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FBI Doesn't Tell Courts About Bogus Evidence

dprovine writes "According to a joint investigation by The Washington Post and 60 Minutes, a forensic test used by the FBI for decades is known to be invalid. The National Academy of Science issued a report in 2004 that FBI investigators had given "problematic" testimony to juries. The FBI later stopped using "bullet lead analysis", but sent a letter to law enforcement officials saying that they still fully supported the science behind it. Hundreds of criminal defendants — some already convicted in part on the testimony of FBI experts — were not informed about the problems with the evidence used against them in court."

5 of 250 comments (clear)

  1. Re:Polygraph - inaccurate by eleuthero · · Score: 4, Informative

    Lie detectors can be used in investigations but not in trials. There's a real, significant difference there.

  2. Update from the first link by bi_boy · · Score: 5, Informative

    On Friday, the FBI agreed. It acknowledged that it had made mistakes in handling bullet lead testimony and should have done more to alert defendants and the courts. As a result of the 60 Minutes-Washington Post investigation, the bureau said it will identify, review and release all of the pertinent cases, and notify prosecutors about cases in which faulty testimony was given.

    The FBI also says it will begin monitoring the testimony of all lab experts to make sure it is based on sound scientific principles. FBI Assistant Director John Miller said, "We are going to the entire distance to see that justice is now served."
    Evidence Of Injustice: FBI's Bullet Lead Analysis Used Flawed Science To Convict Hundreds Of Defendants
    --
    Chicken fried butter sticks? Do ... do you use a fork? - Black Mage, 8-Bit Theater
  3. Re:does the article state by 99BottlesOfBeerInMyF · · Score: 4, Informative

    Your lawyer should never accept anything as fact, and should attempt to prove in court that it is not valid.

    A lawyer I know once described public defenders as always falling into one of two categories:

    • Young, altruistic, energetic, and so inexperienced and incompetent they don't know how to file a motion, let alone properly get evidence examined.
    • Older guys, there for a paycheck, who do as little as possible, even choosing unnecessary plea bargains just so they have less paperwork to do.

    I'd like to think he's being cynical, but I haven't seen much evidence that contradicts his claim. I saw a true crime special the other day about a woman who spent four years in jail after being convicted of murder. The supposed method was LSD poisoning, even though there has never been a human fatality attributed directly to LSD. The test they used to convict her was a preliminary test that was only supposed to show if there was reason to do the more expensive test. The test was run on tissue from a exhumed cadaver, when the test was only useful applied to fresh urine from a living person. The state did perform the follow up test, but it showed up as negative, so they pretended they had not performed it. Somehow, her defendant did not question any of this evidence, at all despite it being scientifically unsound to pretty much any pathologist you could consult. That lawyer is still a practicing public defender.

  4. Re:A true whistleblower by morgan_greywolf · · Score: 5, Informative

    Indeed. This isn't the first time William Tobin has blown the whistle by any stretch of the imagination. Tobin, who was formerly the chief metallurgist at the FBI, also called into question the investigative practices of individuals involved in the FBI's investigation of TWA Flight 800 and has testified as to various fraudulent activities that took place within various FBI investigations. Apparently this test was the same test used to convict Lee Harvey Oswald, and guess who called it into question? Yup. William A. Tobin.

    Curiouser and curiouser, no?

  5. Re:How can I ever avoid reasonable doubt now? by twifosp · · Score: 4, Informative

    Maybe universal CCTV is the answer. If your entire life is recorded, then criminal charges will be easier to determine.

    Given the context of your post (which I did not quote) I realize this statement was probably tongue in cheek, but I felt the need to respond anyway.

    CCTV systems are used to investigate crimes. But they rarely actually catch the criminal act themselves. Instead it's used to connect people, places, and times. Would you like to be linked to criminal activity just because you happened to be in two wrong places at the wrong times? If a linked crime happens in 2 areas, the probability goes up that all the people recorded in that area are suspects. This also increases your probability to be charged with a crime you did not convict. Even if you are acquitted in the end, the mere charge of a crime in today's societies comes with negative consequences. Even if you are proven innocent, you suffer reputation damages, probably wife and kids, and most assuredly your job.