Archive for March, 2011
Storage of evidence key to exonerations;
March 28, 2011USA TODAY, FINAL EDITION
SECTION: NEWS; Pg. 13A
BYLINE: Kevin Johnson
Dallas, TX
High number of wrongly convicted people freed because of Dallas archive spurs national push to retain DNA tied to crimes
DALLAS — The exoneration of Cornelius DuPree Jr. after three decades in prison began in a cramped local laboratory, where an unusual repository of biological evidence from thousands of crimes is liberating more wrongly convicted inmates than any in the country.
The lab was born in the aftermath of President Kennedy’s assassination here to fill a void: When Kennedy was shot in 1963, there was no forensic science center in Dallas County to store and analyze evidence needed to solve crimes. Today, as DNA analysis has matured, old samples of blood, hair, dried saliva and other biological material preserved at the lab have transformed it into an archive of hope for prisoners held in error.
Crime-solving remains the lab’s primary mission, and the old DNA samples have helped analysts identify criminals who have eluded investigators for years. Exonerations have emerged as a by-product of that mission. Since 2001, the lab’s DNA archive has secured freedom for 21 prisoners serving up to life in prison — the most exonerations in any county.
As more horrific mistakes of the past are exposed, the Institute of Forensic Sciences has become Exhibit A in a national push by some lawmakers, civil rights advocates, prosecutors and the federal government for more uniform standards regulating how biological evidence should be retained in criminal cases.
Dupree, 51, was freed in January when DNA lifted from strands of hair stored at the lab more than 30 years ago cleared him in the rape and robbery of a Dallas woman and her male companion. James Woodard, 57, was freed in 2008 after evidence filed at the lab more than 27 years ago wiped out his conviction in the slaying of his girlfriend. Charles Chatman, 49, was freed in 2008 because evidence warehoused more than 26 years ago cleared him in the rape and robbery of a neighbor.
For all three men, technology was just developing or did not exist to test the evidence collected at the time of their arrests. The first exoneration using DNA evidence occurred in 1989; the years since have produced advances in science and the law.
In Dallas County, the wrongs are being righted because “the evidence — decades after it was collected — was there to test,” District Attorney Craig Watkins says. The county has been retaining evidence for decades, some samples since 1978.
But in many places, the samples that ultimately freed DuPree, Woodard and Chatman would not have been saved. Only about half the states — including Texas — now require the automatic preservation of DNA evidence after conviction, according to The Innocence Project, which uses DNA evidence to assist inmates’ claims of innocence. Sixteen states have no preservation laws.
As new cases of wrongful convictions continue to emerge based on DNA tests, the campaign for consistent preservation standards is gaining momentum across the country. Among recent developments:
* The National Institute of Justice, the research arm of the Justice Department, is funding the development of consistent guidelines for evidence retention across the country. The work, organized by the Commerce Department’s National Institute of Standards and Technology, began last year and is expected to be complete by 2012, says Melissa Taylor, an analyst in the institute’s law enforcement standards office.
* Pennsylvania Republican state Sen. Stewart Greenleaf says a four-year study commissioned by the state’s General Assembly, planned for release as early as April, is expected to recommend a package of bills requiring the retention of evidence and the creation of a forensic advisory board to oversee crime lab operations. Pennsylvania has no current preservation laws.
Greenleaf, who has consulted with Dallas officials about their laboratory practices, fears his state’s prisons may hold as many — or more — wrongly convicted prisoners as those in Texas. “I believe there may be more cases nationally and in Pennsylvania that we are not aware of in part because of the lack of (evidence) supervision and preservation,” he says.
* Massachusetts state Sen. Cynthia Creem, a Democrat, is sponsoring a proposal that would increase inmates’ access to testing after conviction and set standards for retaining the evidence in a state where no guidelines exist. Creem’s bill, filed in January, calls for all biological evidence to be retained as long as the convicted prisoner remains in custody or on probation or parole.
While many lawmakers agree new state measures are needed to guard crucial evidence for possible future testing, not all believe their states need or can afford the standard followed in Dallas County, where much of the biological evidence is never discarded.
