Saturday, August 22, 2026

August 22: Technology Gone Wrong: Part 2: From our 'Read this, and do something about it" department: ''First came the Flock cameras. Now local cops want autonomous drones.' (I got goosebumps reading it. HL.) It's by Reporter Mike Ludwig; Published in collaboration by The Appeal and Truthout... The automated drone push comes as resistance to mass surveillance by license plate-reading cameras goes viral. Residents are packing city council meetings across the country to demand restrictions on the data gathered by high-tech drones and cameras — or an end to mass surveillance altogether. Scandals over digital stalking by police and other abuses are erupting as new surveillance tech empowers the state to violate privacy in entirely fresh ways. In response, people are taking direct action, sabotaging automated license plate readers (ALPRs) that are capable of building complex profiles of individual vehicles."



PASSAGE OF THE DAY: "Unlike most consumer drones, which are controlled by an operator looking up from the ground, autonomous surveillance drones used for DFR programs are operated remotely, allowing police to send drones much longer distances and stream live video footage back to headquarters. Cops in many cities have launched camera-carrying drones for years, but autonomous drones guided by AI are capable of flying “beyond the visual line of sight” of the operator (also known as BVLOS drones) and can be managed from a central launch pad, freeing up police time and capacity."

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PASSAGE TWO OF THE DAY: "Lipton said many questions remain about how police are actually using drones as “first responders,” and advocacy around restrictions and transparency is critical. Drones are not as immediately visible to the public as traffic cameras. But as anger continues rise over the automated license plate readers sold to police by Flock and Axon, Lipton expects a similar backlash to automated drones once more people learn about the technology. “The adoption of these tools has outpaced the public’s awareness that they exist,” Lipton said. “License plate readers have been around for a very long time at this point, but we are seeing a moment where everybody — even people who are not tech-savvy — understand what it means that these systems are accessible in real time and interconnected."

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PASSAGE THREE OF THE DAY: "New Orleans was among the cities that received the FAA waiver for an automated drone-as-first-responder program. Police plan to expand their existing drone program to launch drones in response to 911 calls from the historic French Quarter later this year. But residents were outraged after activists discovered that the city’s police department had changed internal rules to allow police drones to carry “weapons” with prior approval from the police superintendent, according to Edith Romero, an organizer with Eye on Surveillance.Police claimed the change was only a proposal added to a draft policy, but as Verite News pointed out, the file name for the “draft” document suggests the policy was meant to go into effect on June 21.  “Nobody knew; city council didn’t know, we had to announce it, and we mobilized people to start calling and start demanding that this be rescinded,” Romero told Truthout in an interview.
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STORY: "First Came the Flock Cameras. Now Local Cops Want Autonomous Drones," by Reporter Mike Ludwig, published by The Appeal (co-published with Truthout) on August 12, 2026.

SUB-HEADING: "Hundreds of local police departments have received waivers to fly surveillance drones that navigate with AI."

GIST: "Police in cities across the U.S. are rolling out a pro-drone PR blitz as hundreds of local police departments prepare to deploy autonomous, AI-driven surveillance drones. The drones are capable of following a single vehicle across an entire city, capturing footage through apartment windows, and generally recording daily life from the sky without being noticed.

As of February, more than 1,000 law enforcement and public safety agencies had received waivers from the Federal Aviation Administration (FAA) to operate autonomous surveillance drones as part of so-called “drone-as-first-responder” (DFR) programs, according to public records obtained by the Electronic Frontier Foundation (EFF) and released in July. While the list of waiver recipients includes fire departments and other first responders, the vast majority are law enforcement agencies, including police in cities large and small.

The automated drone push comes as resistance to mass surveillance by license plate-reading cameras goes viral. Residents are packing city council meetings across the country to demand restrictions on the data gathered by high-tech drones and cameras — or an end to mass surveillance altogether.

Scandals over digital stalking by police and other abuses are erupting as new surveillance tech empowers the state to violate privacy in entirely fresh ways. In response, people are taking direct action, sabotaging automated license plate readers (ALPRs) that are capable of building complex profiles of individual vehicles.

Flock Safety, a top surveillance tech firm, is the company most associated with ALPRs and is itself often at the center of controversy. But Flock also has a number of competitors, including Axon and Motorola Solutions. And business across the surveillance tech economy is booming.

In many cities, local cops have extra funding for surveillance from wealthy private donors, police foundations, and federal grants; surveillance companies also often offer police free trials and help with applying for grants and waivers. Those surveillance firms have expanded from offering singular technologies such as ALPRs or body-worn cameras to become one-stop shops for police seeking the latest surveillance setup — including advanced drones.

Unlike most consumer drones, which are controlled by an operator looking up from the ground, autonomous surveillance drones used for DFR programs are operated remotely, allowing police to send drones much longer distances and stream live video footage back to headquarters. Cops in many cities have launched camera-carrying drones for years, but autonomous drones guided by AI are capable of flying “beyond the visual line of sight” of the operator (also known as BVLOS drones) and can be managed from a central launch pad, freeing up police time and capacity.

“The human increasingly is not flying the drone; the drone is driven by artificial intelligence and just deployed from one spot to another spot,” said Beryl Lipton, the senior investigative researcher at EFF, in an interview. “They don’t have a pilot, but there is often a human person who is there to manage the feed.”

Instead of attending a street parade and launching a drone overhead, for example, police can fly multiple drones with AI-driven navigation from a desk, as EFF writes:

FAA rules for police drones also required a human operator to manually fly the device to a scene, but DFR technology has become a more common and more automated police technology. DFR programs increasingly rely on artificial intelligence to automate drone flights from launchpads placed around the city, often atop municipal buildings, and make it possible for one drone operator to “fly” multiple devices at once.

Flying a BVLOS drone requires an FAA waiver. The agency streamlinedthe waiver process in April 2025 and approved more waivers for BVLOS drones between then and February 2026 than it had in the previous seven years combined, EFF reports.

Lipton said most law enforcement applicants are already deploying automated drones or are strongly considering a “drone-as-first-responder” program. Once police begin a relationship with a company such as Flock Safety or Axon, Lipton said, taxpayers can expect a push for purchases of additional gadgets, upgrades, and storage for video.

It’s also not surprising that these programs now seem ubiquitous. “There is a lot of this kind of peer pressure in law enforcement, you can really see it with Flock,” Lipton said. “One police department gets a new tool or signs off on Flock cameras, and then you see neighboring cities are now signing up for Flock to keep up with the latest new thing.”

