex offender registry poked out. He was bald with a full beard. Well-built for a man of 60, with a scar across his upper abdomen, Weakfall was wearing nothing but royal blue boxer-briefs. He said he had just gotten out of the shower.

I knew I might never get another shot to speak to him, so I started talking without giving him a chance to get dressed. We spoke for more than an hour. He never opened his door more than a foot.

Weakfall was, quite reasonably, skeptical of me. He kept saying, “You’re catching me off guard here, dude.” He said he carried a lot of guilt over his crimes and was “disgusted” with himself. He told me he had found religion and wasn’t inclined to revisit a period of his life that he had left behind. Weakfall also said he realized during his 12 years in prison that he may not have served as much time had he not been so open with the police. He didn’t want to make the same mistake again. I assured him I wasn’t a cop.

After a while, Weakfall seemed to relax. He spoke softly in gushes of information followed by sudden pauses. He described growing up without a father in a tough neighborhood; the pressure of bad influences leading to drugs; a graduation of sorts from shoplifting to home invasion, then sexual assault, or, as he put it, “violating someone” when he happened to find a woman home alone.

He acknowledged raping women. But he said that once he began to make admissions, the police saw him as a scapegoat and tried to put “all the load on one person just to satisfy the community.” Once in custody, he said, he was “scared out of my boots.” He said the police had dragged him out of his cell repeatedly, driving him to places he had never been and asking him about rapes he said he hadn’t committed. “Man, they had me admitting to things that I know I did not do,” he said.

Full of contradictions, Weakfall spoke in loops that were hard to follow. He said that he had confessed honestly to the rapes he committed in 1985, but that the confession in 1982 was coerced by the police. (He later said something that seemed to undercut that assertion: “What they didn’t understand in 1982 is that if you’re not really giving me any counseling … it’s bound to happen again.”)

When I started to ask about Thornden Park, describing what happened to Sebold, he cut me off. “More of my encounters was invading a home, if you do the search,” he said. He vociferously denied assaulting any woman in a car and said the police “mixed me up with other people that were doing things at the same time.”

This did not strike me as implausible, given what had happened with Broadwater and all I’d learned about the Police Department at the time, not to mention the sheer volume of assailants and assaults back then.

I kept pressing, asking if he would be willing to go through each case with me. He said no. He wouldn’t be able to remember them anyway, he said. I brought up the rape of Sebold’s roommate and several others, but the whole exercise began to feel futile. I thanked him for his time, handed him my card and asked if we could speak again after he had some time to think. He said he’d pray on it.

Weakfall called me the next morning. He was rattled and rambling. More aggravated this time. He started denying things that he had either confessed to or that were well-established in the criminal records: He claimed he had never stolen anyone’s ATM card; he had never taken property from anyone’s home; he had never apologized to any of his victims.
18

I returned to Syracuse twice more in 2026 and spoke with Weakfall each time. He got more sweeping and more adamant in his denials. By the third visit, he was insisting that he had confessed to only one rape and that the police had embellished or fabricated the rest.

When I called Fitzpatrick, the Syracuse DA, to discuss what I had learned in my broader reporting, he was at a loss. “It escapes me, honestly. I mean, it’s just staggering,” he said of the police and prosecutorial failures in the 1980s. “The level of misattention to detail. I just don’t have an explanation.”

But now it was too late. The best shot at making a conclusive determination on who raped Sebold would come through DNA analysis of the physical evidence. But the evidence from her case is gone.

Even if evidence that implicates a perpetrator were to turn up in a hidden corner of a dusty warehouse, Fitzpatrick couldn’t do anything. The statute of limitations on these rapes expired decades ago. Prosecution would be out of reach, he said.

As it happens, one legal proceeding continues in the Broadwater saga. After his conviction was vacated in 2021, Broadwater filed two civil lawsuits, one against the state of New York for wrongful imprisonment and a second against Syracuse and its surrounding county for constitutional rights violations in his prosecution. The state settled its case in 2023, agreeing to pay Broadwater $5.5 million.

But the city and county are contesting the claims. The lawyers declined to comment for this article, citing the litigation. But expert witnesses they have retained are defending the conduct of the police and prosecutors, questioning the accuracy of Sebold’s book and arguing that there was no pattern of rapes in and around Thornden Park worthy of disclosure to the defense.

I met Sebold on a recent, drizzly morning at her home in San Francisco. We sat in a room appointed with an ornate rug, fine photography and rare works of literature hugged by striking geode bookends.

Always an introvert, Sebold sank deeper into isolation after Broadwater’s exoneration. She went from hero to villain overnight. Strangers yelled at her on the street. A tabloid reporter badgered her on camera as Sebold, wearing a COVID-era mask and gingerly carrying a bag of dog poop, walked her sick French basset to the vet.

Afterward, she said, she didn’t step out of her house for a month. Even now, five years on, she can’t bring herself to leave the city limits. “There’s something about the safety of being near my home,” she said, “which has become increasingly important to my sense of mental health.”

As I laid out what my reporting had uncovered, she betrayed little surprise at the number of sexual assaults in Syracuse; she thought there might be more. “It’s my nature to believe that there’s more violence than people like to admit to, especially back then,” she said. It provided no comfort to learn that the police had failed other women, too.

Now fully convinced of Broadwater’s innocence, Sebold looks back on the entire episode with deep mortification. She feels shame that she was ever raped. And she now questions her decision to go to the police. “What if I hadn’t reported my rape?” she said. “None of this would have happened.”

Sebold recently completed a letter to Broadwater. She declined to share a copy but described its contents. It’s more personal and considered, she said, than the apology she released right after the exoneration, which was criticized as tepid and which she said was hastily written. Sebold said the letter takes responsibility for her role in Broadwater’s wrongful conviction and offers details about her recent life, her dog and the Dao, the Chinese philosophy she has come to rely on. The letter describes, she said, “the deep sorrow I hold for what happened.”

It took her four years to compose those three pages. “I’ll never write anything good enough,” Sebold said. It is “probably, in my mind, the most important thing I’ll ever write.”

Through intermediaries, Sebold and Broadwater have broached the possibility of meeting. Like Sebold, though, Broadwater is fearful of traveling. He is worried something bad will happen if he leaves New York state. He has floated the idea of meeting in Niagara Falls. Neither of them have been there before.

I last met Broadwater at his lawyer’s office in Syracuse. Now fixing up a modest farmhouse he bought outside town, he had taken a break from his hobby of barbecuing and still smelled faintly of sweet smoke from a batch of baby back ribs.

He keeps his distance from people, too. He told me that some who shunned him after he went to prison are now reappearing in his life. They tease him about all the media attention he received. Their questions also trigger his paranoia, making him think they got word of his civil settlement and want a piece of it.

Broadwater said the stigma of being a convicted rapist was still hard to shake, even after his exoneration. “I’m still embarrassed that I was convicted and sent to prison for rape for 16 and a half years,” he said, his gentle voice catching as he reached for a Kleenex. He likened the experience to being scalded with boiling-hot water. The exoneration, the celebrity, the settlement, it’s like “a skin graft” over a festering wound, he said. “Still ain’t normal. Ain’t never gonna be normal. How could it be normal?""

