Thursday, January 23, 2025

Amanda Knox:Washington: Bulletin: The Associated Press (Journalists Nicole Winfield and Colleen Barry) reports that today (Thursday, January 34), the American journalist gets "a final shot" at clearing her name of slander, in Italy's highest court, noting that, "The ruling should bring an end to a sensational 17-year legal saga that saw Knox and her Italian ex-boyfriend convicted and acquitted in flip-flop verdicts in 21-year-old Meredith Kercher’s brutal murder, before being exonerated by the highest Cassation Court in 2015."


PASSAGE OF THE DAY: "The slander conviction against Knox remained the last legal stain against her. It survived multiple appeals, and Knox was reconvicted on the charge in June after a European court ruling that Italy had violated her human rights cleared the way for a new trial. Knox is watching the verdict at home “confident and respectful of the justice system as she always has been. She is confident that this story will end today,” her defense lawyer Carlo Dalla Vedova told reporters. Speaking recently on her “Labyrinths” podcast, Knox said: “I hate the fact that I have to live consequences for a crime I did not commit.”

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

STORY: "Amanda Knox gets a final sot at clearing her name of slander in Italy's highest court," by Associated Press Journalists Nicole Winfield and Colleen Barry, published on January 23, 2024.

GIST: "Amanda Knox has a final shot at clearing her name of the last vestige of criminal wrongdoing when Italy’s highest court on Thursday hears her appeal of a slander conviction for falsely accusing a Congolese bar owner in the 2007 murder of her British flatmate.

But the innocent man she accused, Patrick Lumbumba, told reporters outside Italy’s Cassation Court that he hopes the conviction stands and “stays with her for the rest of her life.”

Both sides presented their cases during a two-hour hearing, with the high court set to begin deliberations later Thursday, but it was unclear when a verdict would be announced.

The ruling should bring an end to a sensational 17-year legal saga that saw Knox and her Italian ex-boyfriend convicted and acquitted in flip-flop verdicts in 21-year-old Meredith Kercher’s brutal murder, before being exonerated by the highest Cassation Court in 2015.

The slander conviction against Knox remained the last legal stain against her. It survived multiple appeals, and Knox was reconvicted on the charge in June after a European court ruling that Italy had violated her human rights cleared the way for a new trial.

Knox is watching the verdict at home “confident and respectful of the justice system as she always has been. She is confident that this story will end today,” her defense lawyer Carlo Dalla Vedova told reporters.

Speaking recently on her “Labyrinths” podcast, Knox said: “I hate the fact that I have to live consequences for a crime I did not commit.”

Her defense team says she accused Lumumba, who employed her at a bar in the central Italian university town of Perugia, during a long night of questioning and under pressure from police, who they said fed her false information. The European Court of Human Rights found that the police deprived her of a lawyer and provided a translator who acted more as a mediator.


“I’ve been having nightmares about getting a bad verdict and just living the rest of my life with a shadow hanging over me. It’s like a scarlet letter,’’ Knox said on her podcast.

Even if the high court upholds the conviction and three-year sentence, Knox does not risk any more time she jail. She has already served nearly four years during the investigation, initial murder trial and first appeal. Knox said the aim is to clear her name of all criminal wrongdoing.

“Living with a false conviction is horrific, personally, psychologically, emotionally,’' she said on the podcast. “I’m fighting it, and we’ll see what happens.”

Knox returned to the United States in 2011, after being freed by an appeals court in Perugia, and has established herself as a global campaigner for the wrongly convicted. She has a podcast with her husband and has a new memoir coming out titled, “Free: My Search for Meaning.”

Knox returned to Italy in June for the verdict in the slander trial, and Dalla Vedova said at the time that she was “very embittered” by the conviction.

Knox was a 20-year-old student in the central Italian university town of Perugia when Kercher was found stabbed to death on Nov. 2, 2007, in her bedroom in the apartment they shared with two Italian women.

The case made global headlines as suspicion quickly fell on Knox and her boyfriend of just days, Rafaelle Sollecito. After eight years of trial, including two appeals to Italy’s highest court, they were fully exonerated in the murder in 2015.

Another man, Rudy Hermann Guede, from the Ivory Coast, was convicted of murder after his DNA was found at the crime scene. He was freed in 2021, after serving most of his 16-year sentence.