Flock Safety boasts that its automated “first responder” drones carry ALPR cameras that can read license plates from above up to 2,000 feet away, allowing police to connect surveillance footage of individual vehicles to data captured on the street. Lipton said companies such as Flock and Axon bundle services like gadgets and processing software to help police compile data from multiple streams into easily searchable databases, including footage from body-warn cameras, ALPRs, automated gunshot detectors, and drones flying overhead.

While a corporate partnership between Flock Safety and Axon fell apart in early 2025, some of the most prominent companies selling drones to police departments, including Skydio, integrate their products directly with the software and data analysis tools sold by leading manufacturers of ALPRs. “People don’t realize that video analytics has really developed as much as it has in the past few years, no matter whether coming from a police body-worn camera, drones or ALPR,” Lipton said. “All of these can easily be analyzed and made searchable, and that is a really integral part of what Axon and Flock are doing.”

Amid widespread backlash to ALPRs, police across the nation are going into PR mode, releasing footage of drones in action along with statements casting the technology as a “first responder” that can arrive on the scene before police to establish “situational awareness,”help with search-and-rescue, and track down suspects and stolen property.

“It seemed much more palatable for a drone to be framed as a ‘first responder’ going to a specific crime rather than a tool for surveillance that has a very abstract crime-fighting purpose,” Lipton said. “But in practice it is plain old surveillance.”

Audits of drone flight logs — from piloted or autonomous drones — tell a more complicated story. In places police are required to log flights, officers often record only vague justifications for launching drones without a warrant, often for what appear to be routine dispatches and training flights, the ACLU has noted. Even on mundane missions, such drones equipped with powerful zoom lenses or infrared sensors can capture significant data that can later be analyzed with AI-powered data processing and facial recognition technology.

On July 13, Wired published an investigation into hours of drone footage from the San Franciso Police Department, providing an unfiltered look at automated drones in action. The footage was accidentally released on the open internet via the website for Skydio, the company providing the drones and software behind them. Discovered by security researchers Sam Curry and Maik Robert, the leaked footage itself raised serious privacy concerns.

“In the case of San Franscisco, they are doing a lot of locking onto license plates and, particularly, people, and the drone is able to navigate itself,” Lipton said.

The innocuous scenes captured by drones — police talking to a unhoused person, an arrest at a gas station by undercover officers, two men parking a car before joining a basketball game — also raised questions about the nature and breadth of the surveillance.

In one video, a response to an alleged “prowler” incident, the drone hovers over a young person wearing headphones and apparently having a private moment on the roof of a building. The drones have powerful zoom lenses, and footage captured of living rooms in the interior of apartments and people on private rooftops raise serious constitutional questions about the level of intrusion involved, according to Jay Stanley, a privacy analyst at the ACLU.

“It’s pretty clear that a police drone hovering, say, outside a 2nd story window in a suburban backyard would violate ‘reasonable expectations of privacy’ and thus the Constitution’s Fourth Amendment, but it’s less clear what the courts would find to be a reasonable expectation of privacy in a city, where people are already susceptible to Rear Window-type observation,” Stanley wrote in a blog post on July 17.

In some cities, police launched drone-as-first-responder programs with automated BVLOS drones with little or no oversight. The city council in Nashville, Tennessee, is considering placing restrictions on automated drones after learning that police had quietly launched a trial program without a vote or hearing by the city council. After public outcry, the Metro Nashville Police Department announced on August 6 that it would end its trial drone program.

New Orleans was among the cities that received the FAA waiver for an automated drone-as-first-responder program. Police plan to expand their existing drone program to launch drones in response to 911 calls from the historic French Quarter later this year. But residents were outraged after activists discovered that the city’s police department had changed internal rules to allow police drones to carry “weapons” with prior approval from the police superintendent, according to Edith Romero, an organizer with Eye on Surveillance.Police claimed the change was only a proposal added to a draft policy, but as Verite News pointed out, the file name for the “draft” document suggests the policy was meant to go into effect on June 21.

“Nobody knew; city council didn’t know, we had to announce it, and we mobilized people to start calling and start demanding that this be rescinded,” Romero told Truthout in an interview.

Police ditched the policy on drones carrying weapons after public outcry. On August 6, the New Orleans City Council voted to require police to publicly publish regular drone flight logs and reports on usage and reasons for deployment. While the new ordinance addresses transparency, it does not place enforceable restrictions on drone use. Romero echoed residents who submitted public comments arguing the ordinance does not go far enough.

“We need to do an investigation of the policy violations that happened last year, and the change in policy that weaponized the drones before we can move toward an expansion,” Romero said, adding that there must be penalties for police who deploy drones for unapproved uses.

The city has become a testing ground for surveillance tech, including ALPRs and cameras equipped with facial recognition. Wealthy private interests have funded an expansion of policing in the French Quarter, and the nonprofit Project NOLA secretly supplied police with data from a network of facial recognition cameras in violation of local law.

Officials said the use of facial recognition was paused after a Washington Post investigation exposed the program in May 2025, but the ACLU reported in April 2026 that abuses continue. The ongoing controversy has left residents anxious about surveillance in a city where drones are already a common sight during parades and street festivals.

“We already have people coming to us saying, ‘I saw drone outside my window, we don’t know what to do, how can we even confirm that it was a police drone?’” Romero said. “But we don’t know who was manning the drone, and for what purpose.”

According to Skydio flight logs for 2025 obtained by Eye on Surveillance and reviewed by Truthout, piloted drones were overwhelmingly dispatched to respond to calls about minor incidents, including a subject who was “involved in a disturbance with the hot dog guy then fled the scene.”

Drones were twice dispatched in response to a “Black female” causing a “disturbance” on or near Bourbon Street, famously one of the rowdiest bar crawls in the world. While many entries for “Type of Incident” in the flight logs are left blank, in multiple cases, drones responded to calls about unhoused people and people with mental illness.

“This is really why they want the [drones-as-first-responder] drones in the French Quarter,” Romero said. “These business owners don’t want to see people that are houseless, and they want to harass people they think are suspicious.”

Romero said building a surveillance state is clearly not the solution to homelessness or the budget crisis facing city leaders, who may be tempted by lucrative federal grants that require cities to build out surveillance infrastructure. Romero pointed to the Trump administration’s Model Cities Initiative, which offers $300 million to cities that invest in “proactive policing” and surveillance tech.

“We have to take into consideration that the federal and the state governments are trying to use all the surveillance technologies out there. And so if cities are building the surveillance infrastructure, the risks that our data will end up in the hands of the federal government or state government in our case are really high,” Romero said.