“At some point you have to be practical,” Montana Republican state Sen. James Shockley says. He supports a bill in which prosecutors can request that evidence be destroyed after convicted felons’ appeals are exhausted, even if time remains on their prison sentences. In cases where there is no suspect, the evidence would be preserved for 30 years.
“The problem is storage,” Shockley says of costly warehouse space that would have to be expanded if evidence were stored indefinitely. “I can’t imagine any science” that would warrant longer retention to preserve the option for future testing. “That’s just not real world.”
Yet when DuPree was sentenced to 75 years in prison in 1980, Watkins says nobody foresaw the value of DNA analysis in identifying errors in the criminal justice system today, either.
Barry Scheck, co-director of The Innocence Project, says there is a simple explanation for why so many wrongfully convicted prisoners have walked out of Dallas County courtrooms as free men: “What makes Dallas unique is that they have saved more evidence,” Scheck says. “That’s the reason. End of story.”
100,000 pieces of DNA
There is only one view to the outside world from one of the examination rooms at the Institute of Forensic Sciences.
Framed by a bay window on one wall is the drive-up emergency room entrance at Parkland Hospital, the spot where President Kennedy was brought nearly 48 years earlier.
The laboratory owes its very existence in large part to law enforcement weaknesses exposed by the president’s assassination, says Timothy Sliter, the institute’s evidence section chief. Sliter says the assassination and the resulting investigations underscored the county’s lack of scientific expertise and ability to analyze evidence in criminal probes.
Although conceived in the post-assassination 1960s, the lab did not open until the late 1970s, when the earliest standards for the storage of evidence emphasized preservation, Sliter says.
Some, including Watkins, say the strict evidence retention practices were first encouraged by legendary Dallas District Attorney Henry Wade, who wanted the evidence preserved to guard against defendants’ appeals. But Sliter believes science set the tone for an archive that now holds about 100,000 pieces of biological material.
Much of the evidence is stored in 17 freezers, all set to 0 degrees Fahrenheit.
The samples — on stained fabric swatches, in small plastic tubes and on cotton swabs containing all forms of biological material — are packaged in plastic, assigned a number and filed in blue plastic bins, resembling a library in deep freeze.
New evidence pouring in from about 100 law enforcement agencies in the area requires the addition of one new freezer every year. Each is equipped with an alarm system to guard against fluctuating temperatures and possible machine malfunctions.
Stacy McDonald, Sliter’s chief deputy, says the steady volume of work has produced a backlog of about 450 tests, resulting in average wait times of two to three months for results. The requests come from police, prosecutors and prisoners. Emergency requests, she says, can be turned around in about three days.
McDonald says the $33 cost per sample includes the “lifetime” storage fee.
Sliter says expenses to test and maintain the lab are far more substantial — about $5 million per year. Yet he disputes the idea that long-term storage is too costly.
“It’s all a matter of whether you think it’s important enough to do,” he says. “For years, people lived with the delusion that the justice system was free from error. In the 1990s, that delusion began to be shattered largely because of DNA evidence.”
Sliter, McDonald and the lab’s 17 analysts know their work has led to dramatic exonerations, but they have never met the men who have won their freedom.
“We try to treat everything we do here with the same sense of seriousness,” McDonald says. “Somebody could be executed based on what we do here.”
“The prosecutors may love us today,” Sliter adds. “Tomorrow, maybe not so much.”
Archive missing material
For all of the Dallas laboratory’s successes, the institute’s record isn’t perfect, says Michael Ware, chief of Dallas County’s Conviction Integrity Unit.
Evidence in some cases dating to the late 1970s and early 1980s cannot be located, says Ware, whose unit was created in 2007 to review hundreds of convictions in which questions were raised about prisoners’ possible innocence.
“You are not going to find what you’re looking for in some of those cases,” Ware says. “And that’s under the best of circumstances. Think about what that means in other laboratories” that do not always preserve evidence.
