bogus – Radio Free https://www.radiofree.org Independent Media for People, Not Profits. Fri, 01 Aug 2025 20:03:07 +0000 en-US hourly 1 https://www.radiofree.org/wp-content/uploads/2019/12/cropped-Radio-Free-Social-Icon-2-32x32.png bogus – Radio Free https://www.radiofree.org 32 32 141331581 In a Biden-era retread, media push bogus narrative that Trump is helpless to stop Gaza genocide https://www.radiofree.org/2025/08/01/in-a-biden-era-retread-media-push-bogus-narrative-that-trump-is-helpless-to-stop-gaza-genocide/ https://www.radiofree.org/2025/08/01/in-a-biden-era-retread-media-push-bogus-narrative-that-trump-is-helpless-to-stop-gaza-genocide/#respond Fri, 01 Aug 2025 20:03:07 +0000 https://therealnews.com/?p=335926 The politics of feigned helplessness are bipartisan and essential to maintaining American Innocence.]]>

Once again, US media is helping take pressure off of the White House by parroting US officials and pro-Israel talking heads insisting that the president is more or less helpless to stop anything Israel is doing in the Middle East, up to and including their ongoing mass starvation campaign and genocide in Gaza. 

“‘He’s a madman’: Trump’s team frets about Netanyahu after Syria strikes,” Axios’s Barak Ravid breathlessly reported on July 20. “Trump was agitated all around…in a call with Bibi,” alleged Sohrab Ahmari, citing “sources in and near the administration.” 

“Trump’s frustration with the devastation in Gaza is real,” Semafor insists. “After angry call from Trump, PM says Israel deeply regrets mistaken shelling of Gaza church,” The Times of Israel claimed on July 18. “Washington Struggles to Rein In an Emboldened Israel: Trump administration has expressed frustration with Israeli actions in recent days,” The Wall Street Journal reported on July 26. 

If this particular genre of reportage looks familiar it’s because it’s a pared-down version of a PR campaign pushed out by former President Biden, his aides, and pro-Israel media allies. I wrote about the trope—Fuming/Helpless Biden—in both TRNN, and, in greater detail, for the Nation the following year. Now that it’s spanned party and administration we can simply call it Fuming/Helpless President. Put simply: it’s any report, analysis, or opinion that describes the president as unable to do anything to stop Israel from committing war crimes or end the genocide overall or, relatedly, any reporting that gives readers the impression that not only is the president helpless, but is very upset/angry/sad at not being able to change Israel’s behavior. It’s an essential media convention because it allows the president to continue all material support to Israel—the endless flow of bombs, military and intelligence support, vetoes at the United Nations—while distancing themselves from the deep unpopularity of Israel’s campaign of indiscriminate bombing and mass starvation

The primary conduit for Fuming/Helpless President nonstories is Axios’s Ravid, who, as I noted in the Nation last year, had written 25 different examples of this genre up to that point for then-President Biden, quoting either US officials directly or a string of anonymous “US officials”—often as alleged scoops—claiming that Biden and White House officials were some variation of “breaking with Netanyahu,” “increasingly frustrated,” “running out of patience,” or “deeply concerned” about civilian casualties. Ravid, a former member of Unit 8200, Israel’s “secretive cyber warfare unit,” was awarded for his endless Fuming/Deeply Concerned reports with the White House Correspondents’ Association’s award for journalistic excellence in April 2024. 

Ravid has emerged again as the most aggressive practitioner of the Fuming/Helpless President routine for the new Trump administration. In just the last two weeks, he has published:

What Ravid did for Biden he is now doing for Trump, permitting the White House to distance itself from the more extreme and unpopular of Israel’s policies while maintaining the status quo of unfettered material support. Obviously, demand for this genre of low-effort propaganda is far less than it was under Biden, especially when 71 percent of Republicans continue to support Israel’s genocide. But there is a nontrivial faction of MAGA media world—from Tucker Carlson to Theo Von to Dave Smith—that have pushed back on the president’s lockstep support. They have done so for many reasons—principled libertarianism, humanitarian instincts, or, in Tucker’s case, genuine white nationalism—but there’s a modest revolt in the ranks nonetheless, and one that increasingly needs to be damped down by the Trump-aligned Right. 

No doubt feeling the heat from this contingent, and recognizing that being associated with countless images of emaciated and maimed children is not good for the brand in general, the White House and zionist groups in their orbit have dusted off the Biden-era playbook of Helpless/Frustrated President and seek to use it to distance Trump from the horrors emanating from Gaza just as the Biden White House did with great success. It’s easy, low effort, panders to antisemitic tropes of our otherwise benevolent leaders being manipulated by a foreign other, and provides what any head of a criminal enterprise seeks: plausible deniability. 

… it allows the president to continue all material support to Israel—the endless flow of bombs, military and intelligence support, vetoes at the United Nations—while distancing themselves from the deep unpopularity of Israel’s campaign of indiscriminate bombing and mass starvation

Trump’s passing acknowledgement Monday that there’s mass starvation in Gaza was widely reported as a “break from Netanyahu” despite it being pure rhetoric. “What reporting in Gaza shows amid Trump’s break from Netanyahu on starvation,” NPR tells its listeners. “Trump, breaking with Netanyahu, acknowledges ‘real starvation’ in Gaza,” Politico insists. “Trump raises pressure on Netanyahu, Israel,” the Hill reports

This narrative, born entirely from off-the-cuff comments by Trump, was quickly rejected by US Ambassador to Israel Mike Huckabee who, it’s worth noting, is playing to a different audience. Huckabee went on Fox News’s “America’s Newsroom” Tuesday, and when asked about the supposed “break” with Netanyahu said, “Let me assure you that there is no break between the prime minister of Israel and the president. Their relationship I think to be stronger than it’s ever been. And I think the relationship between the US and Israel is as strong as it has ever been.”

So why did so many mainstream outlets rush to distance Trump from the horrific images of starving children coming out of Gaza of starving children? Because preservation of American Innocence is an ideological force greater than common sense and “mounting tensions” between US Presidents and Netanyahu is a genre of reportage requiring little evidence and even less effort. 

Another recent masterclass in Fuming/Helpless President stenography is a front page story in the Wall Street Journal, “Washington Struggles to Rein In an Emboldened Israel: Trump administration has expressed frustration with Israeli actions in recent days,” by Shayndi Raice and Alexander Ward. The article is littered with every cliche of the genre: Fuming Behind Closed Doors (“The Trump administration in recent days has expressed frustration with Israeli actions in Syria and Gaza”), Trump Forced to Do Israel’s Bidding Against His Will (“So far, they see Netanyahu leading Trump to act against his instincts”), and Out of the Loop (“The White House said this past week that Trump was “caught off guard” by the bombing in Syria and the strike that hit the Catholic church.”)

The piece even doubles as a means for ex-Biden officials Amos Hochstein and Phil Gordon to wash their hands of Gaza and insist they, too, were powerless, helping Trump officials and allies paint a picture of a White House getting run over by an increasingly powerful and willful ally. Kamala Harris foreign policy adviser Phil Gordon, who, on the eve of the 2024 Democratic National Convention in Chicago, explicitly promised to never condition aid to Israel, wants WSJ readers to know that Trump is unable to do anything to “rein in” Israel for the same reason Biden was:  

Others say the reality of the relationship is far more complex. While the U.S. sells Israel advanced weapons and actively defends it against attacks, no American president would fully cut off the support to send Israel a message. Netanyahu knows this and operates knowing he can’t really lose U.S. backing for whatever it does. “Every president thinks they have some ability to constrain him and shape him, and they do,” said Philip Gordon, who in the previous administration was national-security adviser to Vice President Kamala Harris. “But in the end, Netanyahu is an experienced, wily actor, and knows he can get away with a lot.”…

But this, of course, is simply argument by tautology: “No American president would fully cut off the support to send Israel a message” is a moral choice Biden and Trump decided to make, not a law of nature. It’s not imposed upon them by any outside force. They are not “forced” to back Israel anymore than any war criminal is forced to carry out any war crime in the history of war crimes. They support Israel because, despite some bickering around the margins over tactics and PR, they agree with and support what Israel is doing. This basic fact is simply hand-waved away, lampshaded with a throwaway line by friendly reporters about how the US cannot ever possibly condition aid to Israel without any explanation, treated as an unquestioned axiom. 

But it’s not. Both Trump and Biden are and were more than capable of “reining in” Israel. They can do so by conditioning military support or cutting it off altogether. But clearly laying out how those conditions would work is awkward and associates the US government, and leadership in both parties, with the 21st century’s most horrific and well documented genocide. A much easier approach, consistent with the increasingly popular Politics of Feigned Helplessness, is to manage perception and use court reporters to wash one’s hands of the consequences of their policies and actions. Actually cutting off Israel is difficult and would require a president who opposes what they’re doing. It’s far easier to paint the most powerful empire in the history of the world as bumbling, out of the loop, getting “played” by a country the size of New Jersey, and ultimately frame the US as a spectator that funds and arms countless war crimes but, somehow, is not responsible for any of them.  


This content originally appeared on The Real News Network and was authored by Adam Johnson.

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Sanders Statement on Paramount’s Decision to Settle Trump’s Bogus Lawsuit Against 60 Minutes https://www.radiofree.org/2025/07/02/sanders-statement-on-paramounts-decision-to-settle-trumps-bogus-lawsuit-against-60-minutes/ https://www.radiofree.org/2025/07/02/sanders-statement-on-paramounts-decision-to-settle-trumps-bogus-lawsuit-against-60-minutes/#respond Wed, 02 Jul 2025 18:32:29 +0000 https://www.commondreams.org/newswire/sanders-statement-on-paramounts-decision-to-settle-trumps-bogus-lawsuit-against-60-minutes Sen. Bernie Sanders (I-Vt.) today released a statement on Paramount’s decision to settle Trump’s bogus lawsuit against the program 60 Minutes.

The decision by the Redstone family, the major owners of Paramount, to settle a bogus lawsuit with President Trump over a 60 Minutes report he did not like is an extremely dangerous precedent in terms of both the First Amendment and government extortion.

Paramount’s decision will only embolden Trump to continue attacking, suing and intimidating the media which he has labeled “the enemy of the people.” It is a dark day for independent journalism and freedom of the press — an essential part of our democracy. It is a victory for a president who is attempting to stifle dissent and undermine American democracy.

It’s pretty obvious why Paramount chose to surrender to Trump. The Redstone family is in line to receive $2.4 billion from the sale of Paramount to Skydance, but they can only receive this money if the Trump administration approves this deal. In other words, the Redstone family diminished the freedom of the press today in exchange for a $2.4 billion payday.

Make no mistake about it. Trump is undermining our democracy and rapidly moving us towards authoritarianism and the billionaires who care more about their stock portfolios than our democracy are helping him do it.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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12 Cops swarm unarmed man picking trash then arrest him on bogus charge #policeaccountabilityreport https://www.radiofree.org/2024/02/09/12-cops-swarm-unarmed-man-picking-trash-then-arrest-him-on-bogus-charge-policeaccountabilityreport/ https://www.radiofree.org/2024/02/09/12-cops-swarm-unarmed-man-picking-trash-then-arrest-him-on-bogus-charge-policeaccountabilityreport/#respond Fri, 09 Feb 2024 21:31:46 +0000 http://www.radiofree.org/?guid=ec0ca31c8427767a75b18f6c2ddaf6d9
This content originally appeared on The Real News Network and was authored by The Real News Network.

