FBI

Death row inmate Willie Manning granted DNA testing


 

Jul. 25, 2013

 

The Mississippi Supreme Court has given death row inmate Willie Jerome Manning the chance to argue before a judge for DNA and fingerprint testing that he alleges will show him innocent in the deaths of two college students.

The high court on Thursday gave Manning 60 days to file a brief in Oktibbeha County Circuit Court, where he was convicted, to support his motion for DNA testing and fingerprint analysis.

The order reversed an earlier decision in which the Supreme Court ruled 5-4 against Manning’s request for DNA testing.

Manning argues that technological strides in the past two decades in DNA testing could lead to proof that he is innocent of killing two Mississippi State University students in 1992.

The Supreme Court had stopped Manning’s execution on May 7 so it could further review his arguments.

The bodies of Jon Steckler and Tiffany Miller were found in rural Oktibbeha County in December 1992. Manning, now 44, was convicted in 1994 and sentenced to death. Prosecutors said Manning was arrested after he tried to sell some items belonging to the victims.

Manning’s efforts to stop his execution were supported by the U.S. Justice Department. The department had said there were errors in FBI agents’ testimony about ballistics tests and hair analysis in the case.

The FBI said its microscopic analysis of evidence, particularly of hair samples found in the car of one of the victims, contained erroneous statements. The FBI also said there was incorrect testimony related to tests on bullets in the case.

The FBI has offered to conduct the DNA testing.

Manning’s lawyers said in filings with the Mississippi Supreme Court that the execution should be blocked based on the Justice Department’s disclosures and until further testing could be done.

The Mississippi attorney general’s office rebutted that testing wouldn’t exonerate Manning because the evidence is so overwhelming.

Also Thursday, the state Supreme Court denied Manning’s request for a hearing on the Justice Department’s filings on the reliability of expert testimony. It also denied Manning’s request to have his convictions set aside.

LIST IDENTIFIES CONVICTIONS INVOLVING QUESTIONABLE FORENSIC WORK BY FBI


Convictions linked to FBI lab’s suspect forensics

 

Following a 1997 misconduct scandal at the FBI Laboratory, a Justice Department task force commissioned secret scientific assessments of suspect forensic work in about 250 convictions nationwide. The department never identified cases reviewed. State and federal prosecutors, who were given results, often did not share them with courts, defendants or their counsel.

 

A Washington Post investigation identified defendants in these 137 reviewed cases. Links at right lead to review results obtained in Freedom of Information Act requests.

 

Not disclosed (107)

 

Year Plaintiff Defendant Offense Sentence
1993 US (Navy) Anthony Goins Homicide 35 years
1992 TN David S. Alexander Burglary• 8 years
1992 MD Hadden L. Clark Homicide 30 years
1992 TN Mickey Cresong Aggravated sexual assault 25 years
1992 UT Ronald L. Kelley Homicide Life
1991 FL Robert A. Milford Homicide, attempted murder, arson, armed robbery, grand theft auto, grand theft• Life
1991 NH Dwight Reynolds Burglary• 3-1/2 to 10 years
1990 ME Darlene J. Boutin Homicide• 27 months
1990 DE Peggy J. Dennard Homicide 10 years
1990 FL Gary L. Mills Sexual battery 7 years
1990 FL Augustine D. Perez Homicide Life
1990 FL John W. Smith Homicide 15 years
1990 FL Felix Cruz Torres Homicide 17 years
1989 MD David T. Bryant Sr. Sexual assault Life
1989 ME Woodbury Eldridge Attempted sexual misconduct 3 years
1989 MD Gerald M. Ranson Bank robbery• 7 years
1989 AR Lonnie D. Strawhacker Sexual assault and battery Life
1989 FL Darold N. Tibbetts Homicide 30 years
1988 TX Thomas L. Gilliam Homicide, kidnapping Life
1988 OH Charles Oswalt Homicide 10 to 25 years
1988 FL Kevin W. Thompson Homicide Life
1988 SD Betty D. Wright Arson 10 years
1987 AK John M. Briggs Homicide• 5 years
1987 US (DC) Jose Del Carmen Alberto Garay Theft Time served
1987 CNMI Hideki Hanada