Lipton said many questions remain about how police are actually using drones as “first responders,” and advocacy around restrictions and transparency is critical. Drones are not as immediately visible to the public as traffic cameras. But as anger continues rise over the automated license plate readers sold to police by Flock and Axon, Lipton expects a similar backlash to automated drones once more people learn about the technology.

“The adoption of these tools has outpaced the public’s awareness that they exist,” Lipton said. “License plate readers have been around for a very long time at this point, but we are seeing a moment where everybody — even people who are not tech-savvy — understand what it means that these systems are accessible in real time and interconnected.""

The entire story can be read at: 

https://theappeal.org/first-came-the-flock-cameras-now-local-cops-want-autonomous-drones/





Friday, August 21, 2026

August 21: Technology Gone Wrong: Part 1: Richmond, Virginia: Flock, the company that operates a vast nationwide network of automated cameras that record the license plate numbers and other characteristics of all passing vehicles every day. has announced changes amid backlash over its license plate reader network - but some critics say its pervasiveness amounts to unconstitutional warrantless mass surveillance, and that the changes don't go far enough, The Associated Press (Reporters Sarah Rankin and Claudia Lauer, report, noting that: "Dozens of cities and agencies have nixed their relationships with Flock amid concerns that the data can be accessed for immigration enforcement or used in unauthorized tracking, after a flurry of examples surfaced of law enforcement officers misusing the technology for personal searches."



PASSAGE OF THE DAY: "The Washington Post reported earlier this month finding nearly 50 instances of police officers charged or accused of using the cameras for unauthorized purposes, many for tracking current or former romantic partners or family members. Just this week, six employees — including four officers — of the Savannah Police Department in Georgia were fired after they were accused of searching for friends and family using the tool and allowing an officer from an outside agency to use the city’s cameras. The Savannah department said it was made aware of the misuse through Flock’s voluntary audit function."

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QUOTE OF THE DAY: "Critics of the company reacted skeptically to the changes, which they said appeared designed to address the growing bipartisan anger about the cameras but could still leave room for police to abuse the system.  The American Civil Liberties Union said in a blog post that the shortened evidence retention window could be “a step in the right direction,” but it characterized the other changes as “retreads” of inadequate safety measures."

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QUOTE TWO OF THE DAY: "Robert Frommer, a senior attorney at the Institute for Justice, a public interest law firm that’s led closely watched litigation over the technology, called the changes “window dressing” from a company in “panic mode.” “This is window dressing that doesn’t address the fundamental problem, which is that police officers are the ones deciding who and when to search, and that should be done by judges with real warrants,” he said."

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QUOTE THREE OF THE DAY:  "Andrew Guthrie Ferguson, a professor at the George Washington University Law School whose scholarship has focused on policing, big data surveillance and the Fourth Amendment, said Thursday’s shifts were “better than the opposite” but called for further scrutiny of the technology in the form of “sustained democratic engagement with the rules and judicial checks on access at a minimum.” Ferguson said he’s been surprised to see the “growing community backlash” against Flock specifically, given that the technology isn’t new and other companies sell it as well. But Flock and the movement against it have “captured people’s sense that maybe they don’t want to be surveilled all the time,” he said."

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STORY; 'Flock announces changes amid backlash over its license plate reader network, by Associated Press Reporters Sarah Rankin and Claudia Lauer, published on August 13, 2026.  (Sarah Rankin is a Virginia-based AP reporter covering US state governments and politics.  Claudia Lauer is 
National law enforcement reporter in Philadelphia for The Associated Press.)

GIST: "Flock Safety, the surveillance technology company increasingly under scrutiny from lawmakers from both parties, civil liberties advocates and citizens across the U.S., announced Thursday that it is making changes to its platform intended to quell privacy concerns and address documented abuses of its system by some members of law enforcement.

The company operates a vast nationwide network of automated cameras that record the license plate numbers and other characteristics of all passing vehicles every day.

Thousands of law enforcement agencies in 49 states can search and share Flock’s data across jurisdictions to aid their investigations.

Police have credited the technology as an important crime-fighting innovation that has helped locate missing people and track suspects in violent crimes.

But some critics say its pervasiveness amounts to unconstitutional warrantless mass surveillance.

Dozens of cities and agencies have nixed their relationships with Flock amid concerns that the data can be accessed for immigration enforcement or used in unauthorized tracking, after a flurry of examples surfaced of law enforcement officers misusing the technology for personal searches.

CEO says changes will drive accountability

In an interview, Flock CEO Garrett Langley said many of the product changes will make what were once optional guardrails mandatory for its users to implement by Jan. 1.

Among them: All law enforcement customers will have to implement an audit tool that’s intended to flag abnormal search behavior.

When the system detects abnormal behavior, the user would be locked out pending an internal review, the company said in a description of the changes provided ahead of Thursday’s announcement.

Flock, which says its customers own the data that the cameras record, is also shortening the standard data retention window from 30 days to seven.

It said it will allow data to be preserved for longer when it is evidence tied to a case number.

Law enforcement users will now also be required to enter a code from their records management system tying each search to a specific case before it is run, something Langley said civil liberties advocates have long been calling for. Overrides for emergencies would be automatically flagged for review, the company said.

Customers will also be allowed to decide which offense types — such as homicide or arson — outside agencies can search their data for, which would allow a customer to block outside searches related to immigration enforcement, the company said.

Langley said that change will give individual cities and departments control to use the system in a manner “consistent with community values.”
Critics say updates still leave room for abuses, supporters urge balance

Critics of the company reacted skeptically to the changes, which they said appeared designed to address the growing bipartisan anger about the cameras but could still leave room for police to abuse the system.

The American Civil Liberties Union said in a blog post that the shortened evidence retention window could be “a step in the right direction,” but it characterized the other changes as “retreads” of inadequate safety measures.

Robert Frommer, a senior attorney at the Institute for Justice, a public interest law firm that’s led closely watched litigation over the technology, called the changes “window dressing” from a company in “panic mode.”

“This is window dressing that doesn’t address the fundamental problem, which is that police officers are the ones deciding who and when to search, and that should be done by judges with real warrants,” he said.

Andrew Guthrie Ferguson, a professor at the George Washington University Law School whose scholarship has focused on policing, big data surveillance and the Fourth Amendment, said Thursday’s shifts were “better than the opposite” but called for further scrutiny of the technology in the form of “sustained democratic engagement with the rules and judicial checks on access at a minimum.”

Ferguson said he’s been surprised to see the “growing community backlash” against Flock specifically, given that the technology isn’t new and other companies sell it as well. But Flock and the movement against it have “captured people’s sense that maybe they don’t want to be surveilled all the time,” he said.

