Wednesday, August 25, 2004 · Last updated 7:33 p.m. PT
Supreme Court asked to order probe into state crime lab
By BOB ANEZ
ASSOCIATED PRESS WRITER
HELENA, Mont. -- An advocacy group for the wrongly convicted asked the
Montana Supreme Court on Wednesday to order a sweeping investigation into
whether more than two men may have been convicted based on faulty analysis
conducted at the Montana State Crime Lab.
The New York-based Innocence Project, along with defense attorneys and
others, asked the high court to conduct a hearing and ask Attorney General
Mike McGrath why he has not ordered such an investigation on his own.
Specifically, the court was asked to find out why McGrath has not scoured
the cases handled by former crime lab director Arnold Melnikoff, whose work
came under fire in 2002, when Jimmy Ray Bromgard was freed after 15 years in
prison when DNA analysis proved he did not rape an 8-year-old girl.
In early May 2003, DNA evidence also exonerated Paul Kordonowy of a rape,
though he remains in prison on a separate rape conviction.
Melnikoff provided hair analysis in both cases and testified at both men's
trials that there was less than a 1-in-10,000 chance that hair found at the
crime scenes belonged to someone other than the defendants. He used a
probability theory on hair comparisons that critics say has no scientific
basis.
Melnikoff headed Montana's state crime lab from 1970 to 1989, when he went
to work for the Washington State Patrol's crime lab in Spokane
End Quote
What they aren't telling you about DNA profiles
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Indigenous DNA testing in doubt
Reporter: Mick O'Donnell
KERRY O'BRIEN: A landmark case in Western Australia has been testing, not
only the reputation of one of the State's most prominent Aboriginal leaders,
but also the use of DNA against Aboriginal suspects.
Robert Bropho has long been a controversial figure in the politics of the
Nyungah people in Western Australia.
In recent years, he's been facing decades-old allegations of rape, hinging
on the paternity of a young man born to his accuser.
The case has been revived, after it was abandoned four years ago because of
problems with the DNA evidence.
Now, expert evidence in the case has questioned using DNA for all criminal
cases involving Aboriginal defendants.
{ Snip }
MICK O'DONNELL: With no other witnesses to the alleged rapes and with Lena
Spratt's credibility questioned by the defence because of her stints in a
psychiatric hospital, the case against Robert Bropho rests heavily on the
DNA.
EMERITUS PROFESSOR BARRY BOETTCHER, GENETICIST: I would never have brought
it to court.
MICK O'DONNELL: Barry Boettcher is a geneticist and world authority on blood
types.
He gave expert evidence in the Azaria Chamberlain case, challenging the
claims of foetal blood being found in the Chamberlains' car.
In the Bropho case, he's again been deeply sceptical of the evidence
presented by the Crown.
EMERITUS PROFESSOR BARRY BOETTCHER: Unfortunately, about Aboriginal
populations we really don't have sufficient information to give accurate
information to the court.
MICK O'DONNELL: Barry Boettcher says evidence from around Australia shows
that Aboriginal people in small regional groups do not reproduce randomly,
but are constrained by strict intermarriage laws.
He told the court this would throw out the figures using a DNA database of
the general population.
Therefore the evidence is not valid?
EMERITUS PROFESSOR BARRY BOETTCHER: That's correct, the evidence is not
valid.
MICK O'DONNELL: Yet the prosecution has told the court the DNA tests show Mr
Bropho is over 3,000 times more likely than anyone else in WA to be Kane
Spratt's father.
SIMON WALSH, UNIVERSITY OF TECHNOLOGY, SYDNEY: For a paternity
investigation, a figure in the order of 3,000 is actually quite a convincing
figure.
MICK O'DONNELL: Simon Walsh is a forensic biologist from the University of
Technology in Sydney.
He's analysed the DNA evidence against Mr Bropho for the court and says much
weaker DNA tests of paternity -- less than 500 to 1 -- are routinely
accepted in the Family Court.
SIMON WALSH: For the purposes of the Family Court, then that would be
accepted, yes.
MICK O'DONNELL: The experts from both sides in the court agree the
Aboriginal samples in WA's DNA database are different.
