Thursday, April 22, 2010

DAVID KOFOED: CONVICTED OF EVIDENCE TAMPERING; CRIME SCENE CHIEF TO APPEAL DISMISSAL;


""I TRY NOT TO READ THE PAPER. SOME PEOPLE THINK HE'S THE DEVIL INCARNATE WALKING AROUND," SAID (DEFENCE LAWYER) STEVE LEFLER. "SOME PEOPLE THINK HE'S THE GREATEST GUY. I'VE GOTTEN TO KNOW HIM IN THE LAST SEVERAL YEARS, AND HE TRULY IS A GREAT PUBLIC SERVANT." THE FIRING IS THE LATEST BLOW TO THE FORMER CHIEF, WHO LEARNED TUESDAY THAT THE COUNTY WOULD NOT PAY THE LEGAL FEES KOFOED RACKED UP DURING HIS CRIMINAL TRIALS."

KETV OMAHA;

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BACKGROUND: (David) Kofoed's work came into question after his 2006 investigation into the slaying of a rural Cass County couple, Wayne and Sharmon Stock. Detectives zeroed in on the couple's nephew and his cousin, but found no physical evidence tying the two to the killings. They managed to get a confession from the nephew, but he retracted it the next day. A day later, Kofoed said he found a drop of one of the victims' blood in a car linked to the suspects that had already been combed over by another forensic investigator. The suspects were charged with murder and jailed for several months before being released because prosecutors determined the confession was unreliable and didn't fit the facts of the case. A man and woman from Wisconsin eventually pleaded guilty to murdering the couple and are serving life prison terms. The FBI began investigating Kofoed after the slain couple's nephew filed a lawsuit alleging civil rights violations. The agency's findings led authorities to charge Kofoed with evidence tampering in April. During his trial, Kofoed blamed the speck of blood found in the car on accidental contamination. But Cass County District Judge Randall Rehmeier said he didn't buy it, and that the evidence showed Kofoed intentionally planted the blood in the car...Kofoed has not been charged in any other investigation. He remains free on bond, but is due back in court in May for sentencing. He faces up to five years in prison and a $10,000 fine. Kofoed has not responded to a request for comment made to his attorney, Steve Lefler, who said Kofoed may appeal...Before issuing his verdict, Rehmeier said there were similarities between that investigation and one in which a man, Ivan Henk, was convicted of murdering his young son, whose body was never found. In both cases, there were confessions by the suspects and a lack of physical evidence to corroborate them until Kofoed found a speck of blood that had previously been overlooked, the judge said. (Associated Press);

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"OMAHA, Neb. --Former Douglas County crime scene chief David Kofoed has lost his job,"
the KETV OMAHA story, published in March 31, 2010, under the heading, "David Kofoed Says He'll Appeal Firing"Felony Conviction Violates Department Rules, Sheriff Says."

"Kofoed faced a disciplinary hearing after his felony conviction of evidence tempering earlier this month in a state trial," the story continues.

"Kofoed's boss, Sheriff Tim Dunning, said Kofoed was given an opportunity at the hearing to present mitigating circumstances before a decision was made.

Dunning said the department made the decision after a "careful consideration of all facts surrounding the case."

"A felony conviction is a violation of both Sheriff’s Office policy and Civil Service rules," Dunning said in a statement released Wednesday afternoon.

Kofoed said he'll appeal the decision to the Civil Service Commission and he'll appeal his felony conviction in court.

"You know, I did a good job for the last 10 years … it's time to move on," Kofoed said.

Kofoed's attorney said the firing is a loss to the county.

"I try not to read the paper. Some people think he's the devil incarnate walking around," said Steve Lefler. "Some people think he's the greatest guy. I've gotten to know him in the last several years, and he truly is a great public servant."

The firing is the latest blow to the former chief, who learned Tuesday that the county would not pay the legal fees Kofoed racked up during his criminal trials.

Kofoed said he owes his attorney thousands of dollars but has no money.

Lefler will continue to represent Kofoed during his criminal appeal."

The story can be found at:

http://www.ketv.com/news/23015552/detail.html

Harold Levy...hlevy15@gmail.com;