Federal Criminal Law – FBI Hair Comparison “Experts” – Part One

Finally, after years of federal criminal law (and state) defense lawyers’ complaints that the FBI hair analysis “experts” used in state and federal prosecutions for decades, were making it up as they went along, the truth is out: they were making it up as they went along. Now they have admitted it, though very reluctantly.

Turns out that all but two of the 28 examiners in the FBI’s hair comparison unit “overstated” forensic matches which always – surprise – favored the prosecution’s case 95% of the time.  The NACDL and the Innocence Project (Barry Scheck, Peter Neufeld, and their band of renowned) finally succeeded in exposing the dirty tricks that were used on, often, innocent defenants.

Incredibly, 32 such defendants were sentenced to death based due in no small measure to this phony junk “science” perpetrated on unwitting jurors by the FBI and prosecutors all over the country, half of whom have already been executed (or died in prison waiting for their lethal injection).

Just like the finally repudiated “bite mark” comparison pseudo-science, which also sent men to their deaths and to prison for decades, hair analysis “experts’ from the FBI were making it up, or exagerating it, as they went along. Federal criminal law was turned on its head.

Sen. Richard Blumenthal of Connecticut, said, “These findings are appaling and chilling in their indictment of our criminal justice system, not only for potentially innocent defendants who have been wrongfully imprisoned and even executed, but for prosecutors who relied on fabricated and false evidence despite their intentions to faithfully enforce the law.”  And all too many prosecutors knew all along that what they were presenting to the jury was phony, pure junk science.

Stand by for Part 2.