It is looking like DNA evidence, the evidence that many of you swore would ensure that no innocent person would ever be executed, has been tainted.

Focus will be on those in which team suspects injustice, he says
By STEVE MCVICKER
Copyright 2006 Houston Chronicle
In the wake of new revelations of incompetence — or perhaps worse — in the Houston Police Department crime laboratory, the investigator hired to get to the bottom of the scandal says he is sharpening his focus to target DNA cases with known problems.

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Michael Bromwich told the City Council's Public Safety Committee on Tuesday that the fine-tuning was necessary in light of his report last week that found errors in almost one-third of the lab's DNA and serology cases selected by random sampling.

"The rate of error is so high, little would be accomplished by doing a representative, or random, sampling as originally (planned)," he said.

The former U.S. Justice Department inspector general also expressed frustration about the lack of cooperation by some former lab workers, saying it might take subpoena power to force them to talk with his team.

But he acknowledged that he is not likely to get the authority that could help him determine whether all of the testing errors resulted from honest mistakes, or whether some results may have been tailored to fit certain suspects.

Calling the problems in the DNA and serology labs "serious and pervasive," including the failure to report evidence crucial to the defense, Bromwich said his investigators will "target specific cases in which we believe there may have been injustice committed."

His team now will focus on 56 DNA cases that outside labs found to have problems. HPD hired those labs in a massive retesting effort that began after an independent audit found widespread problems at the department's DNA lab three years ago.

He said the retest list will include 13 cases recently added by HPD and the Harris County District Attorney's Office.

Since the DNA lab was shuttered in December 2002, errors have been exposed in the work of four other crime lab disciplines, as well.

In releasing his report last week — the fourth installment of his crime lab probe — Bromwich announced that his review of the lab's serology division also will be expanded to include cases dating to 1980 instead of 1987, as was first planned.

He added that his investigators already have looked at all 18 death penalty cases involving DNA evidence processed by the HPD lab. Of those, Bromwich said, his team found errors in three and possible errors in a fourth. The condemned inmates in those cases are awaiting execution.

Bromwich also said his team is still reviewing 51 non-DNA death penalty cases handled by other divisions of the lab, and is looking for more. He said the convicts in 19 of the 51 cases have been executed.

Councilwoman Carol Alvarado cited a story in Sunday's Houston Chronicle that noted that HPD had attempted to fire or discipline some lab employees, only to see the sanctions overturned by the city Civil Service Commission.

Three analysts suspended because of the latest findings by the Bromwich team — Mary Childs-Henry, Joseph Chu and Raynard rell — have been targeted for discipline in the past but have escaped serious punishment. The same goes for former analyst Christy Kim, whose shoddy work led to the wrongful rape conviction of Josiah Sutton, one of two men released from prison after the discovery of flawed work.

Kim was fired, but the Civil Service Commission re-instated her and she later retired.

"The Civil Service Commission needs to be revamped," Alvarado said. She added that if lab workers are found to have intentionally falsified test results, they should be prosecuted. "Why aren't these people sitting in a jail somewhere? I'm not going to be satisfied until somebody's head is on a platter."

District Attorney Chuck Rosenthal said last week that the statute of limitations may preclude bringing state criminal charges against lab workers.

Chu said in a civil service hearing that the analysts attempted to alert then-Police Chief C.O. Bradford about the lab problems in 1999. In a letter, the analysts described the DNA division as a "total disaster."

Bradford has denied receiving the letter.

Bromwich told the council committee it may take subpoena power to get cooperation from some key witnesses but acknowledged that it's doubtful he could be granted such power.

Former state appellate court judge Murry Cohen agrees, saying Bromwich probably would have be named as a special prosecutor. Since that would involve working with a grand jury in secret — something Bromwich opposes — both say the chances of that happening are slim.

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