The entire story can be read at: 


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;

Monday, July 6, 2026

July 6: John Ramsey: JonBenét Ramsey's father, John Ramsey; Disgraced now convicted DNA analyst Yvonne "Missy" Woods: Yahoo News (Reporter Katherine Schaffstall) weighs in on DNA testing after disgraced DNS Analyst Yvonne "Missy" Woods pleaded guilty to manipulating data, noting that: "John reflected on the use of DNA testing in his daughter's case just two days after Woods entered guilty pleas to committing a cybercrime, perjury, attempting to influence a public servant and forgery on Tuesday, June 23, according to CNN. As part of her plea deal, dozens of other counts she was facing were dismissed. She entered her plea after authorities accused her of altering data to conceal tampering, as well as deleting data that showed she failed to troubleshoot issues within the testing process. Woods was also accused of not thoroughly documenting tests that were performed in case records. DNA testing has played a major part in JonBenét's case, and Boulder police confirmed that the former pageant queen's death "remains a top priority" in December 2025."


QUOTE OF THE DAY: "They found unidentified male DNA in JonBenét's panties and some other areas. That was a big problem for the police because they started including everything. I'm not sure which one, but now they've got unidentified male DNA to explain away," he continued. "So the DNA, whoever did the DNA then, did us a great service by finding them. And then, of course, more was found in 2006 when it was tested using other crime scene evidence, tested using the latest technology at that point." John then said that he doesn't believe his family "suffered from misconduct," adding that they "know that a number of items from the crime scene were sent in for testing, a number were not tested."
"We always kind of wondered why, seeing items that should have been sampled," he said. "I don't know if it was a cost issue or they already found unidentified male DNA, so why go any further?"

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STORY: JonBenet Ramsey’s Dad Weighs In on DNA Testing After Yvonne Woods Pleads Guilty to Manipulating Data," by Reporter  
Katherine Schaffstall (Senior Writer US Weekly)  published  by Yahoo News, on June 26, 2026;  

GIST: "JonBenét Ramsey's loved ones are still looking for answers nearly 30 years after she was murdered in her family's home in Boulder, Colorado, in December 1996. As the case still remains unsolved, Ramsey's father, John Ramsey, weighed in on DNA testing in light of former Colorado DNA analyst Yvonne "Missy" Woodspleading guilty to manipulating data in hundreds of cases over the past 18 years.

"Well, we heard about this initially. It was sort of rumored that there were problems in the CBI DNA lab, and we looked into it at that time. It was probably a year ago, and it appeared that Ms. Woods was not involved in our case, so we kind of just dropped it," John, 82, said about the situation while appearing on NewsNation's Jesse Weber Live on Thursday, June 25.

John added that the "DNA initially in our case was the crime scene evidence," which was "sent to an outside lab, not to CBI."

"They found unidentified male DNA in JonBenét's panties and some other areas. That was a big problem for the police because they started including everything. I'm not sure which one, but now they've got unidentified male DNA to explain away," he continued. "So the DNA, whoever did the DNA then, did us a great service by finding them. And then, of course, more was found in 2006 when it was tested using other crime scene evidence, tested using the latest technology at that point."

John then said that he doesn't believe his family "suffered from misconduct," adding that they "know that a number of items from the crime scene were sent in for testing, a number were not tested."

"We always kind of wondered why, seeing items that should have been sampled," he said. "I don't know if it was a cost issue or they already found unidentified male DNA, so why go any further?"

John reflected on the use of DNA testing in his daughter's case just two days after Woods entered guilty pleas to committing a cybercrime, perjury, attempting to influence a public servant and forgery on Tuesday, June 23, according to CNN. As part of her plea deal, dozens of other counts she was facing were dismissed.

She entered her plea after authorities accused her of altering data to conceal tampering, as well as deleting data that showed she failed to troubleshoot issues within the testing process. Woods was also accused of not thoroughly documenting tests that were performed in case records.

DNA testing has played a major part in JonBenét's case, and Boulder police confirmed that the former pageant queen's death "remains a top priority" in December 2025.


"Techniques and technology constantly evolve," Boulder Police Chief Stephen Redfearn previously said in a video statement. "This is especially true with technology related to DNA testing."


John also previously told Fox News that he believes the ongoing advances in forensic genetic genealogy could help solve the case.

"I am absolutely convinced that's the gold standard today," he told the outlet in September 2025. "So I've been pushing that pretty hard in terms of what I think ought to happen, and I don't know that they're doing it. I know they listen, but I don't know where they are mentally, in terms of making that happen.""

The entire story can be read at: 

jonbenet-ramsey-dad-weighs-dna-182040970.html


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;

Sunday, July 5, 2026

Charles McCrory; Alabama; Jimmie (Chris) Duncan; Louisiana: Louisiana; From our 'Something is wrong in this picture' department: "Louisiana has rejected debunked bite mark evidence and tossed an old conviction, ‘yet Alabama won’t, al.com reports, noting that: "Louisiana’s top court just freed a man (Jimmie (Chris) Duncan) who was locked up for 30 years based on the now-debunked science of bite marks, but an Alabama man (Charles McCrory) with a similar case is still sitting in prison and waiting for his day in court."... “At this point, courts in Florida, Virginia, Georgia, Mississippi, Louisiana, and Texas, among others, have released people from prison (sometimes from death row) when their convictions involved bitemark evidence,” said Mark Loudon-Brown of the Southern Center for Human Rights. “And yet Alabama won’t.”...."Charles McCrory was accused 40 years ago of brutally murdering his wife in a small south Alabama town. No physical evidence tied him to the scene, other than a mark that prosecutors said proved he bit his wife during the attack. He's always maintained his innocence, and now his lawyers are hoping new revelations about bitemark evidence could set him free."



PASSAGE OF THE DAY:  "Dr. Richard Souviron, the forensic odontologist who had recently come to fame after testifying at serial killer Ted Bundy’s 1979 trial, was contacted about the case by the state medical examiner. Souviron wrote a letter after viewing the marks in a photograph and told the medical examiner that the marks could have been from McCrory. But he couldn’t be sure, and noted that it was odd there were only two marks. The marks shouldn’t be the sole means of identifying a suspect, he wrote." But when Souviron took the stand a few months later, he changed course. He told jurors that the teeth of Charles McCrory made those marks.'"

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"McCrory was convicted in October 1985 and sentenced to life in prison. Souviron has now walked back his statements and said he can’t be sure the marks are even from teeth at all, yet McCrory’s appeals have all failed and he’s consistently been denied parole. He currently has a federal lawsuit pending, arguing in April 2024 that his conviction should be tossed out after a similar state case failed and Alabama judges stood by the old evidence. McCrory’s lawyers have leaned heavily on how bite mark matching has been discredited nationally, and how no other traces point to McCrory.  They’ve also brought up that Souviron’s past testimonies have led to at least two documented wrongful convictions."

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PASSAGE THREE OF THE DAY: "Hayne and West, the two experts involved in Duncan’s case, and the cases that they worked on which have been called into question, were the subjects of a 2018 book, The Cadaver King and the Country Dentist: A True Story of Injustice in the American South."

