Colorado lawmakers wade into a scandal at the state's crime lab
Republican and Democratic lawmakers at the Colorado State Capitol have joined forces on a bill they hope restores trust in the state's crime lab after a scandal involving a veteran DNA analyst.
The bill comes as a preliminary hearing for the analyst -- Yvonne "Missy" Woods -- was delayed. A Jefferson County judge says the delay was due to the massive scope and seriousness of the alleged crimes.
Woods is charged with 102 felony counts in connection with years of alleged mishandling of DNA evidence in criminal cases across the state.
"Right now, there are defendants serving time who have no idea that the evidence used to convict them was handled by a crime lab employee implicated in misconduct. There are victims who don't know that the forensic evidence in their case may have been compromised," said state Rep. Yara Zokaie, one of the bill sponsors.
The Colorado Bureau of Investigation says it reviewed all 10,000 cases Woods handled over nearly 30 years and found anomalies in 1,000 of them.
State Rep. Matt Soper, another bill sponsor, says he wants more transparency.
"It's been a frustration as far as lawmakers -- we haven't seen the full process. I mean, we don't know how they got down to 1,000 out of ten thousand," Soper said.
The Colorado Forensic Science Integrity Act would require the lab to review all of its records prior to July of this year. It would have until September to notify district attorneys of any cases involving misconduct, including all ten thousand handled by Woods.
DAs would then have to notify defendants, their attorneys or public defenders, and victims.
All the defendants would have a right to an attorney and hearing to determine whether the misconduct played a material role in their conviction. If it did, they would get a new trial.
Jud Lohnes with the Colorado Innocence Project says a single DNA result can affect an entire criminal case.
"A shaky eyewitness ID becomes credible when supported by DNA. A lead-tight alibi becomes unbelievable when contradicted by DNA," he said.
James Karbach with the Colorado Office of the Public Defender says the bill isn't a fishing expedition, it's basic fairness.
"I don't think it is fair of CBI or anyone to ask victims and defendants to accept CBI conclusions without a thorough review by prosecutors on behalf of the prosecution and defense lawyers on behalf of defendants. That's our system," he said.
In addition to the Woods case, the measure addresses future misconduct, too. It requires lab employees who witness wrongdoing to report it and the lab director to investigate it and notify district attorneys who then have to notify those impacted.
Lawmakers say they are hoping to fast track the bill to the governor's desk.
The following is a statement from the Colorado District Attorneys' Council:
The Colorado District Attorneys' Council recognizes and agrees with the need for heightened oversight and accountability at CBI in regard to lab issues. The District Attorneys are supportive of addressing these issues at CBI in a thoughtful manner and appreciate the open and ongoing dialogue with the Public Defenders office in regard to this bill. However, as introduced, the bill still needs significant work in areas related to process and scope as well as carefully examining its effort to create a separate cause of action with new standards for review for some defendants when existing legal options may already be an option.
The following is a statement from the Colorado Bureau of Investigation:
The CBI is committed to accountability and transparency to its processes, and we look forward to our continued coordination with the Legislature, bill sponsors and our stakeholders. It wouldn't be appropriate to comment on specifics of the bill because the process remains fluid until it's enacted into law.
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