Convicted defendants left uninformed of forensic flaws found by Justice
Dept.By Spencer S.
Hsu<http://www.washingtonpost.com/spencer-s-hsu/2011/03/02/ABJ7xmP_page.html>
, Monday, April 16, 6:54 PM

Justice Department officials have known for years that flawed forensic
work<http://www.washingtonpost.com/local/crime/investigating-flaws-in-forensics/2012/04/16/gIQAMSDSMT_gallery.html>
might
have led to the
convictions<http://www.washingtonpost.com/wp-srv/special/local/fbi-crime-lab-case-reviews>
of
potentially innocent people, but prosecutors failed to notify defendants or
their attorneys even in many cases they knew were troubled.

Officials started reviewing the cases in the
1990s<http://jfk.hood.edu/Collection/Weisberg%20Subject%20Index%20Files/F%20Disk/FBI/FBI%20Whitehurst%20Frederick/Item%2007.pdf>
after
reports that sloppy work by examiners at the FBI lab was producing
unreliable forensic
evidence<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods>
in
court trials. Instead of releasing those findings, they made them available
only to the prosecutors in the affected cases, according to documents and
interviews with dozens of officials.

98<http://www.washingtonpost.com/local/crime/convicted-defendants-left-uninformed-of-forensic-flaws-found-by-justice-dept/2012/04/16/gIQAWTcgMT_allComments.html#comments>

Comments<http://www.washingtonpost.com/local/crime/convicted-defendants-left-uninformed-of-forensic-flaws-found-by-justice-dept/2012/04/16/gIQAWTcgMT_allComments.html#comments>

   - Weigh 
In<http://www.washingtonpost.com/local/crime/convicted-defendants-left-uninformed-of-forensic-flaws-found-by-justice-dept/2012/04/16/gIQAWTcgMT_story.html?wpisrc=al_national&sub=AR#weighIn>
   - 
Corrections?<http://www.washingtonpost.com/wp-srv/interactivity/corrections/>

Personal 
Post<http://personalpost.washingtonpost.com/c?add_url=http%3A%2F%2Fwww.washingtonpost.com%2Flocal%2Fcrime%2Fconvicted-defendants-left-uninformed-of-forensic-flaws-found-by-justice-dept%2F2012%2F04%2F16%2FgIQAWTcgMT_story.html>

Gallery
<http://www.washingtonpost.com/local/crime/investigating-flaws-in-forensics/2012/04/16/gIQAMSDSMT_gallery.html><http://www.washingtonpost.com/local/crime/investigating-flaws-in-forensics/2012/04/16/gIQAMSDSMT_gallery.html>

A Washington Post investigation reveals that officials have known for
decades that flaws in forensic techniques have led to the convictions of
innocent people, raising the question: How many more are
there?<http://www.washingtonpost.com/local/crime/investigating-flaws-in-forensics/2012/04/16/gIQAMSDSMT_gallery.html>

How accurate is forensic
analysis?<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/>

Learn more about the reliability of each type of forensic analysis.
DNA<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/?tab=0>
Fingerprint<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/?tab=1>
Handwriting<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/?tab=2>
Polygraph<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/?tab=3>
Firearm 
evidence<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/?tab=4>
Hair and
fiber<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/?tab=5>
Pattern and 
impression<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/?tab=6>
Bullet lead 
composition<http://www.washingtonpost.com/wp-srv/special/local/forensic-analysis-methods/?tab=7>

Independent scientists critique suspect forensic
work<http://www.washingtonpost.com/wp-srv/special/local/fbi-crime-lab-case-reviews/>

Select a name below to see case reviews

   - Benjamin 
Boyle<http://www.washingtonpost.com/wp-srv/special/local/fbi-crime-lab-case-reviews/documents/?d=284108-r0136>
   - Donald 
Gates<http://www.washingtonpost.com/wp-srv/special/local/fbi-crime-lab-case-reviews/documents/?d=284039-r0030>
   - John 
Huffington<http://www.washingtonpost.com/wp-srv/special/local/fbi-crime-lab-case-reviews/documents/?d=284089-r0104>
   - Newton 
Labert<http://www.washingtonpost.com/wp-srv/special/local/fbi-crime-lab-case-reviews/documents/?d=284028-r0016>
   - Full list of 137 cases identified by the
Post<http://www.washingtonpost.com/wp-srv/special/local/fbi-crime-lab-case-reviews/>

*Convictions linked to suspect forensics*

Interactive database of
defendants<http://www.washingtonpost.com/wp-srv/special/local/fbi-crime-lab-case-reviews/>

In addition, the Justice Department reviewed only a limited number of cases
and focused on the work of one scientist at the FBI lab, despite warnings
that problems were far more widespread and could affect potentially
thousands of cases in federal, state and local courts.

As a result, hundreds of defendants nationwide remain in prison or on
parole for crimes that might merit exoneration, a retrial or a retesting of
evidence using DNA because FBI hair and fiber experts may have
misidentified them as suspects.

In one Texas case, Benjamin Herbert Boyle was executed in 1997, more than a
year after the Justice Department began its review. Boyle would not have
been eligible for the death penalty without the FBI’s flawed work,
according to a prosecutor’s memo.

The case of a Maryland man serving a life sentence for a 1981 double
killing is another in which federal and local law enforcement officials
knew of forensic problems but never told the defendant. Attorneys for the
man, John Norman Huffington, say they learned of potentially exculpatory
Justice Department findings from The Washington Post. They are seeking a
new trial.

Justice Department officials said that they met their legal and
constitutional obligations when they learned of specific errors, that they
alerted prosecutors and were not required to inform defendants directly.

The review was performed by a task force created during an inspector
general’s investigation of
misconduct<http://www.justice.gov/oig/special/9704a/> at
the FBI crime lab in the 1990s. The inquiry took nine years, ending in
2004, records show, but the findings were never made public.

In the discipline of hair and fiber analysis, only the work of FBI Special
Agent Michael P. Malone was questioned. Even though Justice Department and
FBI officials knew that the discipline had weaknesses and that the lab
lacked protocols — and learned that examiners’ “matches” were often wrong —
they kept their reviews limited to Malone.

But two cases in D.C. Superior Court show the inadequacy of the
government’s response.

Santae A. 
Tribble<http://www.washingtonpost.com/local/crime/2012/04/16/gIQAbndgMT_story.html>,
now 51, was convicted of killing a taxi driver in 1978, and Kirk L. Odom,
now 49, was convicted of a sexual assault in 1981.

Key evidence at each of their trials came from separate FBI experts — not
Malone — who swore that their scientific analysis proved with near
certainty that Tribble’s and Odom’s hair was at the respective crime scenes.

But DNA testing this year on the hair and on other old evidence virtually
eliminates Tribble as a suspect and completely clears Odom. Both men have
completed their sentences and are on lifelong parole. They are now seeking
exoneration in the courts in the hopes of getting on with their lives.


http://www.washingtonpost.com/local/crime/convicted-defendants-left-uninformed-of-forensic-flaws-found-by-justice-dept/2012/04/16/gIQAWTcgMT_story.html?wpisrc=al_nati

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