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"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;
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"A Toronto police officer connected to a high-profile case of alleged perjury by
a group of his fellow officers has pleaded guilty to professional
misconduct for failing to report his partner’s “fabrications” in court —
testimony that secured a guilty plea that sent a man to jail. Toronto
police Const. Brian Davy has been convicted of insubordination under
the province’s Police Services Act for his role in the arrest and
conviction of Toronto man Nguyen Son Tran.At
a tribunal hearing Monday, police prosecutor Acting Insp. Shane Branton
and Davy’s lawyer, David Butt, gave a joint sentencing submission
suggesting a 15-day penalty. Both said the
sentence was significant enough to deter other officers from engaging in
similar “serious misconduct” and assure the public that Davy’s
insubordination would not be tolerated. But
it would also acknowledge the positive contributions Davy had made
within the police — he is described by superiors as hard-working and
motivated — and the fact that he pleaded guilty early in the tribunal
process. “The guilty plea demonstrates both
remorse and acceptance of responsibility,” said Branton. “Davy has
demonstrated he is willing to face the consequences.” Davy
was not present at the tribunal Monday due to what Butt called a
“significant medical issue.” He is currently suspended with pay. The
officer, who joined Toronto police in 2011, was convicted of two counts
of deceit last year in connection to a January 15, 2014 incident where
he falsified paperwork concerning a confidential informant. He was
sentenced to a one-year demotion from first- to second-class constable. Elliot,
his partner, faces criminal charges in connection to the January, 2013
arrest of Tran — in which Davy was involved — as well as second arrest
of Tran one year later, on January 15, 2014 (Tran was still awaiting
trial on the January, 2013 drug charge at the time). A
spokesperson for Toronto police said Monday that Davy’s January, 2014
deceit was not connected to Tran’s arrests in 2013 or 2014. The criminal charges against Elliot and his three officers came four months after an Ontario judge ruled
police had “fabricated” a story that involved “planting” heroin in a
car to justify their January, 2014 search of Tran’s vehicle.
Announcing
the charges against his officers in a news conference last year,
Toronto police Chief Mark Saunders said there would be a review of the
four officers’ prior cases conducted by the force’s professional
standards unit “to see if there is any other cause of concern.” Six months later, Toronto police announced new charges against Elliot related to Tran’s 2013 arrest. Kim
Schofield, Tran’s lawyer, is hoping to appeal Tran’s 2013 conviction on
the fresh evidence of officer misconduct. There may be civil action,
she said. In Tran’s 2013 case, Schofield
had unsuccessfully attempted to challenge the credibility of police
testimony, and urged the judge, Justice Leslie Chapin, to find police
were lying in part of their evidence. “My
client was sentenced to almost three years in jail as a result of
something they now know did not happen in the way that this cop
testified that it happened,” she told the Star last July, when the new
charges against Elliot were announced. While
she is glad the issues with officer conduct in the 2013 case are being
raised, she notes that it took the second, problematic arrest of Tran in
2014 in order for that to happen. “Hopefully it’s a cautionary tale to judges to really take this kind of thing seriously,” she said Monday."