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A Greek court has acquitted 16 aid workers of bogus charges related to migrant rescues https://www.radiofree.org/2024/02/01/a-greek-court-has-acquitted-16-aid-workers-of-bogus-charges-related-to-migrant-rescues/ https://www.radiofree.org/2024/02/01/a-greek-court-has-acquitted-16-aid-workers-of-bogus-charges-related-to-migrant-rescues/#respond Thu, 01 Feb 2024 12:30:32 +0000 http://www.radiofree.org/?guid=8eefed40ddb3880723ce255ba7819c6a
This content originally appeared on Human Rights Watch and was authored by Human Rights Watch.

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Alleged Iran Role in Israel Attack Echoes Bogus Iraq WMD Claims https://www.radiofree.org/2023/10/12/alleged-iran-role-in-israel-attack-echoes-bogus-iraq-wmd-claims/ https://www.radiofree.org/2023/10/12/alleged-iran-role-in-israel-attack-echoes-bogus-iraq-wmd-claims/#respond Thu, 12 Oct 2023 23:24:29 +0000 https://theintercept.com/?p=447489

One word was conspicuously absent from President Joe Biden’s speech on Tuesday about Hamas’s unprecedented attack on Israel: Iran.

On Sunday, an explosive Wall Street Journal article accused Iran of having helped Hamas plot the deadliest attack on Israel in 50 years, a claim that seemed engineered to draw the U.S. into war with Iran. But the Biden administration and the Israel Defense Forces, as well as current and former U.S. national security officials interviewed by The Intercept, say there’s no evidence of direct Iranian involvement.

“We have no evidence or proof” of Iranian direction, Maj. Nir Dinar, IDF spokesperson, told Politico on Monday — an assertion echoed by Biden’s national adviser, Jake Sullivan, on Tuesday. Though the Biden administration can be said to have a political stake in avoiding conflict with Iran ahead of an election year, two senior Pentagon officials also told The Intercept that efforts to determine Iranian direction are intensive and ongoing but that no proof has emerged.

“I don’t understand why the Wall Street Journal’s nondescript ‘Hamas and Hezbollah’ sources are more trustworthy than the U.S. government’s sources, who receive extraordinary scrutiny,” J.D. Maddox, a former CIA branch chief, told The Intercept.

The New York Times reported on Wednesday that the Hamas attack surprised Iranian leadership — a claim echoed later that day in a report by the Wall Street Journal, contradicting its own previous reporting.

Monitoring leadership for communications evincing foreknowledge after a major attack is a common practice for intelligence services. Such communications are valuable indicators of whether parties knew of an operation beforehand.

Despite the growing evidence to the contrary, Iran hawks like John Bolton have seized on the narrative that Iran directed Hamas’s attack, advancing theclaim in a CNN interview on Thursday.

“Bolton has no access to intelligence besides the newspaper,” former Obama administration National Security Council spokesperson Tommy Vietor fumed on X. “Zero lessons learned from the Iraq war propaganda disaster.”

Several other former national security officials also drew parallels between claims of Iranian direction of Hamas’s attack and the Iraq weapons of mass destruction fiasco.

“Same suspects, different war,” retired Col. Larry Wilkerson, former chief of staff to Colin Powell, told The Intercept. “I can’t imagine Iran would jeopardize the talks with the U.S. Perhaps interpose no objections and continue arms supplies, but no promotion of the attack.”

Iran is a longtime sponsor of Hamas, and there’s no question that the country provides critical logistical support to the militant group. But whether they directed the attack is another matter.

“My sense is that nuance on this issue is critical,” Marc Polymeropoulos, a former senior CIA officer who worked in the region, said on X. “The difference between ‘directing’ the attack and giving the actual green light (as stated here) vs ‘coordinating’ may be [the] difference between war with Iran or not.”

It’s possible that evidence of Iranian sponsorship exists and simply hasn’t emerged yet, but that reasoning echoes the Iraq WMD imbroglio. “If the Israeli government had any evidence at all of direct Iranian involvement in the Hamas attack, it is very likely that Israel would let the world know about that,” Paul Pillar, a former chief analyst at the CIA’s counterterrorism center, told The Intercept.

According to Pillar, Hamas had plenty of incentive to conduct the operation on its own, including acquiring hostages as bargaining chips to free Palestinian prisoners and also to torpedo the Saudi–Israel normalization deal being pursued by the Biden administration.

“Even extensive relations involving material support do not imply any operational direction or instigation,” Pillar said. “A similar situation is Iran’s relationship with the Houthis in Yemen, who have benefitted from Iranian material support but seized the Yemeni capital of Sana against the advice of Iran.”

Iran has issued fiery statements celebrating the attack, feeding into the theory that they directed it. But experts say it’s more complicated.

“Iran’s praise for Hamas’s attack sounds a lot like Saudi’s praise for the attack,” Maddox, the former CIA branch chief, said. “Israel is surrounded by detractors. It would be wise to withhold judgment until there’s clear evidence of direct support.”

Join The Conversation


This content originally appeared on The Intercept and was authored by Ken Klippenstein.

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Bogus “Edutainment” May be Coming to a Classroom Near You https://www.radiofree.org/2023/09/15/bogus-edutainment-may-be-coming-to-a-classroom-near-you/ https://www.radiofree.org/2023/09/15/bogus-edutainment-may-be-coming-to-a-classroom-near-you/#respond Fri, 15 Sep 2023 05:50:31 +0000 https://www.counterpunch.org/?p=294326

Photograph Source: Jeanne Menjoulet – CC BY 2.0

If you’re a parent or student in America this fall, watch out: “edutainment” could be coming to your school.

What’s “edutainment”?

It’s what PragerU, a business that is not a university at all but a media shop run by right-wing talk-show host Dennis Prager, calls its videos and curriculum materials for school-age kids. In Florida and Oklahoma, PragerU materials are now approved for public school curricula, and Texas could be next.

It’s no exaggeration that these products are propaganda of the most aggressive kind.

Glance at the catalog and you’ll see videos scorning climate “alarmism” while offering other titles like “How to Embrace Your Masculinity” for boys and “How to Embrace Your Femininity” for girls. (“Try smiling,” the narrator urges, because “one of the most beautiful things God has created is a woman’s smile.”)

But the real gems are the depictions of historical figures like Christopher Columbus and the abolitionist Frederick Douglass rationalizing and defending slavery.

In one video, Douglass is portrayed as downplaying slavery by calling it a “compromise” that benefited the early United States. In another piece, a cartoon Christopher Columbus shrugs off the enslavement of Indigenous Americans, declaring: “Slavery is as old as time, and has taken place in every corner of the world, even amongst the people I just left… I don’t see the problem.”

And PragerU is not alone. Earlier this month a Pennsylvania public school district adopted Hillsdale College’s “1776 Curriculum.”

The 1776 Curriculum was invented in a spasm of backlash against the New York Times’s 1619 Project, which looked at how racism and the movement against it had shaped our country. The 1776 version, by contrast, downplays the history of slavery in the United States and omits key facts about slave-holding Founding Fathers. For good measure, it also suggests they had some very “logical” reasons for denying women the vote.

All this comes as book banning and censorship in schools, led by far-right groups like Moms for Liberty, are experiencing a meteoric rise.

If these whitewashing and propagandizing efforts are affronts to core principles of education, PragerU doesn’t really care. Dennis Prager freely admits that his goal is “indoctrination.” But the rest of us need to care, because the victims here are our kids.

Students who are taught a subpar, silly, and inaccurate curriculum are at a serious disadvantage in life. Their futures are being compromised.

Students’ personal growth is stunted when they’re force-fed false ideas. And they’re unlikely to succeed or even win admission at selective universities. Admissions officers know an “A+” in history means nothing if the student believes the firebrand Frederick Douglass had a relaxed attitude toward slavery.

It’s up to those of us who see the problem to fix it.

The organization I lead, People For the American Way, recently founded a “Grandparents for Truth” campaign to mobilize family members of all generations to fight book bans, censorship, and propaganda in schools.

This means speaking up at school board meetings, voting in school board elections, and running for school board as well. It means paying attention to what’s happening in classrooms and libraries and communicating with school administrators — whatever it takes to be an advocate for kids.

The good news is the levers of power in this fight are local and accessible. We’re not talking about influencing a presidential campaign. Critical decisions about our kids’ education are being made right down the street. We can reach those decision makers. We can become those decision makers.

As a dad, I don’t want to trust kids’ futures to the agendas of censors or “edutainment.” It’s time to stop these trends in their tracks.


This content originally appeared on CounterPunch.org and was authored by Svante Myrick .

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Stopping bogus legal action against reporters requires new laws, say experts https://www.radiofree.org/2023/09/11/stopping-bogus-legal-action-against-reporters-requires-new-laws-say-experts/ https://www.radiofree.org/2023/09/11/stopping-bogus-legal-action-against-reporters-requires-new-laws-say-experts/#respond Mon, 11 Sep 2023 15:18:59 +0000 https://www.opendemocracy.net/en/slapps-new-task-force-lawsuits-protect-journalists-government-lucy-frazer-prigozhin-higgins/
This content originally appeared on openDemocracy RSS and was authored by Anita Mureithi.

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NextGen Announces Pre-Purchase Of Bogus Carbon Capture Offsets https://www.radiofree.org/2023/04/26/nextgen-announces-pre-purchase-of-bogus-carbon-capture-offsets/ https://www.radiofree.org/2023/04/26/nextgen-announces-pre-purchase-of-bogus-carbon-capture-offsets/#respond Wed, 26 Apr 2023 14:55:46 +0000 https://www.commondreams.org/newswire/nextgen-announces-pre-purchase-of-bogus-carbon-capture-offsets

Statton's molar pregnancy was among 15% of cases which become cancerous, putting her at risk for more hemorrhaging, kidney and liver failure, stroke—and potentially death.

Over the course of a week, though, Statton and her husband were told by doctors at three different hospitals that she could not get the treatment recognized by doctors as the standard of care for molar pregnancies: a dilation and curettage or D&C, which is a surgical abortion procedure that clears pregnancy tissue from the uterus.

"The criminalization and penalization of abortion care—even with an exception for medical necessity—is fundamentally inconsistent with evidence-based, ethical, and patient-centered healthcare."

At the last hospital she went to before deciding to get care three hours away at an abortion clinic in Kansas, Statton was told to wait in the parking lot until her symptoms became worse than the heavy bleeding and illness she had already experienced.

"They were very sincere; they weren't trying to be mean," Statton told NPR. "They said, 'The best we can tell you to do is sit in the parking lot, and if anything else happens, we will be ready to help you. But we cannot touch you unless you are crashing in front of us or your blood pressure goes so high that you are fixing to have a heart attack.'"

Statton's experience illustrates "what 'pro-life' laws look like on the ground," said MSNBC news anchor Chris Hayes.

Doctors were reluctant to treat Statton due to three separate anti-abortion laws that are in effect in Oklahoma: The Oklahoma Heartbeat Act, which prohibits physicians from 'knowingly' providing an abortion after 'detect[ing] a fetal heartbeat' and allows any individual to bring a civil action against anyone who provides care or helps someone obtain it, and which contains an exception for "medical emergencies" and to "save the life" of the pregnant person; H.B. 4327, which applies to pregnancies from the moment of fertilization; and a ban dating back to 1910, which went into effect on June 24, 2022 as soon as Roe v. Wade was overturned and prohibits abortion at any point in pregnancy.

Statton's case was reported by NPR as Physicians for Human Rights (PHR), the Center for Reproductive Rights, and Oklahoma Call for Reproductive Justice published research showing that hospitals across Oklahoma are hesitant to provide abortion care for people facing a medical emergency, even though the state's abortion ban contains an exception for such cases.

