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noholdsbarred - > No holds barred -> DA's crime lab isn't perfect, but it works
DA's crime lab isn't perfect, but it works

I’m not among those on the bandwagon who are condemning the Kern County District Attorney’s crime lab as too cozy with law enforcement. Don’t tell D.A. Ed Jagels, though, it’d ruin his lunch!


Yes, the lab had a major, MAJOR, screw-up on a high-profile vehicular manslaughter case.


And in cases where law enforcement officers are involved either as victims or perpetrators, we should probably have evidence tested at an independent lab to avoid the perception of bias.


And I think some of its reporting protocols need to be tightened.


But here’s why the lab has my confidence overall: It’s hanging its dirty laundry out for all of us to see.


Believe me, when I first read about how the lab messed up I thought we should have the state Department of Justice take over. (I even called and asked if they do that sort of thing. They don’t.)


In case you haven’t been following this case, a Pasadena attorney named Daniel Willsey is accused of driving under the influence of meth when he hit Kern County Sheriff’s Deputy Joe Hudnall head on in the Kern River Canyon in November 2006. Hudnall died in the wreck.


Willsey’s blood, which the lab says contained meth, has its own story.

First, it was learned that a friend of Deputy Hudnall’s family who works in the lab inappropriately handled the blood. That’s not good, but it wasn’t hidden. The incident was detailed in in a prosecution report that the defense attorney had access to.


Next, and far worse, the lab destroyed the blood sample back December 2007. That’s the big mistake, and to this date, no one knows how it happened.


Then, come to find out, an independent lab had a second sample from Willsey and its results were significantly different from those of Kern’s lab.
This lab found higher amounts of meth in Willsey’s blood. I’m sure prosecution and defense experts will argue over the reasons for that, but, again, the information was not kept secret.


“We made a mistake,” Assistant District Attorney Dan Sparks acknowledged. “But we did not try to hide it. No matter how bad or embarassing — and this is damned embarassing — we reported it and we will learn from it.”


He stressed that none of what happened was an error in the science.

I know what some of you are thinking because I thought the same thing, if these kinds of blunders can happen on such a high-profile case, what about the cases without intense media interest?


Sparks said the proof is in the courtroom.


The defense can do its own testing or have experts watch the DA criminalists do the testing and present their evidence and arguments in court.


I talked with a number of defense attorneys and got all different answers from “nope, never had a problem with the crime lab” to others who said they have serious misgivings about bias toward the prosecution and just plain sloppy work.


The lab is accredited, since 2006, by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board, a privately run, national organization.


To be accredited, the lab had to go through rigorous testing and defend its protocols on everything from chain of custody to how it double checks work. Sparks told me blind tests are a daily routine, they keep detailed logs and all results are peer reviewed.


The accredidation group also requires that labs report any significant problems with procedures or personnel.


The D.A. crime lab did not report the Willsey an
omolies, I was told by the accreditation group’s CEO Ralph Keaton, who has since contacted the lab for an explanation.


As I said, the lab’s reporting protocols need tightening.


In recent years, a number of reports have come out by different groups saying crime labs run by law enforcement agencies (and nearly all crime labs in California are run by law enforcement agencies) have a natural bias toward the prosecution.


The reports recommend labs be made independent and a special commission created to oversee them. Oh, and it should all be properly funded.


Yeah, like that’s gonna happen in a state that can’t even pass a budget on time!

Even in theory, though, I wonder if independence is the best course. We rely on law enforcement officers to conduct interviews and investigate cases, don’t we? Well, a crime lab is an investigatory tool.

I’m not sure putting that in the hands of a totally separate entity is the best answer.

We’re extremely lucky that for once, Kern County is ahead of the game.

We actually have our own crime lab. Most counties don’t, they have to rely on the state and wait in line for results.


The lab is not perfect. Certainly not “beyond reproach,” as Sparks has said previously, and the lab has a big hole to climb out of on this Willsey case.

But it is an incredible asset to this community, as long as it operates openly and is upfront about its flaws.

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posted by noholdsbarred on Saturday, September 20, 2008 at 02:08 PM
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posted by catpaw on Sep 20, 2008 at 03:03 PM

Which is like saying the Lerdo jail isn't perfect but it works and the evidence room isn't perfect but that works too.  We're assuming the unlucky inmate doesn't get beaten to death or evidence in a case isn't missing without explanation.  There is no excuse for sloppy or careless police procedure regardless which department.

How can a jury in clear conscience convict someone of a serious crime if there is a pattern of flaws in the system? How can a DA prosecute if evidence is mishandled or missing? The vindication of crime victims and the public safety is in jeopardy if we can't be confident that the people entrusted to do the job aren't doing it.  Sorry, "working" isn't good enough, it's got to be perfect. I want to know that the evidence that puts someone away cannot possibly be compromised.

 

posted by Roysan on Sep 20, 2008 at 09:07 PM

The dirt bag STILL had Meth in his blood so he IS still guilty.  Yes they need to figure out why the levels were different, but meth is meth.  I'm tired if the local press joining with the defense attorneys in trying to discredit the Crime Lab.  You quote defense attorney Kyle Humphrey calling the Crime Lab "monkeys and mad scientists".  This is the same scum bag Kyle Humphrey who spent months saying his client did not kill Steve Tauzer. That's until the State Crime Lab found his client's DNA on the murder weapon.  There are good people working at the Crime Lab.


posted by VirgilAnderson on Sep 21, 2008 at 08:55 AM

 

"There are good people working at the Crime Lab"

with no public trust...among those who still read, anyway.

--virgil

posted by VirgilAnderson on Sep 21, 2008 at 09:00 AM

This is the same scum bag Kyle Humphrey who spent months saying his client did not kill Steve Tauzer."

