Choose a blog

Lab Directors Complain, Vaguely

 

Leaders of ASCLD, the American Society of Crime Lab Directors, have not been the biggest fans of The News & Observer's reporting on problems at the State Bureau of Investigation.  In addition to finding problems at the SBI, we've also reported on the failure of the accrediting agency ASCLD-LAB to catch  the problems in the SBI crime lab and the ASCLD-LAB's cozy relationships with ASCLD (a trade association), a lobbying group, and a for-profit consulting firm.

ASCLD leaders have repeatedly accused The N&O of errors and inaccuracies, but have yet to cite a single example. We've repeatedly asked them to point us to errors so we can assess the information and, if necessary, run corrections. It is News & Observer policy to correct all errors. Here's three examples of  complaints not backed by evidence.

CALIFORNIAN CRIES FOUL: In October, ASCLD president-elect Jill Spriggs, the director of California's state crime lab, gave a presentation to the N.C. General Assembly. A San Francisco newspaper later reported how Spriggs's remarks drew criticism from a defenses lawyer and a former lab analyst for the Los Angeles police.

Spriggs said The N&O misquoted her.

"I can tell you a lot of the things that were reported by the News & Observer in North Carolina were taken out of context," she told  The SF Weekly. "A lot of what they reported is wrong."

Spriggs, who has twice declined interviews with The News & Observer, has not pointed out what we got wrong.

As for misquote? Here's the quote in question, which you can compare to audio of her presentation, attached below.

"That is an accurate statement," Spriggs said. "A lot of times you got no results. It didn't mean it wasn't blood; it meant you didn't have enough sample, or maybe the sample was old. ...What else is red-brown that will give you a positive presumptive test for blood? There's nothing that I know."

CNN: The cable network recently aired "Rogue Justice", an hour-long documentary on problems at the SBI,  largely based on our work  Greg Matheson, president of ASCLD, sent out the following email to all ASCLD members: (our emphasis added)
 
"On this Sunday night, January 30, 2011, CNN will be airing "CNN Presents: Rogue Justice: CNN's Drew Griffin investigates the North Carolina state justice system where key blood test results have been withheld from trial."  The show is airing at 8:00 PM EST and 5:00 PM PST.
 
Since late summer of 2010, there has been significant media interest about issues surrounding the activities of the North Carolina (NC) State Bureau of Investigation (SBI), including its forensic science laboratory.  A local NC newspaper has run a series of articles alleging significant malfeasance on the part of SBI in general and the laboratory in particular.
 
Your association, ASCLD, has been actively involved by providing testimony before the North Carolina Legislative Committee.  We felt it was important for ASCLD to provide insight and guidance into many issues which we feel have been either inaccurately reported or misunderstood by the media and the NC committee.  Our involvement is strictly focused on educating all involved parties on the scientific basis of specific tests, the conclusions which could be reached and reported, and evaluating the historical work of a laboratory in the context of practices at the time the work was performed."
 
Matheson was kind enough to provide a copy of his email. We asked for details on what exactly has been inaccurately reported. He replied on Feb. 1 that he would have to compile a list, which we have yet to receive.
 
ASCLD-LAB: Ralph Keaton, the director of ASCLD-LAB, has complained several times to N&O reporters about errors in our reporting. Each time we've asked him to give us specifics, so we can publish corrections if necessary. Each time he has refused. But he did give us a wonderful quote from former newspaper reporter Mark Twain: "If you don't read the newspaper, you're uninformed. If you read the newspaper, you're mis-informed." "
Audios:
"That's an accurate statement."
"It doesn't mean it wasn't blood."

CNN repeats itself

If you missed CNN's one-hour documentary on the SBI, "Rogue Justice," you have a second chance this weekend. CNN will rebroadcast "CNN Presents" on Saturday, Feb. 5, at 8 p.m. and 11 p.m. EST.

The show focuses on two stories familiar to News & Observer readers: Greg Taylor, who spent 17 years in prison before he was exonerated, and Floyd Brown, who spent 14 years locked up at Dorothea Dix before a judge ordered him freed.

Check it out and let us know what you think.

A Look At Autopsy Mistakes

Some more interesting criminal justice documentaries on television tonight. On Sunday, "CNN Presents" dug into problems at the N.C. State Bureau of Investigation, featuring two cases that The News & Observer has highlighted: Greg Taylor and Floyd Brown.

Tonight, UNC-TV features "Post Mortem", which investigates  the dysfunction coroners and forensic pathologists whose errors can condemn the innocent or let the guilty go free.

Brooke Cain has a review Tonight, there's an equally compelling companion piece to that report. "Post Mortem" (UNC-TV, 9 p.m.) investigates the dysfunction among death investigators -- coroners and forensic pathologists whose errors can condemn the innocent or let the guilty go free.

Brooke Cain has a review here.
 

CNN To Air Documentary on the SBI

The problems at the N.C. State Bureau of Investigation will get a nationwide audience this weekend.

