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"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009; http://www.t-mlaw.com/blog/post/the-elephant-in-the-crime-lab/
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PASSAGE OF THE DAY: "After a six-day trial, the verdict was swift. Guilty.But jurors made their decision without knowing a crucial detail. Jose Ovalle, one of the deputies who also booked the evidence, had been suspended five years earlier for pouring taco sauce on a shirt to mimic blood in a criminal case. He nearly lost his job. Ovalle’s past was kept secret for years from prosecutors, judges, defendants and jurors, even though he was a potential witness in hundreds of criminal cases that relied on his credibility, according to a Times investigation. The deputy took the stand in 31 cases before the district attorney’s office found out about his misconduct."
STORY: "An L.A. County deputy faked evidence. Here's how his misconduct was kept secret in court for years," by reporters Corina Knoll, Ben Poston and Maya Lau, published by The L.A. Times on August 9, 2018.
PHOTO CAPTION: "The California Supreme Court will decide whether law enforcement agencies can tell prosecutors if a police witness has a record of serious discipline."
GIST:
"They were at the tail end of their overnight shift when they spotted
Gerald Simmons near a vacant lot in Inglewood. The two Los Angeles
County sheriff’s deputies said they saw the 43-year-old toss a plastic
baggie of rock cocaine to the ground. Their testimony would become the
backbone of the 2009 criminal case against Simmons. After a six-day
trial, the verdict was swift. Guilty.
But jurors made their decision without knowing a crucial detail. Jose
Ovalle, one of the deputies who also booked the evidence, had been
suspended five years earlier for pouring taco sauce on a shirt to mimic
blood in a criminal case. He nearly lost his job. Ovalle’s
past was kept secret for years from prosecutors, judges, defendants and
jurors, even though he was a potential witness in hundreds of criminal
cases that relied on his credibility, according to a Times
investigation. The
deputy took the stand in 31 cases before the district attorney’s office
found out about his misconduct. Once his credibility came into
question, prosecutors offered some career criminals generous plea deals
in pending cases or dropped charges altogether. Some went on to commit
serious crimes. Ovalle is not an isolated example.
Misconduct by law enforcement officers who testify in court is routinely
kept hidden by California’s police privacy laws. The
U.S. Supreme Court requires prosecutors to inform criminal defendants
about an officer’s wrongdoing — but the state’s laws are so strict that
prosecutors cannot directly access the personnel files of their own
police witnesses. Instead, California puts the burden on defendants to
prove to a judge that an officer’s record is relevant. Times
reporters reviewed documents from hundreds of criminal cases in which
the district attorney’s office identified Ovalle as a potential witness
after he was caught faking the bloody evidence in 2003. Few
defendants tried to obtain information about Ovalle’s past. A handful
of those who did weren’t given information about the deputy’s
discipline. Judges never gave them a public explanation for why it
wouldn’t have been relevant. By the time the district
attorney’s office learned about Ovalle’s misconduct, he had been a
potential witness against 312 defendants. More than 230 were convicted. A Times investigation last year identified Ovalle and others on a secret Sheriff’s Department list of deputies whose misconduct
included falsely testifying in court, pulling over a motorist and
receiving oral sex from her while on patrol, and tipping off a drug
dealer’s girlfriend about a narcotics bust. Los Angeles County Sheriff Jim McDonnell wanted to disclose
the so-called Brady list of about 300 officers to prosecutors, but the
deputies union went to court to stop him. The state’s Supreme Court will soon decide
whether McDonnell and other law enforcement agencies can tell
prosecutors if a police witness has a record of serious discipline. An
appellate court has ruled they cannot."
The entire story can be read at:
The entire story can be read at:
http://www.latimes.com/local/california/la-me-brady-list-secrecy-court-20180809-htmlstory.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
Harold Levy: Publisher; The Charles Smith Blog;
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
Harold Levy: Publisher; The Charles Smith Blog;
