"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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QUOTE OF THE DAY: " You’re never certain of the ways of the heart of man,” Eddins said." (State Attorney William “Bill” Eddins of the 1st Judicial Circuit);
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PASSAGE OF THE DAY: "During the internal investigation, deputies searching his patrol car found 42 pieces of drug paraphernalia, ten baggies of methamphetamine and five baggies of marijuana concealed in an unmarked and unsecured evidence bag in the trunk. “The items located within Deputy Wester’s patrol car were not maintained as required of legitimate evidence, items for safe keeping or items for destruction,” the arrest affidavit says. “The multiple items located were consistent with, and similar in appearance to, items believed to have been used to fabricate evidence during (his) traffic stops and arrests.” The investigation found Wester routinely pulled over citizens for alleged minor traffic infractions, planted drugs inside their vehicles and arrested them on fabricated charges. It also found that Wester misused his body camera, sometimes turning it off before drugs were located or turning it on just after they were found.“There is no question that Wester’s crimes were deliberate and that his actions put innocent people in jail,” Williams said in a news release."
PASSAGE TWO OF THE DAY: "The allegations prompted prosecutors in Marianna to review nearly 300 cases involving Wester. They ultimately dropped charges in nearly 120 cases. But Eddins said there’s no indication Wester planted dr ugs or fabricated arrests in all of those cases. He noted that the charges against Wester are based on his arrests of 11 different people. “Our investigation is ongoing,” Eddins said. “There’s a substantial amount of work to be done. But I have no belief that there’s anywhere near 100 victims. We may have identified most of the victims, we may (have) not.” Odom, pulled over last year by Wester in Cottondale, was among the victims listed in arrest documents. Wester’s own body camera footage appeared to show him with a baggie in his hand before he put on his gloves to begin searching her pickup truck. Hess told the Democrat last year that the footage caused him to lose confidence in the deputy. Odom’s charges were eventually tossed."
The victims: Another
of his alleged victims, Benjamin Bowling, was arrested in 2017 on
charges of possession of methamphetamine and drug paraphernalia,
according to the arrest affidavit.
Wester claimed
he smelled marijuana in the vehicle, though Bowling, a passenger, and
the driver denied doing drugs. After Wester announced he’d found drugs
in the car, Bowling swore he’d been clean since an earlier DUI arrest.
At the time, he was being tested regularly after gaining custody of his
daughter. “Furthermore, Bowling voluntarily took a
drug test after he was arrested and it was negative,” the arrest report
says. “Bowling contacted the Sheriff’s Office and requested that the
drugs were tested for DNA and fingerprints. Bowling also requested the
body camera video but never received it. Bowling lost custody of his
daughter because of the arrest.”
STORY: "'Something we're not proud of': Fired deputy Zach Wester arrested in drug planting probe,"
by reporter Jeff Burlew, published by The Tallahassee Democrat on July 10, 2019. (Jeff Burlew is an investigative reporter for the Tallahassee Democrat, where he has worked since 2000.)
GIST: "Fired Jackson County Deputy Zach Wester was arrested Wednesday on racketeering and numerous other charges for allegedly planting meth and other street drugs on unsuspecting motorists before hauling them off to jail. Agents
with the Florida Department of Law Enforcement, who have been
investigating Wester for more than nine months, arrested him in
Crawfordville and took him to the Wakulla County Jail, where he is being
held without bail. Wester, expected to make his first court appearance
on Thursday, invoked his right to remain silent and declined to speak
with investigators. He
was arrested on 52 counts in all. Aside from the racketeering count, he
was charged with a number of other felonies, including official
misconduct, false imprisonment, fabricating evidence and possession of a
controlled substance. He was also charged with misdemeanor charges of
perjury, possession of a controlled substance and possession of drug
paraphernalia, FDLE said. Jackson County Sheriff
Lou Roberts, State Attorney William “Bill” Eddins of the 1st Judicial
Circuit and Chris Williams, special agent in charge of the FDLE’s
Pensacola office, discussed the case in an afternoon news conference.