The groups had several women call 37 hospitals across the state, saying they were pregnant and wanted to know the hospitals' policies for providing abortion care in the case of complications or a medical emergency.

At one hospital, a staff member consulted with a doctor before telling the caller, "Nowhere in the state of Oklahoma can you get an abortion for any reason," despite the exceptions.

Three hospitals said they would "just never provide abortions," Dr. Michele Heisler, a professor at the University of Michigan and medical director of PHR, toldNPR. Four facilities said they had an approval process in place to provide an abortion that was deemed "medically necessary," and 14 hospitals "provided unclear and/or incomplete answers about whether doctors require approval to perform a medically necessary abortion."

"One representative, for example, claimed that doctors at that hospital are not allowed to perform certain procedures for 'ethical reasons,' but would not clarify what those procedures or ethical concerns are," the report reads.

Heisler told NPR that "one of the most frightening statements, which was at one of the hospitals, the person was trying to be reassuring and she said, 'Oh, well, you know, in the case of a medical emergency, we would try to use the woman's body as an incubator to just try to keep the pregnancy going as long as possible.'"

The survey results "reflect how Oklahoma's abortion bans threaten the health and well-being of pregnant people and violate their human rights," said PHR. "These violations include individuals' rights to life, health, equality, information, freedom from torture and ill-treatment, and to exercise reproductive autonomy."

"These findings," the group added, "further affirm what has been recognized by the World Health Organization: that the criminalization and penalization of abortion care—even with an exception for medical necessity—is fundamentally inconsistent with evidence-based, ethical, and patient-centered healthcare."

Along with Statton, women in Texas, Louisiana, and Florida have shared their stories in recent months about how abortion ban "exceptions" have placed their lives in peril as doctors and hospital legal teams assessed whether they were facing a grave enough medical emergency to warrant providing care.


This content originally appeared on Common Dreams and was authored by Newswire Editor.

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Bogus Copyright Complaints Throttle Investigative Journalism https://www.radiofree.org/2023/03/27/bogus-copyright-complaints-throttle-investigative-journalism/ https://www.radiofree.org/2023/03/27/bogus-copyright-complaints-throttle-investigative-journalism/#respond Mon, 27 Mar 2023 21:31:36 +0000 https://www.projectcensored.org/?p=28094 Enemies of press and speech freedoms have concocted a new method for fighting truth though exploitation of US copyright law. According to an original report by the Organized Crime and…

The post Bogus Copyright Complaints Throttle Investigative Journalism appeared first on Project Censored.

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Enemies of press and speech freedoms have concocted a new method for fighting truth though exploitation of US copyright law. According to an original report by the Organized Crime and Corruption Reporting Project (OCCRP), and substantiated by the BBC, at least five articles critical of powerful oil lobbyists have been subject to takedown following “bogus” copyright claims.

Anonymous individuals have created fake copies of the articles they seek to censor, with publication dates preexisting those of the original articles. These individuals then issue a copyright infringement claim under the U.S. Digital Millennium Copyright Act (DMCA) to the servers that host the original articles. Under US law, “any online author saying that their content has been stolen can seek to have what they claim is the infringing material ‘taken down’ by triggering a formal legal process through web servers who host the material.” The process differs depending on the server, but the bogus complaints can keep content blocked for weeks while the original author proves their credentials.

As the OCCRP and the BBC reported, the digital news website Diario Rombe has been subject to such complaints for five articles it co-published with the OCCRP. Based in Spain, Diario Rombe is an investigative news outlet focused on Equatorial Guinea. The articles in question cover Gabriel Mbaga Obiang Lima, who is Equatorial Guinea’s new minister of planning and economic development and the son of the nation’s president, and the attorney NJ Ayuk. As the OCCRP reported, in 2019 South Africa’s Mail & Guardian was attacked using the DMCA for reporting that Ayuk had been previously convicted of fraud in the US and investigated for money laundering in Ghana. In that case, the Mail & Guardian website was taken down in what the respected newspaper called a “censorship attack.”

In 2022 Climate Home News published an article about Ayuk’s new partnership with two UN agencies, referring to Ayuk as a “convicted fraudster lobbying for African gas.” In a genuine show of the power of investigative journalism, the UN cancelled these initiatives following the article’s publication. Two weeks later, however, Climate Home’s editor, Megan Darby, was forced to remove the article for several weeks while she addressed the false claims. “These bogus allegations look like a devious tactic to suppress independent journalism,” Darby stated.

Weaknesses in the enforcement of DMCA takedowns have been a subject of discussion in various commercial fields including cryptocurrency, YouTube, and Google. However, reports of the attacks on journalism are not garnering the same outrage.

An article published by Glyn Moody of Tech Dirt reported on a 2022 research project by Lumen which found “nearly 34,000 takedown notices that ‘appear to be attempts to misuse the DMCA notice-and-takedown process.’” These claims targeted online articles, and largely employed the same fake backdating technique used against the Mail & Guadian and Climate Home News.

A separate report by Peter Guest of Rest of World discussed an entire sector of business known as “reputation management”—or, tellingly, “reputation laundering”—that regularly utilizes copyright complaints to protect clients’ reputations. These businesses use a flurry of false complaints to target information that reflects poorly on their powerful public-facing clients. Guest reported, “The industry has thrived, in part thanks to the effectiveness, ease, and low cost of making complaints using the DMCA. Hosting providers often lack the capacity or interest to investigate every complaint, and, under the law they can be held liable for contributing to the infringement of copyright, if it’s later proven, which can be very costly. Often, they simply comply with these requests.”

The threats posed by these phony copyright complaints are largely being raised and fought by independent investigative journalists. Without the legal capital to fight back on a large scale, disseminators of invaluable information are being stripped of their only means to expose and oppose corruption, their speech. Until copyright law is amended to acknowledge and protect legitimate authors, censorship at the hands the powerful will continue to prevail in the fight for narrative.

Sources:        

“Fake Copyright Complaints Seek to Remove Reports on Minister and Lawyer,” Organized Crime and Corruption Reporting Project, March 1, 2023.

BBC Trending, “How Fake Copyright Complaints Are Muzzling Journalists,” BBC News, March 2, 2023.

Student Researcher: Zach McNanna (North Central College)

Faculty Evaluator: Steve Macek (North Central College)

The post Bogus Copyright Complaints Throttle Investigative Journalism appeared first on Project Censored.


This content originally appeared on Project Censored and was authored by Vins.

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PNG contractors plead for government to pay up after 12-year wait https://www.radiofree.org/2023/03/23/png-contractors-plead-for-government-to-pay-up-after-12-year-wait/ https://www.radiofree.org/2023/03/23/png-contractors-plead-for-government-to-pay-up-after-12-year-wait/#respond Thu, 23 Mar 2023 06:49:33 +0000 https://asiapacificreport.nz/?p=86319 By Todagia Kelola in Port Moresby

A number of small contractors in Papua New Guinea are still waiting for positive feedback for money owed to them by government agencies after 12 years.

A 2015 Post-Courier front page picture showed a man, David Goli, who chained himself at the then headquarters of the Education Department at Fincorp Haus to protest over not being paid for the programme work.

He is still waiting today.

The contractors, who are mostly small businessmen and women who were engaged by the Education Department, NCD Education and the Library and Archives, to carry out work under a pilot project worth K500 million (about NZ$224 million).

The contractors were engaged under the RESI (rehabilitation of education sector infrastructure) programme, NCD Education RESI and the Library and Archives development programme.

They provided the service and also used their own funds to carry out the work with the promise of being paid but to date they are still waiting.

These RESI programme, NCD Education RESI and the Library and Archives development programme, according to the current representatives of the contractors, was during the term of the government of the late Sir Michael Somare and Sir Puka Temu in 2007.

Balance awaited
Three separate payments were made in 2009, 2011 and 2013, but up until now, some 12 years later, they are still waiting for the balance of their payment.

The leaders of the group, chairman Joe Kelta Kombie, deputy chairman Paulus Wembri and James Pijape came in person to the Post-Courier office at Konedobu expressing their concern on the delayed payment.

They said the issue of this payment had gone through various stages, including the Education Department’s refusal to pay because of bogus claims.

That resulted in a number of audits to determine genuine contractors which were done by three separate agencies but yet the payments were not forthcoming despite numerous representations to the department.

They also claimed that current Prime Minister James Marape was fully aware of this programme and the plight of the contractors because at that time he was Education Minister before being moved to another ministry.

“The Prime Minister knew our problem at that time. He was the one who took our matter to NEC [National Executive Council] where K96 million [NZ$43 million] was made available in 2015, but the department did not pay,” the three representatives said.

“Recently there was an NEC decision made in November 2022 to allocate some monies for this payments, but as contractors and people owed, we don’t know how much NEC has approved.

Confidential details
“The submission made to NEC for this outstanding payment has been kept confidential for reasons known only to the department. We don’t know the list of contractors, the amount that is going to be available and we are suspicious that we may not be paid at all again.”

They are now calling on the Prime Minister, Education Minister and the Secretary to come out and tell them if they will ever be paid.

“We totally agree and support this governments policy on SMEs.

We were once on that path but after spending on these three programmes and hoping to be paid, we are now left with nothing. Please listen to our plight and pay us what is owed to us,” the men said.

Todagia Kelola is a PNG Post-Courier reporter. Republished with permission.


This content originally appeared on Asia Pacific Report and was authored by APR editor.

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Cops keep pulling him over for bogus tickets, now he’s fighting back with a cellphone | PAR https://www.radiofree.org/2023/01/18/cops-keep-pulling-him-over-for-bogus-tickets-now-hes-fighting-back-with-a-cellphone-par/ https://www.radiofree.org/2023/01/18/cops-keep-pulling-him-over-for-bogus-tickets-now-hes-fighting-back-with-a-cellphone-par/#respond Wed, 18 Jan 2023 23:14:43 +0000 http://www.radiofree.org/?guid=c038fd584bc54cd6b2e99df6f48e1252
This content originally appeared on The Real News Network and was authored by The Real News Network.

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Government prepared to block modern slavery survivors to prevent ‘bogus’ claims https://www.radiofree.org/2022/10/05/government-prepared-to-block-modern-slavery-survivors-to-prevent-bogus-claims/ https://www.radiofree.org/2022/10/05/government-prepared-to-block-modern-slavery-survivors-to-prevent-bogus-claims/#respond Wed, 05 Oct 2022 06:01:06 +0000 https://www.opendemocracy.net/en/beyond-trafficking-and-slavery/government-prepared-to-block-modern-slavery-survivors-to-prevent-bogus-claims/ Once considered a crowning achievement for the Conservative party, the UK’s anti-slavery legislation has become a target for anti-immigration ministers


This content originally appeared on openDemocracy RSS and was authored by Frey Lindsay.

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Why Our Electricity Prices Can’t Be Left to Bogus ‘Free Markets’ https://www.radiofree.org/2022/09/19/why-our-electricity-prices-cant-be-left-to-bogus-free-markets/ https://www.radiofree.org/2022/09/19/why-our-electricity-prices-cant-be-left-to-bogus-free-markets/#respond Mon, 19 Sep 2022 05:52:24 +0000 https://www.counterpunch.org/?p=255305 The price of electricity has risen astronomically in Europe over the last two years: by four times over the previous year and 10 times over the last two years. The European Union (EU) has claimed that this rise in prices is due to the increase in the price of gas in the international market and More

The post Why Our Electricity Prices Can’t Be Left to Bogus ‘Free Markets’ appeared first on CounterPunch.org.


