Evidence Of Injustice

FBI's Bullet Lead Analysis Used Flawed Science To Convict Hundreds Of Defendants

(CBS)  This segment was originally broadcast on Nov. 18, 2007. It was updated on Sept. 12, 2008.

Aside from eyewitness testimony, some of the most believable evidence presented in criminal cases in the United States comes from the FBI crime laboratory in Quantico, Va. Part of its job is to test and analyze everything from ballistics to DNA for state and local prosecutors around the country, introducing scientific credibility to often murky cases.

But a six-month investigation by 60 Minutes and The Washington Post last November showed that there are hundreds of defendants imprisoned around the country who were convicted with the help of a now discredited forensic tool, and that the FBI never notified them, their lawyers, or the courts, that the their cases may have been affected by faulty testimony.

The science, called bullet lead analysis, was used by the FBI for 40 years in thousands of cases, and some of the people it helped put in jail may be innocent.

As correspondent Steve Kroft reports, one of them is Lee Wayne Hunt, who is now serving a life sentence for murder in North Carolina.

---

Lee Wayne Hunt tells Kroft he's been behind bars for over 22 years and 6 months, and maintains he's an innocent man. "What I've said from the word get go that I ain't -- never killed nobody. I didn't have nothing to do with this," he says.

Hunt was convicted in 1986 of murdering two people in Fayetteville, N.C., based on the testimony of two questionable witnesses and what turned out to be erroneous ballistics testimony from the FBI lab.

For years, the FBI believed that lead in bullets had unique chemical signatures, and that by breaking them down and analyzing them, it was possible to match bullets, not only to a single batch of ammunition coming out of a factory, but to a single box of bullets. And that is what the FBI did in the case of Lee Wayne Hunt, tying a bullet fragment found where the murders took place to a box of bullets the prosecutors linked to Hunt.

"I put it exactly the way it sounded to me, and the way that I believe it to be," Hunt says. "He said that this box of bullets is the same box of bullets that was used to kill these people, made on, about the same time."

"I think everybody in the courtroom assumed that this was valid evidence," says Hunt's attorney, Richard Rosen.

Asked how important he thinks this was to his client's conviction, Rosen says, "I thought it was very important to our client's conviction. It was the single piece of physical evidence corroborating their story. And it came from, you know, it came from the mountaintop."

The FBI first used bullet lead analysis while investigating the assassination of John F. Kennedy, trying to match pieces of bullets discovered at Dealey Plaza with bullets found in Lee Harvey Oswald's rifle.

By the 1980's, the FBI was routinely using this analysis to link bullet fragments found at a crime scene with bullets found in the possession of a suspect, almost always in cases where more reliable ballistics tests were impossible.

"And could you run like a standard ballistics test on this?" Kroft asks William Tobin, a former chief metallurgist for the FBI.

"No," Tobin says. "They're too deformed for the conventional ballistics examinations."

Tobin says the Quantico lab was the only place in the country that did bullet lead analysis, and the assertion that you could actually match a bullet fragment to a specific batch or box of bullets went unchallenged for 40 years -- until Tobin retired in 1998 and decided to do his own study, discovering that the basic premise had never actually been scientifically tested.

"FBI lab personnel testified that you could match these fragments to this bullet," Kroft remarks.

"Yes, that's correct," Tobin says.

Asked what he found out, Tobin tells Kroft, "It hadn't been based on science at all, but rather had been based on subjective belief for over four decades."

"So what you're saying is that this is junk science?" Kroft asks.

"That's correct," Tobin says. "It's worthless as a forensic tool."

[techgeek1213]

%u201CIf there is a true and just God%u2026%u201D

Existentialism rejects the notion that there is any "created" meaning to life and the world and that a leap of faith is required of man in order for
him to live an authentic life. There is no true and just God, just the meaning of life proposed by the Dominants.