One of Wester’s alleged victims, Teresa Odom, wept as they discussed
details of the case. “I’m overwhelmed,” she said
afterward, adding she was proud of one of the FDLE agents who worked
with her during the investigation. 'Something we're not proud of': Roberts, who had been silent about the Wester allegations since the Tallahassee Democrat broke the story last year,
said Wester’s alleged crimes were “disheartening.” He thanked the
community for its patience during the investigation, which got
sidetracked after Hurricane Michael hit Oct. 10. “This
is something we’re not proud of,” said Roberts, who plans to retire and
not seek re-election next year. “No agency wants to go through this
kind of situation and face the embarrassment of the public. This is a
very serious matter. We’re supposed to set higher standards, and the
allegations that were made in this case will be tried.” Eddins
and Williams offered new details in the case, including a large amount
of drugs found in Wester’s vehicle during an internal affairs probe that
began last August. But investigators declined to give a possible motive
for Wester’s alleged actions. “You’re
never certain of the ways of the heart of man,” Eddins said. “We have
some ideas and some theories, and we’ve talked about that a lot. But I
do not feel that it would be appropriate to go into it in any detail at
this time.” Williams emphasized that the case was
still open, and he asked the public to call FDLE’s Pensacola office if
they have any information about Wester. “A
significant investigation has been and is being conducted,” Williams
said. “FDLE has assigned a team of 10 special agents and two crime
analysts who have logged over 1,400 hours on this case already. And it’s
still ongoing today.” Eddins, who was assigned the
case after Glenn Hess, state attorney for the 14th Judicial Circuit
recused himself, said he was prepared to go to trial now if Wester
demands a speedy trial. And he said he will not allow a plea bargain in
the case in part because it involves a public employee. He added that so
far, no evidence has been found that any other deputies or other
Sheriff’s Office personnel worked in concert with Wester. “It’s
been my experience in monitoring this investigation that the law
enforcement community in Jackson County is honest, professional and they
do not condone or support illegal activity,” Eddins said. “I cannot
overstate how complete and how well (the Sheriff’s Office) cooperated
with us.” 'His actions put innocent people in jail' FDLE
began its investigation last August at the request of the Sheriff's
Office after whispers of misconduct by Wester began to surface around
the courthouse. He was suspended Aug. 1 and fired a month later. During
the internal investigation, deputies searching his patrol car found 42
pieces of drug paraphernalia, ten baggies of methamphetamine and five
baggies of marijuana concealed in an unmarked and unsecured evidence bag
in the trunk. “The items located within Deputy
Wester’s patrol car were not maintained as required of legitimate
evidence, items for safe keeping or items for destruction,” the arrest
affidavit says. “The multiple items located were consistent with, and
similar in appearance to, items believed to have been used to fabricate
evidence during (his) traffic stops and arrests.” The
investigation found Wester routinely pulled over citizens for alleged
minor traffic infractions, planted drugs inside their vehicles and
arrested them on fabricated charges. It also found that Wester misused
his body camera, sometimes turning it off before drugs were located or
turning it on just after they were found.
“There
is no question that Wester’s crimes were deliberate and that his
actions put innocent people in jail,” Williams said in a news release.
“I am proud of the hard work and dedication shown by our agents and
analysts on this case to ensure justice is served.” Christina
Pumphrey, a former assistant state attorney in Marianna who helped
bring Wester's alleged misdeeds to light, said she was "incredibly
surprised" to learn of his arrest because she didn't think he'd ever get
charged. "I'm
glad he's off the road," she said. "I'm glad he's obviously facing
charges. It doesn't change what the rest of the people went through
because of him. It doesn't give them their time back. It doesn't give
them their money back. It doesn't expunge their records — they still
have at least arrest histories. But it's still something." 'Our investigation is ongoing'"The
allegations prompted prosecutors in Marianna to review nearly 300 cases
involving Wester. They ultimately dropped charges in nearly 120 cases.
But Eddins said there’s no indication Wester planted dr ugs or fabricated
arrests in all of those cases. He noted that the charges against Wester
are based on his arrests of 11 different people. “Our
investigation is ongoing,” Eddins said. “There’s a substantial amount
of work to be done. But I have no belief that there’s anywhere near 100
victims. We may have identified most of the victims, we may (have) not.” Odom,
pulled over last year by Wester in Cottondale, was among the victims
listed in arrest documents. Wester’s own body camera footage appeared to
show him with a baggie in his hand before he put on his gloves to begin
searching her pickup truck. Hess told the Democrat last year that the
footage caused him to lose confidence in the deputy. Odom’s charges were
eventually tossed."
The victims: Another
of his alleged victims, Benjamin Bowling, was arrested in 2017 on
charges of possession of methamphetamine and drug paraphernalia,
according to the arrest affidavit.
Wester claimed
he smelled marijuana in the vehicle, though Bowling, a passenger, and
the driver denied doing drugs. After Wester announced he’d found drugs
in the car, Bowling swore he’d been clean since an earlier DUI arrest.
At the time, he was being tested regularly after gaining custody of his
daughter. “Furthermore, Bowling voluntarily took a
drug test after he was arrested and it was negative,” the arrest report
says. “Bowling contacted the Sheriff’s Office and requested that the
drugs were tested for DNA and fingerprints. Bowling also requested the
body camera video but never received it. Bowling lost custody of his
daughter because of the arrest.” The racketeering
charge against Wester carries a maximum penalty of 30 years in state
prison. The other felonies carry maximum sentences of five years. Eddins
said that under Florida’s sentencing guidelines, Wester could face 13
and a half years in prison if convicted on all charges, though a judge
could opt to give him more time behind bars."
The entire story can be read at:
https://www.tallahassee.com/story/news/local/2019/07/10/former-jackson-county-deputy-zach-wester-arrested-drug-planting-probe/1691366001/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/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;