This content originally appeared on CounterPunch.org and was authored by Prabir Purkayastha.

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"Bogus Charge": FBI Raids African People’s Socialist Party; Group Dismisses Russian Influence Claims https://www.radiofree.org/2022/08/10/bogus-charge-fbi-raids-african-peoples-socialist-party-group-dismisses-russian-influence-claims/ https://www.radiofree.org/2022/08/10/bogus-charge-fbi-raids-african-peoples-socialist-party-group-dismisses-russian-influence-claims/#respond Wed, 10 Aug 2022 14:16:28 +0000 http://www.radiofree.org/?guid=e85fce0d597cf71880cd75b300a7e9ad
This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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“Bogus Charge”: FBI Raids African People’s Socialist Party; Group Dismisses Russian Influence Claims https://www.radiofree.org/2022/08/10/bogus-charge-fbi-raids-african-peoples-socialist-party-group-dismisses-russian-influence-claims-2/ https://www.radiofree.org/2022/08/10/bogus-charge-fbi-raids-african-peoples-socialist-party-group-dismisses-russian-influence-claims-2/#respond Wed, 10 Aug 2022 12:28:59 +0000 http://www.radiofree.org/?guid=c365c4065622be70a044904ef4820f95 Seg2 omali fbi raid 3

Leaders of the African People’s Socialist Party say the FBI carried out a violent raid on its properties with flash grenades and drones early Friday morning in Missouri and Florida. The pan-Africanist group has been a longtime advocate for reparations for slavery and a vocal critic of U.S. foreign policy. The raid appears to be connected to a separate indictment of a Russian man accused of using U.S.-based groups to spread Russian propaganda and tampering with U.S. elections. We speak with Omali Yeshitela, chair of the African People’s Socialist Party, who describes how he was zip-tied while his home was raided. He says the FBI’s implication that their group was taking orders from the Russians is “the most ridiculous, asinine” narrative. “It’s an attack on the right of Black people,” says Yeshitela. “It’s an attack on our struggle for the absolute total liberation of every square inch of Africa.”


This content originally appeared on Democracy Now! and was authored by Democracy Now!.

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The Corporate Narrative on Inflation Is Bogus https://www.radiofree.org/2022/07/27/the-corporate-narrative-on-inflation-is-bogus/ https://www.radiofree.org/2022/07/27/the-corporate-narrative-on-inflation-is-bogus/#respond Wed, 27 Jul 2022 14:01:02 +0000 https://www.commondreams.org/node/338591
This content originally appeared on Common Dreams - Breaking News & Views for the Progressive Community and was authored by Chuck Idelson.

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Why the Black Educator Forced Out Over Bogus Critical Race Theory Claims Agreed to Share Her Story https://www.radiofree.org/2022/06/18/why-the-black-educator-forced-out-over-bogus-critical-race-theory-claims-agreed-to-share-her-story/ https://www.radiofree.org/2022/06/18/why-the-black-educator-forced-out-over-bogus-critical-race-theory-claims-agreed-to-share-her-story/#respond Sat, 18 Jun 2022 13:00:00 +0000 https://www.propublica.org/article/cecelia-lewis-educator-cherokee-georgia#1355681 by Nicole Carr

ProPublica is a nonprofit newsroom that investigates abuses of power. Sign up for Dispatches, a newsletter that spotlights wrongdoing around the country, to receive our stories in your inbox every week.

This story was co-published by ProPublica and FRONTLINE as part of an ongoing collaboration.

Cecelia Lewis did not want to share her story.

In fact, she just wanted all of this to go away.

Late last year, I was on the phone with a former colleague, talking about the local coverage of campaigns against critical race theory across metro Atlanta. CRT maintains that racial bias is embedded in America’s laws and institutions and has caused disproportionate harm to people of color; it’s rarely taught in K-12 public school systems but has still become a lightning rod in districts around the country — and a catalyst for conservative political candidates seeking to fire up their base.

He mentioned that a woman had quit her job in the Cherokee County School District before she had started and wondered what had happened to her.

We talked about a lengthy statement she’d written for the Cherokee Tribune & Ledger-News, explaining her decision to resign. The letter was published a week and a half after an ugly scene at a school board meeting during which parents railed against the hiring of Lewis (a Maryland middle school principal), as well as diversity, equity and inclusion initiatives (which Lewis had been brought on to helm) and CRT (a formerly arcane, currently politicized concept that Lewis hadn’t even heard of). I later learned people who had gathered outside the building where the meeting was held were beating on windows. School police and other law enforcement officers escorted board members to their homes, where some received ongoing security.

In that letter, Lewis, who had quit the morning after the meeting, explained the DEI plan she would have implemented in Cherokee and how it would benefit all children. And she mentioned she’d been threatened by people who have no idea who she is and what she stands for.

Seemed like something worth deeper reporting.

A comment posted at the bottom of a Cobb County Courier article caught my eye: A reader, who didn’t reveal their identity, warned that Lewis was heading to Cherokee’s neighboring Cobb County School District.

Sure enough, Lewis’ LinkedIn profile showed that she’d worked in Cobb County for a mere two months following her resignation in Cherokee. She had been overseeing social studies for that district. No one had reported on what happened to her in Cobb.

At the same time, I’d been filing open records requests to the Cobb County School District related to COVID-19. I noticed a cache of emails that showed how the then-school board chairman was receiving guidance from a local attorney about conservatives’ definition of CRT, its supposed dangers to children and how the concept was infiltrating corporations and schools.

The school board — like many others across the country in 2021 — had taken a vote against CRT. The vote was the same month that Lewis started working there.

I wanted to know exactly what happened to Lewis in both districts and how it went down. I also wanted to know who was behind the how.

I started contacting Lewis via LinkedIn in December, shortly after talking to my former colleague and trying to connect the dots between what little I knew about her brief time in Georgia. She didn’t write back. But I had some hope that I’d hear from her because I received alerts that she was at least looking at my LinkedIn profile.

She’s considering it, I thought.

Earlier this year, I found her email address and followed up. Still no answer.

I continued filing records requests in the two school districts and, through emails I received from those requests, learned more about the players behind the campaign to run her out. In both Cobb and Cherokee, people had sent similarly worded complaints to the districts, demanding to get rid of Lewis.

Then I found people who were upset about what happened to Lewis. One of them knew a good bit more about what led up to that ugly school board meeting in Cherokee.

That person had a recording of an organizing meeting days prior in a golf course clubhouse. There was also a private Facebook group filled with hysterical posts about Lewis, including some that announced false Lewis “sightings” around the county.

Two of the presenters at the clubhouse meeting are leaders of groups that encourage the public to anonymously report educators for perceived transgressions relating to curriculums, inappropriate books or lessons, or guest speakers — or to just submit any anonymous tip.

Beyond giving me details about the efforts to oust Lewis, the recording and posts provided insight into local and national conservative networks involved in strategies to overthrow school boards, vilify Parent Teacher Associations and pass state legislation to ban a slew of concepts from curriculums. At the clubhouse meeting, the crowd watched a video from Prager University that outlined how white people are being made out to be racists no matter what they say or do — because, well, CRT. They also listened to a controversial recording of a Manhattan high school principal caught on tape talking about the demonization of white children. The group was being coached on how to speak at school board meetings in a way that could land them an appearance on Fox News.

This all struck me as highly coordinated.

By March, I decided to see if meeting me might change Lewis’ mind about talking. I knew she had moved back to Maryland, so I traveled there to do some old-fashioned door-knocking, meet some folks who knew Lewis and get a direct, handwritten message to her (my ProPublica business cards hadn’t been printed yet!).

While I was sitting in my hotel room, she called.

She still didn’t want to go on the record, but we talked for hours that day and hours the next. I told her why I wanted to tell her story, and she began to piece it together for me. I learned that she hadn’t even initially applied for that DEI position. Cherokee’s district leadership encouraged her to do it after she interviewed for a job as a coach for teachers. But Lewis still would not go on the record, and she wasn’t too interested in meeting me. She had concerns. Safety and privacy concerns.

My ears perked up when, during our initial call, she mentioned an upcoming school board meeting in her own district. I decided to go sit in the back, to get a feel for the area. I heard some of the same anti-CRT lines in Maryland that I’d heard in Georgia. This time it tied back to the district’s hiring of its first Black superintendent.

Again, the language suggested there was coordination. People don’t learn these things on their own. They’re coached in the ways I’d heard in that recording of the Cherokee County clubhouse meeting.

I left Maryland without an interview I could use in my story. But I kept reporting.

I got more emails from the Georgia districts. I spoke to school employees in Cherokee and Cobb counties; they defended Lewis and felt sorry these things happened to her. Most of them said they thought of her often. One, who was disappointed I’d tried to visit Lewis, thinking it was a step too far, was especially protective of her. She didn’t want me to cause her further harm, and I had no interest in doing that.

I also attended a Cherokee County School Board meeting, standing in a long line waiting to get through the metal detectors that had been installed because of the uproar over Lewis and CRT a year earlier. In that line, women were passing around what they called evidence of lewd material in school library books. There was an informal circle of people forming around me. Some knew one another. Some were introducing themselves, knowing they shared a common goal in book banning. One woman declared that a parent leader was a “Marjorie,” as in a follower of controversial Georgia Congresswoman Marjorie Taylor Greene, who is not afraid to say anything, anywhere. Another raised her hand and proudly said, “I’m a Marjorie, too.”

Everyone in my immediate vicinity was passing around material provided by a blond woman: laminated pages of books she felt should be banned from school libraries. Well, almost everyone. No one handed them to me. Nor did anyone hand them to the Black mother standing behind me with her high school daughter.

As I continued reporting in the weeks to come, it became apparent that none of the blowback Cecelia Lewis faced in Georgia was actually about Cecelia Lewis. She happened to land in the wrong job in the wrong state at the wrong time. And yes, based on the details you’ll find in the story I ultimately wrote, the wrong skin color.

(In response to a detailed list of questions covering all aspects of Lewis’ experience in the Cherokee County School District, its chief communications officer responded that “we have no further comments to add.” In response to similar questions to the Cobb County School District and its school board, a spokesperson responded: “Cecelia Lewis was employed by the Cobb County School District during the summer of 2021, voluntarily submitted her letter of resignation in early fall of 2021, and like every Team member, her contributions and work for students was greatly appreciated.”)

In late April, Lewis agreed to take another call from me, this time via Zoom, where we could actually see each other for the first time. By then, we were inching toward the year anniversary of her resignation from Cherokee County. When I told her what I’d learned through records and interviews — and how my colleague, ProPublica research reporter Mollie Simon, found examples of educators across the country who faced similar backlash — she said she’d consult her family, her district and her pastor and pray on making a decision as to whether she’d talk to me on the record.

A few days later, my phone lit up with a call from her. She wanted to share her experience — so that it may help people understand the extraordinary challenges so many educators are facing.

Do You Have a Tip for ProPublica? Help Us Do Journalism.


This content originally appeared on Articles and Investigations - ProPublica and was authored by by Nicole Carr.

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A Bogus Bite Mark Sent Him to Prison for Murder. Alabama Wants to Keep Him There. https://www.radiofree.org/2022/03/12/a-bogus-bite-mark-sent-him-to-prison-for-murder-alabama-wants-to-keep-him-there/ https://www.radiofree.org/2022/03/12/a-bogus-bite-mark-sent-him-to-prison-for-murder-alabama-wants-to-keep-him-there/#respond Sat, 12 Mar 2022 16:10:18 +0000 https://theintercept.com/?p=389325

Thirty-six years after he first refused to plead guilty to killing his wife, 62-year-old Charles McCrory was given the chance to leave prison and salvage the rest of his life. On one condition: After repeatedly proclaiming his innocence since the spring of 1985, McCrory would have to say that he’d been guilty all along.

