Expert, Case, or Lab

Misadventure

Sources & Further Information

Broward County Crime Lab, Florida

Biological material from an unrelated rape was inadvertently confused with DNA from the murder of Michael Sortal. This "glitch" forced prosecutors to drop murder charges against Kevin Hoffman.

McMahon, P. "CRIME LAB BOTCHES MURDER INQUIRY; PROSECUTORS MUST DROP CHARGES AFTER DNA EVIDENCE IS CONTAMINATED," Sun-Sentinel, June 24, 2003,  Pg. 1A

DeVise, D. "High-stakes error prompts Broward crime lab to improve accuracy in DNA testing," Miami Herald, October 06, 2003

Dr. Homer Campbell
Board Certified Forensic Odontologist
Office of the Medical Investigator, New Mexico
bio: http://omi.unm.edu/bios.html

In one case, Dr. Campbell claimed to identify to a medical certainty the body of Melody Cutlip; the real Melody Cutlip was later found alive and well in Florida.

Dr. Campbell has also testified beyond the limits of acceptable science in his field, stating in court that bite marks matched to a reasonable degree of medical or dental certainty.

Bio: Dr. Campell is an active member of the American Academy of Forensic Sciences and also a past president.

David Wayne Spence v. Gary L. Johnson, Nos. 94-20212, 94-20213. United States Court of Appeals, Fifth Circuit, March 29, 1996

Snyder, J. "HOW MANY INNOCENT PEOPLE DID HE EXECUTE? THE TEXAS DEATH PENALTY UNDER GOVERNOR GEORGE W. BUSH" Copyright 2003

Taken from  A State of Denial: Texas Justice and the Death Penalty by the Texas Defender Service, Ch. 3 - "A Danger to Society: Fooling the Jury with Phony Experts"

5. Forensic dentistry requires more research to investigate bitemark accuracy and reliability"

A former DNA lab director was fired in 1996 by Carter for speaking out about abuses in the office. She sued and won a $315,000 judgment against Harris County.

TEDFORD, D. "Whistle-blower gets $250,000 judgment," Houston Chronicle, April 7, 2000

Legal review of examiner's office sought

Dr. Joye M. Carter - Bio

According to one source: "Dr. Carter has been in the news many times before. She was fined and almost lost her license in 2001 for allowing an unlicensed pathologist to perform autopsies. In 1998 her office was accused of tampering with evidence in the murder of a 12-year old girl. That same year she admitted that bodies were sometimes stacked on top of each other at her morgue. She's been sued (and lost)  twice by whistleblowers who were fired for trying to expose corruption in the Harris County Medical Examiner's office."

Joseph H. Chu
Forensic Scientist
Houston Police Crime Laboratory

HPD - Discipline in HPD Crime Lab Investigation, memo, June 12, 2003

"9 Employees Disciplined Over DNA Lab," Click2Houston.com,  June 12, 2003

Roma Khanna & Steve McVicker, "2 HPD crime examiners’ major errors enumerated," Houston Chronicle, June 13, 2003 

"Suspensions of analysts in HPD crime lab rescinded," Houston Chronicle, Sept. 24, 2003 

"HPD DNA Analysts Speak Publicly About Lab: Facility Run By Unqualified Manager, Out-Of-Date Technology," Click2Houston.com,  Sept. 24, 2003

Roma Khanna  "Lab workers' penalties reduced: Written reprimands replace suspensions," Houston Chronicle, Sept. 25, 2003 

"Grand Jury: HPD Crime Lab Should Be Embarrassed," Click2Houston.com, Oct. 17, 2003

"Lawmakers Hold Hearing Over Crime Lab Mistakes," Click2Houston.com, Nov. 7, 2003

Roma Khanna "Analyst decision assailed," Houston Chronicle, January 30, 2004 

Stephan Cowans case
mistaken fingerprint ID
Boston Police Department

Emory, T. "Man convicted in shooting of police officer freed," Associated Press, January 23, 2004

Emory, T. "Inmate freed over wrong fingerprint," Associated Press, January 24, 2004

Editorial "Police fingerprints," The Boston Globe, January 27, 2004

Mnookin, J. "A blow to the credibility of fingerprint evidence," The Boston Globe, February 2, 2004

Dr. Park E. Dietz, MD
Forensic Psychiatrist
Park Dietz & Associates

This opinion of Dietz's was mentioned in the prosecutor's closing arguments. According to published reports:

"Andrea Yates' capital murder convictions for drowning her children were overturned ... by an appeals court, which ruled that a prosecution witness' erroneous testimony about a nonexistent TV episode could have been crucial."

