Two years ago, the FBI agreed to review more than 2,000 cases processed between 1985 and 2000 in which hair samples helped secure convictions.

At the time, Peter Neufeld, of the Innocence Project, told McClatchy Newspapers, “The government’s willingness to admit error and accept its duty to correct those errors in an extraordinarily large number of cases is truly unprecedented.”

The National Association of Criminal Defense Lawyers and the Innocence Project are assisting the government with this unprecedented review and the initial findings are startling and may be far-reaching.

Since at least the 1970s, written FBI lab reports typically stated that a hair association could not be used as positive identification. For years, some agents went beyond the science and testified that their hair analysis was a near-certain match.

Although the FBI continued to support hair analysis, the method's accuracy came into question. A 2009 National Academy of Sciences report found no good studies of the technique’s error rates. The academy concluded that hair analysis had “limited probative value” and it can't pinpoint individual defendants. 

When the joint review was originally announced, FBI Special Agent Ann Todd said, “There is no reason to believe the FBI Laboratory employed ‘flawed’ forensic techniques,” adding that microscopic hair analysis is “a valid forensic technique and one that is still conducted at the lab” alongside DNA testing.

“The purpose of the review is to determine if FBI Laboratory examiner testimony, and reports, properly reflect the bounds of the underlying science,” Todd said.

The review's early results firmly challenge the validity of hair analysis and certainly the scope of the examiner’s testimony.

Last week, the Justice Department and FBI formally acknowledged that nearly every examiner in the FBI’s microscopic hair comparison unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period.

According to The Washington Post, of 28 examiners in the unit, 26 overstated forensic matches in ways that favored prosecutors in more than 95 percent of the 268 trials reviewed.

The cases include those of 32 defendants sentenced to death. According to The Post, 14 have been executed or died in prison.

The St. Louis Post-Dispatch reported that one of the men executed was Missouri inmate Jeffrey Ferguson. He was executed March 26, 2014. The Missouri State Public Defender’s Office said that the FBI analyst, Michael Malone, made several errors in the cases against Malone “exceeded the limits of science” in claiming the hair “could be associated with a specific individual to the exclusion of all others,” reported The Post-Dispatch.

They also say Malone erred in assigning a statistical probability to his claim and in citing the number of other comparisons performed to bolster his conclusion.

Before one concludes that an innocent man has been executed because of faulty hair analysis, consider that although Ferguson originally claimed he was innocent, he later expressed remorse for the killing while behind bars. He acknowledged his guilt to a Post-Dispatch columnist, but said he was too drunk to remember the crime.

When complete, the hair analysis review will encompass about 2,500 cases in which forensic examiners have testified about hair matches drawn from over 21,000 federal and state requests to the FBI’s hair-comparison unit between 1972 and 1999, reported The New American.

Even if all of the federal cases are addressed, there are another 500 to 1,000 state and local crime-lab analysts who were trained by the same FBI examiners who gave the flawed testimony. 

The number of cases could be extraordinary. State and local government offices will have to decide if they will conduct reviews and who will pay for those reviews.

READ MORE

"The Executioner's Toll, 2010" is a meticulous examination of every execution (and the details surrounding the execution) carried out in a single year — and a thought-provoking exploration into the minds of 46 killers as each plays the role of predator, quarry and condemned.

The unsettling narratives begin with a murder on May 26, 1993, and end with an execution on Dec. 16, 2010. The book chronicles 63 murders, 44 trials, countless appeals, two suicide attempts, 41 last meals, 33 final statements and 46 executions.

Source: McFarland Publishing

Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George. His book, “The Executioner's Toll, 2010: The Crimes, Arrests, Trials, Appeals, Last Meals, Final Words and Executions of 46 Persons in the United States," was released by McFarland Publishing.

You can reach him at mattmangino.com and follow him on Twitter @MatthewTMangino.

This article originally appeared on Crestview News Bulletin: MANGINO: Faulty hair analysis has far-reaching implications

I recently read the two articles written by Janice Lynn Crose regarding her experiences with local medical professionals.

I have empathy for the situation she outlines, as I am sure it is tremendously stressful. The cost of medical care, making of appointments, and communication with care providers and insurance can be very frustrating.

But, as always, there is a different perspective to be considered.

As the wife of a family medicine physician, I can tell you that general practitioners and family medical docs most often do what they do because they love people, feel great compassion when others are ill or injured, and genuinely desire to help.