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STORY: "Louisiana rejects debunked bite mark evidence and tosses old conviction, ‘yet Alabama won’t,’  by Ivana Hyrnkiw, published by al.com on July 5, 2026. (Ivana Hrynkiw reports on the Alabama justice system which includes the Alabama Department of Corrections, state and federal courts, the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court. She also covers issues affecting people incarcerated in Alabama prisons. Hrynkiw is a Birmingham native and an award-winning journalist, who also has experience reporting for both newspapers and broadcast. For more than two years during the COVID-19 pandemic, Ivana hosted and anchored a daily digital news video show with thousands of loyal viewers. She’s won various local and national awards for her reporting and video work. Ivana is a graduate of the University of Alabama at Birmingham and has worked with AL.com for a decade in various capacities, covering crime, court proceedings, politics, and more.)

SUB-HEADING: "Charles McCrory was accused 40 years ago of brutally murdering his wife in a small south Alabama town. No physical evidence tied him to the scene, other than a mark that prosecutors said proved he bit his wife during the attack. He's always maintained his innocence, and now his lawyers are hoping new revelations about bitemark evidence could set him free."

GIST: "Louisiana’s top court just freed a man who was locked up for 30 years based on the now-debunked science of bite marks, but an Alabama man with a similar case is still sitting in prison and waiting for his day in court.

“At this point, courts in Florida, Virginia, Georgia, Mississippi, Louisiana, and Texas, among others, have released people from prison (sometimes from death row) when their convictions involved bitemark evidence,” said Mark Loudon-Brown of the Southern Center for Human Rights.

“And yet Alabama won’t.”

Loudon-Brown represents Charles McCrory in Alabama, and said he thinks Monday’s ruling should have an impact on McCroy’s case.

In Louisiana, Jimmie “Chris” Duncan was convicted in 1998 for the death of Haley Oliveaux, the 23-month-old daughter of his girlfriend. Prosecutors argued, according to court records, that Duncan attacked the little girl, sexually assaulted her, and drowned her. At trial, they argued his teeth matched marks on the girl and were bite marks from the attack.

Duncan’s team said that the girl had suffered multiple seizures before the day she died in December 1993 and drowned after having a seizure in the bathtub. They pointed to a video of an embattled dentist grinding the molds of Duncan’s teeth onto the little girl’s body.

They argued bite marks are not scientifically sound, that none of the evidence matched Duncan and that the death was a tragic accident. A judge in Ouachita Parish agreed and overturned Duncan’s conviction last year. 

Prosecutors appealed the ruling. On Monday, the Louisiana Supreme Court agreed that Duncan’s conviction would be tossed out.

Duncan spent nearly three decades on death row.

On Monday, the Louisiana justices called bite marks “now seriously questionable evidence” and found that no “rational juror” would convict Duncan of first-degree murder.

The chief justice, John Weimer, compared Duncan’s prosecution to the witch trials of the 17th century.

“The bite mark evidence and the sexual abuse evidence used in the trial against the accused has proven to be similarly specious. Those practices and methods have been scientifically proven to be of no value and, when relied upon, could lead to false convictions,” he wrote.

Meanwhile, in south Alabama, Charles McCrory is awaiting what he hopes to be a similar fate. He’s not on death row, but is spending his life in prison for the May 1985 killing of his wife.

McCrory, a then-26-year-old tech worker and volunteer paramedic in Andalusia, was always the main suspect in his wife Julie’s slaying. The two were separated, but spent much of their time together and with their toddler son.

On the night of May 30, 1985, according to McCrory, he had sex with Julie and left their once-shared home for the apartment where he was living just a few minutes away. The next morning, 24-year-old Julie was found dead in the doorway of her home, lying in a pool of blood. Autopsy reports showed five “chop” wounds to her head.

Investigators collected fingernail clippings, hoping there was DNA from Julie defending herself against the attacker. Police found hair in Julie’s hand and took it for testing along with two clumps of hair found near her body.

Charles McCrory was suspected quickly; but none of the physical evidence matched him.

However, two little marks on Julie’s arm damned her husband.

Dr. Richard Souviron, the forensic odontologist who had recently come to fame after testifying at serial killer Ted Bundy’s 1979 trial, was contacted about the case by the state medical examiner.

Souviron wrote a letter after viewing the marks in a photograph and told the medical examiner that the marks could have been from McCrory. But he couldn’t be sure, and noted that it was odd there were only two marks. The marks shouldn’t be the sole means of identifying a suspect, he wrote.

But when Souviron took the stand a few months later, he changed course. He told jurors that the teeth of Charles McCrory made those marks.

McCrory was convicted in October 1985 and sentenced to life in prison. Souviron has now walked back his statements and said he can’t be sure the marks are even from teeth at all, yet McCrory’s appeals have all failed and he’s consistently been denied parole.

He currently has a federal lawsuit pending, arguing in April 2024 that his conviction should be tossed out after a similar state case failed and Alabama judges stood by the old evidence. McCrory’s lawyers have leaned heavily on how bite mark matching has been discredited nationally, and how no other traces point to McCrory.

They’ve also brought up that Souviron’s past testimonies have led to at least two documented wrongful convictions.

McCrory’s case has sat dormant with no rulings from the judge for over two years. There’s no upcoming dates for hearings, no documented filing schedule.

In Louisiana, Duncan was 25 in 1993. He was watching Haley for his girlfriend that morning and Duncan said he had left her in the bathtub and was in another room washing dishes, when he heard a splash and found her under the water. Although police first planned to charge him with negligent homicide, Duncan was charged with first-degree murder after the child’s autopsy.

During the autopsy, pathologist Dr. Stephen Hayne — who an appeals court called “now discredited” in 2014 — saw what he called a bite mark. He contacted a frequent colleague Dr. Michael West, a dentist whose work has also been discredited and who has been the subject of multiple exonerations. West performed a bite mark examination by directly pressing the molds of Duncan’s teeth onto the victim’s body, calling it a match.

West didn’t testify at Duncan’s 1998 trial though, as he was at the time under odontology board sanctions for “describing pattern injuries that were not due to teeth,” according to court records.

Duncan’s defense team spoke with Souviron, the same forensic odontologist who testified in McCroy’s case. In the Louisiana case, which came years after he testified in Andalusia against McCrory, Souviron expressed doubt. Souviron said the marks were likely from the tape on the child’s face where she was intubated.

Hayne and West, the two experts involved in Duncan’s case, and the cases that they worked on which have been called into question, were the subjects of a 2018 book, The Cadaver King and the Country Dentist: A True Story of Injustice in the American South.

Duncan was represented by a team of lawyers including Chris Fabricant, who works with the Innocence Project in New York. He’s also on McCrory’s legal team.

“Those unreliable practices used in the accused’s trial should be discarded and no longer have a place in the realm of forensic science or in the ultimate goal of a trial,” wrote Justice Weimer in Louisiana this week, “which is ultimately the search for truth.""



PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;

July 5: Crime, Free Will, and Pseudoscience? Brain Researcher Kent Kiehl: New Mexico::: Amos Joseph Wells; Death Row: Illinois:::Donald Trump!.."Researcher Kent Kiehl says he can scan prisoners brains for signs of evil, leading Journalist and Writer Sarah Hopkins to ask the question of the day, in The Guardian: Did his disputed science put a man on death row?..."In the US, judges used phrenology to assess the mental states of people on trial for murder, lawyers introduced it at criminal trials to argue for lighter sentencing and police departments used it to determine who might commit future crimes. Yet by the late 1800s, phrenology had been discredited and was banned from many parts of the US. A young Italian doctor, Cesare Lombroso, picked up where phrenology left off. While working at an Italian asylum through the late 1800s, he opened the skulls of people incarcerated there and claimed to find evidence of abnormal brains in those who had been convicted of crimes. He wrote the criminal brain resembled that of “the rodent or lemur, or the brain of a human fetus of three or four months”. By the mid-20th century, biological theories of criminal behavior had fallen out of favor again, carrying the memory of Nazi Germany, where ideas of innate criminality were used as a tool of social control and as rationalization for the murder of millions. In the US, biological theories of crime spurred mandatory sterilization policies and restrictive immigration laws. Now, Kiehl argues, the science has progressed. It is rigorous and grounded in hard data. “We wanted to bring the very best science to the legal system,” Kiehl said, referring to himself and his colleagues."


BACKGROUND 1: (From Wikipedia): The origins of neurocriminology go back to one of the founders of modern criminology, 19th-century Italian psychiatrist and prison doctor Cesare Lombroso, whose beliefs that the crime originated from brain abnormalities were partly based on phrenological theories about the shape and size of the human head. Lombroso conducted a postmortem on a serial killer and rapist, who had an unusual indentation at the base of the skull. Lombroso discovered a hollow part in the killer's brain where the cerebellum would be. Lombroso's theory was that crime originated in part from abnormal brain physiology and that violent criminals where throwbacks to less evolved human types identifiable by ape-like physical characteristics. Criminals, he believed, could be identified by physical traits, such as a large jaw and sloping forehead.[6] The contemporary neuroscientists further developed his idea that physiology and traits of the brain underlie all crime.[7] The term "neurocriminology" was first introduced[when?] by James Hilborn (Cognitive Centre of Canada) and adopted[when?] by the leading researcher in the field, Dr. Adrian Raine, the chair of the Criminology Department at University of Pennsylvania.[8] He was the first to conduct brain imaging study on violent criminals.[when?][9]

https://en.wikipedia.org/wiki/Neurocriminology#:~:text=The%20origins%20of%20neurocriminology%20go,size%20of%20the%20human%20head.&text=%5B6%5D%20To%20support%20this%20idea%2C,Professor%20Kent%20Kiehl%20from%20the

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BACKGROUND 2: (From the Literary Review: (UK): Crime has biological roots? A powerful, direct counterargument comes from a review of Dr. Adrian Raine's work published in the prominent UK literary and scientific forum, the Literary Review"His thesis is that genes cause electro-chemical differences in the brain that predispose individuals to violence... [But Raine is] ignoring evidence that doesn't suit his case, selectivity bordering on distortion of key contrary evidence, and he ignores evidence that the initial findings have been repeatedly unreplicated... Society, not biology, is the primary cause of crime.

Oliver James, British psychologist and best-selling author

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PASSAGE OF THE DAY:  "Brain imaging is not the only scientific tool used to evaluate who may be predisposed to crime. Analyzing genetic information has also become more common. Since the 1990s, funders like the NIH have increasingly funneled money to studies that examine genetic information as a tool to potentially solve social problems, like crime. But since Donald Trump returned to the White House, such ideas have been more explicitly endorsed. At a 2020 campaign rally, Trump praised the “good genes” of Minnesota residents, a majority-white state. In a 2024 radio interview, he suggested that immigrants commit crimes because “it’s in their genes.” The president’s pseudoscientific suggestion that immigrants, or people of particular racial groups, hold particular genes, or genetic predispositions, fits a historical pattern of political rhetoric. When governments want to control a population, science has often been recruited to make the case that the population in question is biologically fated to drive poor social outcomes, like crime.

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STORY: "A scientist says he can scan prisoners’ brains for signs of evil. Did his disputed science put a man on death row?,  by Sarah Hopkins, published by The Guardian, on June 23, 2026.

SUB-HEADING: "Kent Kiehl convinced the US legal system he can find violence in prisoners’ brains. His theories have been since used by defense lawyers – with grave consequences for prisoners

GIST: "Kent Kiehl loves to talk about the criminal defendant who first put his controversial brain research on the map, the serial killer Brian Dugan.

“He was just utterly and completely psychopathic. A perfect – I mean, I hate to say this word – specimen.”

In 2009, Dugan’s lawyers asked Kiehl to testify about Dugan’s inclination for killing.

At the time, a jury in Chicago was deciding whether to sentence Dugan to death for the rape and murder of a 10-year-old girl. Dugan had already confessed to the murder in 1985, while he was serving a life sentence in state prison for the rape and murder of two other women. DNA evidence later established that Dugan had been at the crime scene.

In the words of one of Dugan’s attorneys, the case was “a slam dunk for the prosecution”. Out of desperation, they summoned Kiehl, a researcher at the University of New Mexico who has made it his specialty to study the brains of the incarcerated, as their star witness.

Dugan was certain to be found guilty. But, were a brain scan to identify him as psychopathic, his attorneys could argue in court that Dugan should not be sentenced to death because he was not emotionally capable of sensing right from wrong.

Kiehl thought he might have the answer Dugan’s defense attorneys wanted. He tested Dugan’s brain the same way he had tested more than 1,000 prisoners before. He interviewed him for hours, then applied his answers to a psychopathy checklist that screened for 20 traits and behaviors, like “grandiose sense of self-worth” and “pathological lying”, and assigned each trait a score. Dugan’s checklist score met the threshold for a psychopath, so Kiehl scanned his brain using what was at the time a new technique, called functional magnetic resonance imaging (fMRI), to search for any brain abnormality that might explain Dugan’s psychopathy.

During fMRI scans, researchers map which brain regions are activated in response to certain images. Kiehl scanned Dugan as he was shown pictures designed to provoke emotional responses, like a man yelling at a child or a surgical procedure.

“His score is in the highest range of any of the inmates I’ve ever met,” Kiehl told the jury, referring to Dugan’s score on the psychopathy checklist. “He’s had these symptoms and problems from a very early age.”

In an autobiographical account of his research, published five years later, Kiehl wrote that the scans showed Dugan’s brain was “atrophied”.

Dugan’s trial, 17 years ago, was one of the first US court cases to admit brain research as evidence. The case made national news. But Kiehl’s evidence didn’t convince jurors to be lenient. They sentenced Dugan to death. His sentence was later commuted to life in prison, only after the state of Illinois imposed a moratorium on the death penalty.

But what happened in the aftermath was seismic. In the years that followed Kiehl’s testimony, the science of biological criminality, though shaky, was invoked in thousands of cases. Defense attorneys, in particular, used biological evidence like brain scans to argue that their clients should receive lighter sentences.

