softheart
05-21-2003, 03:06 PM
May 21, 2003
By ROMA KHANNA and STEVE McVICKER, Houston Chronicle
A Harris County grand jury has begun investigating the Houston Police
Department crime lab independent of the district attorney's office, which
usually leads such investigations.
The grand jury has subpoenaed Houston Chronicle reporter James Kimberly
and other journalists, said Joel White, an attorney with Ogden, Gibson,
White, Broocks and Longoria, who represents the Chronicle and other
clients.
Meanwhile, District Attorney Chuck Rosenthal said he soon will present
information about the lab to another grand jury.
Rosenthal said he may address a grand jury this week about the HPD lab,
where DNA testing has been suspended amid questions about accuracy.
He has repeatedly been asked to step aside from any investigation of the
crime lab because his office often uses HPD evidence to prosecute cases
and some of its employees may be called to testify.
Rosenthal said he has developed a "cast of characters" to give to a grand
jury. He said he also will present a report from the National Forensic
Science Technology Center, which found poor management was the lab's worst
problem. He would not elaborate on his other plans or say if he is
developing a case for any criminal charges.
It was not clear Tuesday whether any other grand jury is investigating the
crime lab. There are five grand juries convened for 90-day terms that
began this month. Their proceedings are secret.
State District Judge Ted Poe, who convened the grand jury that issued the
subpoenas, said he believes "one or more" grand juries will look into the
matter, but he could not say if any other grand juries have begun an
investigation.
Harris County's 22 criminal district judges have requested a grand jury
inquiry into the HPD crime lab and asked Rosenthal to recuse himself.
Rosenthal has said he does not yet see a clear conflict of interest and
will not step aside.
If Rosenthal recuse himself, he would clear the way for the appointment of
a special prosecutor from outside the district attorney's office who could
then lead a grand jury investigation into the lab's problems.
HPD shut down the DNA division of its crime lab after an independent audit
uncovered serious problems.
The closure has prompted a review of the evidence from thousands of
incidents processed at the lab and the district attorney's office has
ordered the retesting of evidence in 187 cases.
To date, a private lab has completed retests on 17 cases. The lab's tests
support the defendants' guilt in 13 cases and disagree with or have been
unable to duplicate HPD's results in four. One man, Josiah Sutton, has
been released from prison after DNA retesting excluded him as a rape
suspect.
------
Source : Houston Chronicle
By ROMA KHANNA and STEVE McVICKER, Houston Chronicle
A Harris County grand jury has begun investigating the Houston Police
Department crime lab independent of the district attorney's office, which
usually leads such investigations.
The grand jury has subpoenaed Houston Chronicle reporter James Kimberly
and other journalists, said Joel White, an attorney with Ogden, Gibson,
White, Broocks and Longoria, who represents the Chronicle and other
clients.
Meanwhile, District Attorney Chuck Rosenthal said he soon will present
information about the lab to another grand jury.
Rosenthal said he may address a grand jury this week about the HPD lab,
where DNA testing has been suspended amid questions about accuracy.
He has repeatedly been asked to step aside from any investigation of the
crime lab because his office often uses HPD evidence to prosecute cases
and some of its employees may be called to testify.
Rosenthal said he has developed a "cast of characters" to give to a grand
jury. He said he also will present a report from the National Forensic
Science Technology Center, which found poor management was the lab's worst
problem. He would not elaborate on his other plans or say if he is
developing a case for any criminal charges.
It was not clear Tuesday whether any other grand jury is investigating the
crime lab. There are five grand juries convened for 90-day terms that
began this month. Their proceedings are secret.
State District Judge Ted Poe, who convened the grand jury that issued the
subpoenas, said he believes "one or more" grand juries will look into the
matter, but he could not say if any other grand juries have begun an
investigation.
Harris County's 22 criminal district judges have requested a grand jury
inquiry into the HPD crime lab and asked Rosenthal to recuse himself.
Rosenthal has said he does not yet see a clear conflict of interest and
will not step aside.
If Rosenthal recuse himself, he would clear the way for the appointment of
a special prosecutor from outside the district attorney's office who could
then lead a grand jury investigation into the lab's problems.
HPD shut down the DNA division of its crime lab after an independent audit
uncovered serious problems.
The closure has prompted a review of the evidence from thousands of
incidents processed at the lab and the district attorney's office has
ordered the retesting of evidence in 187 cases.
To date, a private lab has completed retests on 17 cases. The lab's tests
support the defendants' guilt in 13 cases and disagree with or have been
unable to duplicate HPD's results in four. One man, Josiah Sutton, has
been released from prison after DNA retesting excluded him as a rape
suspect.
------
Source : Houston Chronicle