They often choose the patient over their family, and we their spouses and children also often choose the patient over our family and our needs. We have to do so, as our spouses don't just have a job, they have a sacred vocation to help heal.

And, here is the part many people never see: many physicians and their families make these sacrifices gladly, because they care.

'SO PROUD OF HIM'

My husband was unable to be reached when my daughter was in the ER, because he was lovingly tending to other people's children.

He missed an entire weekend with his family on more than one occasion, because a long-term patient was ready to deliver. Another doc could cover for him, but he would never let a patient who trusted him be without him in their time of need.

When I have severe asthma episodes, it is me who he must tell "I have to go; I cannot stay and help you."

And, I tell him to go, I will be fine, and I am so proud of him.

He missed our initial obstetrician appointment when I found out we miscarried our second baby, because a doctor can't just take off; people depend on them. 

On a typical day, the kids may see him for an hour before bed; this often includes weekends. Often, they will not see him for a string of days. His last appointment is at 4 p.m., but he takes the time to answer all his messages from patients at the end of every day.

There are more messages than people realize each day.

I am proud of him for the work he does and the way he does it.

'WE JUST DON'T KNOW'

He is not alone — this is the way many doctors live their vocation: with compassion and care.

Some things simply cannot be diagnosed over the phone, or even managed over the phone, in the case of a standing diagnosis.

There may be a day when your doctor truly cannot pack one more appointment in. To do so, to over-schedule, would have a negative impact on all their patients.

It is also the case that antibiotics should rarely, if ever, be prescribed based on a phone consult.

Finally, it is the case that you ought to seek emergency attention if your illness is potentially life threatening.

I have no idea what the receptionist's tone was (for Crose) — it may have been short. I do know that my husband has come home many times and said something to the tune of, "A patient got very upset with me today. I just wish he knew that I am doing all that I can do. I wish I could do more, but I just can't."

I think it is important to realize that there is a person coming home in the evening, feeling truly saddened that a patient wasn't fully satisfied with their care, even though the physician gave it their all.

It is also important to realize that docs have more than one patient. They absolutely have to prioritize.

In this case, no one knows what the physician's day held — maybe a birth, a heart attack, or an extended appointment to consult a newly diagnosed terminal patient took precedent over a skin infection.

From the outside looking in, we just don't know.

SAYING 'THANK YOU'

As human beings, it is in our nature to be self-preservers, so all we hear is, "The doctor cannot help you with that."

When we hear that information conveyed, it is too easy to get angry and assume the physician is lazy, unkind or cold hearted.

Every time my daughters see a firefighter, police officer, librarian or any other community servant, they say thank you.

Their father works days and nights, seven days a week, to treat illness, save lives, offer consolation and provide compassionate care to his patients.

It would be nice for them if some people recognized his sacrifices and saw that most physicians really do care.

Even total self-giving care cannot make every patient happy, but that doesn't stop physicians from doing their best every day.

I certainly appreciate all doctors, nurses, PAs, medical assistants and techs. Their tireless work to care for others deserves our gratitude and praise.

Amy Saurey is the wife of a Crestview physician.

What's your view? Write a letter to the editor or tweet @cnbeditor.

This article originally appeared on Crestview News Bulletin: Consider medical doctors' sacrifice — a wife's perspective

On a lovely Sabbath afternoon in the earth's infancy, with the sun shining down on Florida's lush forest and the Gulf of Mexico's crystal blue waters, the Holy Trinity was busy resting and admiring all creation.

And God said, "It has been some time since we created the Earth, and I feel the need to add something outstanding to it. So, we shall create a man in our image."

"That's an excellent idea," the Son and the Holy Spirit said.

'HUSBAND, FATHER AND ROLE MODEL'

God said, "He must be a fine specimen of a man: pleasant looking, but not too handsome, with eyes as blue as the sky. He shall be tall — at least 6 feet, so he doesn't have to look up to many men. Also, he must be strong and healthy, with the physical stamina to cope with all situations."

"Can we make him an outstanding tennis player?" the Son said. "Just so he has some outlet for his energy and can keep in shape at the same time.

"But back to serious things: He must be supportive of the Trinity and have a talent for writing and speaking so that he can teach others about us and assist them as they travel the path of knowledge that leads to salvation. He must accept the sacrifice I made for him and for all mankind."