From 2005 to 2015, the use of brain evidence in criminal defenses appeared in more than 2,800 judicial opinions, according to a 2019 study. The researchers estimated that neurological arguments for reduced criminal responsibility appeared in roughly 10-12% of US murder trials, about 25% of death-penalty trials. Overall, 40% of serious felony cases referred to brain-based evidence.

Even those figures don’t fully capture the prevalence of neuroscience-based evidence in criminal cases in the US. The study acknowledges that the 2,800 figure “likely underrepresents” such evidence, since it only captures published judicial opinions that reference brain-based arguments.

The biological argument in many of these cases is roughly similar. Echoing Kiehl’s research, attorneys would argue that some people are just programmed for criminal behavior, through no fault of their own.

Few scientists have pursued that argument more aggressively than Kiehl, who, after Dugan’s trial, became the public face of criminal brain science. He has spent the last two decades sending his mobile MRI machine to prisons and jails across the US, in an attempt to identify people with a “criminal brain”.

Critics argue these claims outrun the science, reviving an old and long-debunked idea: that criminality can be read in the body – a modern echo of eugenic thinking that once influenced US courts and public policy.


In the US, where people of color are disproportionately arrested, tried and convicted at higher rates than white people, evidence that relies solely on biological factors is also ethically dubious.

But beyond the disputed nature of the science, using biological evidence in courts can also be a double-edged sword. While defense attorneys have used it to argue for lighter sentences, it is sometimes used to make the case for more severe punishment by suggesting that some people will for ever be prone to violence.

Despite these misgivings, criminal brain science, a long discredited relic of scientific history, has returned.

The stakes are profound. A body of science that many researchers describe as unreliable has now become routine in capital cases. In US courts, this illusion of scientific certainty has led to some defendants being sentenced to death.

Kiehl likes to talk about the many occasions on which he has sat across from a prisoner and identified them as a psychopath. “They’re so utterly and totally different than the rest of us,” he says, gleefully. “It’s totally shocking … I just love it.”

He boasts about his bravery around those with criminal pasts. Most other psychopathy researchers “are never going to go into a maximum-security prison. They never could, they just wouldn’t,” he said. “It’s because it’s scary.”

Kiehl, 56, speaks in a high nasal pitch and delivers his thoughts in a rapid-fire narrative style.

During three lengthy phone interviews between November 2023 and February 2024, Kiehl described himself as an iconoclastic researcher who hoped that scientists can one day find a cure for criminal violence. He even invited me to his lab to scan my brain and experience his methodology for myself. (A week before I was due to travel to New Mexico, he rescinded the invitation and has since refused my requests for further interviews and the opportunity to comment on this story.)

Where I grew up, there was this fear. And I just remember that there was just no one who studied [serial killers]Kent Kiehl

Kiehl grew up in Tacoma, Washington – about a mile from the home of Ted Bundy, the notorious American serial killer.

Kiehl’s father, a reporter and news editor, covered Bundy’s criminal trial for the local paper. His childhood friends refused to go anywhere near the areas where Bundy had murdered his victims. But being so close to the horror sparked his interest in studying the human capacity for destructive behavior. “Where I grew up, there was this fear. And I just remember that there was just no one who studied them,” Kiehl said of serial killers.

Kiehl’s mother was 16 years old when she had him, he said, and he spent the first two years of his life in an orphanage. A Catholic couple in Tacoma adopted him. He learned of his adoption at around age 12, on a family vacation in Phoenix, when one of his adoptive sisters blurted out the truth during a fight.

The revelation violated his sense of trust. After the fight, Kiehl briefly ran away from his family. “It definitely was a good excuse for some juvenile delinquency.”

But he was academic, and went on to study psychology as an undergraduate at the University of California, Davis, where he decided, by the end of his degree, “the number one thing I’d like to study is psychopaths”.

In the 1990s, if you wanted to study criminals, there was only one place to go, Kiehl said – the laboratory of Robert Hare at the University of British Columbia in Vancouver, Canada. He had pioneered psychological research on prison populations. So, Kiehl courted him.

It took over a year for Hare to accept Kiehl into his lab. To try to win him over, Kiehl said he drove through a snowstorm to Hare’s home and brought him bottles of wine. “He thought I was nuts,” he said. “I just said: ‘I might not be your smartest student, but I will be the hardest-working student you’ve ever had.’”

Hare told me by email that he hesitated in accepting Kiehl because “his first few years at Davis were not impressive”.

Kiehl said he would never forget the day Hare relented. “He just called me and told me that he was going to accept me and that he expected big things out of me.”

Kiehl has remained in academia ever since. In 2007, he accepted a neuropsychology position at the University of New Mexico. His university webpage proclaims that his laboratory, which operates under the Mind Research Network in Albuquerque, has created “the world’s largest database of brain data” from incarcerated people.

Today, Kiehl is one of the few remaining contemporary scientists in America who concentrate their research on the incarcerated. (Criminal neuroscience is an insular field, populated by a small group of researchers whose papers often trace back to Kiehl.) His theories have been used by defense lawyers trying to convince juries that their clients had brains that predisposed them of violence.

One such defense, the 2013 case of Amos Joseph Wells III, shows how this approach can have grave consequences for defendants.

‘He didn’t ask for the brain he got’: the trial of Amos Wells


On 1 July 2013, at aabout 7.30pm, Amos Joseph Wells III walked into a police department outside Fort Worth, Texas, and told officers he wanted to die. “Put me in jail. Kill me,” he said.

A police sergeant noticed that Wells was sweating, with a “dazed, kind of spacey look on him”. “Something heavy was on his conscience,” another police officer noted.

Less than two hours before, Wells had shot his pregnant girlfriend, Chanice Reed; her mother, Annette Reed; and Chanice’s 10-year-old brother, Eddie McCuin.

After the shooting, Wells called the mother of his child, Valricia Brooks, and asked to speak to his young daughter. He told her he loved her and to be a good girl. He told Brooks he was planning on killing himself. “I don’t know why I did it. I don’t know why I killed them,” he told Brooks, crying.

Wells later testified that a hallucination of a man in white pointed him toward the police station. When he confessed to the shooting, a detective informed Wells that Chanice, Annette and Eddie had all died. Video footage captured the detective embracing Wells in the interrogation room.

The state of Texas charged Wells with capital murder. He pleaded not guilty. Two state-appointed lawyers represented him at trial, where they introduced a bold defense.

“Amos didn’t ask for his genetics, he didn’t ask for the brain he got, and he darn sure didn’t ask for the parents he got handed.”

This was the closing statement Wells’s lead attorney presented to Texas jurors in 2016, while they were deciding whether to condemn Wells to death. He argued that his genetic makeup should give the jury “cause to pause” before imposing the ultimate penalty.

They had contacted Kiehl and his colleagues to scan Wells’s brain and conduct genetic testing in an attempt to bolster their argument that Wells was biologically prone to criminal violence.

It was a risky strategy.


Wells’s trial judge didn’t allow the jury to see video footage of his expressions of remorse during his police confession – evidence that his new attorneys, who have fought to get him off death row, say could have helped his case, along with a humanizing history of Wells’s troubled life and struggles with mental illness.

Instead, Wells’s own lead counsel explicitly told the jury that Wells had “no control” over his nature. The judge allowed this disputed science to stand as evidence that Wells would for ever present a future danger to society.