The offer came via his lawyer, Mark Loudon-Brown of the Atlanta-based Southern Center for Human Rights, on the eve of an evidentiary hearing in Andalusia, Alabama. As Loudon-Brown told Covington County Circuit Judge Lex Short the next day, Chief Assistant District Attorney Grace Jeter indicated “that if Mr. McCrory would be willing to admit guilt in this case, she had authority to consent to his release from prison.”

But McCrory said no. “He does not wish to do that,” Loudon-Brown said. “And so I wanted to make sure the record was clear on that.” A few feet away, Jeter remained expressionless. The judge asked if she had any response. “No, sir,” she said. The hearing would move forward as planned.

It was just after 1 p.m. on April 28, 2021, at the county courthouse in Andalusia, a small city just north of the Florida border. Down a hill behind the courthouse is the old county jail where McCrory was held following his arrest. Listed in the National Register of Historic Places, the decaying brick building stood grimly juxtaposed against a fleet of trucks belonging to the Covington Casket Company, the county’s oldest manufacturer. Covid-19 had brought a boom in business; on the day of the hearing, warehouse workers listened to music while lining caskets with fabric.

McCrory-family

Charles and Julie McCrory with their son, Chad.

Credit: Courtesy of Larry Grissett

McCrory’s wife, 24-year-old Julie Bonds McCrory, was found brutally beaten to death in their home in 1985. The evidence against her husband was paltry at best, but prosecutors moved aggressively; McCrory was swiftly tried and convicted of murder. After insisting on his innocence for 3 1/2 decades, McCrory secured a new legal team, which filed a petition for a new trial in March 2020. His lawyers argued that new evidence debunked the most crucial component of the state’s case: alleged teeth marks found on Julie’s body, which a famed bite-mark expert, Dr. Richard Souviron, said conclusively matched McCrory’s unique dentition.

Souviron, the prosecution’s star witness at McCrory’s trial, has since changed his tune. In a 2019 affidavit, he recanted his testimony.

“As a forensic odontologist I no longer believe the individualized teeth marks comparison testimony I offered in his case was reliable or proper,” he wrote. “I no longer believe, as I did at the time of trial, that there is a valid scientific basis for concluding that the injury found on the skin of the victim in this case, assuming that the injury is in fact teeth marks, could be ‘matched’ or otherwise connected to a specific individual, such as Mr. McCrory.”

Rather than exonerate McCrory, however, prosecutors fought back, arguing among other things that because McCrory had challenged Souviron’s testimony in a previous appeal, he was barred from trying again. In December 2020, Short granted an evidentiary hearing to allow both sides to make their case.

It would be a consequential hearing. Over the last decade, bite-mark analysis has been thoroughly debunked as junk forensic science, a subjective pattern-matching practice that has seen dozens of people wrongly convicted. In fact, according to the Innocence Project — which has been on a mission to banish bite-mark evidence from the courtroom — McCrory is the last remaining defendant known to have been convicted almost solely on the faulty forensic practice. The expert witnesses at McCrory’s evidentiary hearing were dentists who were once true believers but now use their expertise to correct their colleagues’ past mistakes and educate judges about erroneous bite-mark analysis.

Although the science was on their side, McCrory’s lawyers were up against a criminal legal system that often favors finality over accuracy. They would still be fighting an uphill battle against prosecutors, and the courts, to clear their client’s name.

McCrory was not in attendance at the hearing. He was watching remotely from a minimum-security prison 175 miles to the north. Before he went to prison, McCrory was a computer whiz who taught classes at the local junior college — “a geek before it was fashionable to be one,” as one of his trial attorneys put it. McCrory’s son, Chad, recalled his grandmother saying that McCrory once claimed that every household would have a computer one day. “She was like, ‘Hey, no way, that’s just crazy,’” Chad said.

“The testimony had no value. That testimony convicted an innocent man.”

Chad was just 3 years old when his mom was murdered and his dad incarcerated. Now 39, he believes in his father’s innocence, which has left him estranged from his mother’s side of the family. In a blue suit, Chad sat with his wife and aunts on the left side of the courtroom, while his maternal uncle sat on the right, accompanied by his family and the former Covington County district attorney whose office charged McCrory back in 1985.

Loudon-Brown turned things over to Chris Fabricant, director of strategic litigation at the Innocence Project, who has led the legal efforts to extirpate bite-mark evidence. “Your Honor, at the time of Mr. McCrory’s 1985 trial, there had never been a single wrongful conviction attributable to the use of bite-mark evidence,” Fabricant began. The forensic discipline was widely accepted in courtrooms across the country. But “the Innocence Project has documented 35 wrongful convictions and indictments attributable to the use of bite-mark comparison in criminal trials,” he went on. “As we stand here today, bite marks are no longer accepted in the scientific community.”

Fabricant emphasized that Souviron himself, one of the field’s founding practitioners, had disavowed his testimony against McCrory. “There was no science behind what he had to say. The testimony had no value. That testimony convicted an innocent man.”

Woman Down

As Charles McCrory recalled, the day his wife was found murdered started out fairly routine.

It was May 31, 1985, and the Alabama Electric Cooperative, where he worked as information systems manager, had just switched to a 7:30 a.m. to 4:30 p.m. workday. It only meant coming in half an hour earlier, but he still hadn’t nailed the timing, and that Friday he was running late, meaning he didn’t have time to swing by Hardee’s to pick up a biscuit and a Coke for breakfast.

The same thing had happened the day before. Julie had dropped by his office and agreed to make a run to Hardee’s. As he later recounted, McCrory thought maybe she’d help him out again, so he picked up the phone at his desk and called her.

The couple had recently separated after a decade together. They’d met as students at Andalusia High School. McCrory was 17 and Julie was 14. They dated for five years before getting married. In 1982 they had a son, Chad. But lately they’d been struggling. McCrory was bored; he and Julie had been together so long. Their sex life was great, but he’d been feeling like he needed more. He’d had an affair with a co-worker at the local junior college, though he’d mostly broken that off too.

Still, he and Julie got along well. Although he’d moved out, they still spent plenty of time together. In fact, he’d been over at the house they’d shared on Lori Lane the previous evening. Julie did his laundry. They sat in the den and played with Chad while “Hill Street Blues” was on TV, before stealing away to the bedroom to have sex. Julie removed a fabric belt from one of her dresses and loosely tied his wrists to the bedpost; he didn’t object. He left the house with two baskets of freshly folded laundry just after the nightly news came on. He kissed Julie and Chad goodbye and pulled his Ford Bronco out of the driveway with a honk and a wave — Chad always liked it when he did that.

But on Friday morning, Julie was not answering the phone. She didn’t have to be at work until 8, so maybe she was in transit to his parents’ house, where McCrory’s mom watched Chad on workdays. McCrory called his mom, who said Julie hadn’t been by yet. At 8 he called her job; Julie wasn’t there.

Fifteen minutes later, McCrory’s mom called back. She was worried. Julie had never been so late to drop off Chad. She told McCrory that his father was going to the house on Lori Lane to check on them. McCrory was worried now too. As he headed out in his Bronco, the two-way radio mounted in the cab crackled with life. McCrory was a longtime volunteer with the city’s rescue squad and served as the crew’s second-in-command. The radio communicated on both rescue squad and Andalusia Police Department channels.

He recognized the voice coming over the radio as that of Jeff Holland, a city fire department employee; they were making a run to Lori Lane. All they knew was that “a woman was down,” McCrory later recalled. He told Holland that he was also en route. McCrory arrived before the squad. He was headed toward the front door when he ran into his dad, who was in a frenzy. Something was “bad wrong” with Julie, he told McCrory.

McCrory went into the house. All the lights were off. Julie was lying prone just inside the entrance. Her pink nightgown was pushed up around her torso. Her head was turned to the side, beaten and bloodied, and her eyes were blackened. She was obviously dead. McCrory rushed out of the house stricken. He asked his dad about Chad and his father said he was OK; he’d found Chad in his bed. The boy was now across the street, where the neighbors were taking care of him.

When the rescue squad arrived, McCrory approached Holland and told him that Julie was dead. Holland checked her for vital signs before calling the police.

Investigators Billy Treadaway and Wade Garrett were the first cops to arrive. Treadaway quickly realized they would need backup. He radioed police dispatch and asked them to call a forensics guy, Charlie Brooks, from the state crime lab about an hour away. Treadaway put crime scene tape around the property and talked to McCrory. “He said that he hoped that I get the fellow that done it,” Treadaway later testified.

Brooks, Treadaway, and Garrett examined the scene. The house wasn’t immaculate, but it was about what you’d expect with a toddler around. Treadaway didn’t see any signs of a struggle or forced entry, and McCrory’s father said the front door was ajar when he’d arrived. There were no bloody footprints or fingerprints. Two windows in the master bedroom were open, but the investigators disregarded this, according to court records. Instead, as the day warmed up, they closed them and turned on the air conditioning.

Garrett, who previously worked for the Alabama Bureau of Investigation and had been trained as a fingerprint examiner, did not dust the windows for prints. He also failed to print a sliding glass door, and he never went into the bathroom. In fact, even though he remained at the house until early the following morning, Garrett didn’t dust much of anything save for the front doorknob, a pitcher on the kitchen table, a chair that was pulled back from the table, and some fast-food promotional glasses in the sink — two Snoopy glasses and a Care Bears glass.

The medical examiner noted one additional injury: Two “semi-lunar” indentations to the back of Julie’s right arm.

Eventually the investigators made a closer inspection of Julie’s body. Her head had been bashed in and the front of her nightgown was saturated with blood. There were hairs in her left hand and on her chest, which Brooks collected. He noted that a length of pantyhose was tied around her right wrist. There was also a red bandanna on the floor not far from her body.

The investigators searched for a murder weapon to no avail. Although no one inspected the kitchen knives or any other sharp utensils, Treadaway did notice that a fire poker, part of a set of tools in the den, was missing. At some point, Garrett’s attention was called to a footprint outside — just beyond the McCrorys’ back fence, which abutted the property of a local business, Bullard Excavating. The footprint was photographed.

Around 6 p.m., Brooks and Treadaway drove Julie’s body nearly three hours north to Montgomery, where Dr. Joseph Sapala, a state medical examiner, conducted the autopsy. There were long bruises across the back of Julie’s hand, and her jaw was broken in two places. There were 11 small, rectangular puncture wounds to her chest — at more than four inches deep, they’d damaged her left lung and pulmonary artery. And then there were the head wounds, which Sapala ultimately determined to be the cause of death. Six were described as “chop wounds,” presumably blows made by a sharp instrument. Another Sapala described as a blunt force injury that fractured Julie’s skull.

Finally, the medical examiner noted one additional injury: Two “semi-lunar” indentations to the back of Julie’s right arm. He placed a penny by the wounds for scale — together they were no wider than the coin’s diameter — and an assistant took a photo. Sapala concluded that this was a bite mark.

While Sapala catalogued the many injuries Julie had sustained, his resulting report was cursory. It did not indicate whether her body was in rigor, nor did it mention the degree of lividity — the gravitational pooling of blood in the body after death — both of which might have provided at least a general time of death. Instead, in trial testimony, it was Brooks who offered the lay opinion that Julie had been killed sometime in the early morning hours.