Dave Matthews screamed "Halloween". It frightened me, but I liked it :-)

[techgeek1213]

%u201CIf there is a true and just God%u2026%u201D

Existentialism rejects the notion that there is any "created" meaning to life and the world and that a leap of faith is required of man in order for
him to live an authentic life. There is no true and just God, just the meaning of life proposed by the Dominants.

Dave Matthews screamed "Halloween". It frightened me, but I liked it :-)

[iseey-2009]

The next question to ask William Tobin is, "how does your investigation relate to Oswald?" Does this expose a cover up and has this cover up caused forty years of injustice to the american people? We have police state operatives in our government that need to be mediated or disposed. We can no longer afford to fill our jails with this corruption.

[vanquishing]

Hunt deserves freedom!!! What an injustice and the North Carolina court won''t even acknowledge the fact they sentenced the wrong man over 20 years ago. NC, you have proof from the DA! What more do you need? Great investigative reporting CBS- now help fight for this man''s freedom!

[eyemdope]

Joggle1106,

If there is a hell, you are destined to rot there, just like the innocent victim you wrongfully accuse of murder that you''re condemning to rot in prison based on completely false ballistic analysis that this 6 month investigation uncovered and that the FBI has unequivocally admitted was flat out wrong. If there is a true and just God, when it''s time to meet your maker I''m sure you will be treated to all the fairness and mercy that you have given to this hapless victim in the miscarriage of justice ... which you make clear as NONE. He might have to rot in prison for the rest of his life in part because of your blind hatred and neglect of the facts of reality, but that''s ultimately insignificant compared to spending an eternity in damnation.

I, for one, look forward to that day for justice to ultimately be served with respects to you and your ilk.

[jogle1106]

Well to all of you who do not live in Fayetteville, NC. A few days ago in the Fayetteville Observer it was anounced that Lee Wayne Hunt will never get a second chance nore will he ever be released from prison. So what do you all think now?

[whatithink-2009]

mitchoncbs,

I take these nazi comments as sarcasm against the system, not supporting nazism.

[whatithink-2009]

cmaples82,

That is where you are wrong. It is also about a lawyer who was told that another person did it alone and this guy was no even there.

[cmaples82]

You know how this story is about is the bullet lead analisis and nothing else who cares if he wasnt linked to the bullet . I would like this man to look me in my face and tell me he didn''t have anything to do with it and then tell me why I wasn''t killed . I have lived my hole life wondering why I was in the house when my parents were killed and why I was left behind .

whatithink, apparently you don''t read many of his comments, especially the ending of each one. He will throw out Nazi comments, and trash everone on here if he gets a chance. That''s all he does and it makes me sick to see those Nazi comments. Go back and read some of them, then ask me.

[whatithink-2009]

mitchoncbs,

What did he say to deserve this comment? If someone is murdered do you think it is right to pick anybody to be punished for the crime? How about you go outside and pick somebody and let''s forget the trial, just throw the person in jail. Is this right?

There is no excuse for you McVet, you low life pice of human garbage....

[mcvet]

well said cuz , I really don''''t even wanna deal with all this cause it makes me so mad that cbs wouldn''''t want to here the victims side of the story .


--------------------------------------------------------------------------------

Posted by cmaples82 at 03:49 PM : Nov 19, 2007
+ report abuse

Excuse me but isn''t this story ABOUT the victim? When an Attorney for a, now dead, man comes forward and TELLS the judge that his client killed the people this man was wrongly convicted of, isn''t that person who was Wrongly convicted the VICTIM? It sounds to me like YOU are just locked in on the idea that somehow those in power can do no wrong. Maybe it''s that or maybe its a lot of bigotry on your part but you should at least LOOK like you''re being fair. Sieg Heil Y''all.

[tbweb]

From now on ...

1) aka- EarlyProphet......2) aka-PeaceProphet
3) aka-MegaProphet ......4)aka-KJVProphet
5) aka-NextProphet........6) aka-TrueProphet
7) aka-LAProphet...........8) aka-NHProphet
9) aka-GoodProphet

... will all be known as Sh*tProphet

Posted by phil-in-Fin at 01:25 AM : Nov 20, 2007,,,

Ditto!

