Ch. 6 - "Bad Documentation"

As we come to the end of season one, reporter Tessa Kramer is left with some lingering questions. How are the injustices we've seen in this story woven into the DNA of our criminal legal system? Is there hope for genuine reform? And what role can forensics play? More information on Maneka Sinha of the University of Maryland Francis King Carey School of Law: https://www.law.umaryland.edu/faculty--research/directory/profile/index.php?id=1212 Radically Reimagining Forensic Evidence by Maneka Sinha: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3891788

The final episode of our first season is coming soon, but first: a message from Tessa on the arrest of her friend, Evan Gershkovich, a Wall Street Journal reporter who is wrongfully detained in Russia. For more information, visit www.freegershkovich.com.

The case of Earl Washington left a permanent stain on Virginia’s state crime lab. What does this case, and its aftermath, reveal about the lab's record of reviewing misconduct within its own four walls? More information on the case of Earl Washington Jr.: https://innocenceproject.org/cases/earl-washington/

As we approach the end of our reporting, Tessa revisits Gina Demas, the whistleblower, to see where the events of our story have left her, and to give her an update on our investigation. Will she get any vindication? More information on Dana Gold and the Government Accountability Project: https://whistleblower.org/ https://whistleblower.org/our-team/dana-gold/

Three women attacked on one fateful night in Norfolk, Virginia. All three identify the same man. Decades after his conviction, DNA analysis proves his innocence, leaving the women with more questions than answers. The people falsely convicted are not the only ones whose lives are turned upside down when the system gets it wrong.

In the midst of our reporting, another man is exonerated based on Mary Jane Burton’s clippings – Winston Scott. But one thing isn’t clear: why was Scott convicted in the first place? Reporter Tessa Kramer takes the original serology reports to an expert. Did Burton have a hand in Scott’s conviction? More information on the Mid-Atlantic Innocence Project, including former MAIP attorneys Frances Walters and Parisa Dehghani-Tafti: https://exonerate.org/ More information on the case of Winston Scott: https://exonerate.org/all-project-list/winston-scott/ More information on serologist Marilyn Miller of Virginia Commonwealth University (VCU): https://news.vcu.edu/article/marilyn_miller_crime_scene_guru_and_founding_forensic_science

The discovery of Mary Jane Burton’s clippings sparks a review of thousands of case files. This massive effort to find wrongly convicted people is unprecedented. Yet the slow effort by the lab raises questions. Were they afraid of what they’d find? More information on Virginia’s Post-Conviction DNA Testing and Notification Project: http://vscc.virginia.gov/2020/Virginia%20Post-Conviction%20DNA.pdf More information on the case of Bennett Barbour: https://slate.com/news-and-politics/2012/03/bennett-barbour-exonerated-of-rape-in-virginia-how-the-state-is-botching-the-dna-retesting-and-notification-of-old-cases.html

Whistleblower Gina Demas wasn’t the only one with concerns about Mary Jane Burton. Tessa Kramer sits down with two former lab employees whose careers soared following Gina’s fight with the lab. What do they remember about Mary Jane’s work? And what kept them from speaking up?

Falsifying results, skipping tests, and ignoring scientific protocols -- why weren’t these concerns addressed by the Virginia state crime lab? Whistleblower Gina Demas finds herself caught in a clash between science and office politics.

Who was this storied serologist, Mary Jane Burton? While her work is preserved in case files, bench notes, and court transcripts, little is known about her interior life. As we gather more detail about her life, uncovering mysteries and tragedies that complicate the narrative surrounding her work, a clearer picture emerges.