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Russell Simmons, HarrietTubman and the History of Myopia By Julianne Malveaux

August 18, 2013

Russell Simmons, Harriet Tubman and the History of Myopia
By Julianne Malveaux

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(TriceEdneyWire.com) - Every time I hear the voice of Russell Simmons, I hear a cool, clean, clear meditative voice, especially on Twitter where he drops his yoga knowledge in a reflective way. I guess he wasn't folding his legs and saying a centered “Om” when he decided to ridicule an African woman.

How did his voice distort itself to decide that he would post a You-Tube video on a space where everybody could watch “Harriet Tubman” in a sexual context?  How could he, this forward-focused man, decide to demean an emancipation heroine? Choose to demean her by making her a sexual object? Even as he took the offensive tape off his website, please tell me, somebody, what the brother Simmons was thinking? (In my first draft of this column, I called this man a "brother”, but really I mean the brother from another mindset).

Harriet Tubman is credited for freeing more than 400 enslaved people. She is credited for pulling a gun on some who ambivantly embarked on the Under Ground Railroad, then wanted to turn back to massa.  It’s complicated, but no matter how complicated it was, the depiction of Harriet Tubman a sex object is not only disparaging to a freedom fighter, but to every Black woman who stands on her shoulders

Nearly 20 years ago, Professor Anita Hill stared down a Senate Committee and spoke of the sexual harassment she experienced from now “Justice” Clarence Thomas. The judiciary committee dismissed her claims as “erotomania”; interestingly others who had similar claims were not allowed to testify.  Despite the best legal representation out there, Hill was excoriated in the media.  From my perspective, her best statement was “They don’t know me” in response to those who used minutia to claim special knowledge of her life and daily living.

When you don’t know African-American women, it is easy and lazy to reduce us into stereotypes.  Does Russell Simmons know Harriett Tubman, Sojourner Truth, Ida B. Wells, Anna Julia Cooper, Sadie TM Alexander, and Mary McLeod Bethune?  Does he know Coretta Scott King, Myrle Evers, Betty Shabazz, C. Delores Tucker?  Does he know us, or does he simply see us as the fodder of parodies?

The Simmons drama is especially offensive because when we have African-American people lifted up, the lifting is mostly about men. Still, Dr. Martin Luther King Jr, would not have made it without the enthusiasm of Coretta Scott King.

Harriett Tubman saved hundreds of enslaved people; yet her name is rarely lifted when we speak of emancipation. African-American women’s role in our history is neither admired nor appreciated.  When our brothers call the roll, she is given no credence, unless it is an afterthought. Brother Simmons if you just picked up a history book, you’d find African- American women who have made a major difference in our lives and in our movement.

Russell, do you know Ella Baker, the stalwart sister who stood beside and behind Dr. King and others to do organizing work?  Do you know Professor Joyce Lander who before being an academic was a tireless civil rights worker?  Do you know Alice Walker, Congresswoman Eleanor Holmes Norton, Maxine Waters?  Or a bit younger, do you know Congresswomen Yvette Clark, or Donna Edwards? The work these women have done and continue to do is possible because they stand on the shoulders of Harriett Tubman and our other ancestors.

Your apology doesn’t address the mindset that allowed this parody in the first place, the dozens of editors, producers, and assistants who saw nothing wrong with this, and the many Simmons “fans” who laughed at the depiction of a historical figure like Harriet Tubman as a sexual object who used her vagina for “freedom”.  It is as if you are laughing at every Black woman who was enslaved and had no choice when “massa” decided to rape her repeatedly.  It is as if you do not recognize the painful history of every Black woman who was raped, not only during slavery, but thereafter, when the goal was to keep Black men “in line” by violating Black women.  It is as if you put myopic blinder around your eyes, and chose to ignore history and its resultant pain.  Can you imagine (often happened) the violation of a child, a violation so intense that baby girls who dreamed of being mothers were told they could not have children?