Court documents show that, by using the brain and genetic evidence, Wells’s trial attorneys had hoped to secure a sentence of life in prison. Instead, just as in Dugan’s case, the jury condemned Wells to death.


A decade on, Wells is now represented by attorneys at the international law firm Cooley LLP, who have urged the supreme court to intervene in the case. They argued that Wells’s trial was tainted by pseudoscience and racism, in violation of his constitutional right to effective assistance of counsel. The National Association for the Advancement of Colored People, the civil rights group, filed a brief in support of Wells, as did 29 scientists and lawyers, and representatives from two US law schools.

They believe the biological evidence Wells’s defense attorneys presented at trial, rather than help spare Wells’ life, made a powerful argument for his execution.

But what is it about the evidence presented in this case by Kiehl and his colleagues that these scientists and attorneys find so troubling? And what does it mean for the thousands of other cases that rely on similar evidence?

Picking up where phrenology left off


To understand what went wrong in Wells’s case, it’s helpful to first understand that Kiehl’s hopefulness about discovering the biological roots of criminality, and their potential to remake the criminal legal system, are part of an old and tragic tale.

For more than two centuries, scientists have entered the public arena claiming to have decoded criminality in the human body. Legal practitioners have embraced the science, infatuated by the idea that, under criminal law, human beings may no longer be judged by what they do, but by who they are.

In the early 19th century, the science of biological criminality was called phrenology.

Austrian anatomist Franz Joseph Gall had developed theories of criminal behavior by examining the heads of people convicted of crimes. He ascribed arbitrary terms such as “combativeness” and “destructiveness” to bumps and hollows in their skulls. Through the right types of brain exercise, phrenologists proposed, people could change their brains and characters.

In the US, judges used phrenology to assess the mental states of people on trial for murder, lawyers introduced it at criminal trials to argue for lighter sentencing and police departments used it to determine who might commit future crimes.

Yet by the late 1800s, phrenology had been discredited and was banned from many parts of the US.

A young Italian doctor, Cesare Lombroso, picked up where phrenology left off. While working at an Italian asylum through the late 1800s, he opened the skulls of people incarcerated there and claimed to find evidence of abnormal brains in those who had been convicted of crimes. He wrote the criminal brain resembled that of “the rodent or lemur, or the brain of a human fetus of three or four months”.

By the mid-20th century, biological theories of criminal behavior had fallen out of favor again, carrying the memory of Nazi Germany, where ideas of innate criminality were used as a tool of social control and as rationalization for the murder of millions. In the US, biological theories of crime spurred mandatory sterilization policies and restrictive immigration laws.

Now, Kiehl argues, the science has progressed. It is rigorous and grounded in hard data.

“We wanted to bring the very best science to the legal system,” Kiehl said, referring to himself and his colleagues.

But critics have argued that the ghost of Lombroso lives on in contemporary criminal brain research like Kiehl’s, carrying forward the idea of a deterministic relationship between violent behavior and “abnormal” brains.

“The problem with these kinds of deterministic approaches is that people are looking for a single, simple explanation of a complex, multi-determined behavior. And in the end, that never works out,” said Dr Paul S Appelbaum, a psychiatrist at Columbia University who has studied the use of brain research in criminal sentencing.

Sociologist Oliver Rollins, who has studied Kiehl’s research alongside the resurgence of criminal brain science, said that scanning the brains of prisoners to predict violent behavior raises serious ethical problems, because the prison population itself is shaped by racism.

Black and Latino people are disproportionately incarcerated in the US – the result of decades of unequal treatment by police, courts and other institutions that have consistently produced harsher outcomes for people of color. Any brain study conducted in prisons will therefore disproportionately study people of color, not because they are more prone to violence, but because the criminal legal system has put them there. Yet neuroscience has no way to account for that. That, Rollins said, is an unresolvable contradiction.

On at least one occasion, Kiehl’s research explicitly addressed ethnicity. A 2024 study, using a psychopathy checklist and IQ scores to test an incarcerated group of predominantly Latino boys, said those tools reliably predicted that they would go on to be arrested for felonies.

“So many of these researchers don’t want to go on the record to talk about ethical issues because they feel that they’re going to be painted as either racist or sexist or deterministic,” Rollins, who signed on to an amicus brief in opposition to Wells’s death sentence, said. “But if you’re not going to engage in these kinds of ethical questions, then how do we make sense of the ethics of this particular type of work?”

In response to his critics, Kiehl said that his work is peer-reviewed and publicly funded by the National Institutes of Health. He said his work goes through a rigorous ethical review process. According to NIH data, Kiehl has received more than $41m dollars from the agency since 2005 – including over $3m in grants under the Trump administration, between 2025 and 2026.

Brain imaging is not the only scientific tool used to evaluate who may be predisposed to crime. Analyzing genetic information has also become more common. Since the 1990s, funders like the NIH have increasingly funneled money to studies that examine genetic information as a tool to potentially solve social problems, like crime. But since Donald Trump returned to the White House, such ideas have been more explicitly endorsed.

At a 2020 campaign rally, Trump praised the “good genes” of Minnesota residents, a majority-white state. In a 2024 radio interview, he suggested that immigrants commit crimes because “it’s in their genes.”

The president’s pseudoscientific suggestion that immigrants, or people of particular racial groups, hold particular genes, or genetic predispositions, fits a historical pattern of political rhetoric. When governments want to control a population, science has often been recruited to make the case that the population in question is biologically fated to drive poor social outcomes, like crime.

Kiehl, for his part, accepts that the criminal justice system is biased, but said that he believes it is biased toward people of low socioeconomic status, not race.

“Because if you go to rural Ohio, it’s all Caucasians who are low [socioeconomic status] that are there, but if you go to a city where there’s low [socioeconomic status] dominated by other minorities, then you’re going to get that in the [prison] system, and it is just so biased in that way,” he said.

In fact, data shows that Black people are more than five times more likely to be incarcerated in Ohio than white people. For almost a century, people of color have been disproportionately incarcerated in the US when compared with white people, and racial disparities have amplified since incarceration rates began rising in the 1970s.

Kiehl also told me there could be “a lot of benefit” to scanning the brains of everyone incarcerated in Chicago’s Cook county jail – America’s largest jail system – to see who is most predisposed to violence, which would inform “who should get out and who should stay”. But he acknowledged that local officials would face opposition from people who he had identified as “high risk” for committing new crimes.

“You also have to face the issue of Cook county being 70% African American,” Kiehl said. “People are going to be unhappy that you’re scanning African Americans and saying that there’s something wrong with their brains. And so you have to be able to deal with that.”

In reality, Kiehl “dealt with that” by focusing largely on the brains of prisoners, rather than on the social forces that shape who is policed and incarcerated in US society. Yet his research has attracted tens of millions of dollars in both public and private funding.
A ‘vast over-claimer’ who was ‘leading the marketing’

Kiehl’s promise to uncover the biological roots of criminality gave him a huge public platform. He became one of the most visible public advocates for the use of brain science in the courtroom.

