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.
...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.”
...This problem doesn’t stop with the FBI labs or federal prosecutions. The review focuses on the first few hundred cases, involving FBI examiners, but the same mistakes and faulty testimony were likely presented in any state prosecutions that relied on the between 500 and 1,000 local or state examiners trained by the FBI. Some states will automatically conduct reviews. Others may not. Much of the evidence is now lost.
Systemic change, in other words, is being left to the discretion of the system itself.