AUSTIN DNA LAB: WHAT'S WITH THESE CRIME LABS IN TEXAS? WHISTLEBLOWER PROMPTS HIRING OF "OUTSIDE EXPERT"; THE STATESMAN";

"Authorities said Wednesday that they will hire an outside expert to review the operations of the Austin police DNA lab after a former employee raised numerous concerns, including the quality of testing, that could impact thousands of criminal cases.

Travis County prosecutors also began notifying hundreds of defense attorneys about the allegations by former DNA analyst Cecily Hamilton, which included allowing workers to perform tests they are not capable of doing, documents show.

Prosecutors are still seeking to confirm the number of affected cases — they think it could reach 2,000 — and how many have been resolved or are pending."

REPORTER TONY PLOHETSKI: THE STATESMAN (STATESMAN.COM); Wikipedia informs us that, "The Austin American-Statesman is the major daily newspaper for Austin, the capital city of Texas."

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"Authorities said Wednesday that they will hire an outside expert to review the operations of the Austin police DNA lab after a former employee raised numerous concerns, including the quality of testing, that could impact thousands of criminal cases," the Statesman's July 7, 2010 story by reporter Tony Plohetski begins, under the heading, "Authorities looking into DNA lab allegations."

"Travis County prosecutors also began notifying hundreds of defense attorneys about the allegations by former DNA analyst Cecily Hamilton, which included allowing workers to perform tests they are not capable of doing, documents show," the story continues.

"Prosecutors are still seeking to confirm the number of affected cases — they think it could reach 2,000 — and how many have been resolved or are pending.

“We have work to do, but we are doing it as quickly as possible and as thoroughly as possible,” District Attorney Rosemary Lehmberg said. “Anytime an allegation is made concerning the integrity of evidence in either a present case or a past case, we are required by law to turn that evidence over to the defense and let them see it and use it as they see fit.”

Lehmberg and Police Chief Art Acevedo said they remain confident in the work of the Austin police crime lab. They said Hamilton’s allegations were reviewed internally this spring and that her complaints were deemed unfounded.

Authorities were still trying Wednesday to determine who to hire for the independent review but hope to made a decision this week. They have sought names of candidates from defense attorneys, including those who specialize in forensic evidence.

Acevedo also said that the crime lab has recently undergone reviews by the FBI and the American Society of Crime Lab Directors. Both found no deficiencies.

“With that said, we are going to, out of an overabundance of caution, and in the spirit of transparency” seek the additional review, Acevedo said.

Hamilton, who has resigned from the department, lodged multiple complaints in a Feb. 11 memo to the department, including a hostile work environment, retaliation issues and testing quality concerns.

According to records, she said she thought the lab’s training program was poor and needs updating, that the facility inconsistently handled technical issues among analysts and — one of the most serious — that a supervisor helped an analyst on competency tests.

Department officials said lab staff began reviewing her complaints immediately and presented a final report to department officials in March.

“The quality issues have been investigated and there is no proof that these allegations have any validity,” lab manager William Gibbens wrote.

His report said that Hamilton had “no proof” for the allegation that a supervisor helped another scientist on proficiency testing.

The report also said that Hamilton violated departmental rules requiring employees to be honest and not retaliate or harass co-workers.

“It is imperative that Ms. Hamilton be held accountable for her false accusations,” the report said. “False accusations such as these can cause irreparable damage to the reputation of the laboratory.”

Hamilton could not be reached for comment Wednesday.

Lehmberg said prosecutors who had been in touch with police officials notified her June 23 of the issues.

Two assistants met with police several times over the next few days, she said.

Last week, Lehmberg called a mandatory meeting with more than 80 prosecutors during which she alerted them of Hamilton’s allegations. She instructed them to notify defense attorneys involved in any cases with DNA evidence.

How defense lawyers will use Hamilton’s complaint will likely vary, Lehmberg said.

“I have confidence in the lab, because I have confidence in the analysts that are there and in the audits that have been done, so I feel like our quality is good,” she said. “But, defense attorneys will take this information and use it to the extent that they can.”"

The story can be found at:

http://www.statesman.com/blogs/content/shared-gen/blogs/austin/cityhall/entries/2010/07/07/authorities_looking_into_dna_l.html

PUBLISHER'S NOTE: 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 accessed at:

http://www.thestar.com/topic/charlessmith

Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;