"MEANWHILE, AS HAYNE CONTINUES TO DO AUTOPSIES AND TESTIFY, DEFENSE ATTORNEYS IN A HANDFUL OF CASES HAVE ATTEMPTED TO IMPEACH HIM BY CITING MY REPORTING, AS WELL AS THE OTHER CRITICISM FROM HAYNE'S PEERS. THE COURTS HAVE DISMISSED THESE MOTIONS. THEY ALSO OFTEN REFUSE EVEN TO GIVE AN INDIGENT DEFENDANT FUNDS TO HIRE HIS OWN EXPERT TO REVIEW HAYNE'S WORK, LEAVING HAYNE AS THE ONLY MEDICAL EXPERT TO TESTIFY AT TRIAL."
RADLEY BALKO: SLATE;
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In recent posts I have focused on journalist Radley Balko's unflinching battle to expose the unwillingness of the Mississippi criminal justice system to correct its lethal errors - and the poisonous role played by Doctors Michael West and Steve Haynes (The Bite-Marks Men) in serving up wrongful convictions to the state.
In the light of a recent developments - including the lawsuit launched by Mssrs. Brooks and Kennedy last week, it is worth revisiting Balko's article "The Bite-Marks Men: Mississippi's criminal forensics disaster," on Wednesday February 20.
"Between them, Kennedy Brewer and Levon Brooks served more than 30 years in Parchman Penitentiary in Mississippi," the article begins;
"Brewer was sentenced to death, Brooks to life without parole," it continues;
"The crimes for which each was convicted are remarkably similar: A female toddler was abducted from her home, raped, murdered, and abandoned in the woods. In each case, Mississippi District Attorney Forrest Allgood decided early on that the boyfriend of the girl's mother was the culprit. In each case, he asked Dr. Steven Hayne to perform the autopsy. And in each case, Dr. Hayne called in Dr. Michael West to perform some analysis of bite marks on the children. West claimed to have found bite marks that had been missed by other medical professionals and then testified in court that he could definitively match these marks to the teeth of the men Allgood suspected of committing the murders.
In each case, West was wrong. Two weeks ago, Mississippi Attorney General Jim Hood announced that police had arrested 51-year-old Albert Johnson for the toddlers' murders. Johnson's DNA matched that found at the scene in both crimes. And according to Hood, when confronted with the evidence, Johnson confessed to both crimes. Brewer and Brooks were released from prison last week. These may turn out to be the first in a string of exonerations we'll see coming out of Mississippi. For the last 20 years, the state's criminal autopsy system has been in disrepair. Nearly every institution in the state has failed to do anything about it.
Last November, I wrote an investigative feature for Reason magazine about all of this, focusing in particular on the way in which Dr. Hayne has come to monopolize the state's autopsy business. I was astonished by what I found. Contrary to the story lines on shows such as CSI, forensics is far from an exact science. Even something seemingly as precise as DNA testing still requires careful preservation of evidence and is subject to human error and malfeasance. One key problem is that forensics labs often fall under the auspices of prosecutors. Even honest crime-lab workers, medical examiners, and other experts can be subtly influenced to make evidence conform to a prosecutor's wishes. In recent years, scandals have rocked crime labs across the country, even labs once considered world-class, such as the FBI's crime lab and the state lab in Virginia. In Mississippi, what's especially troubling is that state officials have had plenty of warning that something is wrong, and they've steadfastly refused to do anything about it.
According to the National Association of Medical Examiners, a doctor should perform no more than 250 autopsies per year. Dr. Hayne has testified that he performs 1,200 to 1,800 autopsies per year. Sources I spoke with who have visited Hayne's practice say he and his assistants will frequently have multiple bodies open at once, sometimes smoking cigars and even eating sandwiches while moving from corpse to corpse. They prefer to work at night, adding to their macabre reputation.
Hayne isn't board-certified in forensic pathology, though he often testifies that he is. The only accepted certifying organization for forensic pathology is the American Board of Pathology. Hayne took that group's exam in the 1980s and failed it. Hayne's pal Dr. West is even worse. West has been subject to exposés by 60 Minutes, Time, and Newsweek. He once claimed he could definitively trace the bite marks in a half-eaten bologna sandwich left at the crime scene back to the defendant. He has compared his bite-mark virtuosity to Jesus Christ and Itzhak Perlman. And he claims to have invented a revolutionary system of identifying bite marks using yellow goggles and iridescent light that, conveniently, he says can't be photographed or duplicated.
Mississippi's system is set up in a way that increases the pressure on forensics experts to find what prosecutors want them to find. The state is one of several that elect county coroners to oversee death investigations. The office requires no medical training, only a high-school diploma, and it commonly goes to the owner of the local funeral home. If a coroner suspects a death may be due to criminal activity, he'll consult with the district attorney or sheriff, then send the body to a private-practice medical examiner for an autopsy. The problem here is that a medical examiner who returns unsatisfactory results to a prosecutor jeopardizes his chance of future referrals. Critics say Hayne has become the preferred medical examiner for Mississippi's coroners and district attorneys, because they can rely on him to deliver the diagnoses they're looking for.
Under state law, this whole process is supposed to be overseen by a board-certified state medical examiner. The last two people to hold that office, Dr. Lloyd White from 1988 to 1992 and Dr. Emily Ward from 1993 to 1995, were appalled at the way the state was handling death investigations. Both tried to implement reforms. And both were met with fiery resistance. Dr. Ward's tenure was particularly raucous. West (who at the time was the elected county coroner for Forrest County) circulated a petition signed by slightly more than half the state's coroners calling for her resignation. The legislature has largely refused to fund the office since. It's been vacant since 1995.
Meanwhile, as Hayne continues to do autopsies and testify, defense attorneys in a handful of cases have attempted to impeach him by citing my reporting, as well as the other criticism from Hayne's peers. The courts have dismissed these motions. They also often refuse even to give an indigent defendant funds to hire his own expert to review Hayne's work, leaving Hayne as the only medical expert to testify at trial.
That's what happened in the case of Jeffrey Havard, on death row in Parchman for killing his girlfriend's infant daughter. Before trial, Havard's lawyer asked the court for money to hire an outside expert, citing concerns about Hayne's credibility. The request was denied. After Havard's conviction, his legal team was able to get former Alabama State Medical Examiner Dr. Jim Lauridson to review Hayne's work. Lauridson found it lacking, to say the least. He told me last fall that Havard's case is "a travesty of justice." Yet in a ruling Kafka would not believe, the Mississippi Supreme Court refused to even consider Lauridson's review of Hayne's autopsy. The review was new evidence, the court determined, and should have been introduced at trial.
After the Brewer and Brooks exonerations last week, the Innocence Project's Peter Neufeld called for an investigation into Hayne and West. Even before that investigation happens, Hayne and West should stop testifying or doing autopsies. The state also needs to review every case in which either of these two men has ever testified; such investigations have followed forensic scandals in West Virginia, Oklahoma City, Houston, and other places.
As those other scandals indicate, Mississippi certainly isn't the first state to have problems with its forensics system. The difference is that other jurisdictions have responded with thorough investigations and honest efforts to correct deficiencies and repair damage done. Over the years, Mississippi has had ample such opportunities, and state officials have done nothing. Perhaps more exonerations will force the state to change its bad ways. But thus far, there's no sign of that: In a recent article that ran in Jackson's Clarion-Ledger, Attorney General Hood defended Hayne's integrity and expertise, even as he was exonerating Brewer and Brooks, two men wrongly imprisoned due in part to Hayne's work.
Harold Levy...hlevy15@gmail.com;
