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30 June 2005

Bromwich releases damning Phase I report on HPD crime lab

Michael Bromwich, the independent investigator charged with analyzing problems at the HPD crime lab and property room, issued a damning final report (pdf) of Phase I of his investigation today.

The report is highly critical of leadership with regard to the HPD crime lab dating back more than a decade, citing leadership problems within the lab itself as well as HPD.

Having read the seven-page Executive Summary and the 68-page report itself, I have to recommend that interested parties at least read the Executive Summary (but preferably read the entire report at some point). Bromwich and his crew bring impressive credentials to the task, and the written report reflects work that seems to be extremely well-documented, organized, meticulous, and extensive. Because the report is lengthy and complex, I would suggest that media accounts (or blog posts) are no substitute for reading the report itself.

That said, KHOU-11's Doug Miller gives a good, brief summary. KHOU is cited in the report for its previous reporting on the crime lab.

Former Chief Bradford makes a number of appearances that don't exactly reflect well on his leadership, and even former Chief Lee P. Brown makes an appearance (yes, the problems date back that far). The report also documents the extensive efforts of the office of the Harris County District Attorney to analyze all cases where the HPD crime lab's treatment of evidence might have affected cases. Phase II of Bromwich's investigation will also analyze a sampling of such cases.

I plan on updating this post at some point with interesting excerpts from the report, but I don't have an easy way of converting the PDF file to text at the moment, so that will have to wait.

Incidentally, it is worth noting the Houston Chronicle's hit piece on Harris County District Attorney and Chronicle editorial board "bad guy" Chuck Rosenthal today. However much certain people at 801 Texas Avenue seem to dislike the Harris County District Attorney, the fact remains that Bromwich's report is highly critical of HPD and City of Houston leadership with regard to the crime lab, not Rosenthal or the Harris County District Attorney's office. The timing of the hit piece on Rosenthal is curious, since that's what Chronicle readers got to see this morning before Bromwich's highly critical report on the crime lab took over the news cycle later in the day, not-so-subtly connecting Rosenthal to a crime lab fiasco that Bromwich's report clearly identifies as an HPD/City of Houston fiasco.

That's another reason why there is no substitute for reading those reports, and why the technology that makes them available to anyone with an internet connection changes everything about media.

UPDATE (07-01-2005): Selected excerpts from the report follow below. In all instances, the excerpts have come from the main report (not the executive summary). The page(s) are identified above. Some footnotes have been omitted.

02 July 2005

New York Times, bloggers supplement local crime lab coverage

The New York Times has weighed in with coverage of Michael Bromwich's damning report on the HPD crime lab, and Ralph Blumenthal accurately conveys the report's criticism of management within the crime lab, as well as HPD and city officials, including Lee P. Brown and especially Clarence Bradford (not unlike your humble bloggers here).

Blumenthal apparently was unable to track down Bradford for comment:

A drug chemist who joined the laboratory in 1979, James R. Bolding, was pushed up the ladder under former Police Chief Lee P. Brown, who later became mayor, and his police successor, former chief Clarence O. Bradford, to fill vacancies in serology, despite inadequate training, the report said. It quoted Mr. Bolding as telling investigators he "took books home and did the best he could." Mr. Bolding did not respond to a phone message left with his son at home.

And Chief Bradford, it went on, refused to spend a City Council grant to hire more workers because once the money ran out, the department would have to pay them. His phone number has been disconnected.

It seems strange that the Brown/Bradford consulting firm would not have functioning telephones. Perhaps the status of Brown Group International as a Houston minority business enterprise will be enough to gain it business, if past experience is any guide.

The Chronicle's main coverage of the report, in contrast, does not mention Lee Brown. It mentions Bradford's role in reinstating an analyst who was suspected of fabricating test results, but does not mention Bradford's decision not to use grant money to hire needed staff in the crime lab in order to avoid a future commitment by HPD to cover their salaries, or other parts of the report that deal with Bradford's decisionmaking. The authors of the Chronicle coverage were also responsible for what was effectively a hit piece on Chuck Rosenthal that appeared in morning print editions the day Bromwich's report was released.

