For decades, FBI agents gave flawed testimony about the use of hair evidence in criminal cases, potentially skewing the verdicts of hundreds of cases based on a science that has since been deemed "highly unreliable."

In December, The News Journal wrote about a Wilmington man who was sentenced to life in prison after hair testimony, among other evidence, was used to convict him on rape charges.

The notification about the flawed testimony by the FBI and the work of multiple attorneys led to his release – and a renewed call for more thorough reviews of these cases.

Now, newly elected state Attorney General Kathy Jennings said Delaware is conducting its own review of cases like these to make sure those serving prison sentences involving this hair evidence testimony are doing so justly.

This comes in the wake of other states, including Texas, Massachusetts and North Carolina, initiating similar reviews.

"We have a responsibility to make the best decisions we can based on the facts as we understand them," Jennings said in a statement Monday. "Given the serious issues that the FBI’s errors have raised, I believe that this review is the most responsible step we can take."

Currently, 12 cases with criminal convictions prior to 2000 that involved FBI testimony on hair evidence – some of which date back to the early 1980s – have been or will be reviewed by experts from the Prosecutors’ Center for Excellence. The nonprofit offers numerous services, including technical assistance, expert advice and consulting on prosecutorial matters.

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The first review is focused on cases where this evidence or testimony was part of the considered evidence against a person, and cases where the defendant was found guilty by trial or plea and remains in prison, said DOJ Spokesman Mat Marshall. Cases that have not received any post-conviction litigation are also a priority in this first review, he said.

"Once those reviews are complete, the review will likely move on to those living defendants who are not in jail but have convictions from a trial or plea on the record in which the hair evidence played a role," Marshall said in an email Monday.

The FBI conducted its own internal review of trial transcripts involving this evidence and found "widespread error" in cases across the country – at least 90 percent of transcripts reviewed had "erroneous statements or lab reports from FBI examiners," according to the DOJ's release.

Since then, the FBI has been notifying prosecutors, including those in Delaware, about cases that may have been affected by this testimony.

The News Journal story involved Elmer Daniels, who was sentenced to life in prison on rape charges after numerous pieces of evidence were presented at trial, including flawed hair evidence.

His attorney said Delaware was not going to review the case or make any effort to review the evidence, despite the FBI's notification regarding the testimony. Daniels' attorney, who took on the case pro bono, hired a private investigator and found Daniels not guilty due to evidence presented and the poor defense he received during his trial.

Flawed testimony led to his conviction 39 years ago. Now, prosecutors say he can go free.

The state, however, contended that the evidence available aside from the hair testimony was still enough to convict him. Due to the time Daniels had already served on his sentence, a judge, with the DOJ's support, allowed him to go free.

"I'm very concerned Mr. Daniels is not the only one languishing in prison," said Daniels' attorney, Emeka Igwe, after his client's release.

Though the DOJ said no specific case prompted this review, it was a recommendation made to Jennings from outgoing Attorney General Matt Denn as a "pending issue" for the state.

The DOJ was clear in its release Monday that just because flawed testimony is found in a case doesn't mean a verdict will be overturned.

"Any finding that a Delaware conviction used questionable hair evidence would not necessarily cast doubt on the case’s resolution if additional evidence, such as confessions or DNA analysis, supported the conviction," the state said in its statement.

The DOJ said several cases are "already in post-conviction litigation" due to the notifications given to both Delaware prosecutors and the defendants and defense attorneys involved in cases where hair evidence was presented.

According to the state, the DOJ has supported retesting hair evidence with current technology in one of those cases.

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Ultimately, this effort from the state is to determine whether those in prison are serving just sentences for their charges and convictions. This falls in line with recent reforms announced by Jennings to ensure Delaware's criminal justice system is best serving its population.

“Attorney General Jennings is making the right decision by opting for a proactive, independent review of convictions that could be affected by the FBI’s admission of error in its hair analysis," said Kristine Hamann, executive director of the Prosecutors Center for Excellence, who is a former Independent Counsel to the District of Columbia U.S. Attorney’s Office’s Conviction Integrity Unit.

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Have you had a difficult situation with Delaware's criminal justice system? Contact Brittany Horn at (302) 324-2771 or bhorn@delawareonline.com. Follow her on Twitter at @brittanyhorn.