The genetic codes in Aboriginal people don't just pop up randomly on the DNA
helix from one generation to the next.
The DNA codes don't combine randomly, as the experts put it, because
Aboriginal people don't mate randomly.
The court heard that in cases overseas involving minority groups like Maoris
and Native Americans, the effects of interbreeding and marriage restrictions
on DNA are corrected for mathematically.
Simon Walsh told the court the same statistical model could be applied here
to Aborigines.
SIMON WALSH: Used appropriately, it will be conservative and it will be fair
and it will provide for the courts statistics that can be relied upon.
MICK O'DONNELL: But defence lawyer Richard Utting told the court the DNA lab
involved, PathCentre WA, has been making "reckless guesses" about Aboriginal
defendants.
"Goodness knows how many innocent people were convicted," he said.
Outside the court, Simon Walsh conceded that if the judge rejects the DNA
evidence in the Bropho case, it will have extreme consequences for all cases
involving Aborigines and DNA.
SIMON WALSH: The criticisms that have been made, or the conjections that
have been raised, with regards to the model would certainly undermine its
use in, not just paternity cases, but other types of criminal cases as well.
MICK O'DONNELL: So this case will decide much more than just whether Robert
Bropho raped Lena Spratt and fathered Kane Spratt.
End Quote
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Paul Nutteing
08-26-2004, 03:30 PM
And back to Houston.
Perhaps boxes were removed from under the leaking roof
http://www.click2houston.com/news/3684366/detail.html
Quote
Hundreds Of Forgotten Evidence Boxes Found In Crime Lab
8,000 Boxes Of Evidence To Check
POSTED: 3:08 pm CDT August 26, 2004
UPDATED: 3:45 pm CDT August 26, 2004
HOUSTON -- Hundreds of boxes of evidence were mislabeled and improperly
stored in the Houston Police Department's Crime Lab, Chief Harold Hurtt told
Local 2 Thursday.
About 280 boxes of evidence, dated from the late 1970s to the early 1990s,
are involved.
The boxes were likely mislabeled during resubmissions to the property room
from the crime lab, he said.
Named "Project 280," Hurtt ordered each box be opened and the contents
inventoried, catalogued and linked to the appropriate case.
Officials have examined 5 percent of an estimated 8,000 cases that may have
been improperly stored. In order to prevent cross-contamination or
degradation, and to ensure proper documentation, the process is very
methodical and deliberate, police said.
A staff is working on the project two shifts a day, seven days a week.
The entire process is expected to take about a year.
"This is exactly what I asked the Chief to do -- a thorough review of issues
related to forensic evidence and how we address them," Mayor Bill White
said. "The chief got right on it and we're seeing the results. Our system of
archiving evidence is unacceptable and he is addressing it. He has my full
support and confidence."
The city shut the police department lab's DNA section in 2002 because of
possible evidence contamination and improper employee training.
Houston's DNA section has remained closed since an audit revealed its
analysts lacked training, insufficiently documented cases and may have
allowed evidence to be exposed to contaminants. Hundreds of DNA cases where
analysis originally performed by the police department have been undergoing
retesting since March 2003.
End Quote
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Paul Nutteing
08-27-2004, 12:04 AM
More on Houston cock-up
http://www.nytimes.com/2004/08/27/national/27lab.html
Quote
Lost Evidence Is Found in Houston Crime Lab
By RALPH BLUMENTHAL
Published: August 27, 2004
OUSTON, Aug. 26 - Internal police investigators looking into the already
discredited Houston police crime laboratory have found 280 boxes of lost
evidence that include a fetus and body parts and involve some 8,000 cases,
including murders, going back to the 1970's, the Houston police chief
announced Thursday.
The unexpected disclosure by Chief Harold Hurtt that the items were found a
year ago, before his arrival, staggered defense lawyers and criminal justice
officials, who said they could not begin to assess the effect on an already
overworked criminal justice system.
The cases affected date from about 1979 to 1991, Chief Hurtt said. "Some of
them are open cases, open murder cases," he said.