CNN will air "Rogue Justice" this Sunday, January 30, at 8 p.m. The show will focus on  Greg Taylor and  Floyd Brown, stories familiar to North Carolinians but little known outside the state.  It will repeat at 11 p.m.

CNN learned of the cases from reading The News & Observer's four-part series, "Agents' Secrets", which revealed how  agents bullied the vulnerable and some lab analysts pushed past the bounds of accepted science to deliver results that bolstered prosecutors' cases.

CNN  said  that Attorney General Roy Cooper did not agree to an interview with CNN despite repeated requests.

This is how CNN describes the documentary:

"Greg Taylor spent 17 years behind bars for a murder he did not commit.  Floyd Brown, also innocent, was forcibly detained in a mental institution for 14 years.  The North Carolina State Bureau of Investigation (SBI) was at the center of both cases....In Taylor’s case, the jury took just hours to sentence him to life, but the SBI had withheld evidence from the jury.  In Brown’s case, an SBI agent claimed that he had written down verbatim a six-page confession that Brown had given him describing the murder in intricate detail.  But Brown has the I.Q. of a seven-year-old and is incapable of even spelling his own name.  Though there was no physical evidence linking Brown to the crime, the alleged confession resulted in his confinement to a mental institution."

That's a Wrap, Baby

Duane Deaver, the poster boy for problems at the State Bureau of Investigation, was fired Friday. One reason cited for his firing were four words uttered in the Kirk Turner case, which you can find here. While the SBI didn't approve of Deaver exclaiming "That's a wrap baby!" on video, the termination letter contained  no criticism of the underlying work in the case.  Here's a video dissecting the work of Deaver and agent Gerald Thomas in the Turner case.

According to Deaver's lawyers, the SBI did not cite the substance of Deaver's work as grounds for termination.

The termination letter pointed to Deaver's testimony in the Greg Taylor case: he faces contempt of court charges for his conflicting statements to the N.C. Innocence Inquiry Commission. The letter does not cite Deaver's report in the Taylor case, which failed to mention confirmatory tests for blood whose results were favorable to Taylor. You can find video on this case here, and stories on the contempt of court charges here and here.

The third ground for termination: Deaver apparently reviewed a case file for a colleague while on investigative leave, when he was prohibited from working. According to Deaver's lawyers, "There is an arguable violation of an obscure SBI policy."

 

The Wolf Memo

Last week we wrote about how the SBI's policy and practice of reporting blood tests in the 1990s differed from the policy and practices of other states and the FBI.  The story relied on a June memo from Michael Wolf, one of two former assistant directors of the FBI who audited the FBI's serology section. The Wolf memo can be found below for your reading pleasure.

Documents:
Wolf memo.pdf

Where the SBI story has moved

The SBI story has moved, in part, into the courthouses.  Two stories showed this last week.  Two cases -- one involving Derrick Allen and another involving Floyd Brown -- were being heard in courtrooms in Durham and Charlotte.  In the Durham courtroom, an SBI agent, Jennifer Elwell, rejected an audit of the SBI lab's practices that came out in August. She said she had only read parts of the audit. She said the two former FBI supervisors who conducted the highly critical audit didn't understand forensic science.

You will recall that Attorney General Roy Cooper, who is over the SBI, commissioned the audit and endorsed it, and said changes were in store for the SBI.

His spokeswoman reminded everyone of that on Thursday and noted that Elwell has been suspended from casework. 

In the Charlotte courtroom,  Cooper's lawyers argued that even if an SBI agent had "augmented" or "elaborated" or "smoothed out" what purported to be a confession from the mentally disabled Floyd Brown, the judge should toss his lawsuit over his confinement for 14 years in a mental hospital.

In the Allen case, Judge Orlando Hudson dismissed the murder, sexual assault and child abuse charges against him, saying that his rights had been violated by the work of the SBI crime lab.  We may know shortly whether the Brown case will be allowed to go forward. 

It is noteworthy that Hudson was also the judge who determined in 2007 that Brown should be freed because he was being unlawfully held.

There is more at stake in the Brown case beyond whether he will get compensated for his confinement. If the suit is allowed to go forward, his lawyers will get access to relevant internal documents at the Attorney General's office.  They may learn how much folks in the Attorney General's office and the SBI knew about problems with the "augmented/elaborated/smoothed out" confession that put Brown away. And why the agent, Mark Isley, who supposedly took down this fairly detailed narrative from a man with a mental capacity of a 7-year-old, has progressed up the ladder at the SBI.

Joe Neff and Mandy Locke -- who have spent much of the past year on the SBI story, including the Agents' Secrets series in August -- wrote a story with Andy Curliss published Sunday that put last week's events in context.

The reason the SBI story has moved into the courthouses is because this is where lawyers are going to have to show that their clients were wrongly convicted and imprisoned based on tainted SBI casework.  There were 230 cases cited in the audit; one of them was Derrick Allen's. 