"Yes," agreed the Holy Spirit, "but he must be aware that I am always with him and he only has to call on me for the strength he will need to remain faithful in any crisis that life on Earth may bring."

And God said, "He must live a long, productive life — at least 90 Earth years — as a husband, father and role model. He will not only teach others about the Trinity, he also shall love and respect the earth We have created. He shall spend his years teaching others to appreciate and take care of the resources We have provided. He must be pure and strive toward a high moral standard. He will never use evil, unkind, profane or in any way unjust language. And he will deal fairly with all people."

'I WILL BE WITH HIM'

"That is good," the Son said. "And he must keep the two great commandments, which I gave to mankind during my time on Earth."

The Holy Spirit responded, "That is all well and good, but above all these things, he must be an honest man."

"Whew," God and the Son said. "You have given him a really hard task. You know how difficult it is to be honest and live among men, and how few honest men there are.

"Do you believe he is up to the task?"

"Yes," the Holy Spirit said. "Remember, I will be with him always to sustain and strengthen him. Also, he will have both of you to reinforce my help."

'WE MUST GIVE HIM A NAME'

God said, "All these things shall come to pass, but we must give him a name. Since it was my idea, I will go first. I have chosen the name John, for many men of that name will be committed to us."

The Son said, "I like the name Houston, for many men of that name will play a large part in the development of our chosen people."

Not to be outdone, the Holy Spirit chimed in.

"Well, I have given this much thought and have decided on the good Irish name McMahon, simply because I like it and it seems fitting."

The Father, the Son and the Holy Spirit gazed upon their creation, John Houston McMahon.

And all three said, "This is good."

Crestview resident Doris McMahon's husband, John, was the McMahon Environmental Center's founder and namesake.

John died last month at age 90. While alive, the retired forester and state forestry poet laureate spent many years teaching countless children about Florida's trees and instilled in them a love of nature.

What's your view? Write a letter to the editor or tweet @cnbeditor.

This article originally appeared on Crestview News Bulletin: A Crestview woman's 'tribute to an honest man'

The article about a “dream map” in last week’s Crestview News Bulletin left me with a few questions of interest.

•First, I wonder about this statement: that after the 7th Special Forces located their facility quite close to Range Road 211, “they basically shut down the option” of making that a western corridor bypass route to help alleviate the very crowded, dangerous situation that occurs on State Road 85 twice daily, Monday through Friday, at minimum.

Add to that tourists traveling and occasional evacuations, and we are in a mess. I believe all would agree. Could someone give us written verification that this is a decision that the authoritative powers, either 7th Special Forces or Eglin Air Force Base, have actually made a final decision about?

We, the taxpayers and concerned citizens, have been told so many rumors and misinformation that we have become somewhat dubious about hearsay. It was “rumored” several years ago that Eglin had already granted permission for a western route bypass. True or false?

•Second topic: Money! Since a bypass is going to require county, state and federal funds, has anyone made an effort to seek any federal or state grants? If not, why not?

Certainly, with monies that are thrown around in Washington or Tallahassee, a good grant writer could obtain a major portion of the necessary funds for this desperately needed project.

•Finally, tourists are traffic savvy. If they have to continue to fight this traffic madness, they will begin to drive a few miles east or west from the south of us and take less congested routes just to avoid sitting in stalled traffic.

They can always grab fast food and get gas — cheaper — not risking accidents and frustrating situations. And they most likely will save money.

When we located here in 1983, there was an unwritten understanding that this was a “good ol’ boy” community, and no change was necessary or wanted. I really believe that is not the best attitude to try to hang on to 32 years later.

Some changes are good and some changes are not.

Some changes are necessary.

Moral climates should remain moral. Friendly and loving communities should remain as such. Safety climates should be given top priority and change as necessary.

What’s your view? Email commentary on local issues that you are passionate about to news@crestviewbulletin.com.

This article originally appeared on Crestview News Bulletin: 3 Crestview bypass questions from a long-time resident

As our life progresses, we never think of ourselves as not being able to do all the things we used to do in our younger life.

Emergency personnel have a driving force to help others in pain or in need of their assistance. They never stop think about themselves or what could happen to them while performing their skills, and are always ready to step up to the occasion.

On March 31, I found myself in need of their special skills.

I was fishing alone on Shoal River — about one-quarter mile south of Dugan boat ramp on South 85 outside Crestview — when my boat began to take on water and it sank.