Russell Simmons, once upon a time, you were the ambassador of a generation.  Even now, people are mesmerized by your gentle manner, your quest for peace and spirituality and your practice of yoga and Pilates.  Wrap your spirituality around your video and tell us where the two intersect.  How could you?  Why would you?  How dare you?

When you diminish our legacy for entertainment purposes, “pulling” the video is not enough. You need to work at eliminating a mindset that makes you and others think that the denigration of African-American women is okay.

King’s March Was for Jobs and Freedom by Rev. Jesse Jackson

August 11, 2013

King’s March Was for Jobs and Freedom
By Rev. Jesse Jackson

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(TriceEdneyWire.com) - As we approach the 50th anniversary of the famous March on Washington — Aug. 28 — Americans will recall Dr. King’s famous “dream”; many can recite entire passages of his historic address.

But it’s worth recalling the full meaning of that dream. The March on Washington was a march for justice. And the Civil Rights Movement transformed the country — gaining equal access to public accommodations, outlawing racial discrimination in employment, securing and protecting the right to vote with the Voting Rights Act.

But the 1963 March was titled “March on Washinton for Jobs and Freedom.” Economic opportunity was at its center. As a key organizer of the march, A. Philip Randolph, president of the Negro American Labor Council, put it:

“We have no future in a society in which 6 million black and white people are unemployed and millions more live in poverty. Nor is the goal of our civil rights revolution merely the passage of civil rights legislation. Yes, we want all public accommodations open to all citizens, but those accommodations will mean little to those who cannot afford to use them.”

But for jobs and economic opportunity, the March on Washington remains unfinished 50 years later. Nearly one-half of all African-American children live in neighborhoods of concentrated poverty. Nearly three-fourths attend majority minority schools, often scarred by the “savage inequality” of public funding. African Americans are still two times more likely to be unemployed than whites. Affordable housing remains beyond reach. Adequate public transport to allow access to jobs has declined, not improved. And in our inner cities and barrios, clean water, sound sewage, healthy food and good parks grow ever more rare.

The 50th anniversary must revive the movement to address this unfinished agenda. Only now the stakes are even greater. A majority of babies born in the United States are now children of color. In three decades, more than half of our population will be people of color, according to U.S. Census projections. By 2050, Bureau of Labor Statistics projections estimate that 42 percent of our workforce will be African American and Hispanic (today that figure is 27 percent). Diversity is our reality. We cannot afford to write off a majority of the next generation and still prosper as a great nation. We will educate and engage the children of all races or we will suffer continued decline.

We have made great progress since 1963. American apartheid in the South was outlawed. Overt racial discrimination is against the law. No longer must African Americans move to the back of the bus.

But the agenda of economic justice remains unfinished. The demands of the marchers in 1963 resonate today: full employment, affordable housing, equal and excellent public education, a minimum wage the equivalent of $13 an hour in today’s terms. We argued in 1963 that removing the shackles from the impoverished African-American minority would lift the nation. Now the challenge is to provide opportunity to all children, including the children of color who are America’s future majority.

Dr. Martin Luther King taught us that “Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.” In this time of extreme inequality, equal opportunity will not be bestowed by the privileged; it must be demanded by working and poor people. Working and poor people, across regions and religions and race, must come together to transform our national politics and priorities.

The 50th Anniversary of the March on Washington For Jobs and Freedom provides the opportunity to revive the full breadth of Dr. King’s dream and the full scope of the challenge to reach it.

Lawyer for Trayvon’s Parents Says He Fears for 'Black and Brown' Children by Hazel Trice Edney

Aug. 11, 2013

Lawyer for Trayvon’s Parents Says He Fears for 'Black and Brown' Children
Tells Why ‘Stand Your Ground’ Laws Must Be Amended

 By Hazel Trice Edney

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Benjamin Crump, pictured here at an April hearing in the Trayvon Martin case, says he and Martin's parents will not give up on the amendment of 'stand your ground' laws. Courtesy Photo

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(TriceEdneyWire.com) - Benjamin Crump, the passionate Tallahassee, Florida lawyer, who represents the parents of Trayvon Martin, says he will continue to press vigorously for changes in so-called “Stand Your Ground” laws around the nation because he fears for other children – including his own.