Koichi Yoneda

Young Il Choi

aka Eeichi Kawano

Homicide

Homicide

Principal to homicide

1987 MD Nuri T. Icgoren Homicide Life
1987 PA Randy Taft Homicide Life
1987 DE Jerome Waterman Burglarly, sexual assault 70 years
1986 AK Patrick DeAlexandro

Scot McGonegal

David Urquhart

Timothy White

Evidence tampering, misconduct with a controlled substance• 27 months

1 year

6 months

Probation

1986 NC Jimmy D. Hudson Homicide Life
1986 LA Kenneth W. Magouirk Homicide 21 years labor
1986 TN Sam L. Morris Kidnapping, Sexual assault• 1 year
1986 SC Anthony H. Stackhouse Attempted sexual assault, burglary 50 years
1985 US (VI) Cecil Abenego Aggravated sexual assault 12 years 6 months
1985 MS Roosevelt D. Armstead Burglary 15 years
1985 CA George Bender

Columbus Bender Jr.

Burglary

Accessory

5 years

8 months

1985 TX Benjamin H. Boyle Homicide Death
1985 US (NE) Robert Buckley Sexual assault• 5 years probation
1985 US (MO) Herman Carter Homicide 30 years
1985 IL Brian J. Dugan Homicide Life
1985 TN George L. McGhee

George Washington

Homicide Life

35 years

1985 US (DC) Derrie A. Nelson Homicide, related charges 20 years to life
1985 NJ Donald C. Pittman Sexual assault• 7 years
1985 TN David L. Rutledge Sexual assault, kidnapping, crime against nature, assault with intent to commit first degree murder 25 years
1984 FL Louis S. Ammaz Sexual battery 7 years
1984 SC Roy D. Brooks Homicide Life
1984 WA Ronald E. Giffing Homicide 26 years
1984 SC Allen S. Peake Homicide Time served
1984 US (DC) Walter H. Terry Reduced charges 10 to 30 years
1983 NJ Miguel Arroyo

Helmer Valencia Hidarraga

Edwin Pantoja

Homicide•
1983 AK George Betzner

Daniel Medwin

Peter Lindsay

Robbery

Robbery

Larceny

9 years 6 months

5 years

Probation

1983 AK Jay Bridegan Sexual assault 8 years
1983 SC Clifton J. Campbell Homicide Life
1983 FL Gregory F. Gunn

Joette J. Davis

Homicide 25 years to life

12 years

1983 AK John E. Hanson Jr. Sexual assault 10 years
1983 NM Bryson A. Jacobs Aggravated burglary
1983 FL Henry K. Malone Sexual battery 5 years
1983 FL Joseph G. Martino Sexual battery• 4 years probation
1983 ME Richard S. Pallito Homicide 35 years
1983 AK Jeffrey C. Wilkie Sexual assault• 8 years
1982 AK Steven Anahonak Sexual assault 2 years
1982 FL Douglas Earl Cook Aggravated battery 15 years
1982 PA William Fenstermacher Attempted sexual assault 5 to 10 years
1982 AK Newton P. Lambert Homicide 99 years
1982 FL Thomas E. McGowan Sexual battery, burglary• 10 years
1982 US (MN) Donald L. McIvor Kidnapping Life
1982 AK David R. O’Rear Sexual assault• 3 years
1982 US (DC) Darryl C. Plater Jr.