The European court ordered Italy to pay Knox damages for the police failures, noting she was particularly vulnerable as a foreign student not fluent in Italian.

Italy’s high court ordered the new slander trial based on that ruling. It threw out two signed statements drafted by police falsely accusing Lumumba in the murder, and directed the appellate court that the only evidence it could consider was a hand-written letter she later wrote in English attempting to walk back the accusation.

However, the appellate court in its reasoning said that the four-page memo supported a slander finding.

On the basis of Knox’s statements, Lumumba was brought in for questioning, despite having an ironclad alibi. His business suffered, and he eventually moved to Poland with his Polish wife.

Arriving at court, he underlined that Knox “has never apologized to me.""

The entire story can be read at: 

italy-knox-slander-conviction-murder-667277a1872206590e5f3737535811bf


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. 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.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


———————————————————————————————


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!


Christina Swarns: Executive Director: The Innocence Project;

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

Move over Annie Dookhan and Sonja Farak: Here comes "Missy" Woods, the former CBI (Colorado Bureau of Investigation) forensic scientist booked into jail yesterday (22 January, 2025) on 102 felony charges, including attempt to influence a public servant, forgery, cybercrime and perjury, the Denver Gazette (Reporters Jenny Deam and Carol McKinley) reports…"District Attorney Alexis King said Wednesday in a statement that CBI estimated Woods’ alleged years of misconduct has cost the state more than $11 million. The former forensic DNA analyst has been at the center of a massive state scandal after it was disclosed in November 2023 that the once revered scientist had deleted data, skipped steps and manipulated DNA evidence in more than 1,000 instances over her nearly three-decade career."

PUBLISHER'S NOTE:
Annie Dookhan (born 1977) is an American chemist who was convicted of felony obstruction of justice, tampering with evidence, and other crimes relating to mass falsification of lab results. At the time of her crimes, she worked at the MassachusettsDepartment of Public Health Drug Abuse lab, but was placed on administrative leave and subsequently quit after admitting to falsifying evidence affecting up to 34,000 cases. Wikipedia: (Sentenced to three-to-five years in prison after pleading guilty to several counts of obstruction of justice, perjury and tampering with evidence.)

Sonja Farak, who worked as a chemist at the Amherst drug lab since 2004, was arrested in January 2013 after one of her co-workers noticed samples were missing from evidence. In January 2014, she pleaded guilty to evidence tampering and drug possession. Farak received a sentence of 18 months in jail and 5 years of probation.

https://shawnmusgrave.github.io/farak-dookhan//farak

-------------------------------------------------------
QUOTE ONE OF THE DAY: "Michael Faye, Jefferson’s defense attorney, told The Denver Gazette on Wednesday that the scandal enveloping CBI should not end with Woods’ arrest. “It’s hard to have faith in anything they do at this point, especially since they seemingly didn’t know this was going on” Faye said. “It’s remarkable that they dropped the ball on this completely. When you’re talking about the public trusting an entity like this, how can you have faith in anything CBI is affiliated with at this point?”
————————————————————————
QUOTE TWO OF THE DAY: "During a 2023 interview with investigators about suspected wrongdoing, Woods remained vague in her responses, saying she either did not remember specific instances or said it “was possible.

The Denver Gazette obtained a transcript of her interview. “You literally can be the person whose work brings down CBI Forensic Services,” Kellon Hassenstab, assistant director in the investigations unit at CBI, told Woods during questioning. “Obviously everyone’s biggest fear,” Hassenstab said to Woods, “is that we have somebody in prison that shouldn’t be there.”

———————————————————————————————

PASSAGE ONE OF THE DAY: "In the fall of 2023, an intern in the CBI lab reported suspicions that Woods was manipulating data, which prompted a sweeping internal review of Woods’ work dating back to 1994. It was later revealed by the agency that her work had been flagged to supervisors in both 2014 and 2018, but those instances were never reported to the public and Woods was permitted to continue her work. For much of her career, she was considered the state’s go-to-expert in analysis of DNA criminal cases. CBI said she worked on more than 10,000 cases during her 29-year tenure at the agency. She was allowed to retire in November 2023 just before the scandal broke. Woods has no prior criminal history, according to charging document."