After his announcement, at downtown Police Headquarters, reporters were
shown to a 24th-floor office where cartons stacked from floor to ceiling
were being opened, emptied and cataloged by a half-dozen laboratory workers
in face masks and rubber gloves.
Chief Hurtt said it could take up to a year to sort out the material and
match it to inmates in prison or suspects in other cases. Some of the
evidence, he said, may be linked to the 379 cases in which prisoners
convicted in Harris County have requested the retesting of DNA evidence to
establish their innocence.
Chief Hurtt, who arrived from Phoenix in February with a mandate to clean
house, said the boxes, mislabeled with case numbers that did not reflect the
evidence workers had been "shoveling" inside, were found last August in a
police property room where they had been sent by the laboratory. He said
that the significance of the discovery had not been immediately recognized,
that he had been made aware of it only in April or May and that the
inventorying of the contents did not begin until last week.
Capt. Mark Curran of the inspections division said the items included "a
fetus that had been tagged and brought back" and "some other body parts from
different homicide cases."
Asked how the department could have lost track of so much evidence, Chief
Hurtt cited unnamed laboratory staff members and said, "What we know right
now has happened because of poor work habits and sloppy efforts." The
laboratory's toxicology division, which tested DNA, blood and hair evidence,
was shut down in January 2003 after an audit found that technicians there
were poorly trained, kept shoddy records and misinterpreted data. One
prisoner, Josiah Sutton, convicted of rape at 16 in 1999, was released last
year and pardoned after DNA retesting showed the Houston crime laboratory's
results implicating him had been faulty.
The Harris County district attorney, Chuck Rosenthal, whose prosecutorial
district is the third-largest in the country, after those of Los Angeles and
Chicago, said his felony trial bureau and writs section took the news hard.
"I thought they were going to cry," Mr. Rosenthal said.
Defense lawyers voiced amazement. "This is in a league by itself," said
Barry Scheck, a defense lawyer and director of the Innocence Project, which
represents prisoners claiming to have been unfairly convicted. He called the
mishandling of evidence "unparalleled in the Houston police lab's legacy of
fraud, incompetence and confusion."
Earlier this month, the group attacked as faulty the testimony of the former
supervisor of the laboratory's DNA section, James Bolding, that sent a
Houston man, George Rodriquez, to prison for 17 years for rape. The real
evidence, Mr. Scheck said, pointed to another man.
Chief Hurtt, in a written statement Thursday, noted that Mr. Bolding had
"inappropriately documented" property in another case. Mr. Bolding, who
resigned in June 2003 in the face of a recommendation by the chief at the
time that he be fired, did not respond to a telephone message left at his
home.
Mayor Bill White, who took office this year succeeding Lee P. Brown, a
former New York City police commissioner and a three-term occupant of City
Hall, called the mishandling of evidence intolerable, adding, "It's hard to
get away from the fact that sloppiness in anything of this matter is
inexcusable." But he said he had confidence in Chief Hurtt, whom he
appointed.
Mr. White said that while no current prosecutions seemed affected by the
misplaced evidence, he was hopeful that the recovered evidence could
establish the innocence of wrongfully convicted prisoners.
Mr. Rosenthal, the district attorney, said that in some of the 379 cases in
which prisoners had filed for the retesting of DNA evidence that convicted
them, the police reported that the evidence had been destroyed or lost, and
so prosecutors told the courts that it was unavailable. Now, he said, his
lawyers may have to go back to court to say some of the evidence, if found,
is available after all.
Chief Hurtt said there were more questions than answers at this point. He
said he was in the process of hiring outside investigators and a project
manager to conduct the inquiry. "We don't know what we have in these boxes,"
he said.
Asked if anyone should be held accountable, he said, "If we need to conduct
further investigations, whether administrative or criminally, we will do
that."
Captain Curran said he and the chief were themselves astonished at the
multitude of boxes. "Yes, they're bigger than I thought," he said, "and the
chief, when he saw them, he said, 'Wow, they're big.' "
Maureen Balleza contributed reporting for this article.