Ray R. McLamore

Thomas Smith

Terrance Hanford

Armed sexual assault, sodomy, burglary• 15 to 45 years

15 to 45 years

Unknown

25 years

1982 FL Larry Scarborough Sexual battery• 3 years
1982 NH Scott Sefton Leaving scene of an automobile accident
1982 FL Charles Stinyard Homicide, robbery, kidnapping 99 years
1982 US (ID) LeBurn Stone Lewd and lascivious behavior 15 years
1982 1983 FL Curtis Lee Thomas Sexual battery Life
1981 DE Benjamin Crump Sexual assault, kidnapping Life
1981 FL Donald Faulkner Cruelty toward child, aggravated abuse 10 years
1981 US (DC) Donald E. Gates Homicide, sexual assault 20 years to life
1981 AK Jay Huf Sexual assault, burglary 6 years
1981 MD John N. Huffington Homicide Life
1981 SD Darrel Jacox Sexual assault• 4 years
1980 OH Jack M. Gall Kidnapping 7 to 25 years
1980 MS Anthony Hyde Sexual assault 25 years
1980 CO Kenyon B. Tolerton Homicide 10 years
1979 FL Dwayne Bostic Burglary• 5 years
1979 AK Jimmy C. Kingosak Sexual assault 3 years
1979 AK Freddie A. Koutchak Homicide 10 years
1979 US (WI) George T. Phillips

Dennis Wieneke

Joey Clendenny

Kidnapping, interstate transportation of a stolen motor vehicle, Mann Act Life

Life

25 years

1979 FL Ioannis John Zografos Conspiracy to import controlled substance 5 years probation
1972 CT Guillermo Aillon Homicide 75 years to life
US (MT) Ray W. Daniels Drug importation 7 years
US (AR) Steve Gray Bank robbery•
US (MD) Eric Haaff
AK Reuben D. Johnson
MD Stanley Kosmas Homicide• 20 years
NC James A. Lewis Sexual assault• 7 to 35 years
OR Bradley Marca
MD Paul K. McInturff Homicide Life
US (LA) Adolph L. Minor Sexual assault•
US (NM) Wayne J. Morgan Homicide 7 years
US (MT) Harold J. No Runner
AK Ronald T. Peltola
SC Randy W. Poindexter
US (TN) James R. Pulliam
SD Jonathan Shaw Homicide Life
PA Mitchell K. Smith
DE Stephanie Ward
US (AR) Andre Wilson
FL Jill L. Yelton

 

SOURCE: Washington Post and National Whistleblowers Center analysis of records of the U.S. Department of Justice Task Force on the FBI Laboratory obtained under the Freedom of Information Act.
GRAPHIC: Spencer Hsu, Jennifer Jenkins, Aaron Carter, Ted Mellnik, Wilson Andrews – The Washington Post; Andrew Berkowitz – National Whistleblowers Center. Published April 17, 2012.

Disclosed (30)


Year Plaintiff Defendant Offense Sentence
1978 CT Steven M. Asherman Homicide• 7 to 14 years
1983 FL James P. Bard Homicide 7 years
1993 FL Willie D. Bell Sexual assault• 4 years 6 months
1988 RI Carlton J. Bleau Sexual assault 55 years
1991 FL Brett Bogle Homicide Death penalty
1991 US (DC) Anthony Bragdon Attempted sexual assault while armed 15 years
1982 NC Franklin Bridger

aka Graham Franklin Bridgers

Arson• 27 years
1983 FL Timothy E. Brown

aka Timothy Williams

Homicide, burglary 32 years
1991 TX Claude Carson Homicide 10 years
1985 NY Alfred DiLorenzo Homicide 25 years to life
1990 FL Michael J Dolan Sexual assault• 22 years
1988 FL Brian K. Perkins

John M. Frame

Armed robbery• 22 years

22 years

1989 FL Isaiah Grady Sexual battery, aggravated assault, robbery Life
1985 TN Billy Irick Homicide, sexual assault Death penalty
TN James Jackson Aggravated sexual assault 20 years
1986 CA Brian M. Jones Homicide Death
1982-84 FL Austin G. Jones

aka James Wilmouth

Sexual battery, sexual assault• 10 years
1993 FL Mark Kohut

Charles Rourk

Jeff Pellett

Kidnapping, armed robbery, attempted homicide

Kidnapping, armed robbery, attempted homicide

Accessory to kidnapping, armed robbery, attempted homi

Life

Life

78 months

1983-84 FL Robert Joe Long Homicides, sexual assaults Life
1984 FL Dwayne R. McLendon Sexual assault 33 years
MD Tyrone Page