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

PASSAGE TWO OF THE DAY: "Still, the ongoing judicial crisis has thrown the fate of an undetermined number of criminal cases into limbo, infuriating both prosecutors and defense attorneys alike. Legal experts have said it could take years to untangle the fall-out. Not only is there deep concern that defendants may have been wrongfully imprisoned based on her DNA conclusions and testimony, but also prosecutors in at least three cases so far have said they felt forced to offer reduced charges and lighter sentences to murder suspects once headed for trial."

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

STORY: "Missy Woods, former CBI forensic scientist, booked into jail Wednesday on 102 felony charges," The  Gazette ((Reporters Jenny Deam and Carol McKinley).  reports.  Jenny Deam is an investigative Reporter; Carol McKinley is a freelance print and broadcast journalist who has been covering news from the Rocky Mountains for 30 years.

SUB-HEADING: "Felony charges include attempt to influence a public servant and forgery."

GIST:  Former top Colorado Bureau of Investigation forensic scientist, Yvonne "Missy" Woods, turned herself into Jefferson County authorities on Wednesday and was booked into jail on a 102-count felony indictment, according to county sources and court documents.

Woods, 64, was being held in Jefferson County Jail on a $50,000 cash only bond, according to a Jefferson County Sheriff’s Office spokesperson. She is scheduled to make her first court appearance at 10 a.m. on Thursday.

In the 35-page indictment, Woods — who goes by Missy — faces felony charges that include attempt to influence a public servant, perjury, forgery and cybercrime, according to court documents.

District Attorney Alexis King said Wednesday in a statement that CBI estimated Woods’ alleged years of misconduct has cost the state more than $11 million.

The former forensic DNA analyst has been at the center of a massive state scandal after it was disclosed in November 2023 that the once revered scientist had deleted data, skipped steps and manipulated DNA evidence in more than 1,000 instances over her nearly three-decade career.

There has long been speculation that Woods could face criminal charges as the scandal unfolded over the past year, but it was unclear until now what those charges would be. The South Dakota Division of Criminal Investigation reviewed her case for more than a year to determine what, if any, criminal charges were involved.

“Based on the available facts and after careful legal analysis, we have filed charges and will now proceed with a criminal prosecution,” King said in her statement. “My office remains committed to reviewing all affected cases within our jurisdiction on behalf of the defendant and victims involved.”

In the fall of 2023, an intern in the CBI lab reported suspicions that Woods was manipulating data, which prompted a sweeping internal review of Woods’ work dating back to 1994. It was later revealed by the agency that her work had been flagged to supervisors in both 2014 and 2018, but those instances were never reported to the public and Woods was permitted to continue her work.

For much of her career, she was considered the state’s go-to-expert in analysis of DNA criminal cases.

CBI said she worked on more than 10,000 cases during her 29-year tenure at the agency. She was allowed to retire in November 2023 just before the scandal broke. Woods has no prior criminal history, according to charging document

A CBI spokesperson had no immediate comment on the arrest and charges on Wednesday.

As of late last year, CBI acknowledged it had uncovered 1,003 “anomalies," or irregularities, in roughly 10 % of all of her work."

The embattled agency, though, has continued to say that its internal investigation did not show that she had ever falsified DNA matches or fabricated profiles.

Still, the ongoing judicial crisis has thrown the fate of an undetermined number of criminal cases into limbo, infuriating both prosecutors and defense attorneys alike. Legal experts have said it could take years to untangle the fall-out.

Not only is there deep concern that defendants may have been wrongfully imprisoned based on her DNA conclusions and testimony, but also prosecutors in at least three cases so far have said they felt forced to offer reduced charges and lighter sentences to murder suspects once headed for trial.

Just last week, the case against a suspected murderer in Douglas County dissolved into a plea deal because neither prosecutor nor the defense attorney wanted to risk going to trial because of Woods’ original DNA analysis in the case and the lingering cloud over CBI.

Roger Dean was killed during a botched robbery at his Lone Tree home in November 1985. The case had gone cold until Woods analysis of DNA found on a ski mask led to the arrest of William Jefferson, who had been held in Douglas County jail county since 2021.

Jefferson faced life in prison on a first-degree murder charge. But District Attorney George Brauchler said last week he felt he had no choice but to offer Jefferson a reduced sentence of 32 years on a single count of conspiracy to commit first-degree murder, rather than take the case to trial.

Michael Faye, Jefferson’s defense attorney, told The Denver Gazette on Wednesday that the scandal enveloping CBI should not end with Woods’ arrest.