End Quote
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Paul Nutteing
09-03-2004, 10:34 AM
http://www.abc.net.au/perth/news/200409/s1192017.htm
Quote
Man found not guilty of double rape charge
Friday, 3 September 2004
An Aboriginal activist has walked free from a Perth court, after being found
not guilty of two rape charges.
Robert Bropho was found not guilty of raping a woman on two occasions when
she was a teenager in the 1970s.
It had been alleged Mr Bropho fathered one of her children.
District court judge Robert Mazza said he could not be satisfied that the
DNA evidence presented in the trial proved Mr Bropho was the father.
Mr Bropho's lawyer Richard Utting says the case raised issues about the use
of DNA evidence in cases involving Aborigines.
"It does show considerable difficulties with calculating DNA from Aboriginal
people," he said.
End Quote
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Paul Nutteing
09-04-2004, 12:18 AM
http://home.hamptonroads.com/stories/story.cfm?story=75230&ran=232650
Quote
Warner weighs plan to test crime DNA
NORFOLK — Gov. Mark R. Warner is considering testing DNA
evidence from a random sample of criminal cases after a third man was
exonerated based on evidence found in the files of a state lab
analyst.
Warner asked the state lab for a DNA testing plan on Aug. 25, two days
after Arthur Lee Whitfield was freed from prison, said Dr. Paul
Ferrara, director of the state Division of Forensic Science. DNA tests
showed that Whitfield, who served nearly 22 years, did not commit the
two rapes he was convicted of in Norfolk in 1982.
The evidence that cleared Whitfield came from the files of Mary Jane
Burton, a serologist who worked at the lab from 1974 until 1988.
Evidence she saved also cleared two other men convicted of rape,
Julius Earl Ruffin and Marvin L. Anderson.
Ruffin was convicted in Norfolk in 1981 and served 21 years in prison
before his name was cleared. The DNA results implicated another man in
the crime. Anderson was convicted of a July 1982 rape in Hanover
County and served 15 years before being paroled. DNA cleared him after
his release.
Whitfield’s exoneration has raised questions about what’s
inside the files of the Division of Forensic Science, which runs four
labs that conduct DNA testing and other lab work in criminal cases,
said Ellen Qualls, a spokeswoman for Warner.
Warner asked Ferrara to outline how such a random sample could be
undertaken, and how much it would cost. Ferrara submitted his plan to
the governor Tuesday. The governor and his legal counsel are reviewing
Ferrara’s proposal and are expected to approve it, possibly with
changes, early next week, Qualls said.
It is unclear how long the research would last or how many files would
be searched. As many as five serologists may have saved samples of
biological evidence they worked with, Ferrara said Friday.
Michael F. Fasanaro Jr. , the attorney who represented Whitfield,
praised the governor’s request.
“It can’t hurt,” Fasanaro said. “What can they
lose? If something turns up positive or negative, they may say we have
to test everything.”
Andrew Sacks, a vice president of the Virginia Trial Lawyers
Association, has arranged a conference call for Wednesday to discuss
DNA testing in light of Whitfield’s release. Since the law
changed in 2001 to allow requests for post-conviction DNA testing, the
petitions of most Virginia inmates who have sought the tests have been
denied.
In Hampton Roads, circuit court judges rejected at least 29 of the
approximately 48 requests filed . Of those who were granted the
testing, only Whitfield and Ruffin were exonerated and released from
prison.
Statewide, eight men have been cleared of rape or murder charges
through DNA testing. Those cases have caused many in the legal
community to question how DNA petitions and criminal evidence are
handled.
While some commonwealth’s attorneys don’t oppose testing,
others work vigorously to prevent it.
Charles Fox Urquhart, the deputy commonwealth’s attorney who
handles DNA test requests in Suffolk, said his policy is to
“oppose them all.”
Eight people have filed for the testing in Suffolk, and all but one
was denied. In the case where testing took place, results were
inconclusive.
Urquhart said if he saw a case such as Whitfield’s or
Ruffin’s, he would probably agree to the test.
“But in a lot of them, it just doesn’t make sense,”
he said.
