"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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"The
Justice Department today opened a civil pattern-or-practice
investigation into the Orange County District Attorney’s Office and the
Orange County Sheriff’s Department, pursuant to the Violent Crime
Control and Law Enforcement Act of 1994. The investigation will focus on allegations that the district
attorney’s office and the sheriff’s department systematically used
jailhouse informants to elicit incriminating statements from specific
inmates who had been charged and were represented by counsel, in
violation of the Sixth Amendment. Additionally, the investigation will
seek to determine whether the district attorney’s office committed
systematic violations of defendants’ 14th Amendment due process rights under Brady v. Maryland,
a 1963 Supreme Court case, by failing to disclose promises of leniency
that would have substantially undermined the credibility of the
informants’ trial testimony. Orange County District Attorney Tony Rackauckas requested that the
Justice Department review his office’s informant policies and practices
and offered unfettered access to documents and personnel. “A systematic failure to protect the right to counsel and to a fair
trial makes criminal proceedings fundamentally unfair and diminishes the
public’s faith in the integrity of the justice system,” said Principal
Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights
Division. “Our investigation will examine the facts and evidence to
determine whether the district attorney’s office and sheriff’s
department engaged in a pattern or practice of violating these rights.
We are grateful to District Attorney Rackauckas for the unrestricted
access he has offered to provide.” Attorneys from the Civil Rights Division’s Special Litigation Section
and the U.S. Attorney’s Office of the Central District of California
are jointly conducting this investigation."