BACKGROUND: "When he died, cold-case detectives were investigating Brown, 62, for his possible involvement in
the 1984 strangulation of 14-year-old Claire Hough at Torrey Pines State Beach. They’d linked him through DNA testing to sperm cells found on a vaginal swab collected during the autopsy. According to the lawsuit, detectives recklessly rejected the most obvious explanation for the sperm: accidental cross-contamination in the police lab. Brown had worked there then as a criminalist. He didn’t process the Hough evidence, but he and others routinely kept their own semen samples on hand as known standards to check the efficacy of testing methods, the suit says. It describes contamination by lab employees as “a well-recognized, well-documented, and frequent occurrence,” and identifies 41 instances of it happening at the San Diego Police Department since 2001.Brown suffered from depression and anxiety most of his life, and the suit says his final downward spiral can be tied to unconstitutional police misconduct during the investigation. It accuses the lead detective, Michael Lambert, of misleading a judge when he got him to sign a search warrant, omitting key facts about possible lab contamination, and downplaying the criminal behavior of a convicted rapist who was also tied to the murder through DNA testing."
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PASSAGE OF THE DAY: "On Friday a federal civil jury awarded his wife and estate a combined $6 million. On Tuesday, the jury awarded $50,000 in damages. Hough was 14 when she
was found raped and murdered and at Torrey Pines State Park in 1984.
Brown
told his wife he was convinced it was cross contamination. Back in the
1980’s, employees used sperm DNA as a control sample. The family
attorney said detectives lied about that possibility to get a search
warrant. Witness testimony corroborated and said employee sperm was used
as a control sample. The city attorney said the 62-year-old’s
depression is what led to his suicide. “I’m very relieved that Kevin was
finally vindicated. My voice was heard, and his voice was heard,” said
Brown. During
Tuesday's interview she wiped a tear from her cheek and said this is
vindication she never stopped fighting to clear her husband’s name. “I
felt I had to fight for my rights and Kevin's rights. I knew if this
could happen to us, it could happen to anyone,” said Brown."
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STORY: "Widow says husband vindicated with $6 million judgment," by reporter Abbie Alford, published by CBS8 on February 18, 2020.
SUB-HEADING: "Wife fought to clear her late husband's name. Retired San
Diego Police crime lab worker, Kevin Brown killed himself in 2014 after
being questioned in a murder."
GIST: "The widow of a former San Diego police crime lab employee questioned in a cold case murder on Tuesday said she feels vindicated. Kevin Brown, 62, took his own life in 2014, after being questioned in the 1984 murder of Claire Hough. His wife has since fought to clear his name and a jury sided with her and his estate. Rebecca Brown explained her feelings when the jury reached a verdict: “My heart was in my throat." Her
husband hanged himself in October 2014, nine months after San Diego
homicide detectives questioned him about his sperm DNA on the vaginal
swabs of cold case murder victim, Claire Hough. On Friday a federal civil jury awarded his wife and estate a combined $6 million. On Tuesday, the jury awarded $50,000 in damages. Hough was 14 when she was found raped and murdered and at Torrey Pines State Park in 1984. Brown
told his wife he was convinced it was cross contamination. Back in the
1980’s, employees used sperm DNA as a control sample. The family
attorney said detectives lied about that possibility to get a search
warrant. Witness testimony corroborated and said employee sperm was used
as a control sample. The city attorney said the 62-year-old’s
depression is what led to his suicide. “I’m very relieved that Kevin was finally vindicated. My voice was heard, and his voice was heard,” said Brown. During
Tuesday's interview she wiped a tear from her cheek and said this is
vindication she never stopped fighting to clear her husband’s name. “I
felt I had to fight for my rights and Kevin's rights. I knew if this
could happen to us, it could happen to anyone,” said Brown. The San Diego Police Department has not released a statement.
A written statement from the City Attorney’s Office says: “This
was a unique case largely based on circumstantial evidence. The jury
did not have the opportunity to consider information that would have
negated or eliminated taxpayer liability. The City is exploring its
options for appeal.""
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;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England.
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