STORY: "Forensic scientist hid backlog of 40 cases, delayed DNA testing for years," by
SUB-HEADING: A forensic scientist at the state crime lab intentionally hid her backlog of cases for years, failed to test DNA submitted in 40 cases, and kept evidence from those cases in her possession, according to a DPS (Department of Public Safety) audit uncovered by a six-month 12 News Investigation.In at least one of those cases, justice may have been denied.
GIST: "Kathy Press, the supervising forensic scientist tasked with examining this evidence, was hiding cases from her supervisors to cover up her backlog of cases, DPS records show. She even kept evidence “in her possession”, according to the state audit. Supervising Forensic Scientist Jennifer Kochanski discovered the misconduct when she began an audit of the DNA unit's backlog in October 2015. Kochanski identified 29 cases Press was assigned that were not completed in a timely manner, DPS records show. "In January 2016, you reported 11 additional cases were on your backlog. These additional cases were in your possession. You had the evidence in your possession and the case files were at your desk. Many of the cases identified were cases from several years prior," Kochanski wrote. On January 19, 2016, Kochanski wrote that the Scientific Analysis Bureau (SAB) identified a total of 40 cases assigned to Press in which she failed to complete the scientific analysis process. Reports show that many of these cases were several years old. Kochanski indicated it was difficult to track the cases because Press had taken possession of the evidence but then "unassigned" herself from the case. Kochanski wrote that she had to check the "audit trails" to see who worked on the case, which is how she discovered Press' involvement. As the investigation continued, Kochanski determined Press' actions appeared to be "an intentional act to hide your backlog of cases." Among the 40 cases, one in particular stood out as an "old case": the Tempe Police Department’s sexual assault case involving Rukstelis. SAB determined that Press did not complete the de-convolution work even though the original profile she entered received a CODIS hit for a suspect in December 2014. The investigation also concluded that Press failed to notify Tempe Police about this hit and, at the time of the investigation, had not completed the report she was required to issue to Tempe PD, according to state records. Press was put under internal affairs investigation. Records show Kochanski asked Press why she had not completed her cases. Kochanski asked if Press was "too busy...or overwhelmed." DPS records show Press said, "No, I just haven't gotten to them yet." Press agreed that these cases should have been completed "a long time ago." Kochanski also noted that when police departments inquired about the status of testing, emails revealed that Press either didn't respond to their emails or said she would get them information but didn't follow up. According to DPS records, when asked, Press agreed with the allegation that she was “inefficient" "because there's cases that are on my backlog that should have gone out." This audit wasn’t the only time there was an issue with Press’ backlog of cases. Internal documents from Press' personnel file show in January 2015, Central Regional Crime Lab Manager Scott Rex identified 37 of Press' cases that were four to five years old. At that time, Press was put on a performance improvement plan and relieved of some of her responsibilities. As a result of the policy violations and misconduct discovered during the internal investigation, Press was demoted from supervising forensic scientist to forensic scientist IV effective May 21, 2016. The order was signed by Deputy Director Lieutenant Colonel Heston Silbert. On May 11, 2016, prior to the demotion taking effect, Press tendered her resignation effective May 24, 2016. She wrote that personal and family circumstances have made it difficult for her to continue a career at DPS. The same day, she notified the Tempe Police Department that she had finished the scientific analysis of their 2009 sexual assault case and David Baldry's DNA was a match.........
Over the course of our investigation DPS respectfully declined to speak on camera but issued two statements:\Tempe PD case 2009172852 (DPS DR 2009744972) was submitted to the DPS Crime Laboratory in November 2009, with a request to perform DNA analysis on a sexual assault kit. A Scientific Examination Report was returned to Tempe PD in January 2010, stating that no semen or spermatozoa were detected in the sexual assault kit. In September 2010, Tempe PD requested that the Laboratory attempt further DNA analysis. In early 2016, it was discovered that the ADDITIONAL DNA analysis had NOT been completed for this case. The analyst assigned to the case did not complete the analysis or report the results in a timely fashion, ultimately reporting the DNA results in May 2016. When this was discovered, the analyst was disciplined and demoted. Subsequently, the analyst resigned from the Department. The excessive time to complete the analysis is regrettable. ALTHOUGH the Laboratory has procedures in place to ensure that this does not OCCUR, THE INVOLVED EMPLOYEE DID NOT FOLLOW THESE PROCEDURES, PREVENTING MANAGEMENT FROM DISCOVERING THE ISSUE EARLIER. The second statement from DPS identified the former employee as Kathleen Press: Through an internal investigation it was discovered a former employee had gone to lengths to hide their work files and mask their incompetence. The case for which you inquire was assigned to this employee, who as a result of our internal investigation was demoted and subsequently resigned. Under Col. Milstead's administration, beginning in 2015, a department-wide, work-performance accounting and auditing system was implemented. As a part of this system, greater scrutiny and accountability is provided to each employee's work. As a result of a supervisor's diligence, the aforementioned misconduct by a former employee was discovered. The employee's lack of professionalism is beyond regrettable, it is reprehensible. In the last two years we have increased the speed and accounting of cases assigned to the Crime Lab and specifically the Forensics Unit.........Press issued the following statement through a spokesperson: For just under 10 years, I had a productive career with the Arizona Department of Public Safety, rising through the ranks through multiple promotions into a supervisory role. I did so despite an overwhelming caseload, little support and a leadership structure that refused to solve or take responsibility for a well-documented backlog in DNA testing. I resigned from DPS by my own choice in 2016. I did so because I could no longer work for an organization that continued to allow issues to fester nor work in a position that was negatively impacting my health and my family life. The case in question represents a true tragedy – one caused by DPS leadership’s refusal to help fix a backlog they knew existed. Rather than attempt to solve this backlog crisis, they chose to ignore it and sweep it under the rug. This blame deflection apparently continues to this day, as their untrue statements about my performance indicate. DPS leadership’s false assertion that I let this case languish for six years flies in the face of the truth reflected by the case files. I never allowed this case or any other case to sit idle for undue periods of time to hide incompetence or misconduct. At a time when I was taking on multiple leadership roles – positions that today are handled by multiple full-time employees – I was also required to maintain a caseload that was in no way a one-person job. As emails and case files document, DPS leadership was well aware of this caseload and the department’s backlog, as were others involved in the cases. They were also well aware of my assumption of additional roles and responsibilities, and my attempts to re-assign cases so they could be completed.While it may be convenient for DPS to “throw me under the bus,” that’s simply a deflection of what really happened here. To make excuses is simply to fail the victims of these crimes again. That failure is beyond unfortunate.The majority of Press’ 40 cases are from Tempe police. It’s not clear if DPS notified any of the agencies about what happened. However, when we reached out to Tempe, they were not aware of the situation."
The entire story can be found at:
http://www.12news.com/news/investigative/dps-forensic-scientist-hid-backlog-of-40-cases-delayed-dna-testing-for-years/440611276
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. 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 found at: http://www.thestar.com/topic/c