Over the next few days, police would question McCrory several times. Each time, he recounted the same story about his relationship with Julie: that he’d been with her in the house Thursday night and that he hadn’t been able to reach her Friday morning. He let police search his Bronco and his apartment, but they found nothing.

Roughly 24 hours after Julie’s body was found, investigators took McCrory to see his dentist, Dr. William King. McCrory had consented to the dentist making a mold of his teeth for casting. King looked at McCrory’s mouth; he didn’t see any cuts or bruising on his lips or gums. McCrory seemed calm, King later testified, but he also noticed that he was shaking.

King, who still practices in Andalusia, remembers taking the molds from McCrory. Law enforcement agents stood by as he worked. “They didn’t ever leave my sight,” he said. He recalled being shocked when McCrory became a suspect. He was “mild-mannered,” King said, a guy he would never have imagined to be a murderer. “Of course, I’m sure everybody does that when they look back. … I just wouldn’t have guessed that.”

Illustration

Illustration: Clay Rodery for The Intercept

Everybody Turned So Quick

Julie McCrory was buried on June 3 in a graveside service at the Andalusia Memorial Cemetery, just two blocks away from her home. The family could see police parked nearby in unmarked cars. One of them was Andalusia police officer Howard Easley. Afterward, Easley recalled, “I stopped McCrory in his vehicle and asked if he would come with me to the Sheriff’s Department, which he did voluntarily, driving his own vehicle.”

Easley had also responded to the scene the day Julie was found. He recalled being put off by McCrory’s demeanor that morning. He seemed “nonchalant,” Easley said. “No emotion whatsoever.” Among law enforcement agents, suspicion over McCrory’s bearing quickly hardened into a belief in his guilt. When McCrory’s sister ReNay McCrory Smith visited him in jail the day after his arrest, she remembers the sheriff telling her, “He’s a murderer, and I don’t have any use for him.”

“What really put me off with Andalusia at the time is how everybody turned so quick when all this happened,” Smith said. “Here’s a guy that’d been working on the rescue squad as a volunteer all these years. … And he was an auxiliary policeman as well. And nobody stood up for him and said, ‘There’s no way this guy could have done this.’”

“Here’s a guy that’d been working on the rescue squad as a volunteer all these years. … And nobody stood up for him.”

The murder shattered the town’s sense of safety. McCrory’s younger sister, Laura Grissett, who babysat Chad as a teenager, remembered Julie sometimes leaving her car running for half an hour outside when picking him up. “But after that, you just didn’t do it anymore,” she said. Their father was especially traumatized. “Daddy nailed the windows shut,” Grissett said. “He’d check under the beds before we were allowed to go in the house because he was terrified.”

The community was still reeling from the murder when, just over a month later, another young woman was abducted and raped not far from where Julie had been found. A man named Alton Ainsworth, who worked at Bullard Excavating, was quickly arrested and later pleaded guilty to the crime. Police questioned Ainsworth but never fully investigated him as a possible suspect in Julie’s murder — even though he was known to wear a red bandanna like the one found near her body.

On the day McCrory was arrested, his dental molds were transported to the state’s head medical examiner in Montgomery, along with photos of the injury Sapala believed to be a bite mark. The medical examiner called Souviron, a renowned forensic odontologist, in Coral Gables, Florida.

Souviron, 48, had impressive credentials — and a knack for getting good press. A style columnist once praised him alongside other “gentlemen of distinction” for a cut that gave his thinning hair “a rugged, touchable look.” In the late 1970s, as the burgeoning field of bite-mark analysis caught on nationwide, the Miami Herald published a glowing profile of Souviron titled “The Dentist as Detective: A Pioneer in Criminology.” But his biggest claim to fame was as a star witness against serial killer Ted Bundy in 1979. Newspapers printed large photos of Souviron holding a wooden pointer while presenting oversize images of Bundy’s teeth to the jury. Souviron enjoyed taking the stand. “It’s fun, it’s exciting, it’s challenging to have someone cross-examine you,” he told the Herald. “I guess it’s because I feel secure in what I testify to.”

Souviron told the medical examiner that he would review the evidence in Julie McCrory’s murder. On August 14, 1985, a week after receiving the dental models, photographs of Julie’s injuries, and the autopsy report, he sent a letter reporting his findings. Although only one of the 28 photographs “would be of value in making an actual one to one comparison with the models of Mr. McCrory,” he wrote, he’d found some “unusual phenomena.” McCrory’s upper left lateral incisor was missing, leaving a “seven millimeter space” between the upper left front tooth and his upper left canine. Based on these observations, he concluded, “the marks in the arm could have been made by the teeth of Mr. Charles McCrory.”

Souviron’s letter contained some key caveats, however. “First of all, it is impossible in my opinion, unless very unusual circumstances exist, to make a positive identification from two teeth of a bite mark,” Souviron wrote. What’s more, the photographs appeared to show only two upper teeth, which was odd since the upper jaw is fixed; the lower teeth are the ones that “grab and hold.” Further, the defense might argue that the injury could have been made by the same instrument that inflicted the puncture wounds on Julie’s chest, Souviron wrote. Ultimately, “if there is [a] substantial amount of additional evidence such as fingerprints, blood, hair, semen, etc.,” then the marks shown in the photos “would be of some value.” But if the marks were the sole means of identifying the perpetrator, he cautioned, “I feel that this is not in the best interest of justice.”

Despite the gruesome crime scene, no physical evidence had been linked to McCrory.

In other words, Souviron might be willing to say that the rather ambiguous-looking injury was a bite mark so long as plenty of other evidence implicated McCrory too.

This posed a problem for authorities. Despite the gruesome crime scene, no physical evidence had been linked to McCrory. Investigators never found a murder weapon. The hairs collected from the body belonged only to Julie, and while some of the random fingerprints on the furniture and kitchenware matched McCrory, that was hardly compelling given that he was often at the house on Lori Lane. As for the footprint out back, the pantyhose, and the red bandanna, no one ever figured out where they came from.

Still, police had found a couple of items at the home that might prove useful: a VHS tape and a collection of photographs featuring Julie and her husband in various kinky scenarios. The images were graphic and, to some, shocking. “There is more than one scene in which the young lady is — what is considered in bondage,” a defense witness testified at a pretrial hearing on August 21.

Although the activities depicted were consensual, prosecutors sought to introduce the tape and photos as evidence against McCrory at trial. The goal was apparently to show that McCrory had deviant sexual proclivities that escalated as he sought further gratification — or as one prosecutor put it, that “bondage sex” could lead to “stronger and stronger acts of violence.” Although defense attorneys convinced the trial judge not to allow the items into evidence, gossip soon ran rampant throughout the town. Some said Julie’s murder had been the result of some kind of sex ring.

One reporter who covered the trial for the Andalusia Star-News remembers “a lot of rumors, innuendo” surrounding the tape and photographs. In a “small South Alabama town, you know, deep in the heart of the Bible Belt,” those things didn’t have to make it into court to have an impact.

A photo taken by Dr. Richard Souviron shows the injury on Julie McCrory’s arm alongside Charles McCrory’s dental mold.

A photo taken by Dr. Richard Souviron shows the injury on Julie McCrory’s arm alongside Charles McCrory’s dental mold.

Photo: Courtesy of the Southern Center for Human Rights

This Set of Teeth

McCrory’s trial began on October 21, 1985, at the Covington County District Court. It was less than five months after Julie’s murder. Elected District Attorney Grady Lanier was intent on moving forward quickly, even without such key evidence as a murder weapon. “When you see the blows that were on the back of her head, you didn’t need a weapon,” he said. “They spoke for themselves.” Besides, in his experience, convictions were easier to win when a crime was still fresh in a community’s mind.

The courtroom was packed with spectators. Representing McCrory was M.A. “Bubba” Marsal, a prominent criminal defense lawyer from Mobile whose high-profile clients included a follower of Charles Manson and a Ku Klux Klan member who’d been sent to death row. Known perhaps for his charisma more than his legal prowess, Marsal was paired with a younger local attorney named Larry Grissett (no relation to McCrory’s sister).

On the state’s side was an unorthodox arrangement: Rather than rely on Lanier to secure the conviction, Julie’s family had hired a local father-son legal team: personal injury attorney Frank Tipler and his son Harvey. While uncommon, hiring a private prosecutor was “not illegal” in Alabama, a 1988 report in the Montgomery Advertiser found. One lawyer told the paper it was a bad idea. “If you have the victims hiring a lawyer to prosecute a case, that lawyer will be hell-bent to send the defendant to the penitentiary … and to drag him through the mud, regardless of the amount of evidence against him.”

“I do not think we can truly have a future until all the past is dead.”

The trial transcript does not include opening or closing remarks. But the state’s theory appears to have been that McCrory had grown tired of his marriage and brutally murdered his wife to be free from her. As their first witness, prosecutors called 31-year-old Gloria Wiggins, the former co-worker with whom McCrory had recently had an affair, and asked her to read several letters the two exchanged. But apart from some tortured declarations of love, there was no evidence that McCrory was planning a future with Wiggins. In one letter, he wrote that his wife and son would always be a part of his life.

Rather than point this out, however, Marsal shamed Wiggins for carrying on a relationship with a married man. Most confusingly — and perhaps most damaging to his client — Marsal seized on a line from a letter Wiggins wrote shortly before Julie’s murder, asking her “to read it loud so every juror can hear it.” Wiggins read: “I do not think we can truly have a future until all the past is dead.” That line was published in the newspaper the next day.

Next came the investigators. With no physical evidence linking McCrory to the crime, prosecutors emphasized assorted bits of circumstantial evidence, including a question McCrory asked Treadaway, the lead investigator, hours after arriving at the scene: Had Julie died from “the lick on the back of her head”? Could a person look at Julie’s body lying on the floor and discern that there’d been a “lick” on the back of her head? Frank Tipler asked Treadaway. “I couldn’t tell,” Treadaway said. “So whoever asked it had to already know about it, didn’t they?” Tipler said.

On cross-examination, Marsal pointed out that “this lady was lying on the floor in a pool of blood” and “her head was crushed in, wasn’t it?” Yes, Treadaway said, but “you couldn’t see the lick on the back of the head. You could just see her head splattered open.”

Treadaway appeared to know shockingly little about the work that had been done to solve the case or consider alternate suspects. He did not go to Bullard Excavating and question anyone about the murder. “I don’t know who talked to them,” he testified. Nor did Treadaway know anything about the footprint found near the fence. As for Alton Ainsworth, the Bullard employee known to wear a red bandanna, “I’ve heard the name,” Treadaway said.

Garrett, the second investigator, testified about the eight fingerprints he took from the scene, all of which matched either Julie or McCrory. But he did not explain why he lifted prints from the Snoopy and Care Bears glasses while ignoring things like the bedroom windows and the back gate. Marsal asked about the footprint Garrett photographed outside the fence. “Did you ever attempt to compare that with any other print or shoe or any of the employees over at Bullard Construction Company?” “No, sir,” Garrett said.

On the second day of trial, prosecutors called Huey Dewayne Meeks, a 20-year-old with a military haircut who’d been brought back to testify during boot camp with the National Guard. Meeks was staying at his grandfather’s house, diagonal from the McCrory residence, on Friday, May 31. Although it was still dark out when he left for work at 5:15 a.m., Meeks said he noticed McCrory’s Ford Bronco parked outside. He later told his grandfather about it.

On cross-examination, Marsal pointed to a conflicting account Meeks had apparently given police. Didn’t he previously say he might have seen the car on a different day? Meeks admitted that he had. But he reiterated that he saw the Bronco on Friday. His testimony was bolstered by his grandfather, who testified that he too saw the Bronco that morning from his dining room.

