PASSAGE OF THE DAY: "The FBI identified 3,000 of its cases that used microscopic hair analysis. After reviewing the first 268 cases, the FBI found that its examiners had given erroneous statements that wrongly implicated the defendant in at least 90% of these cases. Ninety. Percent. So far, 16 people who were wrongly convicted based on the FBI's misuse of hair analysis have had their convictions vacated.
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RELEASE: "How Santae Tribble's case prompted a review of the FBI's use of hair analysis," published by The Innocence Project on August 3, 2020.
GIST: "At the end of June, Santae Tribble died at age 59 after battling a long illness. He spent 22 years in prison for a crime he didn't commit, and was able to enjoy just eight years of freedom after being exonerated, but his fight for justice had a lasting impact on many.
Santae was wrongfully convicted largely based on the FBI's misuse of hair microscopy. An FBI analyst at the trial concluded that one of the hairs from the crime scene "matched" Santae's and that there was only "one chance in 10 million" that the hair could belong to someone else.
But we now know that these analysts grossly exaggerated the significance of their findings — and not just in Santae's case, but in hundreds of others. Their statements led to many wrongful convictions. Santae's case and several others were brought to light by the work of the D.C. Public Defender's office.
Because of their work and Santae's case, the Innocence Project and the National Association of Criminal Defense Lawyers began pressing the FBI and Department of Justice to correct the falsehoods, notify affected defendants, and review past cases.
The FBI identified 3,000 of its cases that used microscopic hair analysis. After reviewing the first 268 cases, the FBI found that its examiners had given erroneous statements that wrongly implicated the defendant in at least 90% of these cases. Ninety. Percent. So far, 16 people who were wrongly convicted based on the FBI's misuse of hair analysis have had their convictions vacated.
Santae wasn't an Innocence Project client, but we continue to be motivated by his life and memory. To substantially reduce the likelihood that others will experience the same injustice as Santae, we must continue to question and demand more from the government institutions that deprived him of so much of his life and freedom."
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Read The National Registry of Exonerations entry by Maurice Possley at the link below: In the early morning hours of July 26, 1978, John McCormick, a 63-year-old cab driver, was fatally shot outside of his home in Washington, D.C.
His wife, Belva, heard her husband pleading for his life and then a gunshot. When she looked out a window, she saw a man wearing a stocking over his head and called police. Her husband’s body was found on their front porch.
A police dog found a stocking on the sidewalk a block away. Inside, police found several strands of hair. The hair was sent to the FBI for analysis and one strand was determined suitable for comparison.
The shooting was the second murder of a middle-aged white man in that neighborhood that month. William Horn, a 52-year-old employee of a floral shop, was robbed and shot to death on July 13, 1978.
Ballistics testing indicated that both men were shot with the same 32-caliber pistol.
Nine days after McCormick’s murder, Bobby Jean Phillips told police that Santae Tribble, 17, and Cleveland Wright, 20, sold a .32-caliber revolver for $60 to her roommate, who was Wright’s girlfriend.
Phillips turned over some shell casings from the gun to police, but the gun was never recovered. Police were unable to link the casings to the bullets that killed Horn and McCormick. Police did find .32-caliber ammunition at Tribble’s mother’s home and at Wright’s home, but could not connect the bullets to either crime.
Ronald Willis, 17, told police that Wright was involved in Horn’s slaying, but that Tribble was not involved. In November 1978, however, Willis told a grand jury that Tribble admitted that he acted as a look-out for Wright in the Horn murder.
In August 1978, Wright and Tribble were charged with both murders. Wright was accused of being the gunman and Tribble was accused of acting as the look-out.
In November 1978, Tribble took and passed a polygraph examination, denying that he was involved in either murder.
The cases against Tribble and Wright were severed. In November 1979, Wright went on trial first in the District of Columbia Superior Court.
On January 28, 2014, a judge vacated Wright’s conviction and dismissed the case. In May 2015, the judge granted Wright a certificate of innocence, clearing the way for him to receive $50,000 for each of the 28 years he spent in prison. Wright also sought compensation under the District of Columbia Unjust Imprisonment Act and filed a federal civil rights lawsuit. Both were resolved for undisclosed amounts. Tribble died in 2020 from a lengthy illness that his son attributed to his years of incarceration.
