As Radley Balko says about himself, I probably should have reached the point where I’m immune to outrage over stories like this, but I haven’t. The DOJ has had evidence for a decade and a half that could prove hundreds of people innocent, but they haven’t bothered informing those people or their attorneys.
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.
Balko’s response is spot on:
I mean, think about that. Taxpayer-paid employees of the Justice Department had direct and exclusive knowledge that there may be hundreds of innocent people in prison, they knew that flawed forensics in these cases needed to be reviewed, and their justification for not doing more as these people continued to rot in prison was, Hey, we did the bare minimum required of us by law.
The immediately obvious problem here is that the ethical requirements need to be strengthened. If the task force charged with investigating possible wrongful convictions is only required to report what it finds to the prosecutor offices that won those convictions—and who obviously have a strong incentive to keep the new information under wraps—what the hell was the point of forming the task force in the first place? And why keep the task force findings from the public?
But even beyond the problematic ethical requirements, I’m having a hard time fathoming how no one on this task force felt morally compelled to go beyond those requirements—to, you know, actually reach out defense attorneys, or attempt to actually reach the convicts or their families. How in the world can you possess this sort of information, then still sleep at night, year after year, knowing that (a) the information obviously isn’t reaching the people who have an incentive to actually put it to use, (b) you’re one of the few people who could make that happen, and (c) because the information was only available to select group of people, if you or one of your colleagues doesn’t act, no one else will?
It should be clear by now that almost no one involved in law enforcement or prosecution really cares about actual guilt or innocence. And the reason for that is because all of the incentives cut the other way. Police officers get promotions and police departments get federal grants for making more arrests; prosecutors and judges get reelected by constantly claiming to be tough on crime and crowing about their conviction rate. They are acting purely out of self-interest, not principle.