“My greatest concern is the precedent that has been set. This is a terrible precedent because I have Black sons. I’m a Black man,” said Crump, a father of 15 and 19-year-old sons. “This is so scary for little Black and Brown boys and girls to say that you can confront me, kill me and the law protects you. When you do that, this is a terrible precedent. I unfortunately predict that any Tom, Dick or Harry that shoots one of our children now, the first thing they’re going to say is, ‘I was standing my ground.’”

Speaking passionately in the telephone interview with the Trice Edney News Wire, Crump said a “Trayvon Martin Amendment” would require courts to consider who initiated the confrontation that led to violence. “You can’t profile somebody, pursue them, start the confrontation, pick the fight and then shoot and kill them and say that you were standing your ground.”

Currently, most of the laws only require someone to believe their life is in danger before legally shooting or taking another life – regardless of the circumstance that led to the confrontation.

“We need to concentrate on getting this legislation passed so if anybody takes another life, Trayvon Martin’s legacy will be, ‘Were you the aggressor?’ Because we can’t have everybody killing everybody,” says Crump. “They know they cannot bring Trayvon back, but what they’re trying to do is change these laws with the hope that it will prevent anybody else’s children being killed in this manner and with these results from our justice system.”

According to the Lawyers’ Committee for Civil Rights Under Law, the 22 states that have ‘stand your ground’ laws are Alaska, Alabama, Arizona, Florida, Georgia, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Washington and West Virginia.

In an open letter posted on the organization’s website, Lawyers Committee President/CEO Barbara Arnwine explains why these laws must be “critically addressed”.

“These ‘stand your ground’ laws extend the castle doctrine, which allows one to use deadly force when defending one's ‘castle,’ to places outside the home.  Although Zimmerman alleged traditional self-defense, he benefited from a jury instruction, which stated that he ‘had no duty to retreat and had the right to stand his ground and meet force with force, including deadly force if he reasonably believed that it was necessary to do so to prevent death or great bodily harm to himself or another or to prevent the commission of a forcible felony.’”

Arnwine says because the laws do not consider the circumstances surrounding the incident, they “potentially increase violence and wrongful deaths based on misunderstandings, miscommunication, and racial prejudices.”

Crump, of the Parks & Crump law firm, is scheduled to march and speak alongside Trayvon Martin’s parents – Tracy Martin and Sybrina Fulton - during March on Washington anniversary events Aug. 24, much of which will larger focus on racial profiling of Black youth. He is realistic about the amount of public pressure it will take to amend the laws; especially since they are decided from state to state. It would take a sweeping move by Congress, but he believes the momentum and passion since the July 13 not-guilty verdict will help.

“By the end of the year we hope that the Trayvon Martin tragedy will have the impact that the Emmett Till and the Medgar Evers and the Martin Luther King tragic deaths had to promote the passage of the civil rights act of 1965,” he said.

A string of civil rights leaders are also pressing the U. S. Department of Justice to file a federal civil rights case against Zimmerman. They argue that the volunteer Neighborhood watchman profiled Martin; therefore went after him because of his race. Crump says the Martin family has not given up on any legal strategy.

“We’re considering all legal options right now,” he said. “They’re focused on still trying to hold the killer of their son accountable in the criminal courts. And they understand that in the court system, they have no power over any of this stuff. So they’re trying to impact what they can.”

The Martin family continues to heal following the 18 months since their teenage son’s Feb. 28, 2012 death in Sanford, Fla. A jury found Zimmerman not-guilty after he argued he was attacked by Trayvon despite evidence that clearly showed the youth to have been unarmed and non-threatening while being followed by Zimmerman.

“They were devastated by the verdict as we all were. It was heart-breaking,” said Crump. “They’re trying to take something very painful and very negative and make something positive out of it. And they’re trying to not have a defeated mentality and they’re trying to take on this very tall order.”

Heard a tweet, “What will we tell our boys?” That’s the question. President Obama so eloquently made his remarks a few days ago and said we have to encourage our men and boys.

