softheart
04-30-2003, 11:57 AM
Independent lab probe given push---City, county officials say inquiry
would help rebuild faith in system
A number of city and county officials want an independent panel to
investigate what went wrong with DNA testing at the Houston Police
Department crime laboratory, but Mayor Lee Brown does not believe such an
investigation is necessary.
Harris County Judge Robert Eckels, District Attorney Chuck Rosenthal and
Houston City Council members Tuesday said an independent panel's
investigation would help restore public faith in the criminal justice
system.
The scandal at the HPD crime lab "calls into question the integrity of
entire (criminal justice) system," Eckels said.
"That's the cornerstone of the justice system, that we have reliable
evidence in court. Even more so when it is coming from the state," he
said. "In this case, serious questions have arisen about the state's
evidence and that calls into question the entire criminal justice system."
Eckels, Rosenthal and some City Council members have talked of creating a
10-member panel consisting of local law school professors, DNA scientists
from local medical schools, representatives from law enforcement agencies
and the public. The proposal calls for Brown and Eckels to each appoint 5
panel members.
Contacted about the proposal late Tuesday night, Brown issued a statement
that said, "I believe all the review of the lab that are necessary are
under way."
Brown cited the independent audit conducted last fall at the request of
the Police Department, which led to the closing of the crime lab in
December. The audit was highly critical of the way the lab analyzed DNA
evidence. The lab is known to have made a mistake analyzing the DNA in at
least 1 case. Josiah Sutton, 21, was released from prison in March after
serving 4 1/2 years for a rape that he insisted he did not commit.
Sutton was freed after a 2nd DNA test performed by a private laboratory
excluded him as a suspect.
The Police Department and the Harris County district attorney's office are
reviewing all cases involving DNA testing and ordering new tests at
private laboratories in any case where a defendant was convicted at trial
or pleaded guilty.
Brown also noted the Police Department is conducting its own internal
affairs investigation of the laboratory and a grand jury will begin an
inquiry later this month. There also is a second comprehensive audit of
the laboratory under way by the National Forensic Sciences Technology
Center, he said.
Those who support an independent panel said it is important to have the
crime lab investigated by an entity not affiliated with the Police
Department or the district attorney.
Eckels said it's important "to establish some credibility that this is not
a whitewash by the city." He and Rosenthal have offered to pay for the
panel out of their budgets.
Rosenthal said he would welcome a review by an independent panel.
While he supports the creation of a blue-ribbon panel, Rosenthal said he
remains steadfast in his refusal to step aside and appoint a special
prosecutor to lead a grand jury investigation of the crime lab.
The 22 criminal judges in Harris County have asked Rosenthal to recuse
himself and let someone else lead a grand jury investigation. Rosenthal
refused, saying it is his responsibility to lead criminal investigations
in the county.
"I don't want to set that precedent and I won't," Rosenthal said.
Rosenthal also said he is opposed to letting an independent panel review
criminal cases and decide which ones should have new DNA testing. His
office is conducting such a review.
Police Department spokesman Robert Hurst said, "We have an ongoing
investigation at this time and we are not in a position to discuss any
further aspects of the DNA testing section of the crime lab until such a
time that it will be proper to do so."
Hurst would not say how long the investigation will last.
Councilman Mark Ellis said he doubts an independent panel will be created
without Brown's support.
"There seems to be a little bit of mistrust from the Brown administration
from what I call a genuine offer from the county," Ellis said. "I hope he
can overcome it and we can move forward and put this behind us.
"I think from both sides of your political philosophy (both liberals and
conservatives), everyone is screaming for us to do something."
(source for both: Houston Chronicle)
would help rebuild faith in system
A number of city and county officials want an independent panel to
investigate what went wrong with DNA testing at the Houston Police
Department crime laboratory, but Mayor Lee Brown does not believe such an
investigation is necessary.
Harris County Judge Robert Eckels, District Attorney Chuck Rosenthal and
Houston City Council members Tuesday said an independent panel's
investigation would help restore public faith in the criminal justice
system.
The scandal at the HPD crime lab "calls into question the integrity of
entire (criminal justice) system," Eckels said.
"That's the cornerstone of the justice system, that we have reliable
evidence in court. Even more so when it is coming from the state," he
said. "In this case, serious questions have arisen about the state's
evidence and that calls into question the entire criminal justice system."
Eckels, Rosenthal and some City Council members have talked of creating a
10-member panel consisting of local law school professors, DNA scientists
from local medical schools, representatives from law enforcement agencies
and the public. The proposal calls for Brown and Eckels to each appoint 5
panel members.
Contacted about the proposal late Tuesday night, Brown issued a statement
that said, "I believe all the review of the lab that are necessary are
under way."
Brown cited the independent audit conducted last fall at the request of
the Police Department, which led to the closing of the crime lab in
December. The audit was highly critical of the way the lab analyzed DNA
evidence. The lab is known to have made a mistake analyzing the DNA in at
least 1 case. Josiah Sutton, 21, was released from prison in March after
serving 4 1/2 years for a rape that he insisted he did not commit.
Sutton was freed after a 2nd DNA test performed by a private laboratory
excluded him as a suspect.
The Police Department and the Harris County district attorney's office are
reviewing all cases involving DNA testing and ordering new tests at
private laboratories in any case where a defendant was convicted at trial
or pleaded guilty.
Brown also noted the Police Department is conducting its own internal
affairs investigation of the laboratory and a grand jury will begin an
inquiry later this month. There also is a second comprehensive audit of
the laboratory under way by the National Forensic Sciences Technology
Center, he said.
Those who support an independent panel said it is important to have the
crime lab investigated by an entity not affiliated with the Police
Department or the district attorney.
Eckels said it's important "to establish some credibility that this is not
a whitewash by the city." He and Rosenthal have offered to pay for the
panel out of their budgets.
Rosenthal said he would welcome a review by an independent panel.
While he supports the creation of a blue-ribbon panel, Rosenthal said he
remains steadfast in his refusal to step aside and appoint a special
prosecutor to lead a grand jury investigation of the crime lab.
The 22 criminal judges in Harris County have asked Rosenthal to recuse
himself and let someone else lead a grand jury investigation. Rosenthal
refused, saying it is his responsibility to lead criminal investigations
in the county.
"I don't want to set that precedent and I won't," Rosenthal said.
Rosenthal also said he is opposed to letting an independent panel review
criminal cases and decide which ones should have new DNA testing. His
office is conducting such a review.
Police Department spokesman Robert Hurst said, "We have an ongoing
investigation at this time and we are not in a position to discuss any
further aspects of the DNA testing section of the crime lab until such a
time that it will be proper to do so."
Hurst would not say how long the investigation will last.
Councilman Mark Ellis said he doubts an independent panel will be created
without Brown's support.
"There seems to be a little bit of mistrust from the Brown administration
from what I call a genuine offer from the county," Ellis said. "I hope he
can overcome it and we can move forward and put this behind us.
"I think from both sides of your political philosophy (both liberals and
conservatives), everyone is screaming for us to do something."
(source for both: Houston Chronicle)