"Controversial Psychiatrist in Yates Case Speaks Out ," ABC News, January 7, 2005

Gold, S. "Yates Case Turns on Trial Error ," LA Times, January 7, 2005

Gold, S. & Gottlieb, J. "Defense Derides Psychiatrist as a Witness-for-Hire," LA Times, January 7, 2005

Graczyk, M. "E-mail sparked Yates trial error ," Associated Press, January 7, 2005

Steinhaus, R. "Witness at heart of Yates' appeal explains error ," Petersburg Times, January 7, 2005

Stern, E. "Case re-visited in wake of false testimony ," nePsych.com, February, 2005

Hausman, K. "Inaccurate Expert Testimony Wins Yates New Trial ," Psychiatric News February 4, 2005; Volume 40 Number 3; p. 4

Tolson, M. "Yates can't outline false testimony in trial record ," Houston Chronicle, February 25, 2005

Tilghman, A. "Appeals court won't review its Yates ruling ," Houston Chronicle, April 8, 2005

Example: "He was found dead in bed with a plastic bag over his head," [Pinellas-Pasco Asst. Medical Examiner Joan] Wood said. "For some reason I do not know, (Eicher) thought it was heart disease."

Meinhardt, J. "Worker botched seven autopsies: 151 AUTOPSIES RECHECKED: The mistakes have resulted in an exhumation and a new death investigation by police," Associated Press, June 24, 2000

However, Spanish authorities questioned the quality of the FBI's determination. Spanish forensic experts were the first to discover the FBI crime lab's error and confront them with it. The FBI soon came to admit its error.

Bernton, H. & Heath, D. "FBI admits fingerprint error, clearing Portland attorney," Seattle Times, May 25, 2004

"Madrid Probe Lawyer Freed after FBI Fingerprint Blunder," News Scotsman, May 25, 2004

"FBI used digital copy of print to finger wrong man in blasts," The New York Times, May 26, 2004

"Spain questioned FBI print match," The New York Times, May 26, 2004

Murphy, T. "‘100 percent’ wrong: How the FBI’s arrest of suspected terrorist Brandon Mayfield unraveled," The Portland Tribune, May 28, 2004

"The Wrong Man: Brandon Mayfield speaks out on a badly botched arrest," Newsweek, June 7, 2004

Dr. James Grigson
Forensic Psychiatrist
aka - "Dr. Death"
Texas

"When Dr. Grigson speaks to a lay jury . . . the defendant should stop what he is then doing and commence writing out his last will and testament because he will in all probability soon be ordered by the trial judge to suffer a premature death."

-Fmr. CCA Judge Marvin Teague

On July 9, 1995, the American Psychiatric Association (APA) and the Texas Society of Psychiatric Physicians expelled Dr. Grigson for ethics violations. He had been reprimanded by the APA twice previously.

A statement issued by the APA in 1995 explained that Dr. Grigson violated the organization's ethics code by "arriving at a psychiatric diagnosis without first having examined the individuals in question, and for indicating, while testifying in court as an expert witness, that he could predict with 100 per cent certainty that the individuals would engage in
future violent acts".

The Supreme Court has overturned at least six cases where Grigson violated capital murder defendants’ rights by not telling them that information disclosed could be used against them.

In the case of Randall Dale Adams, Dr. Grigson testified that a man was a psychopath and a degenerate; the man was later exonerated of committing actual crime. Dr. Grigson testified at Adams's 1977 trial that the defendant had a "sociopathic personality disorder" and that "there is no question in my mind that Adams is guilty."

Bell, L. "GROUPS EXPEL TEXAS PSYCHIATRIST KNOWN FOR MURDER CASES: Witness nicknamed 'Dr. Death' says license won't be affected by allegations," Dallas Morning News, July 26, 1995

A State of Denial: Texas Justice and the Death Penalty by the Texas Defender Service, Ch. 3 - "A Danger to Society: Fooling the Jury with Phony Experts"

INTRODUCTION TO THE EIGHTH AMENDMENT

John H. Blume & Mark E. Olive "AN OVERVIEW OF CONSTITUTIONAL PRINCIPLES RELEVANT TO CAPITAL CASES"

"The Wrong Man," The Atlantic, November, 1999

"David Martin Long Scheduled to be Executed," Press Release, Texas Office of the Attorney General, December 7, 1999

Steve Mills, Ken Armstrong and Douglas Holt "Flawed trials lead to death chamber - Bush confident in system rife with problems," Chicago Tribune, June 11, 2000