When I realized there was absolutely no way I was going to be able to save the boat, I contacted 9-1-1 with my cell phone. Angel, the operator, answered my call.  She was very calm and professional, even though I was beginning to panic. She asked pertinent questions  with a reassuring voice so she would know where to send help.

One of the things I remember most is she told me she would not leave me, that she would stay with me on the phone until help arrived. She advised me she had help coming.

When the boat could stay afloat no longer, it rolled completely over and threw me into the river. I could not swim and keep my cell phone above the water, so I had to drop it, and that is the last time I was able to communicate with Angel. I barely made it to the end of a sandbar and was able to pull myself up onto it.

Time passed, and a boat operated by North Okaloosa Fire and Rescue rounded the corner. I waved to let them know I was the one they were looking for and I was in need of their services.

On board the rescue boat were EMTs and paramedics. When they arrived, I was shivering very hard and had a bluish tint to my skin. They loaded me into the rescue boat and transported me back to the boat landing.

I was placed in the capable hands of Kayla Dubois and Stacey Mennick, Medic 3. They immediately wrapped me in warm blankets and placed hand warmers under my armpit to get my temperature back up.

In the meantime, Lt. Mark Hollinhead and Officer James Rockwell, Florida Fish and Wildlife Conservation Commission officers, went with North Okaloosa Fire and Rescue to attempt to upright my boat and retrieve some of my belongings that floated away. Approximately 45 minutes passed and they returned pulling my boat.

What words do you use to thank individuals who place their safety aside to help someone else?

"Thank you" seems so trivial, but it's the only thing I can come up with.

As I lay down in my bed that night, I finally got warm. My mind reeled at how close of a call I had that day, but because of God and dedicated individuals, I lived to see another day.

My deepest thanks to: Angel, Dubois and Mennick, Hollinhead and Rockwell, North Okaloosa Fire and Rescue and United 83 – Deputy Fire Chief Danny L. Worrells, Chief Ed Cutler and Jonathan Flowers, Tomas Gracia and Sean O'Brien.

I do hope I have not overlooked anyone having to do with my rescue, but thank God we have people like all of you.

William Larry "Doc" Cox lives in Crestview.

What's your view? Write a letter to the editor or tweet @cnbeditor.

This article originally appeared on Crestview News Bulletin: Crestview man grateful for angels during near-death experience

How do you define performance? The Florida College System has carefully considered this question.

With 28 public colleges across the state, the FCS helps set the national standard, excelling in affordability, graduation rates and number of associate degrees awarded.

Florida public colleges are performing well. In March, Santa Fe College in Gainesville won the 2015 Aspen Prize for Community College Excellence; Indian River State College was a top 10 finalist. The prize is awarded every two years to institutions with outstanding student learning, certificate and degree completion, employment and earnings, and high levels of access and success for minority and low-income students. Just 150 colleges nationwide are considered for the prize, and 14 Florida colleges have been recognized with this prestigious award since its inception.

With more than 40 percent of America’s undergraduates enrolled in community colleges, strong institutions are crucial to the nation’s continued success and economic prosperity. And with roughly 98 percent of FCS graduates staying in Florida, the FCS has a $27 billion economic impact.

Still, the state must increase the capacity to serve these students by assuring an appropriate investment.

The Florida Legislature is working to define metrics for performance funding. Student retention, academic progress rate, and workforce alignment are key performance factors. However, defining what success looks like for different colleges can be challenging. Florida is such a national leader that even the college ranking last on the performance funding model will still be strong on national metrics.

The Southern Regional Educational Board, which works with 16 states to improve higher education, reported in 2012 that the Florida College System’s performance surpassed other states in first-year student persistence rates (students who don’t drop out the first year); three-year graduation rates; and number of degrees and certificates awarded.

Focusing on student success earned the FCS a national spot as an education leader while the state investment and tuition remained among the lowest in the region.

Performance funding will play a crucial role in ensuring our college system's future success, but finding the right metrics is a key factor in the model's success.

The legislature's support is vital for the FCS to continue delivering valued talent to Florida’s workforce. For this reason, the Florida College System embraces the opportunity to be measured, and will continue to maintain accountability for students’ performance. 

Carol Probstfeld is the Florida College System Council of Presidents' co-chair and chairs the Association of Florida Colleges Policy and Advocacy Committee.

What's your view? Write a letter to the editor or tweet @cnbeditor.

This article originally appeared on Crestview News Bulletin: Performance funding is crucial to Florida College System's success