[earlyprophet]

RON PAUL WINS NATIONAL ZOGBY POLL
The results of a nationwide telephone poll, announced by Zogby on November 19th, reveals that a sizeable majority of Americans are looking to vote for a candidate who protects liberty; who wants to shrink government; and who wants to immediately withdraw our troops from Iraq - all positions taken by Texas Congressman Ron Paul. As part of a blind, spread poll commissioned by Jones Productions, respondents were provided with descriptions of four different candidates and asked to choose who they would vote for based on each one''s attributes and political platform. 32.8% of pollees chose Ron Paul, 18.6% chose Rudy Giuliani, 12.6% chose Fred Thompson, while only 15.1% chose Mitt Romney. The results clearly illustrate that the country is crying out for Ron Paul, which is why mainstream media has launched a PR offensive to marginalize his campaign accomplishments and suppress the Congressman''s name recognition. The sample used for the poll had mainly never or rarely used Web sites popular with Ron Paul supporters, such as You Tube, MySpace and Facebook, showing that if those types of Internet users had been more fairly represented, the numbers would be even more in favor of the Congressman. In a seperate question, over 49% of pollees said they would be more likely to vote for a candidate who would begin an immediate withdrawal from Iraq. Zogby indicated that, due to the high level of interest in the poll, they will be issuing a press release on Nov 20th.

[mawhalen]

After watching your investigation of bullet lead analysis, it raised a question in my mind whether those who are likely innocent will have the same opportunity that the three Duke Lacrosse players had; that is, to hire high profile attorneys to prosecute the prosecutors. Injustice, when served in any situation, is always the same. This investigation makes the Duke Lacrosse players look like whinny children who couldn''t deal with "life''s bumps". It makes Michael Nifong look like he was just prosecuting another case.

MA Whalen, NC State Bar Certified Paralegal

[earlyprophet]

ARE WE A NATION OF LAWS?
Consider the Patriot Act. The Law is 342 pages long, or 57,000 words, making it a bit longer than Dostoevsky''s "Notes from Underground" or, if you''re partial to pigs, about twice the size of Orwell''s "Animal Farm." The Patriot Act is the reigning champion of our government''s recent un-American activities. When it was first paraded before Congress and the Senate following the 9/11 attacks, few Members, other than Congressman, Ron Paul dared to vote against it. Most in Congress simply gave it their rubber-stamp of approval, without ever reading it. Why bother? It was, after all, named the "USA Patriot Act." It must be a good thing. Right? Now in effect, the Law wrecks a generation''s worth of constitutional protections against government snooping, legalizing police-state tactics in searches and seizures, criminalizing certain forms of speech and political activity, and opening the way for the mistreatment of foreigners in government custody and wholesale expulsions and imprisonment. It is a repugnant, unnecessary Law that goes against the very principles its name wrongly implies. Yet, it remains unchecked and unbalanced by public opinion, Lawmakers or the Courts. So, yes, we''re a nation of Laws. But the Laws aren''t much to speak of when they''re designed to hoodwink the public to win its docility. Neither is public responsibility much to speak of these days when its docility is secured with nothing more than a ploy-riddled play on the word "patriot."

[whatithink-2009]

"...after 20 years of thinking someone is guilty, then it would be hard to let go of that belief.
Posted by bararei"

- That is the problem.

[bararei]

jogle1106,
How does a reporter looking to make a buck have anything to do with the subject? A man may have been convicted for a crime he did not commit, on what is now shown to be flawed evidence. I feel for you and your family, and understand that after 20 years of thinking someone is guilty, then it would be hard to let go of that belief. But please, think. Would you prefer an innocent man sat in jail because you were convinced that he belonged there, robbing him of HIS life? That hardly seems right or fair.

[cmaples82]

you know I really hate people who think they know everything , you have no idea what your talking about you know what you have seen on TV or what you have read