In 2013, he appeared in a PBS docuseries called Brains on Trial, hosted by the actor Alan Alda. In 2014, he published an autobiographical account of his research titled The Psychopath Whisperer, in which he evangelizes about the promise his research techniques hold for detecting criminality. In 2015, he filmed a National Geographic documentary with Morgan Freeman on the nature of evil, where Kiehl and the Shawshank Redemption star interview Dugan side by side in a maximum-security prison.

Yet it seemed to me that, the more questions I asked Kiehl, the more evasive he became. Previous coverage of his work, including a 2008 feature in the New Yorker, had been largely admiring, and he seemed unprepared for scrutiny. Ahead of a planned visit to his lab, he told me that embedding a journalist in his research would be an “extra burden” on his staff and “a stressor that can be avoided”. Then he stopped replying completely.

Eyal Aharoni, a psychology researcher at Georgia State University who has collaborated with Kiehl on crime-prediction studies, described Kiehl’s statements to the media as a kind of marketing campaign. “You need some people to be sort of leading the marketing of the science so that we get the funding to do the work,” he said.

But leading scientists say the promises he was making in the media did not reflect the research he published.

Much of Kiehl’s celebrity was based on a study he published that was supported by the John D and Catherine T MacArthur Foundation in which Kiehl and his co-authors wrote that the brain activity of people released from prison predicted their subsequent rearrest.

We just don’t have the tools and technologies to measure enough things about the brain to have such strong predictions of any behavior Satrajit Ghosh,  MIT

Satrajit Ghosh, a neuroscientist at MIT, says that predicting human behavior through brain scans is the stuff of “extreme sci-fi”. It is not currently scientifically possible to have a brain-based view of criminal behavior. “We just don’t have the tools and technologies to measure enough things about the brain to have such strong predictions of any behavior, let alone criminal behavior,” he said.

The brain is still such a mystery, and imaging tools remain so limited, that imaging studies carry the risk of simply confirming what the researchers were looking for, Ghosh said. Using an MRI, a researcher could rationalize any observation they want to see.

“That’s what phrenology is, right? They were measuring bumps and saying, ‘We think this person has this behavior because of these bumps,’” he said. Ghosh emphasizes that many neuroscientists are doing valuable work in this field, but notes a similar reverse inference problem exists in MRI scanning. Some scientists can see brain images materialize on a screen, and then “try to come up with an explanation for it”.

Stephen J Morse, a legal scholar at the University of Pennsylvania who has written about the limited relevance of neuroscience for criminal law, and who once worked with Kiehl, described him as a “vast brain overclaimer”.

Throughout our conversations, Kiehl insisted that his brain scans are a promising method for detecting who is prone to criminality in society. But he understands the idea would be met with reservations.

“If the algorithm says, ‘I’m sorry, you’re going to have to wear an ankle bracelet for the rest of your life,’ or ‘You’re so high risk we are never going to let you out,’” people will push back against the outcome, Kiehl said.

Despite his faith in his technology, even Kiehl has been forced to admit that, sometimes, his research has failed to reflect the certitude of its conclusions.

In an October 2018 paper published in the Cambridge University journal Psychological Medicine, Kiehl and colleagues said that their MRI scans, conducted on 495 prisoners in the Wisconsin and New Mexico prison systems, revealed an association between people with psychopathic traits and reduced brain volume. In February 2019, the paper was retracted with minimal explanation.

When I asked Kiehl about the retraction, he told me in an email that the errors were an honest mistake. He put them down to a student not using the data properly. That student “learned a valuable lesson”, he said.

By that time, his work and influence had already extended well beyond his lab.

From 2007 to 2011, Kiehl served as part of a thinktank of legal scholars and scientists called the Research Network on Law and Neuroscience, which was funded by the MacArthur Foundation until 2021. Its stated goal was to “make neuroscience accessible and beneficial to America’s courtrooms”. As part of this project, lawyers and neuroscientists, including Kiehl, met with federal judges across the country.

Kiehl told me that, while working with the MacArthur project, he had “lectured to probably every federal judge in America” about how to tell good neuroscience from bad.

“I don’t know how many federal judges there are but I did lecture to 1000s of them and I certainly traveled enough over those years to feel like I had lectured to all of the federal judges in the US!” he later wrote in an email. (There are 890 federal judgeships.) He noted that he still lectures to judges. “I talk with many of them routinely and actively consult if they request it,” he wrote.

Critics of the MacArthur Foundation’s judge-education effort, including Rollins, have argued training judges to evaluate neuroscientific evidence may have risked doing the opposite of what it intended. Instead of helping judges apply brain imaging cautiously to cases, it may have given it unintentional legitimacy.

Morse, of the University of Pennsylvania, was part of the MacArthur Foundation’s neurolaw cohort. He said he witnessed many of Kiehl’s lectures to federal judges and found it “frustrating” because Kiehl was constantly overstating the relevance of neuroscientific research for the law. Kiehl did not take in any feedback from Morse or his colleagues, he said. Kiehl just “brushed it off”.

The year after Kiehl’s tenure with the MacArthur Foundation ended, he and his wife, attorney Lyn Kiehl, began operating a private company called Mindset that conducted brain scans and genetic testing for criminal defendants, selling the results to defense attorneys.

Kiehl told me that he had “created” the company, but said his wife, Lyn Kiehl, ran Mindset because conflicts of interest required him to stay behind the scenes. There were “conflicts of interest all over the place,” he said. “So I had to be a backseat driver.” (Lyn Kiehl did not respond to a request for comment.)

Kiehl said that the company had been involved in over 200 capital cases. One of those cases belonged to Amos Wells.

It was in 2014 that Kiehl sent a mobile MRI machine to a jail in Tarrant county, Texas, emails and court exhibits say. There, Amos Wells awaited trial on capital murder charges.

‘Racially charged junk science’: could Amos Wells have avoided death row?

“There are cases that just stay with you,” said Dr Jolie Brams, a psychologist who has worked with defendants in death penalty cases since the early 1990s.

In December 2014, around the same time that Kiehl’s company was helping the defense with its high-risk strategy that Wells’s biology predisposed him to violence, Brams was appointed the mental health expert on Wells’s defense team, where she was tasked with building a comprehensive picture of his life, going back three generations, to “provide a basis for a sentence less than death”, according to American Bar Association guidelines for death penalty defenses.

Her job, she said, was to explain how Wells was influenced by his life experiences. Genetic issues are only “a small piece” of someone’s life story, she said. “We look at larger sociological issues such as poverty and culture. But most of all, we look at the pixels of a child’s life, and we look at their experiences over critical developmental periods.”

Brams noted in her case file that Wells had a history of dissociative experiences that echoed symptoms of psychosis suffered by other members of his family, who had also survived traumatic childhoods marked by sexual abuse, violence and abandonment.

“Environment forms the brain,” Brams continued. Yet Wells’s trial counsel “ridiculed and minimized” Brams’s findings in favor of using evidence that Wells’s genes determined his behavior, she said.

According to court documents filed by new defense attorneys after his trial, Wells was born to an 18-year-old mother in Fort Worth, Texas, in the early 1990s – a city so marked by gun violence that local people called it “Murder Worth”.

