FBI overstated hair match crisis (9); (The Emperor's clothes); Dahlia Lithwick takes on "Pseudoscience in the witness box" and shows how "the FBI faked an entire field of forensic science." Slate. Lithwick reacts to the Washington Post report that "flawed forensic hair matches might have led to possibly hundreds of wrongful convictions for rape, murder, and other violent crimes." (Must, Must Read. HL);
HEADING:
"Pseudoscience in the witness box: The FBI faked an entire field of
forensic science," by Dahlia Lithwick, published by Slate on April 22,
2015.
SUB-HEADING: "The Washington Post reported
that flawed forensic hair matches might have led to possibly hundreds
of wrongful convictions for rape, murder, and other violent crimes."
GIST: The Washington Post published a story
so horrifying this weekend that it would stop your breath: “The Justice
Department and FBI have formally acknowledged that nearly every
examiner in an elite FBI forensic unit gave flawed testimony in almost
all trials in which they offered evidence against criminal defendants
over more than a two-decade period before 2000. What went wrong? The Post continues: “Of 28
examiners with the FBI Laboratory’s microscopic hair comparison unit, 26
overstated forensic matches in ways that favored prosecutors in more
than 95 percent of the 268 trials reviewed so far.” The shameful,
horrifying errors were uncovered in a massive, three-year review by the
National Association of Criminal Defense Lawyers and the Innocence
Project. Following revelations published in recent years, the two groups
are helping the government with the country’s largest ever post-conviction review of questioned forensic evidence. Chillingly, as the Post continues, “the cases
include those of 32 defendants sentenced to death.” Of these defendants,
14 have already been executed or died in prison. The massive review raises questions about the veracity of not just
expert hair testimony, but also the bite-mark and other forensic
testimony offered as objective, scientific evidence to jurors who, not
unreasonably, believed that scientists in white coats knew what they
were talking about. As Peter Neufeld, co-founder of the Innocence
Project, put it, “The FBI’s three-decade use of microscopic hair
analysis to incriminate defendants was a complete disaster.”........Horror stories abound. George Perrot (profiled by Ed Pilkington of the Guardian) may have spent 30 years in prison based on erroneous forensic hair testimony. Mississippi bite-mark expert Michael West, about whom Balko has written extensively, was shown in a recent film jamming the suspect’s dental mold into the body of a young victim. Santae Tribble
served 28 years for a murder based on FBI testimony about a single
strand of hair. He was exonerated in 2012. It was later revealed that
one of the hairs presented at trial came from a dog. And the reign of pseudoscience in the witness box hardly stops at hair and bite marks. It sweeps in the testimony of forensic psychiatrists like James Grigson, nicknamed Dr. Death for his willingness to testify against capital defendants, and flawed arson analysis that may have contributed to the execution of Texas’ Cameron Todd Willingham. Jurors grass-fed on CSI-Someplace and Law and Order
believe uncritically in experts who throw around words like “cuticle”
and “cortex,” and why shouldn’t they? These folks are supposed to be
analysts who answer to the rules of science, not performance artists
trotted out for the benefit of the prosecution. Since prison-crowding and justice reform are widely touted as issues
that unite the left and the right in this country, going back and
retesting the evidence of those who may well have been wrongly
imprisoned should be a national priority. So far it isn’t, perhaps
because the scope of the enterprise is so daunting. Or
perhaps because nobody really cares all that much about people who’ve
been sitting in jail for years and years. Says Garrett: “These victims
may remain unrecognized and in prison—if they still live—and the same
unscientific testimony continues to be delivered without limitation. …
But hey, these are just criminal cases right?”
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case. I
have added a search box for content in this blog which now encompasses
several thousand posts. The search box is located near the bottom of
the screen just above the list of links. I am confident that this
powerful search tool provided by "Blogger" will help our readers and
myself get more out of the site. 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. The Star has a "topic"
section which focuses on recent stories related to Dr. Charles Smith. It
can be found at: http://www.thestar.com/topic/charlessmith Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html I look forward to hearing from readers at:
Two Blogs Now: The Charles Smith Blog; The Selfless Warriors Blog: I created the Charles Smith Blog in 2007 after I retired from The Toronto Star to permit me to keep digging into the story of the flawed pathologist and the harm he had done to so many innocent parents and caregivers, and to Ontario’s criminal justice system. Since then it has taken new directions, including examinations of other flawed pathologists, flawed pathology, and flawed science and technology which has marred the quality of justice in courtrooms around the world. The heart of the Blog is my approach to following cases which raise issues in all of these areas - especially those involving the death penalty. I have dedicated 'The Selfless Warrior Blog’ (soon to appear) to those exceptional individuals who have been ripped out of their ordinary lives by their inability to stand by in the face of a glaring miscarriage of justice. They are my ’Selfless Warriors.’ Enjoy!