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brayton_headshot_wre_1443.jpg Ed Brayton is a journalist, commentator and speaker. He is the co-founder and president of Michigan Citizens for Science and co-founder of The Panda's Thumb. He has written for such publications as The Bard, Skeptic and Reports of the National Center for Science Education, spoken in front of many organizations and conferences, and appeared on nationally syndicated radio shows and on C-SPAN. Ed is also a Fellow with the Center for Independent Media and the host of Declaring Independence, a one hour weekly political talk show on WPRR in Grand Rapids, Michigan.(static)

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« Cop Gets Off. And Then Gets Off. | Main | Challenge to SC Released Time Case Moves Forward »

Another Corrupt and Inaccurate Crime Lab

Posted on: December 22, 2009 9:02 AM, by Ed Brayton

Last year the crime lab for the entire city of Detroit was shut down because of an extraordinary error rate that required the evaluation and retrials for hundreds of convicted defendants. Then a Colorado crime lab was so rife with errors that they had to reopen more than 80 cases of drunk driving. Now a new report concludes that the New York state crime lab may be worse than those two combined. The New York Times reports:

The New York State Police's supervision of a major crime laboratory was so poor that it overlooked evidence of pervasively shoddy forensics work, allowing an analyst to go undetected for 15 years as he falsified test results and compromised nearly one-third of his cases, an investigation by the state's inspector general has found.

The analyst's training was so substandard that at one point last year, investigators discovered he could not properly operate a microscope essential to performing his job, the report released on Thursday said.

And when the State Police became aware of the analyst's misconduct, an internal review by superiors in the Albany lab deliberately omitted information implicating other analysts and suggesting systemic problems with the way evidence was handled, the report said. Instead, the review focused blame mostly on the analyst, Garry Veeder, who committed suicide in May 2008 during the internal inquiry.

"Cutting corners in a crime lab is serious and intolerable," said the state's inspector general, Joseph Fisch. "Forensic laboratories must adhere to the highest standards of competence, independence and integrity. Anything less undermines public confidence in our criminal justice system."

And if you believe this, I've got a bridge to sell you:

The State Police superintendent, Harry J. Corbitt, said that the agency planned to hire an outside consultant. "Appropriate remedial measures will be taken with respect to any conduct falling below the highest standards," said Mr. Corbitt, whose nomination last year by Gov. David A. Paterson was meant to help rehabilitate the scandal-tainted agency.

After the State Police began its internal investigation last year, it notified district attorneys across the state that evidence in criminal cases examined by Mr. Veeder might have been compromised. Mr. Veeder worked in the crime lab analyzing so-called trace evidence, like fibers, hair, impressions and other physical material found at scenes of crimes, including homicides.

But on Thursday, police officials said that none of the district attorneys had found that Mr. Veeder's work had cast doubt on any of their convictions.

"We are satisfied that there were no wrongful convictions, nor any miscarriages of justice which resulted from these improper procedures," Mr. Corbitt said, stating a viewpoint also shared by Mr. Fisch.

Imagine that, the prosecutors don't think a crime lab analyst who spent 15 years faking results ever had any effect on any actual trial in which that evidence was introduced. I'm shocked that prosecutors, most of whom continue to argue that once someone is convicted they shouldn't even have access to evidence that could conclusively prove their innocence (or guilt!), don't think any of their convictions could possibly be wrong.

Let me make a prediction: There are a whole bunch of innocent people in prison in New York right now who are not going to find those confident assurances by the prosecutors to be terribly convincing. And they're going to file motions to reopen their cases. And the prosecutors are going to fight tooth and nail to prevent that because, quite frankly, they couldn't care less about justice; they only care about being reelected.