McDonald acknowledges there are missing pieces from the archive’s earliest years, from about 1978 to 1983. From 1983 on, she says, the evidence is intact.
About 30% of requests for archived evidence go unfilled because the material is not available, McDonald says. In some of those cases, including convictions based on confessions or plea agreements, the evidence was never submitted by the investigating agency. In others, the material may have been returned to the agencies at their request.
Joe Latta, executive director of the International Association for Property and Evidence, says problems with missing and mishandled evidence plague the industry.
“The vast majority (of police agencies and crime labs) have a hard time taking care of what we call ‘the stuff,’ ” says Latta, one of 23 members of the federal panel that is developing national guidelines for evidence retention.
He says many evidence warehouses are run by police or other law enforcement officials who have no background overseeing those operations. Civilian scientists, not police, maintain the biological evidence in the Dallas lab.
“Police chase bad guys,” Latta says. “We have no experience whatsoever taking care of warehouses.”
The Dallas lab’s work has given DuPree a chance to reclaim the life he lost 30 years ago.
He married after his release from prison. As an intern for Democratic Texas state Sen. Rodney Ellis, a strong supporter of the innocence movement, DuPree is advocating for new laws to help innocent prisoners gain their freedom.
Among the proposals being drafted is a bill to adopt uniform standards for how evidence is retained across the state.
“Without that evidence being in that lab, there is no way I’m here,” DuPree says. “I would still be in prison.”
No law on DNA preservation
Sixteen states have no laws requiring the preservation of DNA evidence:
* Alabama
* Idaho
* Indiana
* Kansas
* Massachusetts
* New Jersey
* New York
* North Dakota
* Pennsylvania
* South Dakota
* Tennessee
* Utah
* Vermont
* Washington¹
* West Virginia
* Wyoming
1 — Note: Washington does not require preservation but does have a provision in state law that allows judges to order the preservation of evidence.
Source: The Innocence Project
- — - — - — - — - — - — - — - — - — - — - — - — - — - — - — -
International Association for Property and Evidence
“Law Enforcement Serving the Needs of Law Enforcement”
www.IAPE.org
Jailer’s case may go to grand jury
March 23, 2011The Marietta Times, mariettatimes.com
BYLINE: Brad Bauer, bbauer@mariettatimes.com
Washington County, OH
Charges could be filed against a former Washington County Jail administrator, following an investigation into missing medication at the jail and a recommendation of charges later forwarded to the county prosecutor’s office.
Former sheriff’s Capt. Dean Ketelsen, a 26-year veteran officer, was placed on leave Dec. 15 after an audit revealed as many as 1,400 pain killers could not be accounted for. He resigned Jan. 28, asking to keep his commission.
Sheriff Larry Mincks said the resignation did not stop the investigation into the missing Tramadol, a non-narcotic prescription drug, from continuing. He said Ketelsen’s commission as an officer was revoked as a result of the ongoing investigation.
“We had conducted an audit and over a two-year period we found something like 1,400 pills were missing during that time. After an investigation we sent a grand jury brief to the prosecutor’s office,” Mincks said. “The mere fact that we did that means we recommend certain charges. At this point it is up to the prosecutor to review the case and decide if it will be presented to a grand jury.”
Mincks declined to say what charges were recommended. He said any charges should be left to the prosecutor and a grand jury to decide.
Washington County Prosecutor Jim Schneider said he did receive the file but that he has not reviewed the case.
“Of course I’ve had an opportunity to review it … I’ve got files that are brought into this office every day from the sheriff’s office, Marietta (Police Department), Belpre (Police Department) and the (Ohio) highway patrol,” Schneider said. “There are 400 files here and I’ve had an opportunity to review them all. But just because a file is brought here doesn’t mean I review it immediately.”
Mincks said the Ketelsen case would have been delivered to the prosecutor’s office about six weeks ago.
The investigation did not include a search of Ketelsen’s residence and exactly what happened is “not clear cut,” according to Mincks.
“There were no searches of his home just because there was nothing there to lead us to believe there would be any items there pertaining to what we were looking for,” Mincks said.