Chronicle metro/state editorialist and gossip columnist Rick Casey wrote on Bromwich's findings yesterday. While Casey at least acknowledges the decision not to use grant money to hire needed staff, he refers to the decisionmaker as "the police chief." That would be Clarence Bradford, although Chronicle readers who didn't read the New York Times, blogs, or the report itself probably still don't know that the report cites Bradford specifically on the matter. Indeed, Casey mostly avoids naming any names, save one:

Michael Bromwich, the independent investigator hired by the city to investigate the lab after District Attorney Chuck Rosenthal refused to allow a special prosecutor to do so, yesterday issued the surprisingly readable 83-page report. (You can find a link to it at www.chron.com.)

For good measure, there's also this:

It could be a serialized TV drama — not L.A. Law but Houston Lab.

It couldn't miss being a hit, combining the intensity of a cop show, the idealism of science and the unfolding morality play of how the District Attorney's Office handles thorny issues.

We have previously commented on Rosenthal's position on the crime lab, but it's worth noting again in light of Casey's editorializing:

I followed up with Rosenthal, who explained that he actually had called for a Blue Ribbon Review panel to review the crime lab (which Judge Robert Eckels supported but then-Mayor Lee Brown opposed), and that he later wrote to then-police chief Joe Brashears urging a review of the entire crime lab. He admits that he has refused to recuse himself "unless there was evidence that any of my staff was involved in wrongdoing" and contends he's just doing the job he was elected to do. He has also opposed a "Cleveland plan" style review, contending that it is not appropriate to Houston's circumstance. Those last two points are certainly fair game for honest debate, but to characterize Rosenthal's position as outright opposition to an independent review is not honest.

Since Casey's editorial column and the Chronicle's straight news coverage of the Bromwich findings both misrepresent and underreport (respectively) the efforts of the Harris County District Attorney's office to deal with the crime lab fiasco, perhaps it is useful to turn to the Bromwich report itself for directly related information:

In early 2003, the District Attorney’s Office and HPD began a process with the goal of re-testing all cases resulted in a conviction -- whether at trial or through a guilty plea -- in which DNA evidence analyzed by the Crime Lab may have played a role. The central purpose of the re-testing program has been to identify any cases in which the results of DNA analysis performed by the Crime Lab cannot be confirmed.

[snip]

Ultimately, the District Attorney’s Office identified 407 cases to be re-tested. Four of these 407 cases identified for re-testing have subsequently been withdrawn from the re-test list because the District Attorney’s Office determined that they did not belong on the list, leaving 403 cases to be analyzed.

HPD has been responsible for sending the DNA evidence related to the 403 post-conviction re-test cases to one of the following three outside laboratories for re-testing: Identigene in Houston, Reliagene in New Orleans, and Orchid-Cellmark in Dallas. HPD reports that, as of June 13, 2005, re-testing has been completed on 333 of the 403 cases.

For obvious reasons, the optimal evidence for re-testing purposes is raw evidence, such as stains on clothing or bedding, that have not been processed by the Crime Lab. In cases where such raw evidence does not exist, the next best alternative is to test DNA that already has been extracted or already has undergone some form of processing. The bulk of the cases reviewed -- 248 -- have confirmed with raw evidence the original Crime Lab findings. Seventy-five cases have confirmed the Crime Lab’s findings with DNA extracted or processed evidence. In one case, there apparently was no remaining sample to be re-tested and only the Crime Lab’s case file was available for review. The results in eight cases have been confirmed by outside laboratories, but with significant differences in the statistics reported by the outside laboratories from those originally reported by the Crime Lab. In one case, involving Josiah Sutton, the Crime Lab’s findings were reversed by the outside laboratory.