Jerome Page

Homicide, sexual assault•
1985 FL Stephen M. Pate Kidnapping, sexual assault, sexual battery• 27 years
1988 FL Walter Pilgrim Jr. Homicide, arson, armed robbery Life
1988 FL David M. Reutter Homicide Life
1985 FL Clayborn Shepard Sexual battery, kidnapping 12 years
1992 FL David T. Sheren

Georgia R. Miller

Homicide 50 years

50 years

1986 US (CA) Shaun Small

Peter K. Pilaski

1984 FL Nathan R. Smith Manslaughter 3 years
1977 AK Rick H. Spencer Homicide 99 years
1988 WA Alex Sugatch Sexual assault• 16 years

SOURCE: Washington Post and National Whistleblowers Center analysis of records of the U.S. Department of Justice Task Force on the FBI Laboratory obtained under the Freedom of Information Act.
GRAPHIC: Spencer Hsu, Jennifer Jenkins, Aaron Carter, Ted Mellnik, Wilson Andrews – The Washington Post; Andrew Berkowitz – National Whistleblowers Center. Published April 17, 2012.

 

U.S. reviewing 27 death penalty convictions for FBI forensic testimony errors


An unprecedented federal review of old criminal cases has uncovered as many as 27 death penalty convictions in which FBI forensic experts may have mistakenly linked defendants to crimes with exaggerated scientific testimony, U.S. officials said.

The review led to an 11th-hour stay of execution in Mississippi in May.

How accurate is forensic analysis?

Learn more about the reliability of each type of forensic analysis.

DNA

Fingerprint

Handwriting

Polygraph

Firearm evidence

Hair and
fiber

Pattern and impression

Bullet lead composition

Independent scientists critique suspect forensic work

It is not known how many of the cases involve errors, how many led to wrongful convictions or how many mistakes may now jeopardize valid convictions. Those questions will be explored as the review continues.

The discovery of the more than two dozen capital cases promises that the examination could become a factor in the debate over the death penalty. Some opponents have long held that the execution of a person confirmed to be innocent would crystallize doubts about capital punishment. But if DNA or other testing confirms all convictions, it would strengthen proponents’ arguments that the system works.

FBI officials discussed the review’s scope as they prepare to disclose its first results later this summer. The death row cases are among the first 120 convictions identified as potentially problematic among more than 21,700 FBI Laboratory files being examined. The review was announced last July by the FBI and the Justice Department, in consultation with the Innocence Project and the National Association of Criminal Defense Lawyers (NACDL).

The unusual collaboration came after The Washington Post reported last year that authorities had known for years that flawed forensic work by FBI hair examiners may have led to convictions of potentially innocent people, but officials had not aggressively investigated problems or notified defendants.

At issue is a once-widespread practice by which some FBI experts exaggerated the significance of “matches” drawn from microscopic analysis of hair found at crime scenes.

Since at least the 1970s, written FBI Laboratory reports typically stated that a hair association could not be used as positive identification. However, on the witness stand, several agents for years went beyond the science and testified that their hair analysis was a near-certain match.

The new review listed examples of scientifically invalid testimony, including claiming to associate a hair with a single person “to the exclusion of all others,” or to state or suggest a probability for such a match from past casework.

Whatever the findings of the review, the initiative is pushing state and local labs to take similar measures.

For instance, the Texas Forensic Science Commission on Friday directed all labs under its jurisdiction to take the first step to scrutinize hair cases, in a state that has executed more defendants than any other since 1982.

Separately, FBI officials said their intention is to review and disclose problems in capital cases even after a defendant has been executed.

“We didn’t do this to be a model for anyone — other than when there’s a problem, you have to face it, and you have to figure how to fix it, move forward and make sure it doesn’t happen again,” FBI general counsel Andrew Weissmann said. “That tone and approach is set from the very top of this building,” he said, referring to FBI Director Robert S. Mueller III.David Christian “Chris” Hassell, director of the FBI Laboratory, said the review will be used to improve lab training, testimony, audit systems and research, as it has done when previous breakdowns were uncovered. The lab overhauled scientific practices when whistleblowers revealed problems in 1996 and again after an FBI fingerprint misidentification in a high-profile 2003 terrorism case, he said.