“Me and Amos saw all kinds of stuff growing up. It was very violent in our neighborhood,” his younger brother, Amron Wells, testified for Wells’s state habeas petition. “We lived in the hood. I started carrying a gun when I was in the eighth grade because I had to protect myself.”

In their own home, the Wells brothers witnessed frequent bouts of domestic violence between their parents, who were arrested for assaulting each other when Wells was seven years old, court documents say. Wells himself endured severe physical abuse throughout his childhood, including regular beatings with belts and extension cords from multiple caregivers. At age seven, he was sexually abused by one of his caregivers, continuing a tragic legacy in which family members across three generations had become victims of childhood sexual violence.

While in elementary school, Wells suffered from early onset psychosis, documents say. Hallucinations of large beasts and Satan plagued him. His mother suffered from bouts of psychosis as well, and told Wells that his visions were real. He struggled with depression, night terrors and sleepwalking throughout his childhood, and felt abandoned by his father after he disappeared into federal prison without explanation.

Despite Wells’s signs of distress, he never received consistent mental health treatment, his court documents say.

There is no disputing the gravity of Wells’s crimes. But legal scholars and post-conviction attorneys have argued that he was entitled to a competent defense team, and a sentencing determination free from “racially charged junk science” that falsely painted him as remorseless.


Wells, through his attorneys, declined to speak to the Guardian. His family, through his mother, Twyla Franklin, also declined to provide comment. (In a text message, she described Wells as her “sonshine”. Wells’s brother, Amron, wrote by text that Wells, unlike how he has been portrayed in the media, “wasn’t a monster at all”.)

Brams foresaw that it would be dangerous to present a defense centered on Wells’s genes and brain to a jury – especially in the state of Texas.

Texas is one of only two states in the US where, in order to sentence someone to death, jurors must determine whether it is a “probability” that the defendant would be “a continuing threat to society” – a legal standard known as “future dangerousness”.

“Once you start talking about determinism, like genetics, that gets to be very iffy, because people start to wonder, ‘Would that person ever be different?’ And that is probably the worst thing you can do in a capital case,” Brams said.

Brams was part of a mitigation team put together by Wells’s state-appointed trial attorneys, William H Ray and Stephen Gordon, who hired Kiehl’s for-profit company, Mindset, to assemble a team of scientific experts. (Ray and Gordon declined to comment for this story.)

According to court documents filed by Wells’s post-conviction attorneys, Ray and Gordon sought to defend Wells using the same strategy they had employed in the cases of other Black defendants, one focused on “bad” biology. Ray and Gordon also put forward a “violent genetics” theory in their cases, using brain scans, genetic testing and expert testimony coordinated entirely by Mindset.

Although Brams was called to testify, court documents suggest her findings took a back seat to the defense’s focus on Wells’s biology – their evidence from MRI scans, saliva samples and genetic testing all amounted to the same conclusion: that Wells could not control his actions.

The genetic tests were performed by Silvia Pellegrini, a biologist, Kiehl associate and professor of biochemistry at the University of Pisa in Italy, who testified that Wells had a variant of a gene called monoamine oxidase A (MAOA). The defense then called her husband, psychiatrist Dr Pietro Pietrini, another associate of Kiehl’s, to testify that there was a strong connection between the MAOA gene variant and an “increased risk for violent behavior”.

He reassured the judge, Ruben Gonzalez, Jr, that these findings were highly credible.

However, Pietrini’s testimony was “not actually true”, Marcus Feldman, a geneticist at Stanford University who has written about the failures of genetic determinism, told the Guardian.

In fact, by the time of Pietrini’s testimony in November 2016, research linking the MAOA gene to violent behavior had not been reliably replicated, Feldman said. Studies linking individual genes to human behavior had been widely discredited and abandoned by behavioral geneticists.

(Neither Pietrini nor Pellegrini responded to requests for comment.)

Mindset also put forward a psychiatrist named Dr William Bernet who, according to a court transcript, testified that he had initially believed the link between low-activity MAOA and Black people was “marginal”, until he read research by criminologist Kevin Beaver.

Beaver has published studies linking low-activity MAOA in Black people to violence and criminality, and has associated low-activity MAOA with gang membership and weapon use. His work has been celebrated in white supremacist circles, like the neo-Nazi website Stormfront, to justify scientific racism and racial hierarchies.

Bernet ultimately testified that “African-American subjects who have this genetic risk were more likely to get in trouble later through some kind of violent activity.”

Bernet, in an interview with the Guardian, denied ever having testified about Beaver’s research, and said he had never heard of him (ignoring the court transcription, seen by the Guardian, that shows that he did). He said he was unaware of wide scientific consensus on the invalidity of the research, but that his testimony was scientifically defensible.

Following the interview, Bernet sent an email to legal scholar Nita Farahany, a co-author of one of the amicus briefs sent to the supreme court contesting the genetic evidence in Wells’ case, and cc’d the Guardian. “Several statements in your amicus brief are flatly incorrect, and neither Ms. Hopkins nor the Supreme Court of the United States should rely on them,” he wrote. The brief argues that Bernet’s testimony was “constitutionally impermissible” because it “rested on widely discredited genetic studies”.

The prosecution argued that the jury’s task of finding a “probability” that Wells would commit future violence was “easy”, because the defense had “conceded it through all their experts”. They urged the jury to believe the defense’s experts “word for word”.

“One thing they all agreed on is this guy’s dangerous,” the state’s attorney told the jury. “He’s never going to not be dangerous.”

The jury sentenced Wells to death.

He remains on death row.

His new lawyers say that, by introducing expert testimony arguing that Wells was biologically predisposed to violence, his trial counsel conceded the future dangerousness standard to the prosecution.

If you tell a jury that a Black man is genetically wired for violence, you’re inviting them to see him through racist stereotypes

Matthew Kutcher

It is “just inherently risky to present to a jury evidence that your client is inherently dangerous”, said Matthew Kutcher, a partner at Cooley LLP, who is now representing Wells.

“I would say also, just as a matter of common sense, if you tell a jury that a Black man is genetically wired for violence, you’re inviting them to see him through racist stereotypes, not as an individual,” he continued.

According to legal experts and Wells’s post-conviction attorneys, the expert testimony coordinated by Mindset, slid from contested neuroscience and genetics into echoing debunked, racist psuedoscience: specifically that socially bad outcomes, like crime or poverty, are rooted in the genes of certain populations.

Wells has few legal options left and remains on death row.

Since Wells’s trial, Kiehl has continued to collaborate with Pellegrini and Pietrini on criminal brain research. In 2023, they were co-authors on a study alleging they had detected abnormal brain structure in a sample of 800 incarcerated men. The study was republished in May.

Brams, for her part, can’t shake her memories of Wells’s death penalty defense nearly 15 years ago.

“I have never, ever seen a defense focus 90% on a theory that has been unfounded,” Brams said, anger brimming in her voice. “It was upsetting from a professional standpoint, but it was also upsetting from an emotional standpoint, in the sense that I knew intellectually, experience-wise, and in my heart what Amos deserved. And he did not deserve what he got.""

The entire story can be read at: 


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog. FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."Lawyer Radha Natarajan: Executive Director: New England Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;