I can't beleive Tauzer is brought into a conversation about the credibility of the crime lab. Jesus! Try again, please! 

--virgil

 

posted by gube on Sep 21, 2008 at 09:09 AM

Tasuzer the boy lover??

posted by VirgilAnderson on Sep 21, 2008 at 09:23 AM

 

No credibility...sadistic and opportunistic. Mr. "teddy bear".... a liar!

--virgil

posted by VirgilAnderson on Sep 21, 2008 at 09:29 AM

 

...according to rumor, innuendo and implications from eye witnesses, a buggerer of boys.

--virgil

posted by gube on Sep 21, 2008 at 09:44 AM

Sorry but the handling of the blood samples is not satisfactory. The DA lab really screwed this one up. Just the fact that the amounts of meth is different is a good indication that something is not right in  the DA lab. Also one of the victims family member handled the sample......The lab should be embarrassed. Even the fact that the lab didn't hide their screw ups doesn't matter in my eyes.......If the suspect was guilty the DA's office has tainted that.

posted by VirgilAnderson on Sep 21, 2008 at 09:53 AM

 

Would it be reaching a bit to say something like, " and that's only what we know about"? 

To be objective and entered as evidence in a court of law the evidence processing must be without bias. Otherwise, it's slanted towards the prosecution ( The STATE: the county, to guys with the morality of slugs like Tauzer and his "good friend", Jagels.).

I guess most crimes labs are run by  law enforcement agencies. But Kern-Town's lab is administered and supervised by the District attorney's  office ( and, again, with a DA like Jagels...?).

That's wrong!

I fear for Justice's liberty. I wonder if  in Kern co. she has ever been bound and forced to  look whlie performing her sacred duty.?

--virgil

posted by catpaw on Sep 21, 2008 at 11:32 AM

Agree, Virgil. Everytime bumbling procedure or incompetence becomes public, I wonder what is going on that I don't know about? If I'm on a jury and a defendant claims he was beaten during an interrogation or evidence that would clear him is withheld or lost, I'd have to give it credibility if I don't have complete trust in the law enforecement in charge.  

posted by noholdsbarred on Sep 21, 2008 at 11:32 AM

Roysan:

If you read my article, you'll see I'm not discrediting anyone and I never quoted Kyle Humphrey.

Virgil and Gube:

Yes, the Willsey case looks very very bad and makes one wonder what other problems are there. That's why I think it's a good thing that all of this is being discussed publicly.

In a perfect world, perhaps a totally independent lab would erase the perception of bias, though, as I said, we don't have a problem with law enforcement (including DA investigators) working other aspects of a crime. But human error will exist no matter who runs the lab, and that's what appears to have happened in Willsey.

posted by catpaw on Sep 21, 2008 at 11:59 AM

To err is human, to forgive is divine. Neither should be tolerated in the justice system.

posted by VirgilAnderson on Sep 21, 2008 at 12:03 PM

In a perfect world, perhaps a totally independent lab would erase the perception of bias,..."

Respectfully Lois,

I bet it would be possible to reach a more perfect arrangement than what we have now with respect to the use of evidence provided by Kern's crime lab. 

Without access to unbiased lab "stuff" (samples, procedure etc.) the evidence more than appears to be unduly weighted against an accused.  In any situation , a defendant is forced, then,  to purchase independent analysis of lab evidence to ensure impartiality (in front of a jury of peers) .

I think it can be done differently. My point in this thread is that with the appearance of a certain amount of venality in the DA"s office, it should be done differently. In my opinion,  done differently in the "interest of justice".

--virgil

 

posted by RedHeadedFred on Sep 21, 2008 at 03:43 PM

so we should  trust The DA's lab to provide the evidence to prosecute joe blow citizen ....  but they cant be trusted in cases where cops are victims or suspects ...   in my book they either are a credible lab or not ...

posted by VirgilAnderson on Sep 22, 2008 at 08:26 AM

 

 

Regarding criminal justice, it's in the interest of the public to ensure absolute professionalism and impartiality as to admit able evidence and the procedures by which that eveidence is secured.

In profile cases where the DA may have political interest, those safeguards are even more imperative. Fred, given what is known already about criminal justice in Kern co.,  the results of the crime lab supervised so close to the DA must be criticized. 

--virgil  

posted by gube on Sep 22, 2008 at 08:57 AM

I think the DA lab needs some type of audit......A outside unbiased audit to review their procedures. IMHO the DA's lab should be perfect in what they do. To error is human is BS. Its a scientific laboratory that literally needs to perform at the highest level because it holds peoples lives in its hand. To except less then perfect is unacceptable to the people of Kern county. If the lab is over worked then they need to contract out to other labs. I hope the public attention that the lab is receiving will motivate Jagels to do the right thing and assure the citizens of Kern county that they are receiving a honest result.

posted by gube on Sep 22, 2008 at 09:02 AM
posted by VirgilAnderson on Sep 22, 2008 at 09:33 AM

Gube, 

The DA should having nothing to do with the Crime Lab. That's it!

You're right in saying to err is human in this situation is BS. But, this is what I think about it : to be self-interested is human - vitally. For political reasons, if for nothing else, the DA should not be so close to the supervising of the crime lab. 

--virgil  

posted by gube on Sep 22, 2008 at 11:08 AM

VirgilI couldn't agree with you more......Its kinda scary to know that the prosecutor that wants to put you in jail has the lab at his disposal to do so..... That just seems wrong...The DA's office is all about convictions......How can the lab not be biased or crooked.

posted by RedHeadedFred on Sep 22, 2008 at 03:40 PM

The DA controlling the lab is as questionable as the Sheriff also being Coroner or a law enforcement agency investigating itself (officer involved shootings)  None of these arrangements do much to promote public trust. At the very least, the perception that credibility is lacking is a problem.

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