More than 50 agencies or jurisdictions have canceled, suspended or rejected a contract or deactivated their cameras since the beginning of the year, according to a tracker maintained by DeFlock, a grassroots group formed to track the use of license plate reader technology and push back against it. Cameras around the country have also been vandalized.

In Congress, Republican representatives filed at least two bills aiming to restrict the use of the technology in July.

Ian Adams, an associate professor of criminology at the University of South Carolina currently working on a Flock-related research study, said many of the concerns raised about how the company’s data can be used are not new concerns in law enforcement.

“Anyone with policing experience could have reasonably foreseen that what have been termed as ‘curiosity searches’ by officers, searches for private reasons not related to police work, were going to be a problem this technology faced,” he added, noting that other technologies and platforms like the FBI’s Criminal Justice Information had faced those issues.

Law enforcement experts said it’s a common tension of “policing in a democracy” — balancing useful technology that officers say helps solve and prevent crime with the community’s interest and right to privacy.

“It’s a balancing act. A community has a legitimate interest in how information is used, but it also has a legitimate interest in the effectiveness of a police department in preventing crime,” said Chuck Wexler, executive director of the Police Executive Research Forum, a Washington-based nonpartisan think tank. “I think a balance can be struck, but it’s more likely to come from department policy than company changes.”

Successes and failures have captured attention


Flock, based in Atlanta, Georgia, often posts to its website what the company deems to be everyday examples of success stories for its cameras, including finding missing seniors and catching car thieves.

But the tech has also been used in high-profile cases that have garnered national attention, such as the search for a suspect in a fatal shooting at Brown University and in tracking and arresting a former North Carolina police officer who authorities say had made threats that he planned to carry out a mass shooting at a festival in Louisiana.

A grand jury declined to bring charges in that case in June, and state authorities said the former officer’s family had taken him to a treatment facility out of state where he does not face further charges.

Abuses have also drawn widespread attention.


The Washington Post reported earlier this month finding nearly 50 instances of police officers charged or accused of using the cameras for unauthorized purposes, many for tracking current or former romantic partners or family members.

Just this week, six employees — including four officers — of the Savannah Police Department in Georgia were fired after they were accused of searching for friends and family using the tool and allowing an officer from an outside agency to use the city’s cameras.

The Savannah department said it was made aware of the misuse through Flock’s voluntary audit function."

The entire story can be read at:

https://apnews.com/article/flock-license-plate-cameras-surveillance-deflock-2a93bc075e2f7ffcca9e04a35d75a3fe?utm_source=app&utm_medium=iOS_share&utm_campaign=more_email

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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. 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. 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 Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Thursday, August 20, 2026

August 20: Alex Murdaugh: South Carolina: Question of the day: What caused the judge conducting a pre-trial hearing ahead of Murdaugh's murder retrial to say, as some claim, that his attorney's opening "raised my eyebrows? Well, Fox News Writer Sarah Rumpf-Whitten reports that the defence team had learned that weapons from a recent murder had been connected to the Murdaugh murder case - a new potential ballistics issue. (The trial is set for April 2027) No question, the up-coming murder trial offer much of interest to the readers of this Blog - especially since the defence, led by Dick Harpootlian, is reported to allege that "false physical evidence was presented to the grand jury that indicted him. Can't wait! Harold Levy: Publisher: The Charles Smith Blog;


GIST: "
Alex Murdaugh returned to court Friday for a pretrial hearing ahead of his murder retrial, and his attorneys opened up with a claim that the judge said "raised my eyebrows."
The disbarred attorney appeared before Circuit Judge Debra McCaslin at 10 a.m. in Lexington County for a pretrial hearing ahead of his April 2027 retrial in the killings of his wife, Maggie, and son, Paul.
Several motions and issues were discussed, including Murdaugh's defense raising a new potential ballistics issue. One of his attorneys, Jim Griffin, told the judge that his team learned through FITSNews reporting that weapons from a recent Allendale County murder may have been connected to the Murdaugh murder case.

Prosecutor Creighton Waters told the court the claim was entirely new to him.

ALEX MURDAUGH LAWYERS ALLEGE ‘FABRICATED’ EVIDENCE WAS USED TO SECURE MURDER INDICTMENTS

"I have never heard the first thing about that," Waters said, adding that he communicates with SLED daily and had not been told of any such development.

"I will certainly look into that, but I would be flabbergasted to find out that actually had happened and no one had advised this office of that," Waters said.

McCaslin appeared struck by the allegation as well, telling Griffin, "As far as the murder in Allendale with the murder weapons, you certainly raised my eyebrows on that."

Griffin argued that if investigators determined shell casings from the Allendale case matched those tied to the Murdaugh murders, the defense wants the underlying testing and investigative records. He said such a finding could raise questions about the original ballistics analysis or whether a firearm associated with the Murdaugh case was later used in another killing.

Waters stressed that he had not read the FITSNews material and said he does not generally follow media coverage of the case.

"I don’t watch the podcast and I don’t read the blogs because I try to base what I’m doing on the evidence and not on speculation that’s out there in the media," Waters said. "It would blow my mind if something like that had happened in SLED and not call me."

I try to base what I’m doing on the evidence and not on speculation…— Creighton Waters, lead prosecutor in the Alex Murdaugh trial


Waters later said that SLED has now told him there is no known ballistics match linking a .300 Blackout used in an Allendale County shooting to another crime. Waters said the firearm evidence from the Allendale case was entered into a ballistics database but "there have been no leads or no matches on that."

"I’m going to find out more and double check and we’re going to run this down," Waters said, adding that SLED told him there were "no leads or hits" involving the .300 Blackout used in the Allendale shooting.

Defense attorney Dick Harpootlian said the defense wants more than a verbal assurance from investigators and remains skeptical of SLED because of issues it has raised over the agency’s handling of evidence in the Murdaugh case.

"I have never questioned Mr. Waters’ integrity," Harpootlian said. "But as a result of this case, I cannot help but question the SLED lab integrity and the SLED agency."

The defense also raised the case of Michael Colucci, whose murder charge was dismissed without prejudice after his attorneys alleged the state withheld critical exculpatory evidence.

Griffin noted that former SLED agent David Owen, the lead case agent in Murdaugh’s murder investigation, was also involved in the Colucci case and asked whether Owen was disciplined or sanctioned as a result.

Waters said he was not aware of any finding that Owen had been dishonest, but said he would look into it further.