Finally, the District Attorney’s Office has retained its own outside laboratory, Bode Technology Group of Springfield, Virginia, to review the analyses performed by the three laboratories originally involved with the post-conviction re-testing project. The Assistant District Attorney coordinating the re-testing for the prosecutor’s office told us that the purpose of Bode’s involvement is to serve as a second check on the cases and to assist the District Attorney’s Office in reviewing the reports generated by the outside laboratories involved in the re-testing program. (Pages 51-53)

People who rely only on the print editions of the Chronicle for their local news might have a very different impression of the efforts of Rosenthal and his staff to deal with the fallout of the HPD crime lab fiasco. They got to read a hit piece on Rosenthal that appeared in morning print editions the same day the Bromwich report critical of the Houston political leaders and HPD (but not Rosenthal) was released. The next day, they got to read news coverage of the Bromwich report by the same authors, who underreported the efforts of the District Attorney's office to retest cases and neglected to report some criticism of Chief Bradford in the report. And they got to read a Rick Casey editorial column on the metro/state news pages that was not entirely forthcoming in attacking Rosenthal by name, while declining to name any HPD or city officials criticized in the report.

Readers certainly can't be blamed for wondering if an anti-Rosenthal or pro-Brown/Bradford editorial bias is creeping onto the metro/state news pages, even though we've been assured that the editors of the newspaper fret over maintaining "division between the opinion pages and the news pages."

Here are additional thoughts from area bloggers:

Banjo Jones:

Yee-haw, Saniflush!

Pathetic.

Still, Lee P. Brown got a building named after him -- the Lee P. Brown METRO Administration Building at 1900 Main Street. Yeah, METRO.

To our knowledge, there are no plans to name any public buildings after Clarence "No Phone" Bradford.

The hefty pension that Lee Brown helped him secure is enough of a monument.

Charles Kuffner:

What I am saying is that [Brown and Bradford] didn't inherit a topnotch unit to begin with, and that if there's anything to be gained by pointing a finger at people who are no longer in a position of responsibility, then we ought not to be shy about pointing it at everyone who deserves it.

Their absence of leadership deserves plenty of criticism, but all bloggers should feel free to point away to other examples. Send this post your trackbacks.

Sedosi Alhambra:

Mayor Brown's legacy continues to grow sour as more and more details about the HPD crime lab come to the front in the Bromwich report....

See also his thoughts on the Casey column.

Posted by Kevin Whited @ crime lab coverage"> 07/02/05 08:47 PM | Houston Miscellany | Technorati | Comments (0)

25 January 2008

KHOU reports on more HPD Crime Lab problems

KHOU-11 posts the latest distressing news about HPD's Crime Lab:

The head of the Houston Police Department’s DNA testing lab has resigned and two other crime lab employees have been suspended following an investigation into cheating by staff members of the embattled crime lab.

Vanessa G. Nelson, the DNA Section Chief of the HPD Crime Lab, left the department Thursday after tendering her resignation.

Houston Police Chief Harold Hurtt also suspended Sujatha Yarlagadda, a criminalist for the lab, indefinitely.

Another unidentified crime lab employee was placed on temporary suspension, according to HPD.

The resignation of the section chief and the suspension of two employees came after 11 News revealed that members of the crime lab were alleged to have cheated on mandated proficiency exams.

For those who may wonder why the bloggers (and many commenters) here are often so derisive about governmental press releases extolling what a wonderful job [Name the Organization] is doing with [Name the Project], the ongoing saga of the HPD Crime Lab is a nice example of why we try to maintain a degree of skepticism even when we are assured everything is swell. Thankfully, KHOU-11 has remained on top of this story for quite some time.

We'll be looking forward to a frank discussion of the crime lab's ongoing problems during the campaign for Harris County District Attorney this year, given one candidate's significant role in the bungling.

UPDATE: Here is the latest email blast from KHOU:

The DNA/Serology Section of the HPD Crime Lab has been shut down after the head of the Houston Police Department's DNA testing lab resigned and two other crime lab employees suspended following an investigation into proficiency exam cheating by staff members. Exclusive details on 11 News at 5 p.m. and KHOU.com.

The earlier KHOU story has been updated to reflect the shutdown.

Posted by Kevin Whited @ Crime Lab problems"> 01/25/08 04:42 PM | Houston Miscellany | Technorati | Comments (5)

19 March 2008

At least one area crime lab isn't a fiasco...

KHOU-11's Shern-Min Chow reports on one area crime lab that (unlike HPD's crime lab) isn't making news for all the wrong reasons:

The Harris County crime lab is recognized as one of the top labs in the state.