“One of the things good scientists do is question their assumptions. No matter what the field, what the discipline, those questions should be up for debate,” Hassell said. “That’s as true in forensics as anything else.”

Advocates for defendants and the wrongly convicted called the undertaking a watershed moment in police and prosecutorial agencies’ willingness to re-open old cases because of scientific errors uncovered by DNA testing.

Peter J. Neufeld, co-founder of the Innocence Project, which supports inmates who seek exoneration through DNA testing, applauded the FBI, calling the review historic and a “major step forward to improve the criminal justice system and the rigor of forensic science in the United States.”

Norman L. Reimer, executive director of the NACDL, also praised the effort, predicting that it would have “an enormous impact on the states” and calling on the defense bar to represent indigent convicts.

“That’s going to be a very big job as this unfolds,” said Reimer, whose group has spent 1,500 hours identifying cases for the second round of review.

Under terms finalized with the groups last month, the Justice Department will notify prosecutors and convicted defendants or defense attorneys if an internal review panel or the two external groups find that FBI examiners “exceeded the limits of science” when they claimed to link crime scene hair to defendants in reports or testimony.

If so, the department will assist the class of prisoners in unprecedented ways, including waiving statutes of limitations and other federal rules that since 1996 have restricted post-conviction appeals. The FBI also will test DNA evidence if sought by a judge or prosecutor.

The review will prioritize capital cases, then cases in which defendants are imprisoned.

Unlike DNA analysis, there is no accepted research on how often hair from different people may appear the same.

The federal inquiry came after the Public Defender Service helped exonerate three D.C. men through DNA testing that showed that three FBI hair examiners contributed to their wrongful convictions for rape or murder in the early 1980s.

The response has been notable for the department and the FBI, which in the past has been accused of overprotecting its agents. Twice since 1996, authorities conducted case reviews largely in secret after the scientific integrity of the FBI Lab was faulted.

Weissmann said that although earlier reviews lawfully gave prosecutors discretion to decide when to turn over potentially exculpatory material to the defense, greater transparency will “lessen skepticism” about the government’s motives. It also will be cheaper, faster and more effective because private parties can help track down decades-old cases.

Scientific errors “are not owned by one side,” he said. “This gives the same information to both sides, and they can litigate it.”

The review terms could have wide repercussions. The FBI is examining more than 21,000 federal and state cases referred to the FBI Lab’s hair unit from 1982 through 1999 — by which time DNA testing of hair was routine — and the bureau has asked for help in finding cases before lab files were computerized in 1985.

Of 15,000 files reviewed to date, the FBI said a hair association was declared in about 2,100 cases. Investigators have contacted police and prosecutors in more than 1,200 of those cases to find out whether hair evidence was used in a conviction, in which case trial transcripts will be sought. However, 400 of those cases have been closed because prosecutors did not respond.

On May 7, Mississippi’s Supreme Court stayed the execution of Willie Jerome Manning for a 1992 double homicide hours before he was set to die by lethal injection.

FBI cases may represent only the tip of the problem.

While the FBI employed 27 hair examiners during the period under review, FBI officials confirmed for the first time this week that records indicate that about 500 people attended one-week hair comparison classes given by FBI examiners between 1979 and 2009. Nearly all of them came from state and local labs.

State and local prosecutors handle more than 95 percent of violent crimes.

In April, the accreditation arm of the American Society of Crime Laboratory Directors declined to order state and local labs to conduct reviews, but issued a public notice recommending that each laboratory evaluate the impact of improper statements on past convictions, reminding them of their ethical obligation to act in case of a potential miscarriage of justice.

FBI Lab officials say they have not been contacted by other labs about their review or who completed the FBI classes.

US – Convicted defendants left uninformed of forensic flaws found by Justice Dept.


april 17, 2012 sourcehttp://www.washingtonpost.com

Justice Department officials have known for years that flawed forensic work might have led to the convictions 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 after reports that sloppy work by examiners at the FBI lab was producing unreliable forensic evidence 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.

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 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, 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.

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