The discussion centered in part on prosecutors’ Giglio obligations, named for the 1972 U.S. Supreme Court decision Giglio v. United States. Under that ruling, prosecutors must disclose material evidence that could be used to challenge the credibility of a government witness, including evidence of promises, agreements or other information that could show bias or affect a witness’s credibility. The Supreme Court held that withholding material credibility evidence can violate a defendant’s due process rights.

McCaslin also ruled on whether prosecutors could use Murdaugh’s testimony from his first murder trial at his retrial, although she said what portions can be introduced will depend on the evidence admitted in the new trial.

"I think it’s pretty clear, a criminal defendant’s testimony from a first trial is admissible at a retrial in the same case," McCaslin said.

The defense argued Murdaugh’s decision to testify at his first trial was influenced by the admission of extensive evidence about his financial crimes.

McCaslin rejected that argument, but said prosecutors will not automatically be able to introduce all of his previous testimony.

"If it’s not relevant, it’s not in," McCaslin said. "I’m going to allow it in, subject to what is being testified to in the trial."

Harpootlian said the defense "respectfully" disagreed with the ruling.
He told the court Smith failed a polygraph when asked whether he killed Paul and Maggie Murdaugh and said Alex Murdaugh passed one "with flying colors..
McCaslin warned the defense that mentioning a polygraph without first approaching her could risk a mistrial. Harpootlian joked that she should threaten him with contempt instead.

"You don’t want me to hold you in contempt, Mr. Harpootlian," McCaslin responded, later warning him not to start "screaming polygraph" in front of the jury.

"I got it. I agree with you," Harpootlian said.

McCaslin also said she would personally oversee the jury-selection process in the retrial. The first trial was thrown out after Colleton County Clerk of Court Rebecca "Becky" Hill was found to influence the jury for the guilty verdict.

Harpootlian asked the judge to directly supervise how prospective jurors are summoned and screened, repeatedly raising concerns stemming from the first trial.

"Wherever this trial is going to be, I will certainly make sure that it is on the up and up. I can promise you that," she said.
Waters pushed back on suggestions there had been problems with that portion of the first jury-selection process, saying there was "absolutely no evidence that there was any shenanigans with that part of the process."

It was one of several issues being discussed in Friday's hearing. McCaslin opened the hearing by saying she plans to take up all but three of the pending motions today.
Next, the judge moved to having a third-party lab, Othram DNA, to independently test DNA found from under Maggie Murdaugh's fingernails.

Griffin said previous testing showed a mixture that was about 99% Maggie Murdaugh’s DNA and 1% from an unknown male.

He said the defense wants the private lab Othram to conduct more advanced testing, including SNP analysis, in hopes of learning more about the unidentified male DNA.

"We want to pay for it, and we want to get on with it," Griffin told the court, saying that the testing could take 60–90 days.
Waters said the state is willing to make evidence available to the defense, but wants SLED to first process and quantify the untouched reserve sample and then stop before additional testing.

"If we’re going to burn it, it needs to be burned in a fashion that is fair to both sides," Waters said.
Griffin objected, arguing SLED has had the evidence for years and only sought additional testing after the defense asked to examine it.

"They’ve had five years," Griffin said. "Now, because we asked to test it, they want to take control of our testing. I mean, that’s not fair."

"I don’t have any faith they won’t screw this up," Harpootlian said. "Why don’t we have an independent right to examine the untested DNA?"

McCaslin focused on preserving enough material for both sides.

"You know, it’s not like a piece of paper. I can make a copy of it," the judge said. "It’s just such a little amount."

Following a short morning break, Harpootlian began questioning his own defense team member, defense attorney Phil Barber, as a witness in their venue change request.

"Would you agree that parking is difficult in downtown Charleston?" Waters asked.

"I would agree that parking is difficult in downtown Charleston if you're not permitted to parking," Barber said.

ALEX MURDAUGH MURDER SAGA LANDS RIGHT BACK WHERE IT STARTED BEFORE NEXT LOWCOUNTRY COURTROOM BATTLE

Throughout his questioning, Barber repeatedly said that Charleston was no more expensive than other parts of the Palmetto State.

"You don't think the cost of living is higher in Charleston?" Waters said.

"McDonald's is the same price in Charleston as anywhere else," Barber replied.

Harpootlian also noted that Murdaugh "was broke" and that the defense is conscious of the cost of the retrial.

"And when I'm there [Charleston], not on business. Well, sometimes on business too. I stay at really nice hotels and eat at really nice restaurants but we won't be for this. He's broke," Harpootlian said. "He hasn't had a job in four years and if he did have a job, the feds or the state would be seizing the money."

"Colleton County is poison…— Dick Harpootlian, lead defense attorney for Alex Murdaugh"


"Colleton County is poison," Harpootlian said.

McCaslin ruled that the trial would be removed from the Circuit and said that a formal motion would be released a later date.

"This ruling rests on four grounds. First, the exceptional rate of juror disqualification during the January 23rd jury selection. Second, the community prejudice arriving from the size of the county and the long-standing association between the defendant's family and the 14th Circuit. Third, the South Carolina Supreme Court's determination that the former Colleton County Clerk of Court improperly influenced the jury, depriving the defendant of his constitutional right to an impartial jury. And fourth, the form of publicity surrounding this case, there's case law that says, I can't transfer something just for publicity," McCaslin said.

"But with the four grounds that I've just stated, I am transferring it," she said.

Moving on to the last ruling, McCaslin ruled for in-camera proceedings from the previous trial to be unsealed; jurors' names will be protected and redacted. She did not take up the three existing motions, which include: the motion to exclusive evidence, the motion to admit evidence of motive, and the motion to dismiss the murder charges.

The judge said it would be too premature to issue rulings and will plan to issue those rulings closer to the retrial. The next pretrial hearing will be on Nov. 13 at 10 a.m.

ALEX MURDAUGH DEMANDS NEW EVIDENCE SEARCH IN HUNT FOR CRACKS IN CASE

Nathan S. Williams, a South Carolina federal criminal defense attorney and former Assistant U.S. Attorney who served as Criminal Chief for the District of South Carolina, told Fox News Digital a second trial changes the strategic landscape for Murdaugh.

"There is no surprising the government or the state at trial," Williams said. "He's given his testimony, they can prepare infinitely now to cross-examine him."

"That tends to be frankly more helpful for the state. I think they usually have a better chance on retrial," he added, while noting that limits on some of the state's evidence could cut the other way.