A phone number for Ketelsen could not be located Tuesday.
Mincks said he did not want to discuss specifics of the case.
“We conducted an investigation and we sent that to the prosecutor,” he said. “It is my opinion that this needs to go before a grand jury to let them decide if a violation of any kind occurred. It’s not a clear cut matter.”
Mincks said the jail contracts with a company to bring drugs to the jail when inmates are issued prescriptions while incarcerated. When an inmate leaves the facility, the company comes back and takes possession of any unused drugs. It is some of those drugs that were destined for disposal that have come into question.
- — - — - — - — - — - — - — - — - — - — - — - — - — - — - — -
International Association for Property and Evidence
“Law Enforcement Serving the Needs of Law Enforcement”
www.IAPE.org
Orlando Sentinel, orlandosentinel.com
BYLINE: Henry Pierson Curtis, Orlando Sentinel
Windermere, FL

Photo of the Windermere evidence room. Windermere Police Department, Windermere Police Department / March 22, 2011
Evidence lockers, where guns, money and drugs are stored, were in disarray, state finds.
Guns, drugs and money routinely disappeared in recent years from the evidence locker at Windermere Police Department, a Florida Department of Law Enforcement audit has found.
The extensive, systematic loss of evidence is the latest development in a corruption scandal that has soiled Central Florida’s wealthiest community since Police Chief Daniel Saylor’s arrest in January on charges of blocking a child rape investigation.
“We are doing everything we can to assist the Windermere Police Department in locating the guns that are unaccounted for,” FDLE Assistant Special Agent in Charge Danny Banks said Tuesday afternoon. “The extreme number of missing items is almost unheard of – we have frankly never seen anything this flagrant before.”
Within hours of the audit’s release Tuesday, Saylor was charged with six new felonies unrelated to the missing evidence. The charges — which include bribery of a public servant and solicitation to tamper with evidence — accuse Saylor of taking added measures to cover up the blocked rape investigation. Saylor was not re-arrested; but he must be arraigned on the new charges.
The total number of missing guns remains under investigation. But records show 43 guns were missing along with at least $3,771 in cash, small amounts of cocaine and marijuana and more than 100 pills of oxycodone, a widely abused painkiller.
The audit was done at the request of Windermere Police Chief Mike McCoy, who discovered the mess in the evidence room after he was hired last month to replace Saylor.
McCoy on Tuesday told the Orlando Sentinel that the audit is another step in rebuilding the police department’s reputation.
“Some officers have already decided to leave and I am quite pleased with the quality of the applicant pool we’re starting to see,” he said. “The next step is to rebuild the esprit de corps that gives the town the professional, reliable service they can count on.”
In a letter to McCoy dated Monday, FDLE Special Agent in Charge Joyce Dawley said that her agency’s audit uncovered major problems with how Windermere police handle evidence, and that FDLE investigators found several items of evidence that “cannot be accounted for” at this time.
“Problems involving basic documentation, storage facilities, and security of sensitive evidence have led to a lack of accountability,” Dawley wrote.
All items seized by police agencies are supposed to be bagged, tagged and catalogued in locked storage as evidence until destroyed or returned by court order.
Earlier this month, Windermere officials acknowledged that town records in general were poorly stored and organized. Three personnel files, for instance, disappeared last year from the former police chief’s locked office.
Neither Saylor nor his lawyer, Mark NeJame of Orlando, could be reached for comment Tuesday.
Agents conducting the audit concluded Windermere police did not follow basic procedures for storing, documenting and securing evidence. Besides discovering missing items, the agents found more than 150 pieces of evidence including a semi-automatic machine pistol and four more guns in the evidence locker without any paperwork linking them to a crime, record show.
Records were so shoddy that in double-checking their audit, FDLE contacted the Orange County Sheriff’s Office and found Windermere turned over about 20 of the 43 missing guns for destruction without any paperwork.
That leaves about 20 missing guns that may be on the street.