"Circuit court throws out death sentence," The Associated Press, April 6, 2001

Delfs, E. "Hired Gun: Does Money or Bias Taint Your Expert?" The Forensic Echo, Volume 2, Issue 1 -- Published: Monday, Dec 1, 1997 -- Last Updated: Monday, Mar 11, 2002

"Doctor's diagnosis was nearly fatal," Northwestern University School of Law, Center on Wrongful Convictions, December, 2002

Getz, J. & Tharp, R. "Forensic psychiatrist done taking stand," The Dallas Morning News, December 05, 2003

Aynesworth, H. "TEXAS "DR. DEATH" RETIRES AFTER 167 CAPITAL CASE TRIALS," The Washington Times, December 22, 2003

"N.J. Disciplines Coroner for Bad Autopsy," Associated Press, February 25, 2003

She resigned after supervisors found errors in four of her cases.

Pappas, L.  "Focus sharpens on crime labs' work," Philadelphia Inquirer, June 23, 2003

Pappas, L. "Crime labs follow strict rules, but scientists can make errors," Philadelphia Inquirer, July 18, 2003

Roomy Varghese & Matt Assad, "Crime lab worker’s errors could affect cases; Bethlehem scientist’s mistakes," Allentown Morning Call, June 20, 2003, at A1

Herbert, K.  "Lawyer says evidence in '01 slaying was contaminated," Philadelphia Inquirer, January 13, 2004

Herbert, K.  "Ex-forensic scientist defends record," Philadelphia Inquirer, January 21, 2004

Kansas Bureau of Investigation - Crime Lab

Mislabeling of a blood sample in October 1991 contributed to a delay in identifying Douglas Belt as a suspect in several sex crimes. Belt went on to commit murder an rape. Had the sample not been mislabeled, Mr. Belt would have been arrested long before the other crimes were committed.

"KBI director apologizes for evidence mixup in suspect's DNA," Associated Press, June 5, 2003

"Kline orders KBI audit after error," The Capital Journal, June 5, 2003

Purinton, C. "KBI to be investigated," The Capital Journal, June 6, 2003

Milburn, J. "KBI director: Evidence mistake 'simple but serious'," Associated Press, June 6, 2003

Laviana, H. "KBI error a 'wake-up call' to lawyers," The Wichita Eagle, June 7, 2003

Noga, J. "Processing evidence," The Morning Sun, November 9, 2003

Christi Y. Kim
Forensic Scientist
Houston Police Crime Laboratory

HPD - Discipline in HPD Crime Lab Investigation, memo, June 12, 2003

"9 Employees Disciplined Over DNA Lab," Click2Houston.com,  June 12, 2003

Roma Khanna & Steve McVicker, "2 HPD crime examiners’ major errors enumerated," Houston Chronicle, June 13, 2003 

"Suspensions of analysts in HPD crime lab rescinded," Houston Chronicle, Sept. 24, 2003 

"HPD DNA Analysts Speak Publicly About Lab: Facility Run By Unqualified Manager, Out-Of-Date Technology," Click2Houston.com,  Sept. 24, 2003

Roma Khanna  "Lab workers' penalties reduced: Written reprimands replace suspensions," Houston Chronicle, Sept. 25, 2003 

"Grand Jury: HPD Crime Lab Should Be Embarrassed," Click2Houston.com, Oct. 17, 2003

"Lawmakers Hold Hearing Over Crime Lab Mistakes," Click2Houston.com, Nov. 7, 2003

"Former HPD Crime Lab Worker To Appeal Firing: Ex-Police Chief Accused Analyst Of Sloppy Work, False Testimony," Click2Houston.com, January 27, 2004

Roma Khanna & Steve McVicker, "Fired DNA analyst to return to work at crime lab," Houston Chronicle, January 27, 2004 

Roma Khanna "Analyst decision assailed," Houston Chronicle, January 30, 2004 

HPD - Discipline in HPD Crime Lab Investigation, memo, June 12, 2003

"9 Employees Disciplined Over DNA Lab," Click2Houston.com,  June 12, 2003

"Grand Jury: HPD Crime Lab Should Be Embarrassed," Click2Houston.com, Oct. 17, 2003

"Lawmakers Hold Hearing Over Crime Lab Mistakes," Click2Houston.com, Nov. 7, 2003

"Former HPD Crime Lab Worker To Appeal Firing: Ex-Police Chief Accused Analyst Of Sloppy Work, False Testimony," Click2Houston.com, January 27, 2004

Charles Linch
Southwestern Institute of Forensic Sciences;
Senior Forensic Scientist, Virginia Division of Forensic Science

Used the term match in court regarding forensic hair analysis without sufficient qualification to prevent the prosecution from presenting it as conclusive in the  case against Michael Blair. Though Mr. Blair was convicted and sentenced to death, mitochondrial DNA tests later revealed that none of the hairs actually belonged to him.