In Virginia Beach, prosecutors opposed six of the seven DNA test
requests that have come in, said Commonwealth’s Attorney Harvey
L. Bryant III.
Norfolk prosecutor Philip G. Evans II said that when he opposes DNA
testing or preservation, it is usually because evidence has been
destroyed or was never collected. In some cases, Evans opposes testing
because both the evidence and the DNA methods were available at the
time of trial.
“For most cases we’ve been impartial,” Evans said.
In the Ruffin and Whitfield cases, the Norfolk prosecutor’s
office acted quickly to free the men once tests showed they were not
guilty.
Commonwealth’s Attorney John R. Doyle III learned on a Friday
that DNA evidence had cleared Whitfield. The next Monday, Whitfield
took a bus home.
A spokesman for Portsmouth Commonwealth’s Attorney Earle C.
Mobley said the office has received two or three requests –
there was no record of the exact number – for testing and none
were opposed.
Representatives from organizations that work to free wrongly convicted
people argued that prosecutors should not oppose requests for DNA
testing.
“DAs and prosecutors are like little children with their hands
over their ears and eyes,” said Jim McCloskey , executive
director of Centurion Ministries in Princeton, N.J.
Norfolk prosecutor Evans disagreed.
“The bottom line for most prosecutors, at least for myself and
the people in this office, is that our fundamental obligation is to
the truth,” Evans said. “If we find the truth, we have
upheld justice in each case.” Some of the people who have sought
testing were convicted based on overwhelming evidence against them.
For example, Curtis Lee White II confessed and pleaded guilty in 1998
to rape, murder and sodomy at a back-to-school slumber party in the
Camelot section of Chesapeake. Four people placed him at the scene of
the crime – his former girlfriend’s house – and DNA
in semen found in one of the victims matched White’s genetic
code. White’s motion for DNA retesting was denied. He is serving
life plus 113 years.
A man convicted of two Norfolk murders asked for testing despite
testimony at trial that one of the victims named him as her killer
with her dying breaths.
In some cases, testing reaffirmed a defendant’s guilt.
Ronald W. Hockman was convicted of rape in Virginia Beach. Hockman
maintained he had nothing to do with the crime. But the test showed
the presence of his DNA in crime scene material.
Defense attorneys and at least one state senator said Virginia needs
to ensure that post-conviction DNA testing is fair, that evidence is
properly maintained and that someone keeps track of such cases.
Vanessa Potkin, a lawyer with the Innocence Project in New York, said
in many cases there is “no rhyme or reason” why judges
order the destruction of evidence.
Court clerks rely on the state code to determine what evidence should
be kept and what should be discarded. The code allows clerks to donate
or destruct evidence after a defendant’s appeals have been
exhausted, or when time to file an appeal runs out.
In Norfolk, police destroy evidence when the lead investigator in a
case says it is OK to do so, said Lt. Paul Midgett, who runs the
department’s evidence storage.
McCloskey from Centurion Ministries said biological evidence should be
preserved indefinitely.
“I can’t tell you how many cases of strong possible
innocence we take on … and when we come along, lo and behold, it
cannot be found,” he said. “There’s no paper trail.
It drives me nuts.”
Norfolk Commonwealth’s Attorney Doyle said the current system
provides a way for any person convicted of a felony to ask for the
storage of evidence after trial. Prosecutors now ask for DNA testing
before trial in nearly every case in which it is available.
“I just don’t think it makes sense in every single
case,” to keep all evidence indefinitely, Doyle said. “In
the vast majority of cases, the defendant did it and pleads
guilty.”
Some lawyers also question how the DNA petition process works.
P otkin argued that the state should give defendants access to lawyers
before they attempt to file for DNA testing. She has found defendants
who can’t write a motion because they are mentally unfit or
illiterate.
Some of the petitions filed in Norfolk were nearly indecipherable
scrawls, or mere hand-written copies of the state code. Most
defendants who seek DNA testing are indigent and unable to hire a
lawyer because they have been in prison for years.
“These are the most vulnerable people,” Potkin said.
“How are they supposed to make sure that their evidence still
exists? It’s very impractical and it leaves a big
loophole.”
