The Innocence Files season 1, episode 3 recap: The Duty to Correct

Episode 3 of Netflix series The Innocence Files: Keith Harward

Previously, The Innocence Files looked at the freeing of 2 innocent suspects, faulty forensic evidence, and a prison with historical links to slavery. Episode 3 awkwardly picks up with Dr. Michael West — the Forensic Odontologist — advocating against removing confederate art from a local graveyard. In the previous episode who used a confederate slogan, which easily makes one wonder if he’s trying to bias viewers against him further. He adds that he’s the “messenger” who brings evidence to the jury in cases.

That’s a less volatile point, but we’ve already learned that two men — Levon Brooks and Kennedy Brewer — convicted on his expert forensic analysis were actually innocent. Also, in an odd sort of way, this case illustrates that The Innocence Project isn’t motivated purely by skin color, as the man who proved to be guilty, Justin Albert Johnson, also happened to be black.

The Innocence Files questions forensic science

The National Academy of Sciences has challenged the apparent myth of the infallible forensic expert. The Innocence Files calls the myth the “CSI effect,” but lab coats don’t necessarily equal telling the truth.

In addition to the Brooks and Brewer exonerations, this episode looks at the case of Keith Harward, convicted with bite mark testimony on Sep. 14., 1982, in Newport News, Virginia. He was accused of attacking Jesse and Teresa Perron — murdering Jesse and raping her.

Keith became a suspect because, apparently, he had previously fought with a woman and happened to bite her on the shoulder. However, an instance of biting does not make one a murderer. Although Teresa didn’t recognize his voice as belonging to her attacker.

However, it didn’t help that Harward was accused of having blood on his uniform shortly after the killing and rape, and he was sunk by the testimony of Odontologist Lowell Levine, he thought Keith Harward bit her. The problem is, plenty of available evidence was unused in assessing his innocence or guilt.

Exoneration

By the time Keith Harward was exonerated by DNA evidence, he had been in prison for 35 years. The man who did the crime was actually Jerry Crotty, a sailor in the same unit who was in and out of prison. Harward was released in 2016. The Innocence Project follows his life after release, and we learn some interesting things about him.

He grew his hair out after release because it wasn’t allowed in prison. Also, the state of Virginia gave him $1.55 million in compensation. While many people would like that kind of money, few would find this the best way to get it.

Now Keith Harward says his job is to challenge bite mark cases. We see him advocating for a bill challenging wrongful convictions based on flawed forensic science in Virginia. He gives a rousing speech that receives applause and a standing ovation. Frustratingly, we later learn that Keith’s bill failed to pass the House.

Just science or junk science?

The Innocence Files also features snippets of a debate between Chris Fabricant and Dr. Richard Souviron, the Forensic Odontologist famous for securing Bundy’s stay in prison. Is Forensic Odontology actually scientific, or was Souviron merely lucky that, by all accounts, they had the right guy?

The series also highlights Adam Freeman, former President of the American Board of Forensic Odontology (ABFO). Freeman says that, during his time as President, they conducted a study of Forensic Odontologists’ expert abilities on whether provided samples were human bite marks, not human bite marks, or suggestive of human bite marks. There was wild differentiation of opinion. As a result of the study, Dr. Freeman says he would no longer do bite marks for Prosection.

Dr. Souviron defends his work on the Bundy case, and it’s no great mystery why. It was considered a pioneering moment for the field, plus he helped put away one of the world’s most infamous serial killers. However, even he says he hopes people don’t use Forensic Odontology alone.

We’re also shown a clip of Dr. Michael West drawing a blank on remembering old cases. He even says, “You’ve seen one dead girl with bites on ’em, you’ve seen ’em all.” On top of that, when asked if he can’t remember due to any medication, he jokes that Miller High Life makes him forget the cases. Later he’s shown sitting in a bar saying he has no respect for Peter Neufeld.

Noxubee Country, Mississippi

Sadly, Levon Brooks died in 2018, and neither he nor Kennedy Brewer received the sort of money that Keith Harward got. For another update, we see that DA Forrest Allgood was voted out in 2015, replaced by Scott Colom, who pledged to create a new unit to investigate wrongful convictions.

It’s also claimed by The Innocence Project that at least 6 people ere wrongfully convicted by Dr. West’s testimony. However, even Souviron’s record isn’t spotless. Gary Cifizzari was cleared of his murder charge at age 62, and he was a Souviron case. Nearly half of all Innocence Project cases involve flawed forensic science.

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What are your thoughts on The Innocence Files and these cases? Let us know in the comments!

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