“It’s hard to have faith in anything they do at this point, especially since they seemingly didn’t know this was going on” Faye said. “It’s remarkable that they dropped the ball on this completely. When you’re talking about the public trusting an entity like this, how can you have faith in anything CBI is affiliated with at this point?”

Throughout the scandal, Woods has said little about allegations against her except that she often felt overworked. It was not unusual for her to handle a larger caseload than her colleagues in the lab, a distinction she said gave her pride.

During a 2023 interview with investigators about suspected wrongdoing, Woods remained vague in her responses, saying she either did not remember specific instances or said it “was possible.

The Denver Gazette obtained a transcript of her interview.

“You literally can be the person whose work brings down CBI Forensic Services,” Kellon Hassenstab, assistant director in the investigations unit at CBI, told Woods during questioning.

“Obviously everyone’s biggest fear,” Hassenstab said to Woods, “is that we have somebody in prison that shouldn’t be there.”

When asked if CBI should be concerned about wrongful imprisonments, she replied, “Absolutely not.”

But in at least one case, the murder conviction of Michael Clark could now be in question because of her analysis. Clark is serving life without parole for the 1994 Boulder murder of Marty Grisham, which he has said he did not commit.

Clark was convicted in 2012, in the long-dormant case, largely on the strength of a DNA analysis conducted by Woods. That analysis has since been disputed by an outside DNA expert.

After the scandal broke, the Boulder County District Attorney asked that DNA in the case be retested. A hearing is scheduled for Jan. 30. Adam Frank, Clark’s defense attorney, has asked that his client’s conviction be overturned.

“Missy Woods is personally responsible for the ongoing nightmare of Michael Clark’s wrongful conviction,” Frank told The Denver Gazette on Wednesday.

When he learned of her arrest, he added: “Missy Woods will finally face the consequences for the horrors she has committed.”

Woods faces 52 counts of forgery, 48 counts of attempt to influence a public servant, one count of first-degree perjury and one count of cybercrime.

The sweeping indictment listed 58 instances of criminal misconduct that touched jurisdictions across the Front Range, from Pueblo to Fort Collins to Gilpin County, and from Aurora to Denver to Boulder.

One sexual assault case listed was a federal investigation in Rocky Mountain National Park.

As news of Woods arrest spread on Wednesday, some families affected by the scandal reacted in shock.

Tamara Harney, Roger Dean’s daughter and last surviving relative, said she felt relief on the heels of last week’s plea deal, which, she said, had left her troubled.

Harney told The Denver Gazette she plans to follow developments in the Woods case as it moves through the judicial system.

“She had a huge impact on my Dad’s case as well as so many other victims’ families,” Harney said. 

Woods' attorney said Wednesday she has no comment."

Te entire story can be read at:

https://denvergazette.com/news/missy-woods-former-cbi-forensic-scientist-booked-into-jail-wednesday-on-102-felony-charges/article_46ae507e-d8fe-11ef-8049-3fc56237e99f.html

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. 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.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


———————————————————————————————


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!


Christina Swarns: Executive Director: The Innocence Project;

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

Michael Jefferson: Colorado: A case in which the involvement of Yvonne "Missy" Woods, a discredited DNA Analyst whose misconduct continues to rock Colorado's criminal justice system like a series of earthquakes, leading, for example, to a much lesser sentence for Michael Jefferson (resulting from a plea deal) than what the victim's family had hoped he would serve, 'Denver7' (Executive Digital Producer Stephanie Butzer and Reporter Colette Bordelon) reports…"The sentencing marked the end of a long and complex case that hit one major, unforeseen obstacle — a delay that may end up impacting thousands of other Coloradans who trusted a Colorado Bureau of Investigation (CBI) DNA analyst to bring them clarity, comfort and justice. Vital DNA from the 1985 shooting scene in Douglas County had landed in the hands of a scientist accused of mishandling DNA across more than 1,000 cases."