ALEX MURDAUGH'S DOUBLE MURDER CONVICTION UNANIMOUSLY OVERTURNED BY SOUTH CAROLINA SUPREME COURT

Murdaugh, 58, was convicted in 2023 of murdering Maggie, 52, and Paul, 22, at the family’s Moselle estate in Colleton County in June 2021. The South Carolina Supreme Court later overturned the convictions after finding that Hill improperly influenced jurors.

The high court ordered a new trial, but the retrial may look significantly different from the first.

At Murdaugh’s first trial, prosecutors argued that years of theft and financial fraud were closing in on him and that the killings were an effort to distract from mounting scrutiny.
MURDAUGH DEFENSE PLANS ALTERNATE SUSPECT PUSH AS DNA QUESTIONS LOOM OVER RETRIAL

The South Carolina Supreme Court did not rule that all evidence of Murdaugh’s financial wrongdoing was inadmissible, but it said prosecutors had been allowed to go too far into the details during the first trial.

LISTEN TO THE NEW 'CRIME & JUSTICE WITH DONNA ROTUNNO' PODCAST

Williams said he expects the amount of financial evidence to shrink from the first trial. He said, "there will definitely be less," adding, "How much less I think will be a good question."

Defense attorney Dick Harpootlian represents his client, Alex Murdaugh, on Monday, June 29, 2026, at a status hearing at the Marc H. Westbrook Judicial Center in Lexington, South Carolina. Murdaugh will be retried in the June 7, 2021, shooting deaths of his wife and son, after his original conviction was overturned due to jury tampering. (Tracy Glantz/The State via Pool)

Murdaugh took the stand in his own defense in 2023 and admitted lying to investigators about his whereabouts shortly before Maggie and Paul were killed. He denied murderingthem.

Fox News Digital has reached out to the attorney general's office and Murdaugh's defense team for comment."
The entire story can be read at:
https://www.foxnews.com/us/alex-murdaugh-explosive-bid-blow-up-murder-case-hinging-dna-dirty-money-lies-expert#origin=https:/www.google.com/&cap=swipe,education&webview=1&dialog=1&viewport=natural&visibilityState=prerender&prerenderSize=1&viewerUrl=https:/www.google.com/amp/s/www-foxnews-com.cdn.ampproject.org/c/s/www.foxnews.com/us/alex-murdaugh-explosive-bid-blow-up-murder-case-hinging-dna-dirty-money-lies-expert?usqp=mq331AQIUAKwASCAAgM%25253D&amp_kit=1
PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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. 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. 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 Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!

Wednesday, August 19, 2026

August 19: "Technology: (Gone Wrong): From our 'Now you see it, now you don't,' department: Montreal police (SVPM Service de Police Ville de Montreal HL) have quickly taken down a high powered surveillance camera after It was spotted in a Montreal neighbourhood, CBC News (Journalists Benjamin Shingler and Gabriel Guindi) reports, noting that: "The device used was a Cloudrunner CR-H2, manufactured by Montreal-based company Genetec, the Service de police de la Ville de Montréal (SPVM) later confirmed. Similar to the controversial Flock Safety cameras widely used in the United States, the system does more than scan licence plates. It also captures and stores specific vehicle characteristics, including colour, make and model, according to the company’s website."


QUOTE OF THE DAY: "Dominique Peschard, a spokesperson for the Ligue des droits et libertés, a Quebec human rights group, said police need to keep the public informed about the kinds of tools they are using — and can do so without compromising their work. “We're not asking what they are doing in detail, but what are the procedures?” Peschard said in an interview. “Investigative techniques are getting more and more invasive with technology. You need more and more oversight to make sure it doesn’t go overboard and infringe on our Charter rights.”

-------------------------------------

PASSAGE OF THE DAY: An internal privacy impact assessment by the SPVM, obtained by CBC News through an access-to-information request, acknowledges the technology poses civil liberties risks, including the potential to put innocent bystanders under investigation and the risk of discrimination based on visible social characteristics. The assessment, prepared in 2023, also says the risk of discrimination would be reduced because the software would be configured to search for objects — giving the example of a "red coat" or "green bike" — rather than identifiable traits such as ethnicity.

----------------------------------------

PASSAGE  TWO OF THE DAY: "The SPVM’s admission about the Cloudrunner camera on Wednesday came after a morning of confusion. Montreal police Chief Fady Dagher initially indicated he had no knowledge of the device on Wednesday morning. Later in the day, Dagher clarified his earlier comments, stating he was distracted by separate news regarding alleged racism at a Montréal-Nord police station. The chief confirmed the device belonged to the SPVM and was being used to target armed violence and vehicle thefts. Peschard said it was “striking” that the chief didn’t seem to be aware the SPVM was using the technology. “Whenever new investigative tools are used, it should be under supervision of the leading staff of a police department,” he said. “It’s their responsibility to make sure there are protocols and people’s private information is protected.”

-----------------------------------------

PASSAGE OF THE DAY:  "

STORY: "Montreal police take down high-powered surveillance camera after Radio-Canada story," by Journalists Benjamin Shingler and Gabriel Guindi, published by CBC News, on August 14, 2026. (Benjamin Shingler is a CBC reporter based in Montreal covering social issues and Quebec politics. He previously worked at The Canadian Press and the New Brunswick Telegraph-Journal, and is an alumnus of the Oxford Climate Journalism Network. Gabriel Guindi is a journalist at CBC Montreal and the former Editor-In-Chief of The Concordian.)

SUB-HEADING: "Rollout of AI surveillance raises privacy concerns."

PHOTO CAPTION: "A high-tech camera was spotted by a Radio-Canada reporter in Montreal's Rivière-des-Prairies neighbourhood on Monday. It was quickly taken down on Wednesday."
SUB-HEADING: "Montreal police are quietly growing their network of AI-powered tools to track vehicles and people across the city, raising questions about public transparency and privacy rights."

GIST: "A high-powered camera able to scan and identify vehicles was spotted earlier this week by a Radio-Canada reporter, on a lamp post along Henri-Bourassa Boulevard in Montreal’s Rivière-des-Prairies neighbourhood.

It was quickly taken down on Wednesday, after Radio-Canada published an article about the camera.

The device used was a Cloudrunner CR-H2, manufactured by Montreal-based company Genetec, the Service de police de la Ville de Montréal (SPVM) later confirmed.

Similar to the controversial Flock Safety cameras widely used in the United States, the system does more than scan licence plates. 

It also captures and stores specific vehicle characteristics, including colour, make and model, according to the company’s website.

While Flock cameras in the U.S. share data in a central database accessible to multiple police forces, Genetec's system differs in that the collected information is managed by its specific operator.

