How unique is your hair? The FBI is looking into it

For decades the FBI has been using hair analysis and other forms of DNA testing to aid in the conviction of defendants. The science has certainly helped defendants who are accused of violent crimes, murder and rape to clear their name, too, but the FBI has recently announced that it will be looking into some of its cases to check for faulty science. One of the biggest problems the FBI has had, it seems, is agents making claims about hair analysis that can’t be supported by science. When those statements led to a conviction, it is very possible that the wrong person was convicted.

The review will start with cases in which the defendants were sentenced to death row, meaning Minnesota cases won’t be reviewed for a while. When they are, however, there may be good news for Minnesotans who are locked up for serious sex crimes they never committed.

Unfortunately, juries are easily persuaded by DNA evidence. When someone gets up and says that hair found at the crime scene matches the defendant’s or that hair is so unique that it could not possibly belong to anyone else, the jury is likely to take that testimony at face value. Unfortunately, if police or scientists are stretching the truth, this could have disastrous effects.

Fortunately, the FBI has announced that it will be reviewing a large number of cases. Moreover, it has said that it will waive any statute of limitations arguments or federal rules that would otherwise prohibit an appeal.

Although this will not initially affect Minnesota, many individuals in Minnesota’s prisons will eventually have their convictions reviewed after years in prison.

Source: The Washington Post, “U.S. reviewing 27 death penalty convictions for FBI forensic testimony errors,” Spence S. Hsu, July 17, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.