“You tell me that’s the guy who did it, and I’ll go into court and say that’s the guy that did it.”

The last and most important witness for the state was Souviron. Earlier that year he had helped win a death sentence against a Florida man named Robert DuBoise, who insisted on his innocence while on trial for rape and murder. At that trial, defense attorneys confronted Souviron with a speech he’d made at a conference of the International Association of Chiefs of Police, in which he told the audience, “You tell me that’s the guy who did it, and I’ll go into court and say that’s the guy that did it.” Souviron said the remarks had been taken out of context.

Souviron testified that he’d been involved in forensic dentistry since the mid-1960s. “I have had numerous post-graduate courses, but more important I think is the fact that in those days it was a relatively new field and basically I taught most of the courses, and still do,” he said. He estimated that he had testified as an expert in at least 50 cases in up to 14 states. Prosecutors asked for him to be admitted as an expert. “No problem,” said Marsal.

Despite the letter Souviron had written warning that relying solely on the purported bite mark would not be “in the best interest of justice,” Souviron now said that the models and photographs were “good, quality evidence.” He documented his technique in a series of photographs, which he presented to the jury.

One showed a close-up of McCrory’s dental molds positioned over an enlarged photo of the alleged bite mark. “The left cuspid tooth when lined up with the bite fits into that little round puncture wound,” Souviron said. Especially important was the space between the two upper left teeth, which would usually contain another tooth, the lateral incisor. But as Souviron explained, McCrory was missing this tooth — he had been born without it.

Tipler asked a question that allowed Souviron to explain away the missing lower teeth. “Would you classify them as bite marks or teeth marks?” he asked. “That’s a good point,” Souviron replied. “This is not a bite mark. You have just two teeth that show here.” His conclusion: The mark on Julie’s arm “was the result of the arm being thrust into the teeth rather than the teeth being bitten into the arm.”

Souviron’s thrusting-arm theory appeared to conflict with the conclusions of Sapala, the medical examiner, who’d determined that the blows to Julie’s head came first, followed by the puncture injuries. The latter had been inflicted at or near her time of death, he’d found. If Julie had already suffered a mortal injury, it would have been difficult for her to thrust her arm anywhere.

Still, Souviron’s testimony was persuasive. King, the dentist who made McCrory’s dental molds and testified at trial, remembers being somewhat skeptical of Souviron’s analysis. But he could see how a juror would have found the testimony compelling. “If I was on the fence,” King said, “and then they threw those big enlargements of the models and the tissue photographs … and they told you ‘these match perfectly’ … it would be enough to sway you to say he’s guilty.” After all, according to Souviron, McCrory’s dentition was unique enough to make the match a near-mathematical certainty. Only 1 percent of the population would be missing a lateral incisor, he testified. “The percent of the population missing only the upper left lateral incisor is even smaller,” he said. “So my feeling is that there is a high degree of consistency between this set of teeth and those teeth marks left on the arm of Mrs. McCrory.”

The next day, the jury found McCrory guilty. “You have anything to say before I adjudge you guilty of murder?” the judge asked.

“No, sir,” McCrory said. “Other than I just did not do it.”

Illustration

Illustration: Clay Rodery for The Intercept

Hour of Reckoning

It was mid-afternoon when Dr. Adam Freeman was called to testify at McCrory’s evidentiary hearing in April 2021. Freeman was once a true believer in bite-mark evidence and a powerful figure within the American Board of Forensic Odontology, or ABFO, the group that certifies forensic dentists. But that had changed. Now he would be testifying for the defense — and criticizing Souviron, a former mentor.

For Freeman, the journey to Andalusia began on September 11, 2001. He runs a successful dental practice in Westport, Connecticut. Many of his patients commute to New York City for work, and several were killed in the attack on the World Trade Center, including one he considered a good friend. Afterward, first responders — including medical examiners and forensic dentists — combed through the rubble to identify victims. The remains of Freeman’s friend were eventually sent home in 13 separate body bags.

He came away from the tragedy wanting to do more. He knew disasters were inevitable. As a dentist, he felt that he could play a valuable role by helping identify victims through dental remains. “If you look at the human experience, I can think of nothing less humanized than to die and … have no identity at death,” he said. “Sort of as my tribute to our patients that were lost, I started to get involved in the forensic field.”

Freeman took a course in forensic pathology, where he met the president of the ABFO, who had run the dental identification unit after the Oklahoma City bombing and worked on the ground after 9/11. Freeman aspired to do the same kind of work; ambitious, with a robust ego, he was determined to become certified by the ABFO, a long and expensive process, and become one of its most elite experts. Before long he was being mentored by some of the field’s most celebrated practitioners, including Dr. David Senn, who had created a fiefdom training forensic dentists at the University of Texas at San Antonio, as well as Souviron, one of Freeman’s earliest champions.

While Freeman originally wanted to do dental identifications, he was quickly drawn into another aspect of the field: bite-mark analysis, or the practice of determining whether a patterned injury on a victim is the result of a bite and can be matched to the dentition of a suspected biter. Looking at images of alleged bite marks, Freeman didn’t always see what his mentors were seeing, but he would listen as they discussed their cases. “You would sit with these guys at dinner … and they would not only talk about it, but then they would be like, ‘And look, here’s my badge,’” he recalled. “‘I’m so good at this the police department or the coroner’s office gave me a badge because I’m helping protect society from these predators.’ And … at first blush, you’re like, ‘Hey, I want to be one of those — I want to be the guy that helps do that.’” In 2009, Freeman earned his certification.

That same year, however, bite-mark analysis was hit with the first of a series of high-profile blows. The National Academy of Sciences published a landmark study of forensic practices that called into question the scientific validity and reliability of nearly every discipline used to convict people and send them to prison. The majority, it found, lacked any scientific underpinning. The authors were especially rough on bite-mark matching. “Although the majority of forensic odontologists are satisfied that bite marks can demonstrate sufficient detail for positive identification,” the report read, “no scientific studies support this assessment.”

Bite-mark analysis rests on a two-pronged foundation. First, that human dentition is unique, like DNA, and second, that skin is a suitable substrate to accurately record that uniqueness. There is no science to back either assertion. In fact, research into the practice has generally revealed the opposite: that human dentition isn’t unique and that skin — as malleable as it is — is a poor medium for preserving an accurate record of injury, all of which renders bite-mark analysis a random and purely subjective practice.

Freeman was rattled by the National Academy of Sciences report. But the reaction of many of his colleagues, including Senn and Souviron, was downright hostile. Over the next decade, they would lash out at their growing number of critics, even attempting to oust one of their own, a California dentist named C. Michael Bowers. Bowers had been ringing the alarm over bite-mark analysis since the late ’90s. After the National Academy of Sciences report echoed his concerns, veteran members of the ABFO concocted a dubious ethics complaint about Bowers, which they filed with the American Academy of Forensic Sciences — the nation’s preeminent umbrella organization for forensic practitioners. The attempt to destroy Bowers’s credibility failed, leading to a public meltdown in 2015, when a furious Souviron confronted the academy’s then-president, Victor Weedn, over the complaint’s dismissal: “Don’t you have any balls?” Souviron demanded. (Weedn said that Souviron later apologized for the outburst.)

That same year brought more trouble for the ABFO — and this time Freeman, now president of the organization, would be in the middle of it. In an attempt to impose standards for practitioners, Freeman and a colleague designed a “construct validity study” focused on the first question forensic dentists should ask: Is this a bite mark? This might seem absurdly basic, but bite-mark analysis rarely starts with ground truth — a victim in a homicide case can’t tell you that they were bitten, so whether any given injury is actually a bite mark is often unknown.

photo of bitemark evidence

A box-opening injury that board-certified odontologists mistakenly identified as a bite mark.

Credit: Courtesy of the Southern Center for Human Rights


“I thought this was going to be super easy,” Freeman said. He and his colleague asked board-certified members to submit images of patterned injuries they’d encountered in real casework. They posted 100 examples online and invited colleagues to review them, including one image they knew for certain was not a bite mark: It was a photo submitted by an odontologist who had injured himself while opening boxes.
“We can’t get this basic piece right, and there are people who have been put to death in Texas based on bite marks.”

The dentists’ answers were all over the place. Sixty percent of the respondents identified the box-opening injury as a bite mark. Freeman was shocked. “The research starts coming in and … for me, it was just so seminal. It was like, wait a second,” he recalled. “We can’t get this basic piece right, and there are people who have been put to death in Texas based on bite marks.”

Freeman was slated to present the results at the 2015 academy conference. But the results were so dismal that the researchers decided to give veteran ABFO members, like Senn, a heads up. According to Freeman, Senn asked him to rerun the study using just the answers supplied by an elite group of veterans, including himself. Freeman agreed — and the results were worse. Then Senn asked him to hold the research altogether. Freeman was adamant that they couldn’t. “And therein lies my downfall,” he said. Senn did not respond to The Intercept’s requests for comment.

Like Bowers before him, Freeman soon found himself the subject of a questionable ethics complaint; it also failed. But it was a turning point for Freeman. He’d seen the truth, he said: Bite-mark analysis was bunk, and he worried about the people it had sent to prison. In 2020, Freeman penned his official resignation from the ABFO. “In my opinion, we have an absolute duty, and ethical obligation to correct our past mistakes,” he wrote. “Diplomates have participated in far too many wrongful convictions resulting in hundreds of years of wrongfully convicted people in prison.”

Their Own Junk Science

In his testimony at McCrory’s hearing, Freeman did not mince words: Souviron had gotten it wrong back at trial. There was no scientific basis for his presumption that the two marks found on Julie’s arm were made by teeth, nor for his conclusion that McCrory’s supposedly unique dentition had made the marks.

And it turns out that Souviron now agrees. “I no longer believe, as I did at the time of trial, that there is a valid scientific basis for concluding that the injury found on the skin of the victim … could be ‘matched’ or otherwise connected to a specific individual, such as Mr. McCrory,” Souviron wrote in his 2019 recantation. “I therefore renounce that testimony.”

Freeman told the court that he was familiar with “several cases” Souviron had gotten wrong over the years. Fabricant, the Innocence Project lawyer, had already mentioned two — including that of DuBoise, the Florida man whom Souviron helped send to death row just months before testifying against McCrory. After decades behind bars, DuBoise was finally exonerated in August 2020.

“Dr. Souviron is a friend. I take absolutely no pleasure in criticizing a man who has helped mentor me, who has championed me, and who quite honestly as a person, I like,” Freeman said. “This is a very uncomfortable position to be put in.”

“And so why are you doing it?” Fabricant asked.

“Because it’s the right thing to do,” he replied.

Freeman said that he didn’t think the marks on Julie’s arm were made by teeth. There was a similar-looking injury near Julie’s armpit that everyone had just ignored. He also noted that it didn’t make sense that a bite mark would be left solely by two upper teeth: “It is almost impossible to create a mark … where you’d only see upper teeth.”

Regardless, the idea that the marks could be matched to anyone in particular was ludicrous. “With just two marks,” Freeman said, “if I had the dental lineup of his Honor and you and anybody else in this courtroom, I would likely make those fit those two marks.”

“It is almost impossible to create a mark … where you’d only see upper teeth.”

Freeman was not alone in his opinion. Also testifying was Dr. Cynthia Brzozowski, a veteran dentist from New York who has been involved in forensics since the early ’90s. When she was starting out, she was “led to believe” that bite-mark analysis was “based on valid science,” she said. Now, like Freeman, she felt she had an “ethical and civic responsibility” to testify in cases like McCrory’s. She agreed that there was no way to conclude that the marks on Julie’s arm were made by teeth in the first place, let alone McCrory’s teeth.