Meanwhile other families across the nation struggle to explain to their children how to avoid such a fate. “The sad thing about it is you don’t want to have to tell them they don’t have a right to walk in peace; They don’t have a right to walk home from the store,” says Crump. “You don’t want to tell them that it’s a different America for them, that they can’t have freedom of expression, they can’t wear certain clothes because they would be perceived as criminals or suspicious or up to no good.”

Deconstructing Reconstruction by Nicholas Lemann

August 12, 2013

Article V of an 11-part Series on Race in America - Past and President
Deconstructing Reconstruction
By Nicholas Lemann

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Nicholas Lemann

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The tumultuous decade that followed the Civil War failed to enshrine Black voting and civil rights, and instead paved the way for more than a century of entrenched racial injustice.

(TriceEdneyWire.com) - Children in elementary school often come home with the idea that the purpose of the Civil War was to end slavery-but if that were true, then why did it take Abraham Lincoln so long to issue the Emancipation Proclamation, and why was it less than universally popular in the Union states?

If you see the movie Lincoln, you get a much fuller picture of the contingency of emancipation, and of the difficulty of passing the Thirteenth Amendment to the Constitution, which abolished slavery completely-but why didn't Lincoln and the Congress think to address at the same time the obvious question of what status the freed slaves would have after that?

After Lincoln's assassination, Congress and the state governments settled that matter by passing the Fourteenth and Fifteenth Amendments, which gave the former slaves full civil rights and voting rights-but why was it necessary for exactly the same rights to be reenacted, after enormous struggle, nearly a century later, during the civil rights era?

The answers to all these questions are essentially the same: For most of American history, White America has been highly ambivalent, or worse, about the idea of full legal equality for Black Americans. Emancipation itself was a forced move, an obvious consequence of the war only in retrospect; it happened because in war zones in the Confederate states, slaves left their plantation homes and appeared at Union army encampments (they were known at the time as "contraband"), and somebody had to decide what to do about them; sending them back to their owners would be both morally suspect and a form of material aid to the enemy.

There has always been a debate about what kind of Reconstruction regime Lincoln would have instituted after the war, had he lived; his racial impulses were generous, but he was not an abolitionist until he actually abolished slavery. Reconstruction-the tumultuous decade or so that followed the Civil War-was an enormous shaping force in American history, and not just in the area of race relations. It's worth recounting in basic outline, because it's a far less familiar story than that of the Civil War itself, but far more relevant today.

The word "Reconstruction" is somewhat misleading in the American case, because it implies that the main challenge was managing the tension between punishing the South for seceding and getting it back on its feet economically and politically. In this instance the more pressing question was what the lives of the millions of freed slaves in the South would be like.

Would they be able to vote? To hold office? To own property? To sue White people? Would government undertake an active, expensive effort to educate them and put them on the way to economic self-sufficiency? Merely to say that former slaves were now free turned out to resolve remarkably little.

In the period just after the Civil War, Lincoln's vice president and successor, Andrew Johnson, was impeached for moving too slowly on these matters, and for being too lenient with the South. Then the fiercely antislavery "radical Republicans" took power, rammed through the Fourteenth (civil rights) and Fifteenth (voting rights) Amendments, maintained the presence of federal troops in the South to enforce those laws, and ran a proto-War on Poverty through a new federal agency called the Freedmen's Bureau, which was meant to help the freed slaves. Just as the Emancipation Proclamation and the Thirteenth Amendment were enormously controversial in the North as well as the South, so too - only more so - were these "radical Reconstruction" measures.

The freed slaves never got "forty acres and a mule," a land-reform idea that has resonated through the years but wasn't enacted (see "Rumors of the Land"
but they did get the basics of citizenship-most importantly, the right to vote. One of the most amazing achievements in the history of Black America was the creation, in just a few years, of an elaborate political machinery-Republican, of course-that produced far higher (in fact, pretty close to 100 percent) voter turnout among freed slaves in the South than the United States as a whole has now. One result of this was that the South elected dozens of Black officials to national office, and another was that state and local governments delivered, at least to some extent, what the freed slaves wanted, notably education at all levels.