BACKGROUND: "From a previous post of this Blog: (November 22, 2024): As of now, at least three cases have been impacted by Woods’ misconduct. In June 2024, Boulder County prosecutors agreed to a plea agreement in the 2019 felony murder conviction of Garrett Coughlin. After jury found him guilty of killing three people at a home in 2017, Coughlin was originally sentenced to life behind bars without possibility of parole. But, following the plea agreement, he was sentenced to 42 years in prison. Similarly, in August, Douglas County prosecutors agreed to a plea deal with Michael Jefferson, allowing him to plead guilty in exchange for facing no more than 32 years in prison when he is sentenced in January.  Jefferson pleaded guilty to felony murder and a violent crime for the November 1985 murder of Roger Dean. Jefferson had been charged with first-degree murder and if convicted at trial, could have spent life in prison. Now, it will be no more than 32 years for a murder case the former Douglas County sheriff called “airtight.” Most recently, the Boulder County district attorney has asked for new DNA testing in the case of Michael Clark, who was convicted in 2012 of the 1994 murder of Marty Grisham, and is serving life without parole. Woods originally tested a small jar of lip balm found outside Grisham’s apartment the morning after the murder. She concluded—and testified in court—that Clark’s DNA matched the partial profile she had developed from inside the Carmex container, placing Clark at the scene of the murder. Clark has maintained his innocence since he was arrested."


https://smithforensic.blogspot.com/2024/11/discredited-former-dna-analyst-yvonne.html


———————————————————————————[


PASSAGE OF THE DAY:  "On an afternoon in November 2023, news broke about CBI facing a criminal investigation after authorities discovered anomalies in an employee's work as part of DNA testing in the lab. The employee was identified as Yvonne "Missy" Woods, who had worked at CBI for 29 years. She left the agency that month, just before CBI's announcement about the anomalies. CBI announced that day that they had started an internal affairs investigation in September, and the results from that were completed and publicly shared in March. The report reads that she altered, manipulated or deleted data in DNA testing in hundreds of cases. Woods omitted material facts in official criminal justice records, tampered with DNA testing results by omitting some results, and violated CBI’s Code of Conduct and CBI laboratory policies, CBI reported, adding that the manipulations appear to have been intentional, but no motive was named. The state has allocated about $7.4 million to CBI to address the fallout of the investigation. Of that, CBI has spent more than $67,000 so far: more than $58,000 on DNA retesting in 37 cases requested by local district attorneys, and more than $8,000 reimbursed to district attorneys conducting post-conviction reviews involving cases Woods handled."

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

QUOTE OF THE DAY: "Twenty-third District Attorney George Brauchler, who had been in the position for barely 48 hours, stated that Jefferson did not have a history of substance abuse, was not a gang member and was holding down a job. Therefore, Jefferson knew better, he stressed. No matter the sentencing, he said it wouldn't feel like justice because of Woods' alleged actions with the DNA. "The great irony of this case is the DNA that brought him into this courtroom should have been enough," he said. "But the person who processed it was so flawed and broken — and her name is Missy Woods — that she presented such a risk that we already had to bake in extra mercy for him. We had to put him into a position where no matter what this court says today, he could be paroled in his mid-70s. And that is awful."

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

STORY: "Colorado cold case — 'tainted' by alleged DNA mishandling at CBI — reaches sentencing hearing Thursday," by Executive Digital Producer  Stephanie Butzer and Reporter Colette Bordelon, published by  Denver7, on  January 17, 2025.  (Stephanie Butzer joined the Denver7 team as a digital producer in June 2018, became the senior digital producer in February 2023 and stepped into the role of executive digital producer in December 2023.  Colette Bordelon  earned her degree in Broadcast Journalism from CU Boulder, graduating with honors and a double major in Philosophy Society and Values.)

SUB-HEADING: "Michael Jefferson received 32 years in prison, the maximum sentence, after pleading guilty to one count of conspiracy to commit first-degree murder."


GIST: "After nearly 40 years, a cold case out of Douglas County has been closed, but a major snag — which is likely to impact other cases — forced the judge to hand down a much leaner sentence than what victims had hoped.


On Thursday afternoon, loved ones of Roger Dean filled a courtroom, sitting alongside people who never knew him but have become ingrained in his family — and the circumstances around death — for decades.

At the front of the courtroom was Michael Shannel Jefferson, now 67 years old, donned in an orange jumpsuit and sitting next to his defense team.

The judge walked out and everybody stood up.

The day marked nearly 40 years — that's more than 14,600 days — since 51-year-old Roger Dean, a husband and father, was found shot multiple times in front of his home on Big Horn Court in Douglas County (now within city limits of Lone Tree), with no suspect in sight. It was a case that, to the horror of his mourning loved ones, would go cold for decades before Jefferson's arrest three and a half years ago.