Mike Sutton ran the FBI’s Houston crime scene unit. Often he sent his evidence to a Houston lab.

“I could take it to them — I was certain I would get it back done right in a timely manner,” the 35-year federal agent said.

Not HPD’s beleaguered crime lab, but one a few miles away you probably don’t even know exists.

Harris County has a combined medical examiner and forensics lab that is the largest in Texas after the Department of Public Safety’s state lab.

“It’s one of the top labs in Texas and perhaps even in the U.S.,” Sutton said.

So what is Harris County doing right? Self-policing, certification and state-of-the-art equipment, kind of like on TV.

Like any successful program, you have to be willing to pay for it. Since 2003, Harris County has upped the budget from $10 million to $18 million dollars, nearly doubling the staff to nearly 200 employees.

Mayor White and other municipal leaders balked at even paying for the Bromwich investigation into the problems at the HPD Crime Lab, so we're not holding our breath for a serious commitment of resources to fix its problems. There are trinkets to be pursued, after all.

A Harris County Lawyer had this amusing reaction to the story:

It's worth noting that in all of the DNA scandals caused by the HPD Lab, that Harris County's Lab never ran into the same problems.

Then again, Clarence Bradford wasn't ever the head of the Harris County Lab.

Posted by Kevin Whited @ crime lab isn't a fiasco..."> 03/19/08 10:08 PM | Houston Miscellany | Technorati | Comments (0)

30 September 2008

HPD asks for another $1.25 million for crime lab

Talk about a money drain. From Chron.com:

The Houston Police Department is asking City Council to approve $1.25 million to hire outside scientists to review all tests done by the recently reopened DNA crime lab.

Limited DNA testing resumed at the crime lab in July, but the department still outsources the majority of tests to a Dallas firm.

The two consultants, Dr. Charlotte J. Word and Dr. Robin W. Cotton, would review every case involving DNA testing and check the processes and conclusions reached by HPD's in-house laboratory, according to Dr. Laura Gahn, the DNA lab's technical director.

The hiring of independent, outside consultants was a recommendation of the multi-year, $5.3 million probe of HPD's troubled crime lab, completed in 2007.

"Now, you have an extra level of oversight from outside, giving the public an extra level of confidence," Gahn said.

Right. An "extra level of confidence." The problem is, HPD's crime lab inspires little confidence, let alone "extra."

So, there goes another million down the drain. You may recall that, back in February, Crime Lab Director Irma Rios was interviewed by KHOU-11's Jeremy Desel, when she said that the those in the crime lab were "being good stewards of the public's money." And then she commented that cost was not a problem, which is evidenced by this multi-year fiasco. The only time money has been a problem was when the city didn't want to continue funding the Bromwich crime lab investigation. Now, after fighting that report, HPD wants to spend a million implementing one of its recommendations.

PREVIOUSLY: Crime Lab archives

Posted by Anne Linehan @ crime lab"> 09/30/08 05:09 AM | Houston Politics | Technorati | Comments (3)

09 February 2008

Local media expose dismal state of HPD's leadership

In one fell swoop yesterday, three local media stories demonstrated the woeful state of Chief Hurtt's leadership at HPD.

First, KHOU-11's Vicente Arenas reported on HPD's efforts to attract quality cadet recruits, especially critical now with the department's severe manpower shortage. Unfortunately, it's not going so well, even after HPD ~~lowered~~ "tweaked" standards:

Starting pay for cadets is about $30,000 dollars a year.

Many people have applied for jobs as police officers, 300 last Fall alone. But only 11 got the job at a time when about 1,000 officers are needed to fill HPD’s ranks.

HPD said, despite the shortage of officers, it would not lower its standards to get new cops on the streets.

But 11 News has learned some of the academy's physical requirements have changed. Cadets are not required to do as many pushups and they no longer have to climb walls.

HPD says it only "tweaked" the requirements and they still meet national guidelines. Still Ramos worries the academy's standards may not be strict enough.

And six cadets have been let go recently due to criminal activity.

Next, KHOU's Jeremy Desel snagged an interview with HPD Crime Lab Director Irma Rios, who said that while times are tough, and morale is low, the department really is a good steward of the public's money:

The Bromwich Report into the old lab’s troubles cost the city $5.1 million.