The Allen hearing last week caused quite a stir, with SBI agents and former and current prosecutors on the witness stand, and with Hudson's decision to throw out the charges.  Imagine the impact of several dozen more of these hearings in courtrooms across the state over the next few years, with more SBI agents and more prosecutors on witness stands. This will not do great things for the credibility of the state's criminal justice system.

AG Begins To Deliver Records

Yesterday morning, we wrote about The News & Observer's 85-day old public records request.

Yesterday afternoon, the Attorney General's office delivered some, but not all, of the records. J.B. Kelly, general counsel to Attorney General Roy Cooper, promised that his office would  continue to work diligently to produce the records:

"We continue to work diligently to respond to all of your requests. The Attorney General has made it clear that providing public records is a high priority and record requests must be responded to as promptly as possible. We are committed to doing so. We have lawyers who have been pulled off their regular work load to focus solely on responding to your requests. But, as I have informed you in previous correspondence and as I informed the Attorney General, given the breadth and historical nature of many of these requests, identifying and collecting documents that may be responsive is a complex task, and the review of such documents is both necessary and time consuming."

AG: One Day The Records Will Come

Last week, we wrote an article  on how Attorney General Roy Cooper, a champion of  open records, has been dragging his feet in releasing public records about the embattled State Bureau of Investigation. The official response has varied. The documents will arrive shortly. The documents have already been released.  It's almost ready, just looking for a few stray pages.

As of today, Nov. 18,  we haven't received a page.

The logjam remains, somewhere between Kelley and Kelly and Cooper. Grayson Kelley is the chief deputy attorney general who earns $144,629 a year.

J.B. Kelly, Cooper's general counsel,  is not a state employee. He's on contract and pulled in $210,345.22 in 2009. Kelly's pay has increased 9.5 percent yearly since 2005, when he was paid $145,962.

Grayson Kelley has been handling the newspaper's request, but apparently J.B. Kelly will have the final say.

Here's a look at our request, now 85 days old and counting.

August 25
News & Observer requests copies of  federal and state audits of DCI system.

Sept. 17
Cooper's office is unresponsive on this request and others. The NO asks its lawyers to press for the records.

Oct. 20
Grayson Kelley email: "I'm on the way out of town, but my understanding is that each of these requests is in progress.Mr. Neff should receive more of these documents shortly."

Nov. 1
Grayson Kelley email: "I thought some of the audit materials had been released,but I'll check."

Nov. 10
Grayson Kelley email: "The last information I had was that we were trying to track down a few missing pages from one of the reports. I'll check with the lawyer we assigned to work with the SBI on this and get back to you."

Nov. 15
Grayson Kelley email: "JB Kelly isn't here today, but I'll try to get a status update as soon as I can talk to him.....he's handling the review and production process."
.
 

Slowplaying the settlement

It took a long  time to pry our most recent story on SBI agent Mark Isley from the N.C. Department of Justice. Isley, you may remember, is the agent accused of phonying up a false confession that kept a mentally retarded man in Dorothea Dix mental hospital for 14 years.

The N&O asked for the details and documents of the SBI's settlement with Isley in July. It took 12 weeks, a lot of prodding and lawyers before the office of Attorney General Roy Cooper released the public records. State law requires public servants to release public records in a reasonable amount of time. These records were clearly public. Let us know if you think this was reasonable time.

Here's the timeline.

July 23: The News & Observer requested the information on the Isley settlement from then SBI Director Robin Pendergraft in an interview. That afternoon, we followed up with an email detailing that request and others.

August 11: We repeated the request in an email listing all outstanding requests.

August 16: Ditto.

August 30: Ditto, but with stronger language

September 2: Ditto, but this time The N&O copied the email to Attorney General Roy Cooper, SBI Director Greg McLeod, N&O Editor John Drescher, and lawyers for the paper.

September 13: Requested again. This time we cite the payment to Isley's lawyer.

September 14: Requested again. This time we wrote the following:

“The News & Observer first requested details on Mark Isley's settlement with the Department of Justice on July 23, 2010. We have received nothing, despite repeated followup requests.The following information could help you locate the information and documents we request.

"On Oct. 24, 2005, the Department of Justice paid Ferguson Stein Chambers, a law firm, $1573.53 in legal fees for the Isley settlement. The check number was 418693.
The News & Observer again requests copies of ALL documents relating to this settlement, including all concessions or considerations given to Mr. Isley during this settlement.”

September 17: The Department of Justice gives its first substantive response, as follows: “The department is aware of your request for these materials.  I don't have an answer for you on this yet but I am continuing to follow up on it.”

For the next three weeks, lawyers for the N&O exchange letters, emails and phone calls with the Department of Justice.

October 11: The Attorney General's office acknowledges possession of documents and promises them by October 15.

October 15: The Attorney General's office releases a 38-page file to N&O's lawyers.

Cars View All
Find a Car
Go
Jobs View All
Find a Job
Go
Homes View All
Find a Home
Go

Want to post a comment?

In order to join the conversation, you must be a member of newsobserver.com. Click here to register or to log in.
Advertisements