By the end of the day Thursday, the judge had sentenced Jefferson to 32 years in prison, a significantly lesser sentence than what the victim's family hoped he would serve, but one derived from a plea deal. It was the maximum the law allowed.

“I never gave up hope that today would eventually come," Roger Dean's daughter Tamara Dean Harney said in court. “Trying to put into words the impact that Michael Jefferson has had on me is challenging at best. He not only ended my dad’s existence, but over the years, he purposefully attempted to make me question my safety and security, as well as the inherent goodness of people.”

The sentencing marked the end of a long and complex case that hit one major, unforeseen obstacle — a delay that may end up impacting thousands of other Coloradans who trusted a Colorado Bureau of Investigation (CBI) DNA analyst to bring them clarity, comfort and justice.

Vital DNA from the 1985 shooting scene in Douglas County had landed in the hands of a scientist accused of mishandling DNA across more than 1,000 cases.

THE LIFE AND DEATH OF ROGER DEAN

The morning of Nov. 21, 1985 was snowy in Douglas County.

Inside a home along Bighorn Court, Roger Dean and his wife Doris Jean "DJ" Dean were starting their day.

DJ had heard her husband downstairs and started her morning routine in a bathroom upstairs. It surprised her when Roger then called for her from their upstairs bedroom. She rounded the corner to see a man in a ski mask — later identified as Jefferson, then-28 years old — holding a gun on Roger, Harney and the prosecution told the court Thursday. Jefferson used the gun to direct DJ to the bed, where she was blindfolded and bound.

Jefferson demanded to know how much money the Deans had, Harney said.

DJ heard her husband hopefully asking the suspect, "You're not going to hurt us?" and the suspect replying, "Not if you do what I want," the prosecution said.

The two men went downstairs, where an altercation broke out. DJ heard two gunshots and her husband yelling, "I'll give you the goddamn 30,000," the prosecution said. She heard more gunshots and was able to get down the stairs to see that Roger had been shot. He stumbled to the front of the house and collapsed near the street.

He had been shot five times in the abdomen at close proximity.

He had died in the snow. Jefferson had fled from the scene.

Authorities were called.

At her workplace, Roger and DJ's daughter Harney had just sat down when a receptionist passed along a call from a friend of her mother's, who told Harney to come home immediately. Not knowing what had happened, Harney remembers that she couldn't stop crying as she made her way to her car, and the tears had frozen to her face.

“The scene was surreal when I turned toward our street," she said in court. "My path forward was blocked by emergency vehicles with flashing lights. I threw the car door open and attempted to run the rest of the way, but quickly slammed into what felt like a wall. A police officer had me in a bear hug, refusing to let me go closer.”

Inside a neighbor's house, she united with her mother. Finally, somebody told her that her dad had been killed.

“Mom and I were both in shock so we were taken by ambulance to Swedish Hospital. It always felt ironic that the place where I was born was the same place I was taken to face my dad’s death," Harney said.

At the scene, investigators gathered evidence — shell casings, buttons, a ski mask, a backpack.

Her dad's final moments play on replay in her head, Harney said.

"I shudder when I think of him lying on the cold pavement," she said. "His body riddled with bullets. Blood pouring from the five gunshot wounds that Jefferson fired at pointblank range into his abdomen.”

Carly Gibson also recalled the murder in court — at just 9 years old, she had witnessed it, though her account was not believed for years. She said she can still remember Roger calling for help, bleeding through his shirt, and collapsing on the ground outside his home. She watched Jefferson escape, she told the courtroom. She had told investigators what she had seen — a Black man running from the scene — but they did not believe her and authorities reported the suspect was white. She was proved to be correct many years later.

Roger's funeral came five days after the homicide, with the suspect still at-large and the investigation underway.


Around this time, Harney began receiving prank calls and death threats. Police recommended the family move away from Colorado until things calmed down. Harney said their move to Arizona only turned their lives more upside down, with the ever-lingering worry that they were on somebody's hit list.

A year later, she returned to Colorado with her mother. Harney briefly moved to California before coming back to Colorado. Together, she said she was evolving and rebuilding — as was DJ — even if the question of who killed Roger haunted them both.

“The devastating emotions that accompany losing someone you love to violence never go away. But it had become manageable," she said.

Five years after the murder, on July 21, 1990, Harney walked to the mailbox and everything changed. She opened a letter with her mother.

