RALEIGH, N.C. - Analysts at North Carolina's crime lab omitted, overstated or falsely reported blood evidence in dozens of cases, including three that ended in executions and another where two men were convicted of killing Michael Jordan's father, according to a scathing independent review to be released Wednesday.
REPORTER MARTHA WAGGONER: THE ASSOCIATED PRESS;
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"RALEIGH, N.C. - Analysts at North Carolina's crime lab omitted, overstated or falsely reported blood evidence in dozens of cases, including three that ended in executions and another where two men were convicted of killing Michael Jordan's father, according to a scathing independent review to be released Wednesday," the Associated Press story by reporter Martha Waggoner published earlier today begins, under the heading, "Review finds crime lab errors in US state's cases, including executions."
'The government-ordered inquest by two former FBI officials found that agents of the State Bureau of Investigation repeatedly aided prosecutors in obtaining convictions over a 16-year period, mostly by misrepresenting blood evidence and keeping critical notes from defence attorneys. The Associated Press obtained the review of blood evidence in cases from 1987 to 2003 in advance of the report's release,' the story continues.
"It calls for a thorough examination of 190 criminal cases, stating that, at times, "information that may have been material and even favourable to the defence of an accused defendant was withheld or misrepresented."
The report does not conclude that any innocent people were convicted, noting the evidence wasn't always used at trials and defendants may have admitted to crimes. But it states prosecutors and defence lawyers need to check whether tainted lab reports helped lead to confessions or pleas.
Attorney General Roy Cooper ordered the review in March after an SBI agent testified the crime lab once had a policy of excluding complete blood test results from reports offered to defence lawyers before trials. The existence of the policy was later confirmed by a former SBI director. Agent Duane Deaver's testimony led to the exoneration of a murder convict imprisoned nearly 17 years.
The review by two former assistant directors of the Federal Bureau of Investigation, found 230 cases in which eight SBI analysts filed reports that, at best, were incomplete. Of those, 190 resulted in criminal charges and should be reviewed.
The report says the lab may have violated federal and state laws mandating that evidence favourable to defendants be shared with their lawyers. It also bolsters a long-held skepticism by defence attorneys, who have alleged the ostensibly neutral lab is in the pocket of law enforcement.
Besides the executions, the report urged a closer look at the cases of four people on death row and one whose death sentence was commuted to life.
The cases also include the 1993 murder of James Jordan, father of the NBA star, who was sleeping in his car along a highway when he was killed. Two men were sentenced to life in prison. The review states an SBI analyst reported that an examination of the scene indicated the presence of blood, but didn't say that four subsequent tests were inconclusive.
The problems detailed in the report follow similar story lines: Lab results that contradict preliminary tests indicating blood at a scene were routinely kept from defence lawyers. Those secondary results were in analysts' handwritten notes, but not in evidence presented at court.
The report blames the flaws on "poorly crafted policy, inattention to reporting methods which permitted too much analyst subjectivity; and ineffective management and oversight."
Among the report's recommendations are: automation of historical lab files; posting of lab policies and other rules on a public website; and the appointment of an ombudsman to review lab issues or mistakes."
The story can be found at:
http://www.canadaeast.com/news/article/1181189
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
For a breakdown of some of the cases, issues and controversies this Blog is currently following, please turn to:
http://smithforensic.blogspot.com/2010/08/new-feature-cases-issues-and_15.html
Harold Levy: Publisher; The Charles Smith Blog; hlevy15@gmail.com;
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