April 24, 2007


If there's one positive that might come out of the Duke imbroglio, it's that the unusual demographics of the parties involved and alliances it spawned may mean some much-needed new scrutiny of the criminal justice system, and win welcome new advocates for reform.

Nifong is by no means the only overly aggressive prosecutor in this country. And Durham is by no means the only jurisdiction where the wrong people have been wrongly accused. As Seligmann suggested, the only real difference may have been that the Duke players had the resources to fight back. Many others don't.

Examples abound.

A 2002 audit of the crime lab in Houston, Texas, found that experts may have given "false and scientifically unsound" testimony in thousands of criminal cases. Subsequent reports showed that crime lab employees often tailored their tests to fit police theories about how a crime was committed. The city is finishing up a $5.5 million review of 2,300 cases, including death penalty cases.

In 2003, Texas Gov. Rick Perry pardoned 35 mostly black residents of Tulia, Texas, who had been prosecuted for drug crimes based on testimony from undercover police officer Tom Coleman. Coleman, once named Texas "Police Officer of the Year," was found to have manufactured evidence from whole cloth.

Just last month in Maryland, self-styled ballistics expert Joe Kopera committed suicide after it was revealed that he lied about his expertise and training. Kopera had testified in hundreds of criminal trials over 40 years, many of which may need to be reopened.

A 2005 audit found critical errors in the state of Virginia's crime lab, considered one of the best in the country. The audit found that senior-level experts in the lab were too often persuaded by political pressure to secure convictions. The audit was ordered after the exoneration of Earl Washington Jr., a man who served 17 years on Virginia's death row.

These are merely examples from the last several years, and they're by no means comprehensive. Here's hoping that the most vocal critics of Mike Nifong and the Durham justice system that relentlessly pursued the Duke lacrosse players — many of whom don't generally speak out on criminal justice issues — will see the case as more than just an example of media bias or reverse discrimination.

I've been writing about this kind of thing since the very earliest days of InstaPundit, but, I have to say, to no great effect. I'm not sure why people don't care about this more, but they don't. Perhaps they're afraid of what they'll find if they look too closely?