The new lab has received $3.4 million in grants for DNA testing, instruments, training and consultants.

The budget for the crime lab doubled.

All told, more than $10 million was spent to get the new DNA lab up and running.

Still, the lab is not testing all the cases that come to HPD.

"They estimate there are over 2,000 unsolved murders,” said Rios. “Can we do that? We can't. We are building up the lab.”

Breaking down the spending a little further 11 News discovered that in 2005, while the DNA section of the lab was closed, the city spent $725,704 on testing at three outside labs.

In 2006, the lab reopened in July. As you might expect the spending dropped considerably to $258,597.

But last year, with the new lab up and running, the city still spent $336,230.24 on outside testing. And so far this year, even before the lab shut down again, the city had spent $205,446.04.

[snip]

So, despite spending millions, it’s back to the beginning at HPD.

"Going forward I can tell you that we are being good stewards of the public's money,” said Rios. “And that we want that the work that is issued or reports that are issued are the best.

What KHOU's transcript doesn't include is what Rios said right after that sentence (it's on the video): "and that cost not be an objective on that." Even if the end product doesn't match those high standards, Ms. Rios? You'll recall cost was an objective when it came to the Bromwich investigation, with city officials initially balking at the rising cost of sorting out the crime lab's mess.

And then get a load of this: KTRK-13's Gene Apodaca reports that Chief Hurtt thinks HPD needs a new place to call home...and it's going to cost at least a quarter of a billion dollars. Hang on to your wallet for this one:

The plan consolidates several HPD buildings, including those on Travis and Reisner. And it replaces the troubled crime lab and property room. We've been telling you about problems there for months.

It's an expensive plan, $250 million. But the city has been working on this project since last March and they're hoping to complete the new facility as early as 2011 with a $250 million price tag.

[snip]

Under the current proposal, five existing HPD buildings would be sold -- 1200 Travis, which houses administration and investigations, three facilities on Reisner, which house the city jail, central patrol, and transportation, along with 33 Artesia, which houses maintenance and communication.

The city is hoping to make more than $70 million on sale. The general services department would have to come up with the rest.

"Not only is it a nice place to work, it's a place where we can be more effective and efficient in providing services," said Chief Hurtt.

[snip]

Among the benefits, the chief says, would be a new crime lab and property room, replacing the troubled ones HPD currently has.

"The crime lab is going to be in there," said Chief Hurtt. "We're going to be able to have a top notch crime lab center."

Wow. So the soccer stadium and the new convention center hotel aren't the only big budget projects the city's been working on below the radar.

Here's a question for Chief Hurtt: Since HPD's leadership hasn't been a good steward of the public's money for quite a while now (spending money on all the latest techno gadgetry, while not maintaining facilities, ignoring manpower issues until it was too late, not budgeting for a $150 million digital emergency radio system that is long overdue, and throwing money away on a second incarnation of the crime lab), how is this going to be any different?

They may not have enough police officers, their radio network may be out of date, and their crime lab findings may be unreliable, but boy, HPD officials will have mighty fine digs to call home. Image, baby.

Posted by Anne Linehan @ 02/09/08 04:30 PM | Houston Miscellany | Technorati | Comments (14)

07 August 2007

HPD crime lab analyst suspended for failing to secure (drug) evidence

KHOU-11 reports that there are new problems at the HPD Crime Lab:

There are more problems for the Houston Police Department crime lab. A criminalist for the troubled crime lab was suspended last week, accused of not properly securing evidence.

James K. Carpenter, who hired on at the crime lab about five years ago, worked in the controlled substance section of the crime lab. That is the section of the lab that analyzes, among other things, narcotics taken in as evidence.

Investigators would not specify what protocols Carpenter is accused of violating, but a department press statement said he was relieved of duty after he refused to give a formal statement and submit to a drug test.

Lab director Irma Rios said all of the cases Carpenter worked on in the last six months would be reviewed. That is about 200 narcotics cases HPD said.

It doesn't take much reading between the lines to conclude that Carpenter may have violated protocols by consuming the evidence rather than securing it.