“This report shows the complete lack of oversight, accountability and management of our former police chief,” Windermere Mayor Gary Bruhn said after reading FDLE’s description of the record-keeping nightmare.
The biggest concern is that someone in the police department stole the guns, sold them on the street where they may turn up in robberies or murders.
“That’s what scares me,” Bruhn said. “We will never know.”
FDLE is checking statewide to determine if any of the missing weapons has been recovered at crime scenes. Banks appealed for help, saying, “if anyone in the community has information on recovering some of these guns, please contact FDLE.”
Windermere’s evidence room is a converted closet measuring 9-feet-long by 4-feet-wide.
Somehow, officers packed it from floor to ceiling with dozens of confiscated firearms, laptops, swords, clubs, beer kegs, bongs and cartons of evidence logged in criminal cases. Unlike proper evidence vaults, Windermere did not have separate safes for storing guns, drugs and cash.
“I ordered the locks changed today,” said McCoy, who is issuing just one key and restricting access to one sergeant. “I’m rendering our property and evidence room inactive for the next six months.”
Winter Garden police have agreed to store evidence collected by Windermere in the next six months while the agency straightens out its operations.
While the evidence room had three keys in recent years, McCoy pointed out that anyone could climb into the evidence room by removing a hanging ceiling tile from an adjacent hallway.
If the missing items turn out to be stolen, current or former police officers would be the likely suspects as only they and one or two non-sworn employees had access to the police offices. Turnover of disgruntled officers during Saylor’s tenure became so common he said he installed an electronic locking system to keep from replacing the department’s key locks.
FDLE officer certification records show more than 40 officers joined and left the police department during Saylor’s nine years as police chief.
Windermere police first came under scrutiny in November 2009 following Tiger Woods’ crash in the nearby gated community of Isleworth. While not within Windermere’s jurisdiction, two town police officers arrived first at the crash scene and one was accused later of selling photos of the golfer’s damaged SUV to a celebrity website.
In May 2010, the Orlando Sentinel reported that Windermere was known throughout Central Florida law enforcement for hiring “second-chance” officers fired or forced to resign from other police agencies. Nearly half of Windermere’s 24 officers, including Saylor, joined the department under those circumstances.
Since Saylor’s arrest in January and subsequent firing, three other Windermere officers have resigned or been dismissed. More officers are expected to leave in coming weeks after FDLE completes its investigation of the department, according to current and former officers.
Saylor was charged on Jan. 12 with unlawful compensation for official behavior and official misconduct. He is accused of shutting down rape investigations involving two girls to help Scott Bush, 50, of Windermere, who was charged the same day with capital sexual battery of a person under 12 and sexual touching of a person under 12 years of age.
Windermere’s Corruption Scandal
Jan. 12: Windermere Police Chief Daniel Saylor arrested on charges of unlawful compensation for official behavior and official misconduct related to an accused cover-up of a rape investigation of two Windermere girls.
His friend, Scott Bush of Windermere, is charged with capital sexual battery of a person under 12 and sexual touching of a person under 12 years of age.
Jan. 25: Saylor fired after the Orlando Sentinel reports he had tried to cover-up his forced resignation from the Florida Police Chiefs Association a year earlier without telling Windermere officials.
Feb. 7: Former Orlando Police Chief Mike McCoy hired to replace Saylor.
Feb. 11: Lt. Paul Conway, Saylor’s top aide, resigns and promises to testify against Saylor.
Feb. 17: McCoy orders all officers to undergo new criminal background checks.
Mar. 9: Saylor accused of accepting $1,000 bribe to hire a police officer facing loss of certification, according to FDLE records.
Mar. 15: McCoy offers to re-investigate any cases residents think were mishandled by Saylor.
March 21: FDLE audit of evidence room at Windermere Police Department finds dozens of guns unaccounted for as well as cash and drugs.
hcurtis@tribune.com or 407 – 420-5257
- — - — - — - — - — - — - — - — - — - — - — - — - — - — - — -
International Association for Property and Evidence
“Law Enforcement Serving the Needs of Law Enforcement”
www.IAPE.org