“I felt gut-punched when I read the author’s words, stating that he was dad’s killer," she said, adding that the letters contained details about the crime that were never released to the public.

The letter writer said they had followed her to California and around Colorado since her return, and if DJ did not pay $150,000, they would kill Harney. The letter warned the women not to call police. But they did, and the FBI became involved.

“Additional extortion letters continued to come," Harney said. "Most reiterated the same threats and demands. All continued to remind mom that the sender was a cold-blooded killer and that my dad was his proof.”

Authorities planned fake money drops and the Deans' phones were tapped. A body guard came with Harney wherever she went because she said she "refused to allow Jefferson to make me a prisoner in mom’s house." While the prosecution and multiple others said Jefferson was responsible for the extortion letters and calls, he was never convicted of it in court because the statute of limitations had run out, Harney said.

After one failed money drop, Harney said she picked up a call, where Jefferson told her that her mother had failed the task and that he would "get" Harney.

“Before I hung up, I basically dared him to try," she told the court Thursday. "I knew the threat to my life was real, but I was infuriated. Jefferson thought I would twitch like prey. He was wrong. Anger is stronger than fear and I had run out of patience with the murderous narcissist torturing my mom and disrupting my life again."

After one last attempted money drop in Denver, where nobody showed up, the messages and letters stopped.

“He made murder and extortion — something most only experience at the movies or on TV — part of our reality," she said.

The years turned to decades. New leaders moved in and out of the sheriff office.

But in February 2021, Douglas County Sheriff's Office authorities boarded a plane for Los Angeles, obtained a water bottle Jefferson had used to test for his DNA and confirmed it was a match for Jefferson. This was in addition to other scene DNA that had been tested.

On March 23, 2021, Jefferson, who had been living in New Orleans at the time, was arrested in Los Angeles.

Arrest made in 1985 killing of Douglas County man

He was extradited back to Colorado and brought to the Douglas County Jail, where he faced charges of first-degree murder (after deliberation), first-degree murder (felony), first-degree kidnapping (imprisoning or forcibly hiding a person and seriously injuring them), conspiracy to commit first-degree murder and sentence enhancers.

Seventeen days after he was extradited, a woman who worked with Roger in 1985 called a tip line to say Jefferson was her boyfriend at the time of the murder.

In June 2022, Jefferson pleaded not guilty to the charges against him.

ALLEGATIONS AGAINST ANALYST ACCUSED OF MISHANDLING 1,000+ CASES

On an afternoon in November 2023, news broke about CBI facing a criminal investigation after authorities discovered anomalies in an employee's work as part of DNA testing in the lab. The employee was identified as Yvonne "Missy" Woods, who had worked at CBI for 29 years.

She left the agency that month, just before CBI's announcement about the anomalies.

CBI announced that day that they had started an internal affairs investigation in September, and the results from that were completed and publicly shared in March. The report reads that she altered, manipulated or deleted data in DNA testing in hundreds of cases. Woods omitted material facts in official criminal justice records, tampered with DNA testing results by omitting some results, and violated CBI’s Code of Conduct and CBI laboratory policies, CBI reported, adding that the manipulations appear to have been intentional, but no motive was named.

The state has allocated about $7.4 million to CBI to address the fallout of the investigation. Of that, CBI has spent more than $67,000 so far: more than $58,000 on DNA retesting in 37 cases requested by local district attorneys, and more than $8,000 reimbursed to district attorneys conducting post-conviction reviews involving cases Woods handled.


How an investigation into a former CBI scientist caused a ripple effect

As first reported by Denver7 in December, CBI finished its review of all cases Woods was involved in and found 1,003 impacted cases, including the homicide of Roger Dean.

A criminal investigation into the accusations against Woods is ongoing. Woods denies the allegations. She is cooperating with law enforcement.

HOW THIS CASE WAS IMPACTED BY ALLEGED DNA MANIPULATIONS

After Jefferson pleaded not guilty to charges in 2022, court documents show a string of trials set and then vacated or continued.

The final trial date was vacated in August 2024 because a plea agreement was reached on Aug. 6, 2024, Eric Ross, spokesperson for the 18th Judicial District Attorney, told Denver7 last fall.

The reason for the plea agreement?

"This case, this investigation, is tainted by the work of one individual from CBI," the prosecution said Thursday. "While some of her work helped solve this case, it most certainly also forced it to resolve. And to resolve with a plea agreement that fails in many ways to hold the defendant accountable — accountable for his actions against the Dean family, his actions against the community.”