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PASSAGE OF THE DAY: (NATIONAL REGISTRY): In 2009, Tribble read a news article about the exoneration of Donald Gates who had been convicted of murder in Washington, D.C., on the basis of hair analysis by the FBI. Mitochondrial DNA testing of the hair evidence in Gates’ case showed that the hair used to convict him was not his. Tribble reached out to Sandra Levick, of the Public Defender Service for the District of Columbia, who had represented Gates. The hair evidence from Tribble’s case was sent for mitochondrial DNA testing. Wright, who had been acquitted of the McCormick murder where the stocking was found, also submitted his DNA for testing. On January 5, 2012, DNA testing excluded both Tribble and Wright as sources of the hair, and proved that the hair used to convict Tribble did not come from him or his alleged accomplice."
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Read The National Registry of Exonerations entry by Maurice Possley at the link below: In the early morning hours of July 26, 1978, John McCormick, a 63-year-old cab driver, was fatally shot outside of his home in Washington, D.C.
His wife, Belva, heard her husband pleading for his life and then a gunshot. When she looked out a window, she saw a man wearing a stocking over his head and called police. Her husband’s body was found on their front porch.
A police dog found a stocking on the sidewalk a block away. Inside, police found several strands of hair. The hair was sent to the FBI for analysis and one strand was determined suitable for comparison.
The shooting was the second murder of a middle-aged white man in that neighborhood that month. William Horn, a 52-year-old employee of a floral shop, was robbed and shot to death on July 13, 1978.
Ballistics testing indicated that both men were shot with the same 32-caliber pistol.
Nine days after McCormick’s murder, Bobby Jean Phillips told police that Santae Tribble, 17, and Cleveland Wright, 20, sold a .32-caliber revolver for $60 to her roommate, who was Wright’s girlfriend.
Phillips turned over some shell casings from the gun to police, but the gun was never recovered. Police were unable to link the casings to the bullets that killed Horn and McCormick. Police did find .32-caliber ammunition at Tribble’s mother’s home and at Wright’s home, but could not connect the bullets to either crime.
Ronald Willis, 17, told police that Wright was involved in Horn’s slaying, but that Tribble was not involved. In November 1978, however, Willis told a grand jury that Tribble admitted that he acted as a look-out for Wright in the Horn murder.
In August 1978, Wright and Tribble were charged with both murders. Wright was accused of being the gunman and Tribble was accused of acting as the look-out.
In November 1978, Tribble took and passed a polygraph examination, denying that he was involved in either murder.
The cases against Tribble and Wright were severed. In November 1979, Wright went on trial first in the District of Columbia Superior Court.
Willis, who testified pursuant to a plea agreement under which he received two years’ probation after robbery charges and a probation violation were reduced to lesser violations, testified that Wright had admitted both crimes to him.
Phillips implicated both men in her testimony. She testified that Tribble told her he was with Wright when Wright shot McCormick, although portions of her testimony conflicted with evidence gathered by police. She said that Tribble told her they hailed McCormick’s cab and that Wright shot him after they went a few blocks—a story that the defense called ridiculous because it meant that McCormick picked them up a few blocks from his own home and drove them to his house.
An FBI hair analyst testified that he had compared the hair from the stocking with a head hair from Tribble. He said the hairs were identical and that the hair in the stocking came from Tribble.
Wright presented family members and a girlfriend who testified that he was at home at the time of the crimes. Wright testified and denied committing either murder.
An FBI hair analyst testified that he had compared the hair from the stocking with a head hair from Tribble. He said the hairs were identical and that the hair in the stocking came from Tribble.
Wright presented family members and a girlfriend who testified that he was at home at the time of the crimes. Wright testified and denied committing either murder.
Wright was convicted of the first degree murder of Horn (the floral shop employee) and acquitted of the murder of McCormick (the cab driver). He was sentenced to 20 years to life in prison.
In January 1980, Tribble went on trial for the murders of McCormick and Horn. The FBI agent again linked the hair from the stocking to Tribble. Willis and Phillips again testified for the prosecution.
Tribble took the witness stand and testified on his own behalf, denying any involvement in the murder. Several other witnesses testified, including friends and relatives, who said he was asleep at his mother’s apartment in Seat Pleasant, Maryland, at the time of the shooting.
The prosecution, in closing argument, hammered on the hair evidence, saying that the two hairs “matched perfectly.”
The jury sent out one question during deliberations, asking about the stocking found on the sidewalk. On January 20, 1980, the jury convicted Tribble of the murder and armed robbery of McCormick (the cab driver), and acquitted him of the murder of Horn (the floral shop employee). Tribble was sentenced to 20 years to life in prison.
Both Tribble’s and Wright’s convictions were upheld on appeal.
Tribble served 25 years of his prison sentence and was released on parole in April 2003. He later served an additional three years after he was returned to prison for parole violations.
In January 1980, Tribble went on trial for the murders of McCormick and Horn. The FBI agent again linked the hair from the stocking to Tribble. Willis and Phillips again testified for the prosecution.
