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The FBI Says Its Photo Analysis is Scientific Evidence. Scientists Disagree.
This story was originally published by ProPublica. At the FBI Laboratory in Quantico, Virginia, a team of about a half-dozen technicians analyzes pictures down to their pixels, trying to determine if the faces, hands, clothes or cars of suspects match images collected by investigators from cameras at crime scenes. The unit specializes in visual evidence and facial identification, and its examiners can aid investigations by making images sharper, revealing key details in a crime or ruling out potential suspects. But the work of image examiners has never had a strong scientific foundation, and the FBI's endorsement of the unit's findings as trial evidence troubles many experts and raises anew questions about the role of the FBI Laboratory as a standard-setter in forensic science. FBI examiners have tied defendants to crime pictures in thousands of cases over the past half-century using unproven techniques, at times giving jurors baseless statistics to say the risk of error was vanishingly small. Much of the legal foundation for the unit's work is rooted in a 22-year-old comparison of bluejeans. Studies on several photo comparison techniques, conducted over the last decade by the FBI and outside scientists, have found they are not reliable. Since those studies were published, there's no indication that lab officials have checked past casework for errors or inaccurate testimony. Image examiners continue to use disputed methods in an array of cases to bolster prosecutions against people accused of robberies, murder, sex crimes and terrorism. The work of image examiners is a type of pattern analysis, a category of forensic science that has repeatedly led to misidentifications at the FBI and other crime laboratories. Before the discovery of DNA identification methods in the 1980s, most of the bureau's lab worked in pattern matching, which involves comparing features from items of evidence to the suspect's body and belongings. Examiners had long testified in court that they could determine what fingertip left a print, what gun fired a bullet, which scalp grew a hair "to the exclusion of all others." Research and exonerations by DNA analysis have repeatedly disproved these claims, and the U.S. Department of Justice no longer allows technicians and scientists from the FBI and other agencies to make such unequivocal statements, according to new testimony guidelines released last year. Though image examiners rely on similarly flawed methods, they have continued to testify to and defend their exactitude, according to a review of court records and examiners' written reports and published articles.