Last month’s Washington Post reported that “for decades” the FBI botched DNA hair analyses. But the agency and Justice Department just now publicly owned up to the scandal, even though a number of convictions were influenced by the mistakes.
According to the Post report the agency admitted that the majority of examiners in one “elite forensic unit” submitted flawed evidence in most of the criminal cases in which they testified.
And more often than not the mistakes benefited the prosecution - 95% of the time in fact - in the over 250 cases reviewed so far, adds the report. These include 32 death sentences, with 14 of the convicted either executed or died in prison.
Though the FBI says it’s now committed to justice being done and is offering new DNA testing in cases with errors, it’s currently up to judges or prosecutors to request it. Clearly this is not enough to ensure that justice will be served.
Insist that the Justice Department notify parties in all cases affected by this scandal and ensure that those convicted be allowed to appeal.
We, the undersigned, agree with those who characterize this scandal as a “disaster” in our criminal justice system and insist the right to due process be honored.
Not only are questions raised as to why this gross negligence occurred in the first place, but why it went on so long and wasn’t stopped earlier.
University of Virginia law professor Brandon Garrett who calls this a “mass disaster” explained to the Post that it is exacerbated by the fact that it is not one that can “self-correct.“ because the court system makes “it difficult for convicts to challenge old evidence.”
To make matters worse, reports the Post. “the same FBI examiners whose work is under review taught 500 to 1,000 state and local crime lab analysts to testify in the same ways.” Therefore the number of unfair convictions could far exceed those directly affected by the one “elite” lab.
While the FBI seems willing to now do its part to correct the mistakes, this is not going to ensure that all those whose convictions were influenced by the botched forensics will be given their right to due process, unless the Justice Department steps in.
We request that the new Attorney General make this issue a priority and ensure that all those adversely affected by this “mass disaster” be notified and allowed to appeal their convictions.
Thanks for your time.