Per the plea agreement, Jefferson pleaded guilty to conspiracy to commit first-degree murder, a Class 2 felony. All other charges — which included first-degree murder and first-degree kidnapping

Jefferson's defense attorney Michael Faye confirmed to Denver7 last fall that Woods was the primary analyst on this case for the DNA and serology, and that Jefferson's case was "listed by CBI as having anomalies in Ms. Woods' work on the case." He also confirmed that the alleged manipulations were one of the factors in the plea deal that was ultimately offered.

The prosecution stressed that if the case against Jefferson had gone to trial instead of a plea agreement, Woods' alleged manipulation of DNA could have put a conviction in jeopardy. That still stands despite several DNA testing groups outside of CBI confirming Jefferson's involvement, she and Sheriff Darren Weekly said.

“When this trial started, we were confident the evidence would deliver a sentence of life in prison, until CBI was called into question," Harney said. "Fearing negative press coverage would cause someone on the jury to question if the DNA was tainted, we agreed to a plea. Given trial delays, the debacle with Missy Woods — I think it’s a good thing that mom wasn’t here to witness this. If she wasn’t already dead, this process would have killed her.”

In court Thursday, sheriffs that span Douglas County's history spoke about how the office continued to pursue the case over the decades, as Jefferson flew all over the world, raised children and grew a business until his arrest.

Twenty-third District Attorney George Brauchler, who had been in the position for barely 48 hours, stated that Jefferson did not have a history of substance abuse, was not a gang member and was holding down a job. Therefore, Jefferson knew better, he stressed.

No matter the sentencing, he said it wouldn't feel like justice because of Woods' alleged actions with the DNA.

"The great irony of this case is the DNA that brought him into this courtroom should have been enough," he said. "But the person who processed it was so flawed and broken — and her name is Missy Woods — that she presented such a risk that we already had to bake in extra mercy for him. We had to put him into a position where no matter what this court says today, he could be paroled in his mid-70s. And that is awful."

Defense attorney Faye spoke briefly about Jefferson's upbringing. He was never in trouble. Studied hard to get good grades. Worked in the medical field. He taught GED classes. Traveled the world. He raised children and invested in real estate construction to flip houses, which he was successful in, Faye said. Between when he was 28 at the time of the homicide and now, Jefferson has not had a single criminal episode, he said.

Several letters in Jefferson's support had been submitted to the court for the judge to read. They were written by respected people, Faye said, including doctors, lawyers and engineers. They were not read in court.

Faye argued that Jefferson's plea represents his accountability and asked for a 16-year sentence, the minimum allowed.

Aside from the judge, Jefferson was the final person to address the court Thursday.

He began by stating that he has always complied with state and federal laws. He urged his loved ones to remember his character.

“In regards to the tragic loss of Mr. Dean’s life and the pain and grief the family has suffered — I can only imagine their hunger for justice and closure. That’s something I would feel too," he said, adding that he hopes his plea brings some peace and closure.

All of that led up to 4 p.m. Thursday, when all eyes turned back to Judge Victoria Klingensmith.

The judge started with an apology to Harney for the loss of both parents, as well as to Gibson for what she endured as a 9-year-old murder witness. She then addressed Jefferson, stating she was puzzled about how a man who seemed to have been such a productive and liked member in the community had committed the crime.

Judge Klingensmith said she struggled to see any remorse or accountability from Jefferson.

She then sentenced him to 32 years in prison, the maximum allowed under the plea agreement. She awarded 1,382 days of pre-sentence confinement.

After the sentencing, Harney said the defendant still had not taken accountability, but she was thankful to have reached a sentence.

“I'm very sorry that it wasn't the full life in prison, but I'm grateful for all the work that's been done to get us where we are here today and to remember my dad," she said. "He didn't deserve the end that he had. My family didn't deserve to go through everything that they did... I can't tell you how relieved I am that after almost 40 years, we are finally here today with a sentence of 32 years.”

The entire story can be read at: 

https://www.denver7.com/follow-up/colorado-cold-case-tainted-by-alleged-dna-mishandling-at-cbi-reaches-sentencing-hearing-thursday

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. 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.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


———————————————————————————————


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!


Christina Swarns: Executive Director: The Innocence Project;

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