SPVM spokesperson Marc-Antoine Bélanger told CBC News that access to the captured images is used exclusively for the investigators in charge of the targeted work.

Bélanger said in an email that the camera was removed to "preserve our ongoing investigative strategies."

He said the SPVM intentionally keeps its technological tools secret so as not to hinder complex investigations.

"Investigative techniques, including the means and technologies used, are governed by clear rules from the courts and constitute privileged information," Bélanger said.

But privacy advocates say there has been a lack of transparency in rolling out new technology.

A high-powered camera able to scan and identify vehicles was spotted on a lamp post on Henri-Bourassa Boulevard in Montreal’s Rivière-des-Prairies neighbourhood. It was quickly taken down on Wednesday, after Radio-Canada published an article about the camera.

Dominique Peschard, a spokesperson for the Ligue des droits et libertés, a Quebec human rights group, said police need to keep the public informed about the kinds of tools they are using — and can do so without compromising their work.

“We're not asking what they are doing in detail, but what are the procedures?” Peschard said in an interview.

“Investigative techniques are getting more and more invasive with technology. You need more and more oversight to make sure it doesn’t go overboard and infringe on our Charter rights.”

Beyond licence plates

The use of the Cloudrunner cameras is part of a broader push by the SPVM into AI-driven technology.

The SPVM confirmed it is using iMotion ROC AI software, developed by Rank One Computing.

SPVM spokesperson Anik de Repentigny told CBC News the software is being used to help investigators sift through massive amounts of video, but denied that the force is using the software's facial recognition or biometric capabilities.

"This software will not be used to verify the identity of individuals in video images, but rather to identify the video passages where the targeted known element appears," de Repentigny said in an email to CBC earlier this year.

De Repentigny added that the system operates on a closed network offline from external databases. 


SPVM spokesperson Anik de Repentigny said iMotion ROC AI software is being used to help investigators sift through massive amounts of video, but denied that the force is using the software's facial recognition or biometric capabilities. (iMotion)

The software analyzes footage from the SPVM's 46 marked urban security cameras, as well as private residential and commercial surveillance video manually collected by officers with citizen consent or a warrant.

An internal privacy impact assessment by the SPVM, obtained by CBC News through an access-to-information request, acknowledges the technology poses civil liberties risks, including the potential to put innocent bystanders under investigation and the risk of discrimination based on visible social characteristics. 

The assessment, prepared in 2023, also says the risk of discrimination would be reduced because the software would be configured to search for objects — giving the example of a "red coat" or "green bike" — rather than identifiable traits such as ethnicity.

Lack of oversight?

The SPVM’s admission about the Cloudrunner camera on Wednesday came after a morning of confusion.

Montreal police Chief Fady Dagher initially indicated he had no knowledge of the device on Wednesday morning. Later in the day, Dagher clarified his earlier comments, stating he was distracted by separate news regarding alleged racism at a Montréal-Nord police station.

The chief confirmed the device belonged to the SPVM and was being used to target armed violence and vehicle thefts. Peschard said it was “striking” that the chief didn’t seem to be aware the SPVM was using the technology.

“Whenever new investigative tools are used, it should be under supervision of the leading staff of a police department,” he said. “It’s their responsibility to make sure there are protocols and people’s private information is protected.”

Public records show that last October, Montreal awarded a $17,134 contract with Genetec to obtain four Cloudrunner units on a one-year subscription.

While only one camera was spotted and removed, Bélanger told CBC News that more cameras could be added depending on the needs of investigations tackling armed violence, motor vehicle thefts and violence against merchants.

Andrew Elvish, vice-president at Genetec, said the technology is designed to respect people’s privacy and every interaction with the data gathered is logged.   

“You should have an expectation of reasonable privacy,” he said, then added, “it’s a trade off. If the threat of something bad happening is high, as a community, what are we comfortable with giving up to ensure that the community is safe?”

In response to a request for comment, a City of Montreal spokesperson said it had not installed the Cloudrunner camera, and referred questions about its deployment to the SPVM. 

During last fall’s election campaign, Montreal Mayor Soraya Martinez Ferrada championed the creation of a “voluntary” security camera registry that would allow officers to map out the locations of residents’ home closed-circuit television cameras. 

In Quebec, the Commission d'accès à l'information mandates that video surveillance in public spaces by public bodies must address a "legitimate, important, urgent and real objective" and urges organizations to only collect images necessary to solve a targeted problem.

Jean-François Latreille, a lawyer specializing in data security and privacy, said the use of such tools must be tightly restricted. 

If not, he said, "the individual will lose control over his privacy, at least in the public domain."

The entire story can be read at:

https://www.cbc.ca/news/canada/montreal/montreal-ai-cameras-police-9.7306432

PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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. 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. 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 Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true;

Tuesday, August 18, 2026

"Disgraced DNA. Analyst Yvonne (Missy) Woods: Colorado: The Colorado Bureau of Investigations (CBI) failure to stop scientist Missy Wood's crimes was outrageous criminal conduct," The Denver Post (Reporter Shelley Bradbury) reports, noting that: "Judge Vincente Vigil dismissed a felony child sex-assault case after finding the CBI’s inaction, even after multiple coworkers raised concerns about the quality of Woods’ work, rose to the level of outrageous government conduct, that is, “conduct that violates fundamental fairness and is shocking to the universal sense of justice,” he wrote in an Aug. 2 order."


QUOTE OF THE DAY: "It’s extremely rare for Colorado courts to find that official misconduct meets the legal standard of outrageous government conduct; the threshold for such a finding is “exceedingly high,” the judge noted. “The management at CBI at best fostered a workplace culture where case processing numbers were prioritized over rigorous technical oversight, and at worst actively sought to shield Ms. Woods, a favored employee, from having her deficient work product come to light,” Vigil wrote." 

---------------------------------------------
 
"SECOND QUOTE OF THE DAY: "“The fact of the matter is that Ms. Woods chose to become a cancer within the Colorado Bureau of Investigation, and that agency chose first to ignore, then place a bandage on the tumor until it could no longer be hidden from public view,” the judge wrote in the scathing six-page order. “When the integrity of our justice system is (compromised) as it was here, if we as the judiciary do not condemn such intolerable acts, we make a choice to tolerate them.” Woods mishandled DNA testing in at least 1,045 criminal cases during her 29-year career at the statewide criminal justice agency, an internal investigation found. She deleted, omitted and manipulated data to speed up the testing process and boost her productivity, creating unreliable DNA testing results in hundreds of criminal cases and sending shockwaves through Colorado’s criminal courts."