The timing couldn't be worse for a crime lab trying to win back public confidence after recent scandals.

ADDITIONAL COVERAGE: Chronicle.

Posted by Kevin Whited @ crime lab analyst suspended for failing to secure (drug) evidence"> 08/07/07 11:54 PM | Houston Miscellany | Technorati | Comments (14)

01 June 2005

Report details more problems with HPD crime lab

The Chronicle's Roma Khanna and Steve McVicker report on the latest damning revelations about the HPD crime lab:

Houston Police Department crime lab analysts fabricated findings in at least four drug cases, an independent investigator reported Tuesday, including one in which a scientist performed no tests before issuing conclusions that supported a police officer's suspicions.

[snip]

The report, released Tuesday, also casts doubt, for the first time, on the laboratory's largest division, controlled substances, which tests substances suspected of being drugs and performs about 75 percent of HPD's forensics work. The latest problems bring to five the number of crime lab disciplines where errors have been exposed — including DNA, toxicology, ballistics and the blood-typing science of serology.

" 'Drylabbing' is the most egregious form of scientific misconduct that can occur in a forensic laboratory," Michael Bromwich, a former U.S. Justice Department official leading an investigation of the HPD lab, wrote in the report.

"In the crime lab, the instances of drylabbing took the form of controlled substances analysts creating false documentation intended to reflect analytical procedures that were never performed."

Investigators reported finding four instances between 1998 and 2000 in which two analysts, whom they do not name, issued findings for tests they never conducted.

In each case, the analysts' supervisors caught the misrepresentations before the evidence could be introduced in court.

The supervisory structure of the crime lab is criticized in the report:

The report cited the absence of strong leadership and quality-control procedures as major reasons for DNA lab problems. Analysts in the crime lab complained to then-Police Chief C.O. Bradford about the lack of supervision as early as 1999, according to documents obtained by the Houston Chronicle in June 2003.

The legacy of Lee P. Brown and Clarence Bradford just keeps growing.

RELATED COVERAGE: Associated Press.

UPDATE (06-01-2005): KHOU-11 helpfully posts pdf files of the actual report. Additional documentation is located at the official investigator's site.

Posted by Kevin Whited @ crime lab"> 06/01/05 06:28 AM | Houston Miscellany | Technorati | Comments (5)

16 March 2005

HPD Chief says crime lab to be accredited soon

Police Chief Harold Hurtt said today that he anticipates Houston's crime lab will be accredited within 90 days, according to AP coverage posted by KTRK-13:

"I don't think there will probably be another crime lab in the country that has gone through so many audits and changes and improvements as the Houston crime lab has been through," Hurtt said. "And hopefully these efforts will again put us in a position where people will come through Houston and say, 'How did you do it?' Because we are not the only crime lab in the country that is experiencing problems."

State Rep. Kevin Bailey, D-Houston, remained skeptical. He said the state needs to oversee troubled crime labs in Houston and Fort Worth.

"I'm sure that they expect to be accredited within 90 days, but I'm not sure if I expect it," he said of the Houston lab. "After two years of watching them fumble the ball everywhere they go, nothing would surprise me at this point. I don't have a lot of confidence in their operation."

The Houston lab wants to become accredited in biology, exclusive of DNA; toxicology; controlled substances; firearms; and document examination.

As a complete aside, Chief Hurtt looked very dapper in his new HPD uniform during the press conference excerpts shown on television earlier.

Posted by Kevin Whited @ crime lab to be accredited soon"> 03/16/05 08:13 PM | Houston Miscellany | Technorati | Comments (2)

17 June 2009

Audacity: Lee Brown claims he fought hard to fix HPD crime lab!

Yesterday, KPRC-950 talker Chris Baker called our attention to the latest installment of Houston's Crime Lab Follies, a wrongful conviction lawsuit seeking millions from the City of Houston (as reported by the Chronicle's Mary Flood):

George Rodriguez’s lawyer asked a federal jury Monday to make the city pay “tens of millions of dollars” for the disgraced Houston Police Department’s crime lab’s pivotal role in the wrongful conviction that put his client behind bars for 17 years.