In the case against Kenneth McDuff, Mr. Linch testified that he had examined the hair and found it to have the same microscopic characteristics as that of the missing victim. However, the State failed to reveal that at the time of his testimony, Mr. Linch was under committal to a Dallas mental hospital for psychiatric problems. According to Mr. Linch, one of his prescriptions caused a lack of recall of events. On the day of Mr. McDuff s trial, however, Mr. Linch was permitted to fly to San Antonio, rent a car, and drive to the courthouse to testify as a forensic expert. After giving his testimony, Mr. Linch returned to the mental hospital.

Taken from  A State of Denial: Texas Justice and the Death Penalty by the Texas Defender Service, Ch. 3 - "A Danger to Society: Fooling the Jury with Phony Experts"

Mark Wrolstad "Hair-matching flawed as a forensic science: DNA testing reveals dozens of wrongful verdicts nationwide," The Dallas Morning News, March 31, 2002

Frank Green "HAIR ANALYSIS USE FAULTED ; CRITICS SAY IT'S BAD WAY TO MAKE IDENTIFICATIONS ," Richmond Times-Dispatch ,  October 19, 2002

Detective Constable Shirley McKie case

Accused of planting evidence because of fingerprint evidence attributed to her by police fingerprint analysts. It took an international panel of fingerprint examiners to prove the police identification false. The original examiners still insist they weren't  wrong. 

The McKie case in short

"Internet makes mark on fingerprint case," BBC News, May 14, 1999

"Total Vindication for Shirley McKie!" BBC News, June 22, 2000

"Fingerprint experts 'making mistakes'," BBC News, October 23, 2000

Burrell, I. "Police expert questions the reliability of fingerprint evidence," The Independent, October 23, 2000

McDougall, L. "Scottish print bureau ‘still cannot be trusted’: Despite official praise independent expert damns continued bad practice," The Sunday Herald, March 20, 2005

McDougall, L. "Anger as McKie experts still verifying prints," The Sunday Herald, March 27, 2005

The prints.

Robin McLaughlin
fmr Virginia Division of Forensic Science

Gave overconfident findings to police regarding hair analysis - resulted in a wrongful arrest of Karl Roush. She resigned after her results were shown to be inaccurate.

"When a Lab Gets It Wrong,"  The Washington Post, June 15, 1997; Page C08 

Phoenix Police Dept. Crime Lab

Phoenix police crime lab made errors in interpreting DNA evidence for nine cases. The errors, which dated back to August 2001, were made by technicians that miscalculated the likelihood that a person's DNA, or genetic material, was present on evidence.

Beth DeFalco, "Police Say Lab Made Errors Analyzing DNA," AP Online, May 5, 2003

Grant, M. "Horizon," KAETV, May 6, 2003

Miller, C. "Phoenix police lab errs on DNA," The Arizona Republic, May. 6, 2003 

Susan Carroll & Carol Sowers, "DNA Flaws Called Unlikely to Jeopardize Police," Arizona Republic, May 7, 2003, at 1B

Dr. Elizabeth Peacock
Travis County Deputy Medical Examiner 

Performed autopsies for 11 weeks with a delinquent license, including the autopsies on some of the immigrants found dead in an abandoned airtight trailer outside Houston on May 14, 2003. She was reprimanded.

Texas law provides that performing autopsies with a delinquent license is equivalent to practicing medicine without a license; it could be prosecuted as a felony.

"Report: Complaint filed against M.E. from immigrant autopsies," Associated Press, January 14, 2004

Rice, H. "Defense says lapsed license won't affect smuggling trial," Houston Chronicle, January 15, 2004

"Medical license stopped, but autopsies didn't: Travis County's deputy ME says she never received notice," Associated Press, January 16, 2004

HPD - Discipline in HPD Crime Lab Investigation, memo, June 12, 2003

"9 Employees Disciplined Over DNA Lab," Click2Houston.com,  June 12, 2003

"Grand Jury: HPD Crime Lab Should Be Embarrassed," Click2Houston.com, Oct. 17, 2003

"Lawmakers Hold Hearing Over Crime Lab Mistakes," Click2Houston.com, Nov. 7, 2003

"Former HPD Crime Lab Worker To Appeal Firing: Ex-Police Chief Accused Analyst Of Sloppy Work, False Testimony," Click2Houston.com, January 27, 2004

Lazaro Sotolusson case
DNA mislabeled by Las Vegas Metro Police Lab

After confirming the error, it was learned that forensics lab safeguards aimed at catching such mistakes failed; two police lab employees reviewed the findings and did not detect the error.