None of this was especially popular in the North and it was wildly unpopular in the White South. Most of the rest of America chose to understand Black political empowerment in the South in terms that are still familiar in conservative discourse today: excessive taxation, corruption, and a power imbalance between federal and state government.

These arguments were more presentable than simply saying that Black people shouldn't be allowed to vote, and they built sympathy for the White South among high-minded reformists in the North who were horrified by the big-city political machines that immigrants had created in their own backyard. Good-government reformers hated the idea of uneducated people taking over the democratic machinery and using it to distribute power and patronage, rather than in more high-minded ways. Liberal northeastern publications like the Nation, the Atlantic Monthly, and Harper's Weekly were reliably hostile to Reconstruction, and their readers feasted on a steady diet of horror stories about swaggering corrupt black legislators, out-of-control black-on-white violence, and the bankruptcies of state and local government.

The Ku Klux Klan, which began in the immediate aftermath of the war and was suppressed by federal troops, soon morphed into an archipelago of secret organizations all over the South that were more explicitly devoted to political terror. These organizations-with names like White Line, Red Shirts, and White League-had shadowy ties to the more respectable Democratic Party. Their essential technique was to detect an incipient "Negro riot" and then take arms to repel it. There never actually were any Negro riots; they were either pure rumor and fantasy that grew from a rich soil of White fear of Black violence (usually entailing the incipient despoliation of White womanhood) or another name for Republican Party political activity, at a time when politics was conducted out of doors and with high-spirited mass participation.

The White militia always won the battle, if it was a battle, and nearly all the violence associated with these incidents was suffered by Black people. In the aggregate, many more Black Americans died from white terrorist activities during Reconstruction than from many decades of lynchings. Their effect was to nullify, through violence, the Fifteenth Amendment, by turning Black political activity and voting into something that required taking one's life into one's hands.

All of this was known at the time (the movie Birth of a Nation can be seen as an extended brag about the effects of these techniques during Reconstruction), and there was no mystery about what the remedy to Southern political terrorism was: federal troops. Just as in every "Negro riot" the White militia won, in every encounter between the U.S. Army and a white militia, the Army won.

The Army was in the South to enforce the Fourteenth and Fifteen Amendments, and it became increasingly clear that without its presence, the white South would regionally nullify those amendments through terrorism. But the use of federal troops to confront the white militias was deeply unpopular, including in the North.

Remember that in the 1870s, despite the Civil War, few Americans thought of their national government as properly occupying an ongoing active presence in their lives. The country had never been entirely for full rights for African Americans in the first place, and it wanted to put the Civil War and its legacy behind it. In January 1875, troops under the command of General Philip Sheridan, the great Union cavalryman, marched onto the floor of the Louisiana legislature to ensure that representatives elected by Black voters would be seated. This incident was denounced by virtually every respectable liberal voice in the North; at a public protest meeting in Faneuil Hall in Boston, most of the leading White former abolitionists demonstrated that they had turned against Reconstruction. It's a clear example of the idea that the past is another country-it is hard for us to imagine today how abolitionists could support emancipation but not full black citizenship, but many of them did.

President Ulysses S. Grant, perhaps out of conviction and perhaps out of political calculation (Black Southern voters were a big part of the Republican electoral base), placed himself close to the pro-Reconstruction edge of White opinion. Every member of his Cabinet was more hostile to Reconstruction than he was. But he did not feel confident that he could empower federal troops again and again to enforce black voting rights until the South finally accepted those rights. The crucial moment came in the fall of 1875 (election dates were less standardized then than they are now), when Mississippi and Ohio held state elections.

White terrorists in Mississippi made it clear, by arming themselves and disrupting Republican political activity, that they intended to suppress the Black vote to the point that the Democrats would win. A group of Ohio politicians visited Grant and told him that if he had federal troops enforce the Fifteenth Amendment in Mississippi, it would be so unpopular in Ohio that the Democrats would win there. Grant tried to compromise by sending a negotiator to Mississippi to broker a peace treaty between the Republicans and the White Line organization, but the Democrats immediately violated the treaty, there was a wave of electoral violence in November, and the Democrats swept back to power (while the Republicans held Ohio).

