"Kofoed was the commander of Douglas County's CSI unit, one of the state's largest crime labs that handles cases from across Nebraska and some other states. Prosecutors said Kofoed planted a speck of blood in a car linked to Livers and Nicholas, but Kofoed blamed accidental contamination. The blood was the only physical evidence that tied the two men to the shotgun slayings of Wayne and Sharmon Stock of rural Murdock, and it helped keep both in jail. A man and woman from Wisconsin eventually pleaded guilty to murdering the couple and are serving life prison terms."
Reporter Josh Funk: The Associated Press;
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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 remained free on bond, but was due back in court for sentencing. He faced up to five years in prison and a $10,000 fine. ...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.
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"PLATTSMOUTH, Neb. — The former chief crime scene investigator of Nebraska's most populous county was sentenced to up to four years in prison Tuesday for planting blood evidence in a 2006 murder investigation," the Associated Press story by reporter Josh Funk, published on June 1, 2010 under the heading, "Ex-CSI chief gets prison for evidence tampering," begins.
"David Kofoed, 53, was sentenced to between 20 months and 4 years in prison for tampering with evidence in a Cass County case in which two men were wrongly charged in a double murder. The men spent several months in jail before they were cleared," the story continues.
""Nothing should undermine the confidence in the system," Cass County District Judge Randall Rehmeier said after reading excerpts from letters written by the two men.
Rehmeier, who could have sentenced Kofoed to probation or a maximum of five years in prison, said the seriousness of the crime merited prison.
"I think there is some poetic justice to the sentence," special prosecutor Clarence Mock said, noting that Kofoed must spend 10 months in prison — roughly the combined total that Matthew Livers and Nicholas Sampson spent behind bars — before he is eligible for parole.
Kofoed maintains his innocence and plans to appeal his March conviction.
Kofoed was the commander of Douglas County's CSI unit, one of the state's largest crime labs that handles cases from across Nebraska and some other states.
Prosecutors said Kofoed planted a speck of blood in a car linked to Livers and Nicholas, but Kofoed blamed accidental contamination.
The blood was the only physical evidence that tied the two men to the shotgun slayings of Wayne and Sharmon Stock of rural Murdock, and it helped keep both in jail. A man and woman from Wisconsin eventually pleaded guilty to murdering the couple and are serving life prison terms.
Rehmeier set a $50,000 cash bond Tuesday that could have allowed Kofoed to remain free while he appeals, but defense attorney Steve Lefler said his client couldn't afford it. Kofoed was escorted to jail after the hearing.
Lefler argued for probation, saying Kofoed had been punished enough. He lost his career after the conviction and his house and truck because of the cost to defend himself.
"I'm disappointed that Dave is doing any jail time at all," Lefler said.
Mock said the sentence was appropriate. Livers and Sampson asked the judge to impose a severe sentence.
"The harm Mr. Kofoed committed against me is almost beyond description," Sampson wrote in his letter to the judge.
Mock expects a flood of appeals to be filed challenging cases Kofoed worked on during the past two decades. Douglas County prosecutors said they've reviewed several cases he was involved with and spotted no signs of tampering.
Kofoed had been commander of Douglas County's CSI unit since 2000 before he was fired in March. Sheriff's Department rules prevent anyone with a felony conviction from working there, but Kofoed maintains his innocence and is appealing his firing. He passed a polygraph test about how he handled evidence during an internal department investigation in 2008.
Kofoed had been on paid leave since April 2009, when he was indicted on related federal charges. He was acquitted on those charges last fall."
The story can be found at:
http://www.google.com/hostednews/ap/article/ALeqM5hRklP14iedGcfsXq0zrU7enYgZZQD9G2QCP00
Harold Levy...hlevy15@gmail.com;