In light of the Whitfield case, the General Assembly will need to
revisit the DNA issue next session, said Kenneth W. Stolle, the
Virginia Beach state senator who chairs the Courts of Justice
Committee.
He predicted legislators will reduce the number of “hoops”
defendants have to jump through to DNA testing.
Whitfield’s case also calls into question the law that forbids
DNA tests for someone who pleads guilty, Stolle said. Whitfield
originally pleaded innocent, but after being convicted by a jury in
one case, he pleaded guilty to another rape in exchange for a reduced
sentence.
“I think that’s something that ought to be
revisited,” Stolle said.
Staff writer Bill Burke contributed to this report. Reach Michelle
Washington at 446-2287 or michelle.washington @pilotonline.com. Reach
Tim McGlone at 446-2343 or tim.mcglone@pilotonline.com.
End Quote
What they aren't telling you about DNA profiles
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Roger J. P. Jones
09-05-2004, 03:39 AM
In message <1622f08.0409032318.51ed7eb1@posting.google.com>, paul
nutteing <nutteing@quickfindit.com> writes
(MAKES)
In the below VASTLY the most far-reaching input ever to uk.legal!!
OUSTON, Aug. 26 - Internal police investigators looking into the already
discredited Houston police crime laboratory have found 280 boxes of lost
evidence that include a fetus and body parts and involve some 8,000
cases,
including murders, going back to the 1970's, the Houston police chief
announced Thursday.
The unexpected disclosure by Chief Harold Hurtt that the items were
found a year ago, before his arrival, staggered defense lawyers and
criminal justice officials, who said they could not begin to assess the
effect on an already overworked criminal justice system.
================
================
Am I to understand that the USA learnt other than English from the
British
Jones.
--
Roger J. P. Jones
Paul Nutteing
09-11-2004, 12:30 AM
http://www.kansas.com/mld/eagle/news/local/crime_courts/9636371.htm
Part Quote
Walker defined a DNA sweep as "a situation where the police ask a number of
individuals to give voluntary DNA samples in an effort to identify the
perpetrator of a crime or series of crimes."
Wichita police have collected hundreds of DNA samples in the latest round of
their BTK investigation, some from men identified as suspects through a BTK
tip line.
Walker said Friday that he decided to look into the issue in June after a
controversy arose from an Omaha police decision to collect DNA samples in a
serial rape case.
The list of suspects was eventually narrowed to 30 black men who worked at
the Omaha Public Power District. Walker said the case remains open.
Walker said he did his research using Internet search engines and LexisNexis
searches of news articles.
Among the findings:
Police in Miami collected 2,300 DNA samples in 1994 during an investigation
into the murders of six prostitutes. The case eventually was solved when a
potential victim freed herself, began pounding on a wall, and police were
alerted.
Police in Baton Rouge, La., collected 1,200 DNA samples from white men
during a serial murder investigation. A black man was eventually charged
with the crimes.
Police in San Diego collected 800 DNA samples during an investigation into
the stabbing deaths of six people. The killer refused to give a sample but
was tied to the crime after he was arrested in another case. A DNA sample
taken after his arrest matched DNA found at the earlier crime scene.
Walker said the one successful DNA sweep occurred in 1998 in Lawrence,
Mass., where police investigating the rape of a nursing home resident
collected samples from 25 men who had access to the 24-year-old comatose
victim. The DNA sweep identified the nurse's assistant who had impregnated
the victim.
Walker scoffed at the notion that solving one out of 18 cases was better
than not using DNA sweeps and solving none.
"I think it's a very bad record," he said.
"If you're a prosecutor taking cases to trial and you win one out of 18,
that's a terrible record.
"It's much more consequential when you're talking about police searching
people. That's a very serious business."
Walker said in some of the investigations he studied, police used tip lines
like the one now being used by Wichita police.
"There's actually a separate issue on these tip lines," he said. "They've
been totally unproductive. Every wacko in the world calls in."
Eight of the cases studied by Walker remain unsolved, and nine were solved
by methods that did not involve a DNA sweep. Of the 18 cases, he said, five
involved murders, eight involved rapes and five involved both crimes.
End Quote
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