Jeter, the prosecutor, tried to draw a distinction between analyzing a bite mark and analyzing teeth marks, suggesting that what Souviron had done in the McCrory case wasn’t actually bite-mark analysis. Brzozowski was firm: “We don’t have criteria for teeth marks,” she said.

As Jeter went on, she tried to rehabilitate the state’s case by eliciting agreement that Souviron’s testimony was perfectly proper by 1985 “standards” — even though whatever standards did exist back then have been thoroughly disavowed. And then she insinuated that Souviron hadn’t really recanted his trial testimony. Jeter noted that when interviewed by an investigator from the district attorney’s office, Souviron said he still believed that the wound on Julie’s arm was made by teeth, but he would not testify now with the same “high degree of certainty” that they were McCrory’s teeth. Fabricant objected; the state hadn’t called Souviron as a witness, so inserting this thirdhand assertion into evidence was improper. But the judge allowed it.

In fact, Souviron told The Intercept that he didn’t say the things Jeter was ascribing to him. He said he’d been subpoenaed but that the state released him from the obligation prior to the hearing. His interview with the Andalusia law enforcement official had been recorded, he added, so it should be easy to disprove Jeter’s account. “She’s wasting her time,” he said. “If that’s the best she can do, forget it.”

As it turned out, that was about the best Jeter could do. When it was her turn to present evidence that McCrory’s conviction should be upheld, Jeter deployed an odd strategy: She called the DA’s investigator as a witness, and the two of them read into evidence cherry-picked segments from the 1985 trial transcript. Over an objection from Loudon-Brown, McCrory’s lawyer, who pointed out that the judge already had the full record, they included police investigator Billy Treadaway’s description of McCrory asking about the “lick” on the back of Julie’s head. Notably, Jeter omitted Treadaway’s subsequent acknowledgment that it was clear Julie’s head had been “splattered open.”

The point was to portray the original case against McCrory as more substantial than it was and thus able to stand even without Souviron’s definitive testimony. Wrapping up her case, Jeter called the state’s only actual witness at the hearing: Meeks, the National Guard trainee who claimed that he saw McCrory’s Bronco while standing outside his grandfather’s house in the dark almost 36 years earlier.

Now in his late 50s, Meeks had taken off work to appear in court and did not seem happy to be there. But instead of asking him questions about what he’d allegedly seen back in 1985, Jeter asked Meeks to read his previous testimony into the record. Loudon-Brown was quick to protest: “He’s a live witness. He needs to testify from personal knowledge, not some words on a paper.” But again, the judge let Jeter proceed. It did not go well. After Jeter read the questions Meeks was asked at trial, Meeks seemed confused. He abandoned his trial testimony and began answering as if he was being asked the questions anew. Jeter repeatedly cut him off and tried to get him back on script before the judge finally interrupted, changed his previous ruling, and brought the whole sideshow to an end. Before dismissing Meeks, Jeter asked him a single question: Did he stand by his trial testimony? “Yes, ma’am,” he replied.

In closing, Loudon-Brown homed in on the key role that Souviron played in McCrory’s conviction. All the state had was an assortment of weak circumstantial evidence that didn’t add up to much until Souviron got on the stand. “That right there sealed his fate,” Loudon-Brown said. “It was identification testimony. And now that dentist who offered that testimony has said that’s not true.”

He called the judge’s attention to a poster board featuring photos of some of the dozens of individuals wrongfully convicted based on junk bite-mark evidence. “There was evidence at every single one of those peoples’ trials sufficient to convict that person at trial,” he said. “This case is different in one way: There is no other evidence that implicates Mr. McCrory.”

When it was her turn to address the judge, Jeter noted that a conviction could stand on circumstantial evidence alone and that even without Souviron’s expert testimony the jurors could have drawn “reasonable inferences” that McCrory had killed his wife. With that, she launched into a sprawling, fever-dream narrative built wholly on speculation. She suggested that the letters McCrory had exchanged with Wiggins were evidence of a “web of deceit he had woven” and that he needed a way out. The jurors could have concluded that McCrory’s having honked his horn as he left Julie and Chad in the doorway the last evening they were together was “the beginning of his alibi,” Jeter said, a way of announcing to the neighborhood that he was leaving, “that he would not be there when she was murdered later.”

As Jeter’s story rose to a crescendo, she stopped referring to the jurors at all. She described how McCrory had continued his ruse the following morning by calling around pretending to look for Julie when he knew exactly where she was. “He knew she was not answering the phone because she was dead. And he knew that his … child was essentially at home alone, completely unsupervised, with his dead mother,” she said. “But of course, he wouldn’t want to be the first one on the scene. He needed somebody else to find her,” so he tricked his dad into going to the house on Lori Lane.

Jeter eventually turned back to the bite mark, noting that under state law, the jurors could’ve taken the molds of McCrory’s teeth and the photos of Julie’s injury and physically compared them for themselves. “And Judge, they could well have done that with or without Dr. Souviron’s testimony,” she said.

In response, Loudon-Brown noted that the jurors weren’t “allowed to engage in their own junk science.”

theintercept-bitemark_judge-3

Illustration: Clay Rodery for The Intercept

No Winners

The hearing concluded around 6 p.m. Lawyers were given a deadline to submit post-hearing briefs. Beyond that, there was no way to know when the judge would rule.

The next day, Keith Harward sat at a picnic table at a campground and RV park a few miles from downtown Andalusia. He’d traveled for the hearing on behalf of the Innocence Project, only to be kicked out of the courtroom after an angry outburst. “I should know better,” he said. But he couldn’t stand listening to a prosecutor malign a man who had already lost so much of his life to junk science. It reminded him too much of his own case.

Harward spent 34 years behind bars in Virginia after being wrongfully accused of rape and murder on the basis of bite-mark evidence. Now 65, with long white hair and a ZZ Top beard, he had 10-29-83, the date of his conviction, tattooed on his back. Under that was his exoneration date: 4-7-16.

Harward is blunt about the trauma inflicted by his wrongful conviction. “I have all kinds of issues,” he said. To this day, he does not keep glassware in his house. “We didn’t have it in prison,” he said. “I’m afraid of breaking it, getting cut.” And he remains haunted by a sense that his case is never far behind him. “Every day I get up, I’m still waiting for someone to come say, ‘Oh, we made a mistake.’”

“Every day I get up, I’m still waiting for someone to come say, ‘Oh, we made a mistake.’”

Harward’s fate might easily have been different. It was only because of the Innocence Project’s ability to secure new evidence testing in his case that DNA emerged pointing to the real perpetrator, which convinced the Virginia attorney general to support Harward’s exoneration. Like most people convicted of crimes based on junk science, McCrory did not have DNA evidence on his side.

Had the physical evidence in his case been preserved, McCrory might well have been able to clear his name. Several years ago, McCrory’s son, Chad, got access to the evidence room at the courthouse, where he recalled seeing a bag with fingernail clippings, as well as a nightgown, presumably the one his mother had been wearing when she was killed. Chad later told his father’s trial attorney Larry Grissett, who thought the materials might reveal DNA. But when Grissett visited the evidence room himself, the items were gone. Only the dental mold remained.

A few months after the evidentiary hearing, in July 2021, Lanier, the former Covington County DA, arrived at Grissett’s law office in downtown Opp, some 15 miles west of Andalusia. A buck’s head was mounted on the wall opposite a fireplace topped with family photos. Lanier had brought a box of freshly baked donuts, which he shared with his former adversary. Although they had been on opposite sides of McCrory’s trial in 1985, the lawyers agreed on at least one thing. No matter how the judge might rule now, “there are no winners,” Grissett said. “No, there are no winners,” Lanier said. “And the community lost — they lost a good man and, of course, a good woman.”

Now in his late 70s, Lanier wore sneakers and flip-up shades over his prescription eyeglasses. He’d lost reelection shortly after McCrory’s conviction, following a tenure marked by his own run-ins with the law. In 1987 Lanier was convicted of assaulting a state trooper who pulled him over for reckless driving. But the former DA’s record paled in comparison to that of Harvey Tipler, one of the private prosecutors who convicted McCrory. After being jailed in Florida on multiple charges, including racketeering and prostitution for soliciting sex from clients, Tipler was convicted in 2013 for trying to have a state prosecutor murdered. He’s currently serving 30 years in prison.

“I have a clear conscience,” Lanier said. It was the Tiplers who’d handled the bite-mark evidence, he added. Regardless, he said he still believed in McCrory’s guilt. But Grissett felt differently. All these decades later, he remained disturbed by the case. “I think about it a lot, and it worries me,” he said. Grissett doesn’t believe that Ainsworth, the Bullard employee who was convicted of rape, was the real killer. But he was adamant that there were alternate leads and suspects that remain unexplored.

Grissett remained indignant over Souviron’s role at trial. “Listen, not only was that junk science, but Dr. Souviron was untruthful,” he said. As Grissett recalled, he and his co-counsel, Marsal, had asked Souviron just before he testified whether he could truly claim definitively that the mark matched McCrory’s teeth. Souviron said no. But when he got on the stand moments later, Souviron essentially said the opposite. The trial transcript supports Grissett’s recollection. An agitated Marsal had confronted Souviron. “Did you not tell us during the break that you could not tell if these teeth marks were made by Charles McCrory?” he demanded. Souviron said he’d told them it was “not positive for Charles McCrory.” He could not exclude everyone else in the world. “We were shocked,” Grissett said.

On February 14, 2022, Judge Short finally handed down his ruling. It adopted verbatim the state’s proposed order, which argued that McCrory would have been convicted even without Souviron’s testimony. The ruling cited the eyewitness testimony from Meeks and his grandfather, along with McCrory’s questions about the “lick” on the back of Julie’s head. Perhaps most preposterously, the judge endorsed the argument that jurors at McCrory’s trial could have done their own bite-mark analysis. “The jury could have made the physical comparison between the injury to the victim’s arm and the mold of the defendant’s teeth on their own,” Short wrote.

Grissett was unsurprised by the ruling. “There was no way the judge was gonna grant this,” he said. “I mean, he’s a really good guy, he is. But he is really, really conservative.” In Alabama, judges are elected, he pointed out. “So, you know, they’re politicians also.”

Still, Grissett flatly rejected the notion that jurors would have convicted McCrory. “There was not enough evidence to find him guilty without Souviron. That’s the only evidence that directly connected him.” As for the idea that the jurors could do their own forensic analysis, let alone apply junk science, “it’s ludicrous,” he said.

Grissett is not alone in his opinion. Just a few weeks after the 2021 hearing, Loudon-Brown met with Harvey Tipler in prison. In a subsequent court filing, he wrote that in Tipler’s recollection, “the bite mark evidence ‘clearly was’ the reason for the conviction, and his father, Frank Tipler, thought so too.” Tipler also told Loudon-Brown that Jeter’s theory of the crime was not the one they presented at trial. For them, the bite mark was “key,” he said.

In a statement, Fabricant and Loudon-Brown called the decision “a tragic failure of law.” They will appeal to the Alabama Court of Criminal Appeals. “Almost 10 months after the evidentiary hearing at which all experts agreed the injury to the decedent was not a bite mark, the judge signed four pages of findings written by the prosecutors and denied a new trial,” they said. “This was despite the prosecution’s own expert recanting his trial testimony and admitting, in agreement with the entirety of the scientific community, that this kind of evidence has no place in the criminal courts.”


This content originally appeared on The Intercept and was authored by Liliana Segura.

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