Tribble took the witness stand and testified on his own behalf, denying any involvement in the murder. Several other witnesses testified, including friends and relatives, who said he was asleep at his mother’s apartment in Seat Pleasant, Maryland, at the time of the shooting.
The prosecution, in closing argument, hammered on the hair evidence, saying that the two hairs “matched perfectly.”
The jury sent out one question during deliberations, asking about the stocking found on the sidewalk. On January 20, 1980, the jury convicted Tribble of the murder and armed robbery of McCormick (the cab driver), and acquitted him of the murder of Horn (the floral shop employee). Tribble was sentenced to 20 years to life in prison.
Both Tribble’s and Wright’s convictions were upheld on appeal.
Tribble served 25 years of his prison sentence and was released on parole in April 2003. He later served an additional three years after he was returned to prison for parole violations.
Wright, who wrote scores of letters to the media, innocence organizations and lawyers seeking help, was denied parole twice because he refused to admit guilt. He was finally paroled on March 1, 2007.
In 2009, Tribble read a news article about the exoneration of Donald Gates who had been convicted of murder in Washington, D.C., on the basis of hair analysis by the FBI. Mitochondrial DNA testing of the hair evidence in Gates’ case showed that the hair used to convict him was not his.
Tribble reached out to Sandra Levick, of the Public Defender Service for the District of Columbia, who had represented Gates.
The hair evidence from Tribble’s case was sent for mitochondrial DNA testing. Wright, who had been acquitted of the McCormick murder where the stocking was found, also submitted his DNA for testing. On January 5, 2012, DNA testing excluded both Tribble and Wright as sources of the hair, and proved that the hair used to convict Tribble did not come from him or his alleged accomplice.
In April 2012, U.S. Attorney Ronald C. Machen Jr. agreed to dismiss the charges against Tribble and on May 11, District of Columbia Superior Court Judge Laura Cordero vacated the conviction and dismissed the charges.
In December 2012, a District of Columbia Superior Court judge granted Tribble a certificate of innocence, entitling him to $50,000 in compensation for each year he spent in prison. In February 2016, Tribble was awarded $13.2 million under the District of Columbia Unjust Imprisonment Act. A federal civil rights lawsuit filed on his behalf was settled for an undisclosed amount in 2016.
In 2009, Tribble read a news article about the exoneration of Donald Gates who had been convicted of murder in Washington, D.C., on the basis of hair analysis by the FBI. Mitochondrial DNA testing of the hair evidence in Gates’ case showed that the hair used to convict him was not his.
Tribble reached out to Sandra Levick, of the Public Defender Service for the District of Columbia, who had represented Gates.
The hair evidence from Tribble’s case was sent for mitochondrial DNA testing. Wright, who had been acquitted of the McCormick murder where the stocking was found, also submitted his DNA for testing. On January 5, 2012, DNA testing excluded both Tribble and Wright as sources of the hair, and proved that the hair used to convict Tribble did not come from him or his alleged accomplice.
In April 2012, U.S. Attorney Ronald C. Machen Jr. agreed to dismiss the charges against Tribble and on May 11, District of Columbia Superior Court Judge Laura Cordero vacated the conviction and dismissed the charges.
In December 2012, a District of Columbia Superior Court judge granted Tribble a certificate of innocence, entitling him to $50,000 in compensation for each year he spent in prison. In February 2016, Tribble was awarded $13.2 million under the District of Columbia Unjust Imprisonment Act. A federal civil rights lawsuit filed on his behalf was settled for an undisclosed amount in 2016.
In August 2013, Levick filed a motion requesting that Wright’s conviction be vacated and dismissed, and that he be granted a certificate of innocence. The prosecution did not oppose the dismissal but opposed granting a certificate of innocence.
On January 28, 2014, a judge vacated Wright’s conviction and dismissed the case. In May 2015, the judge granted Wright a certificate of innocence, clearing the way for him to receive $50,000 for each of the 28 years he spent in prison. Wright also sought compensation under the District of Columbia Unjust Imprisonment Act and filed a federal civil rights lawsuit. Both were resolved for undisclosed amounts. Tribble died in 2020 from a lengthy illness that his son attributed to his years of incarceration.
By 2014, Tribble was one of five men wrongly convicted based on false FBI hair analysis to be exonerated by DNA. The other four: Donald Gates, Kevin Martin, Kirk Odom, and Cleveland Wright."
https://www.law.umich.edu/special/exoneration/Pages/casedetail.aspx?caseid=3926
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PUBLISHER'S NOTE: I am monitoring this case/issue. 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. 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.com/2011/05/charles-smith-blog-award-nominations.html 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;
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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;
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