-------------------------------------------------

THIRD QUOTE OF THE DAY: “Here, the integrity of one thousand cases in presumably multiple courts has been compromised,” he wrote. “The integrity of the role of forensic evidence in our criminal justice system has been compromised. The manipulation of data in a thousand cases can be described no other way than violating principles of fundamental fairness, that forensic testing is reliable and will guide us to the truth because it has no opinion and cannot lie. Ms. Woods has taught us a hard lesson, that the integrity of a test relies on the integrity of a person."

-------------------------------------------------

PASSAGE OF THE DAY: "Vigil dismissed a charge of sex assault on a child against 31-year-old Daniel Eatinger filed in connection with a 2018 incident in Greeley in which a girl said a stranger broke into her bedroom while she was sleeping, sexually assaulted her and then left through a window. DNA testing conducted by Woods found Eatinger’s DNA in a bite mark on the girl’s body, according to an affidavit and the judge’s order. The order did not detail whether Eatinger’s case was one of the thousand that Woods mishandled, but suggested it does not matter — a judge can make findings of outrageous government conduct for actions that impact the integrity of the judicial system, not just for actions that impact a particular defendant, Vigil wrote. Eatinger, a registered sex offender, was previously convicted of a sexual battery charge in Florida in connection with an assault on a victim between the ages of 12 and 16, according to Florida court records."

----------------------------------------------------

STORY: "CBI’s failure to stop scientist Missy Woods’ crimes was outrageous government conduct, judge finds," by Reporter Shelley Bradbury,   published by The Denver Post, on August 18, 2026.

SUB-HEADING: Judge dismissed child sex assault case, finding the DNA analyst was ‘a cancer within the Colorado Bureau of Investigation’

GIST: "The Colorado Bureau of Investigation’s years-long failure to stop the misconduct of DNA analyst Yvonne “Missy” Woods constituted outrageous government conduct, a Weld County District Court judge found in an unusual ruling this month.

Judge Vincente Vigil dismissed a felony child sex-assault case after finding the CBI’s inaction, even after multiple coworkers raised concerns about the quality of Woods’ work, rose to the level of outrageous government conduct, that is, “conduct that violates fundamental fairness and is shocking to the universal sense of justice,” he wrote in an Aug. 2 order.

It’s extremely rare for Colorado courts to find that official misconduct meets the legal standard of outrageous government conduct; the threshold for such a finding is “exceedingly high,” the judge noted.

“The management at CBI at best fostered a workplace culture where case processing numbers were prioritized over rigorous technical oversight, and at worst actively sought to shield Ms. Woods, a favored employee, from having her deficient work product come to light,” Vigil wrote.

The Weld County District Attorney’s Office appealed the judge’s ruling to the Colorado Supreme Court on Monday. The filing was suppressed and was not available Tuesday.

“The fact of the matter is that Ms. Woods chose to become a cancer within the Colorado Bureau of Investigation, and that agency chose first to ignore, then place a bandage on the tumor until it could no longer be hidden from public view,” the judge wrote in the scathing six-page order. “When the integrity of our justice system is (compromised) as it was here, if we as the judiciary do not condemn such intolerable acts, we make a choice to tolerate them.”

Woods mishandled DNA testing in at least 1,045 criminal cases during her 29-year career at the statewide criminal justice agency, an internal investigation found. She deleted, omitted and manipulated data to speed up the testing process and boost her productivity, creating unreliable DNA testing results in hundreds of criminal cases and sending shockwaves through Colorado’s criminal courts.

The 65-year-old former scientist in June pleaded guilty to four felonies related to the data manipulation. She will be sentenced to between eight and 16 years in prison on Sept. 8.

Several of Woods’ colleagues raised repeated ethical concerns about her work years before the scandal broke open — in 2014 and again in 2018 — but the CBI failed to stop her misconduct until an intern discovered a pattern of missing DNA data in Woods’ work in 2023. That discovery prompted the first serious inquiry into Woods’ misconduct on the job, leading authorities to uncover the full scope of her crimes.

Rob Low, a spokesman for CBI, said in a statement Tuesday that the bureau is monitoring the case.

“We have tremendous respect for the courts and the judicial process and will watch the appellate review of this case,” he said. “We stand firmly behind the integrity of our Forensic Lab.”

Vigil found that the CBI had “little taste for oversight” and described the agency’s inaction as “incomprehensible.” Woods’ conduct “left a dark mark on the history of Colorado justice,” he wrote in the order.

“The Woods scandal is not merely about one case, but the conduct of the government over a shockingly wide field,” the judge wrote. “If the scope and breadth of the Woods’ scandal does not constitute outrageous government conduct, this Court would struggle to imagine something that would. If this is not outrageous government conduct, then that doctrine may as well not exist.”

Vigil dismissed a charge of sex assault on a child against 31-year-old Daniel Eatinger filed in connection with a 2018 incident in Greeley in which a girl said a stranger broke into her bedroom while she was sleeping, sexually assaulted her and then left through a window.

DNA testing conducted by Woods found Eatinger’s DNA in a bite mark on the girl’s body, according to an affidavit and the judge’s order.

The order did not detail whether Eatinger’s case was one of the thousand that Woods mishandled, but suggested it does not matter — a judge can make findings of outrageous government conduct for actions that impact the integrity of the judicial system, not just for actions that impact a particular defendant, Vigil wrote.

Eatinger, a registered sex offender, was previously convicted of a sexual battery charge in Florida in connection with an assault on a victim between the ages of 12 and 16, according to Florida court records.

Vigil noted in his order that he is aware of only one instance in state history in which an appellate court upheld a finding of outrageous government conduct, and that was in 1988, when La Plata County law enforcement created a fake criminal case against a fake defendant, charged the fake defendant with fabricated crimes and presented the case as real to a judge so that the fake defendant — an undercover officer — could hire a particular defense attorney and investigate the attorney for drug use.

In that instance, the judge wrote, the integrity of one case was compromised.

“Here, the integrity of one thousand cases in presumably multiple courts has been compromised,” he wrote. “The integrity of the role of forensic evidence in our criminal justice system has been compromised. The manipulation of data in a thousand cases can be described no other way than violating principles of fundamental fairness, that forensic testing is reliable and will guide us to the truth because it has no opinion and cannot lie. Ms. Woods has taught us a hard lesson, that the integrity of a test relies on the integrity of a person.""

The entire story can be read at:


PUBLISHER'S NOTE: I am monitoring this case/issue/resource. 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. 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. 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 Innocence Project; FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions. They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!