The next year, militia organizations across the South copied "the Mississippi plan" for Black vote suppression, and this was one reason the 1876 presidential election ended in a tie-which was resolved by the Republicans promising to withdraw federal troops from the former Confederacy, in return for the presidency. From that point on, enforcement of the Fourteenth and Fifteenth Amendments in the South grew increasingly lax.

Whites with guns "called upon" politically active Republicans, Black and White, and urged them to move to the North or drop their political activities-and the advice was frequently taken. By the 1890s the Southern states were able legally to institute the Jim Crow system, which formally rescinded Black civil rights and voting rights, without challenge from the federal government. Through at least the first half of the twentieth century, most White Americans, North and South, understood Reconstruction to have been a miserable failure on its own terms, and even most liberals regarded Jim Crow as an impregnable fortress. In 1957, Congress passed a civil rights bill, and President Dwight Eisenhower sent federal troops to the South to ensure Black Americans' rights (specifically, the right to attend Central High School in Little Rock, Arkansas) - the first time either had happened since 1875.

Once your ear is tuned to hear them, echoes of Reconstruction are all around us today. The distinctive voting patterns of the South are a product of Reconstruction and Jim Crow, and the dramatic switch in the South's political loyalties beginning in the 1960s is a direct result of the Democratic Party's aligning itself with the original goals of Reconstruction. Reconstruction was the beginning point for most of our debates about the proper size and extent of the federal government; the Fourteenth and Fifteenth Amendments were the first important measures directing the national government to do something affirmatively, rather than forbidding it to do something.

It's no accident that African-Americans are consistently the group with the most favorable view of government; essentially all of their progress toward full legal equality came as a result of government-specifically, federal government-action. Periods of greater state and local power were periods of at best no progress, and at worst more terror. And psychologically, the yawning gap that still exists between the way Whites and Blacks understand Reconstruction-which, unlike the Civil War and the civil rights movement, has had almost no depictions for popular audiences since the days of Gone With the Wind, but gets communicated privately inside family homes in very different ways-must partly account for what remains of the profound gaps between the races in their perception of the essential nature of the national project.

Nicholas Lemann a Washington Monthly contributing editor, is dean of Columbia University's Graduate School of Journalism and the author of "Redemption: The Last Battle of the Civil War." This article, the fifth of an 11-part series on race, is sponsored by the W. K. Kellogg Foundation and was originally published by the Washington Monthly Magazine.

2,000-Plus Convictions to Be Reviewed Because of Invalid Hair Samples by Frederick H. Lowe

Aug. 11, 2013

2,000-Plus Convictions to Be Reviewed Because of Invalid Hair Samples 
By Frederick H. Lowe

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An FBI agent testified that Santae Tribble's hair fibers were found at the scene of a murder, but DNA excluded the hair as Tribble's. DNA also  revealed that one of the hairs used to convict Tribble belonged to a dog. PHOTOS: The Innocence Project

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Donald Gates

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Kirk Odom

Special to the Trice Edney News Wire from TheNorthStarNews.com

(TriceEdneyWire.com) - The U.S. Justice Department and the FBI will review more than 2,000 criminal convictions in which the FBI used microscopic hair-sample analysis that has now been proven to be scientifically invalid. In come cases, hair-sample analysis led to convictions of innocent individuals.

The Justice Department and the FBI launched a review after three Black men - Donald Gates, Kirk Odom, and Santae Tribble - all of Washington, D.C., had been convicted of violent crimes and were sentenced to long prison terms based on hair samples found at the individual crime scenes.

Gates, Odom and Tribble, were later exonerated by DNA evidence, which has replaced hair-sample evidence, said Paul Cates, a spokesperson for the Innocence Project, which is based in New York.