Puitt, G. "Changes proposed in DNA handling: Mislabeled sample nearly sends wrong man to prison for life," Las Vegas Review Journal, May 15, 2002

Paul, K. "Audit calls for changes in police DNA lab," Las Vegas Sun, May 23, 2002

Puitt, G. "Man files lawsuit in false imprisonment: DNA lab mix-up left man in jail for a year," Las Vegas Review Journal, July 30, 2002

Charles H. Vaughan
Forensic Scientist
Trace Evidence Unit
WA State Patrol Crime Lab
(25 year vet of the Oregon State Police crime lab)

Admitted during a deposition that he'd been demoted from Director to Assistant Director of Eugene Oregon State Police crime lab in 1993 for not disciplining an employee who was falsifying lab results.

Admitted during a deposition that he'd used the same ruler to scrape blood from the victim's and then the suspect's clothing for blood on the same day in the now infamous Boots & Proctor wrongful conviction case, resulting in cross-transfer. He also failed to wear gloves during either examination.

Failed a routine proficiency exam in September 1998, testing his ability to interpret footprint evidence.

Mistakenly linked hairs found at a Thurston County burglary to a suspect in 1998.

Teichrobe, R. "Oversight of crime-lab staff has often been lax," Seattle Post-Intelligencer, July 23, 2004

Teichrobe, R. "Forensic scientist in crime lab tied to wrongful convictions in Oregon," Seattle Post-Intelligencer, December 27, 2004

Teichrobe, R. "Scientist moved on after reversal," Seattle Post-Intelligencer, December 29, 2004

Carlos A. Campos, "Defense Questions Bite-Mark Evidence For Murder Case," New Orleans Times-Picayune, Jan. 9, 1993

Carlos A. Campos, "Husband is guilty in killing-Jury to decide Keko's sentence," New Orleans Time Picayune, Oct. 11, 1993

Carlos A. Capmos, "Buras Oysterman heading for trial in wife's murder," New Orleans Times-Picayune, Apr. 17, 1993

Gill, "Was the Right to a Fair Trial Denied?," New Orleans Times-Picayune, June 12, 1994

Marcia Colye, "'Expert' Science Under Fire in Capital Cases; Daubert vs. Frye," Nat. L.J., July 11, 1994, at A1

Joanne Weiss, "Forensic Tests Are Questioned in Murder Case," New Orleans Times-Picayune, Sept. 30, 1994

Mark Hansen, "Out of the Blue," ABA J., Feb. 1996, at 50

Steve Cannizaro, "Murder Witness' Fairness Questioned," New Orleans Times-Picayune, May 10, 1996

Steve Cannizaro, "Buras Man May Beat Murder Rap a Second Time," New Orleans Time-Picayune, Dec. 21, 1996

John Stossel, "Junk Science: What You Know That May Not Be So Scientific-Theories That May Be Wrong," ABC News, Aug. 28, 1997

"Investigator tossed sandwich, so murder conviction tossed," Baton Rouge Advocate, Dec. 15, 1997

Andrew Murr, "A Dentist Takes the Stand," Newsweek, Aug. 20, 2001, at 24

Sotos, "Expert Witness to Face Malicious Prosecution Suit," Chi. Daily L. Bull. 6, Jan. 16, 2003.  

Steven Kroft, "Forensic evidence; skepticism surrounding Dr. Michael West's use of bite mark analysis in murder cases," 60 Minutes, Feb. 17, 2003

Dr. Joan Wood
fmr Pinellas-Pasco Medical Examiner

She resigned amidst accusations of errors and incompetence in a case involving the Church of Scientology, as well as the cases of Dr. Richard O. Eicher described above.

"Another man jailed because of medical examiner's mistake," ABC Action News, November 23, 2002

"Attorney: Action News report helped King win stay of execution," ABC Action News, December 3, 2002

Levesque, W. "Ex-medical examiner unable to testify: Joan Wood has resurfaced, but says stress prevents her from appearing in court about several murder cases," St. Petersburg Times, August 23, 2002

Archive of articles: 
MEDICAL EXAMINER JOAN WOOD