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Comments

1

We have a system where law enforcement receive accolades and promotions based on their conviction rates. It's only natural that they are tempted to cheat, the combination created by the two outcomes provides a powerful incentive. DA's and AG's have to win cases to move up. Policemen have to get convictions to get promotions. Both careers have a high incidence of individuals coming to believe that everyone they deal with is a "perp." You put it all together, the belief that everyone is guilty of something and the incentive to get convictions and it is easy to understand why some of them lose sight of the fact that convicting an innocent person is doubly wrong, first, of course, you have the innocent person, but second, apparently forgotten, is the fact that you are letting a guilty person go free.

You're heavily into law enforcement lately Ed, makes me want to move to a deserted island. *sigh*

Posted by: dogmeatib | December 22, 2009 9:53 AM

2

Justice doesn't matter, only convictions matter.

I know because I've been through it.

Posted by: Rob Jase | December 22, 2009 9:55 AM

3

I agree with dogmeat, the incentives are all wrong. And they're all wrong because the people doing those jobs, and the public, have a serious misunderstanding of the goal they should be pursuing. The goal of the criminal justice is not convictions; the goal is discovering the truth and bringing about justice.

Unfortunately, this attitude applies even to judges. Where judges are elected, it is quite common for a judge to promote their conviction and imprisonment rate as a reason for keeping them on the bench. Frankly, I find that sick and creepy.

Posted by: Ed Brayton | December 22, 2009 11:04 AM

4

Not the same but similar:

The bbc's File on 4 has an article on how the privatization of forensic science is corrupting the justice system there.

The people doing the forensics seem to be quite competent, but they're not being allowed to do the science that needs to be done because of the costs.

(O.K., there was one incompetent, unqualified guy, but he's an American.)

Posted by: Equisetum | December 22, 2009 2:11 PM

5
---but he's an American

But of course

Posted by: Chilidog | December 22, 2009 3:04 PM

6

I was wondering if it was the CSI generation (look, a white powder - must be heroin!) - but Veeder was around too long - more like the Sledge Hammer generation.

Oh gee, district attorneys who want to rake up points for convictions so that they can move up the ladder can't think of a single case which might have been compromised - they don't even have to go and read the files - they just know! Goddamn, isn't TV land nice and simple.

Posted by: MadScientist | December 22, 2009 3:44 PM

7

@Equisetum: The police departments and forensic labs I've seen cannot cope with the amount of evidence brought in, so work is prioritized. You've got (film) photo's of the scene? That's nice - put it in that refrigerator and we'll develop the roll if it's needed. And yet there isn't sufficient funds being set aside to come up with guidelines for acceptable digital photos (not so simple since there is the mistaken impression that digital photos are easier to manipulate - something I'm sure the old film artisans find either hilarious or enraging).

I've also found that no one wants to pay for things; over 20 years I've run into people and said "hey, you can do a better job if you'd do this and this" and the response is always "that's nice, but I don't want to pay for it". Innovation in forensics takes a hell of a lot of time and money - aside from the $$$ spent on developing and testing new instruments or techniques, you need to spend $$$ to convince people the information is admissible in court. In short: if private forensic labs want to do more science, they need to charge more money (in which case they either lose business or the police send in less material for examination). It's a tough nut to crack - and certainly not limited to the UK.

Posted by: MadScientist | December 22, 2009 4:01 PM

8

Amazing! This has all happened before.

http://en.wikipedia.org/wiki/New_York_State_Police_Troop_C_scandal

Posted by: Brian | December 23, 2009 1:08 PM

9

I used to work at that place (DNA). It has a long history of making life miserable for competent people (read the IG's report to see how all the competent NYSP trace analysts they interviewed were former NYSP analysts- I remember the big smiles on the faces of a couple of them when they escaped to better jobs) and promoting unqualified, ignorant toadies. People have been trying to point out for years that it will never be a respectable lab until the management is completely civilianized, but the State Police have always had enough political clout to successfully resist such calls. Maybe this will finally be the catalyst for getting it done, but I'm not hopeful. Meanwhile, every time I hear about one of these crime lab scandals I want to strangle the idiots responsible with my bare hands- they make the rest of us look like crap.

Posted by: Steve LaBonne | December 23, 2009 1:52 PM

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