Before DNA testing was used in criminal trials, prosecutors throughout the country routinely relied on microscopic-hair comparison analysis, often provided by the FBI, to link a criminal defendant to a crime.

The practice was deemed "highly unreliable" in a 2009 National Academy of Science report on forensic science, titled, "Strengthening Forensic Science in the United States: A Path Forward," the Innocence Project said in a statement.

FBI overstated hair-sample evidence to win convictions.

"It is possible to conduct hair microscopy and find similarities among various samples," said Peter Neufeld, co-director of the Innocence Project. "But it appears that in many cases the FBI was overstating the significance of these similarities, often leaving juries with a false impression that the hair recovered from the crime scene must have come from the defendant and could not have come from anyone else. The government is now acknowledging that this was wrong and that the science does not support such conclusions."

The Innocence Project uses scientific DNA evidence to overturn wrongful convictions.

Blacks are the most exonerated.

Since 2000, 311 individuals, including 193 African Americans, 94 Caucasians, 22 Latinos and 2 Asian Americans, have had their convictions overturned by DNA evidence, according to Innocence Project Fact Sheet.

The Innocence Project already has identified that 72 of the first 310 wrongful convictions overturned by DNA evidence involved faulty hair evidence.

The Innocence Project announced in July the historic agreement to review the cases that were processed by the FBI between 1985 and 2000.

The National Association of Criminal Defense Lawyers (NACDL) and pro bono lawyers also are participating in the case reviews. The cases involve an undisclosed number of FBI agents who testified that hair samples found at the crime scenes pointed to one individual, excluding all others.

An FBI agent testified that Santae Tribble's hair fibers were found at the murder scene, but DNA evidence excluded the hair fibers as Tribble's. DNA also found that one of the hair fibers used to convict Tribble was a dog's hair."

The Innocence Project, NACDL, and pro bono partners worked for more than a year with the FBI and the Justice Department in determining the scope and protocols and implementation of the review that will cover the more than 2,000 cases during the specified-time period plus any number of unknown cases processed in preceding years.

The review will focus on cases in state and federal courts.

"Over the course of 25 years, the FBI conducted a two-week training course that reached several hundred state and local hair examiners throughout the country and that incorporated some of the scientifically flawed language that the FBI's examiners had used in lab reports and trial testimony. As a result, it is likely that audits similar to the FBI's will be necessary in most states," the Innocence Project said.

The Department of Justice has agreed not to raise procedural objections such as statute of limitations. The government also agrees to notify directly the defendants and their lawyers where an error is identified and to offer free DNA testing in the cases where an error was identified in the analysis or testimony.

The three Black men

The cases that made the law-enforcement community realize the shortcomings of microscopic hair testimony involve Tribble, Gates and Odom.

Tribble served 23 years in prison for the 1978 robbery and murder of a John McCormick, based on 13 hairs found in a stocking mask worn by the gunman. Police recovered the mask at the crime scene. In 2012, Tribble's lawyers had DNA tests performed on the hairs and none of them matched Tribble. The FBI also mistakenly called a dog hair a human hair.

Gates was convicted of the 1981 rape and murder of Catherine Schilling, a 21-year old Georgetown University student. A judge sentenced Gates to 20 years to life in prison. In 2009, a DNA test of the hair samples found at the crime scene eliminated Gates as the rapist and murderer. In 2010, Gates was issued a certificate of innocence.

Odom was sentenced to prison for 22 years and had to register as a sex offender for the 1981 rape of a White woman on Capitol Hill. An FBI special agent testified that a hair sample found at the scene matched Odom's. His family testified that Odom was at home at the time of the rape because his sister had returned that day from the hospital with her new baby. A jury took only a couple of hours to convict him.

A DNA test on the hair excluded Odom as the rapist. The hair was linked to a convicted sex offender.

"This review is an example of our judicial system at its best - prosecutors and defense lawyers working together to see that justice is done," said David Koropp, a partner at Winston & Strawn LLP, one of the pro bono partners involved in the review. "Determining whether erroneous forensic evidence may have been used in criminal cases is vital to maintaining the integrity of our criminal justice system."

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