Tuesday, November 30, 2021

Faulty hair analysis: Colorado: Fifty-one people currently serving sentences in Colorado prisons will have their cases probed by state law enforcement and University of Colorado law school professors for potentially faulty hair analysis that could have led to wrongful convictions decades ago, CPR (Reporter Allison Sherry) reports..."This work started nationally in 2013, when the FBI acknowledged problems with hair analysis after DNA testing exonerated three men who had been wrongfully convicted based, in part, on bad testimony by FBI hair examiners. The FBI has since encouraged all states to conduct similar reviews of their own hair analysis work."



PASSAGE OF THE DAY: "CU’s (Colorado University)  Korey Wise Innocence Project and the Colorado Bureau of Investigation will review cases identified by investigators where hairs collected from crime scenes were visually compared to draw conclusions about whether the hair came from a suspect.  These visual comparisons are not believed to be as accurate as current DNA science and have led to convictions being overturned in other states. “This type of review is in the best interest of everybody,” said Anne-Marie Moyes, director of the Innocence Project at the CU law school. “If the wrong person is sitting in prison, we want to correct that error … It does not serve victims if the wrong person is in prison for that crime.”


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STORY: "51 prisoners will have their cases reviewed for potential wrongful convictions over hair analysis, CPR (Reporter Allison Sherry) reports, published on November 29, 2021. (Colorado public radio);


GIST: Fifty-one people currently serving sentences in Colorado prisons will have their cases probed by state law enforcement and University of Colorado law school professors for potentially faulty hair analysis that could have led to wrongful convictions decades ago.


CU’s Korey Wise Innocence Project and the Colorado Bureau of Investigation will review cases identified by investigators where hairs collected from crime scenes were visually compared to draw conclusions about whether the hair came from a suspect. 


These visual comparisons are not believed to be as accurate as current DNA science and have led to convictions being overturned in other states.


“This type of review is in the best interest of everybody,” said Anne-Marie Moyes, director of the Innocence Project at the CU law school. “If the wrong person is sitting in prison, we want to correct that error … It does not serve victims if the wrong person is in prison for that crime.”


In Colorado, investigators and lawyers will look at convictions between 1976 and 1995, where the prisoners are still alive and currently serving sentences. 


They identified 51 people whose cases involved hair analysis during the investigation and trial. 


Lawyers will review court transcripts for potentially inaccurate testimony to determine whether hair microscopy evidence played a central role in the conviction. 


If so, lawyers may pursue DNA testing to see whether those hair sample testimonies could have been inaccurate.


“There have been vast technological advances in forensic science, and DNA in particular,” said John Camper, CBI Director. “This review is an opportunity to ensure accuracy in scientific conclusions and testimony, no matter the age of the case.” 


Moyes said that it’s important for law enforcement and defense attorneys to partner up as the science of forensic analysis of crime scenes evolves and improves -- from eyeballing hair samples under a microscope to nailing down precise DNA comparisons.


“The science is ever changing. We continue to have scientific progress in all areas,” she said. “In forensics, when that progress happens and if it shows that some of the type of evidence that was previously admitted wasn’t reliable then that’s the very place where these kinds of partnerships should exist so we can together make sure, looking backwards, that no mistakes were made.”


This work started nationally in 2013, when the FBI acknowledged problems with hair analysis after DNA testing exonerated three men who had been wrongfully convicted based, in part, on bad testimony by FBI hair examiners. 


The FBI has since encouraged all states to conduct similar reviews of their own hair analysis work."


The entire story can be read at:


https://www.cpr.org/2021/11/29/51-prisoners-will-have-their-cases-reviewed-for-potential-wrongful-convictions-over-hair-analysis/

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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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!
Christina Swarns: Executive Director: The Innocence Project;

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FINAL, FINAL, FINAL WORD: "It is incredibly easy to convict an innocent person, but it's exceedingly difficult to undo such a devastating injustice. 
Jennifer Givens: DirectorL UVA Innocence Project.