“What was taken away from him was his youth,” said attorney Barry Scheck, whose Innocence Project works on behalf of convicts in similar circumstances. Rodriguez went to prison wrongly at age 26 and walked out at 43 to find his three daughters grown and his father dead, the lawyer said.

In opening statements Tuesday afternoon, Scheck told jurors about the loneliness, fear and depression his client suffered in prison after being wrongly convicted of raping a 14-year-old girl.

This happened, he said, because policy makers at the city of Houston were deliberately indifferent to rampant under funding, under staffing and a lack of supervision at the crime lab that created a high risk an innocent person could be convicted or the guilty one could go free.

Former mayor and HPD chief Lee Brown today was forced to say more than we have ever heard from him on the topic of his mismanagement of the crime lab. Here are some choice excerpts from Mary Flood's reporting for the Chronicle:

Lee P. Brown testified Wednesday that crime lab mistakes made during his tenure as Houston police chief weren’t his fault and that he worked hard to get the lab the resources it needed.

[snip]

“There was a consistent desire of people in the lab to get more people and consistently I tried to get more people for them,” Brown said. But, he said, in the mid-1980s the city had a hiring freeze, the police academy was closed and he couldn’t get all the required positions or even overtime approved.

[snip]

Showing Brown several police department memos about the crime lab, Rodriguez’s attorney questioned Brown about being told the lab was understaffed and that people lacked training and supervision. A 1986 memo said the lab was “cutting additional corners” and had “diluted quality assurance” and that it could be “embarrassed” because of lab deficiencies.

Brown testified he considered staffing problems to be the root cause of all those references to unreliable lab results and failure to meet professional standards.

“It was tough for the city,” Brown said. “I fought hard to get them what they needed.”

“It turned out it was tough for some criminal defendants who were not guilty, too,” shot back Rodriguez’s attorney Mark Wawro.

Cory Crow elaborates on Lee Brown's hard fighting.

We've noted the Lee Brown/Clarence Bradford reign of error previously with regard to the crime lab, and the fact that neither man has ever given much of a public accounting of his role in the fiasco (Bradford despite running for Harris County DA, and now for City Council). Whatever the outcome of this case, at least Lee Brown has finally been forced to discuss his part in perpetuating the crime-lab fiasco. His testimony doesn't seem to have convinced many Chron.com commenters.

Posted by Kevin Whited @ crime lab!"> 06/17/09 10:26 PM | Houston Miscellany | Technorati | Comments (7)

30 March 2005

HPD crime lab has new leadership to conduct probe

The Chronicle is reporting a development in the HPD crime lab probe:

The former inspector general for the U.S. Justice Department will head the probe of the Houston Police Department's embattled crime laboratory.

The City Council this morning approved the hiring of Michael R. Bromwich to conduct a comprehensive review and analysis of the work of the HPD lab — in some cases going back as far as 1987.

The contract calls for Bromwich, and the Washington, D.C. law firm that employs him, to be paid as much as $2.2 million to carry out the investigation.

According to the contract, Bromwich and his crew of assistants and subcontractors will examine the operations of these crime lab divisions during the period from 1998 through 2004: trace analysis, controlled substances, firearms, questioned documents and toxicology.

The investigators will review the work of the department's serology and DNA labs, dating back to 1987.

Previously, Chief Hurtt has been criticized for not moving faster to deal with crime lab problems.

RELATED: HPD crime lab fails to gain accreditation (blogHOUSTON), HPD Chief says crime lab to be accredited soon (blogHOUSTON)

Posted by Anne Linehan @ crime lab has new leadership to conduct probe"> 03/30/05 03:43 PM | Houston Miscellany | Technorati | Comments (0)

29 September 2005

New crime lab DNA chief on board weeks ago, local media report

Yesterday, KHOU-11 reported that the HPD crime lab had a new director for its DNA section:

The embattled HPD crime lab has a new leader for its DNA section.

A nationwide search for a manager for the DNA section of the lab ended close to home.

Dr. Vanessa Nelson used to work in DNA analysis at the Harris County Medical Examiners office. She was also a section supervisor at the DPS Crime lab.

Nelson has been on the job since Sept. 5.

The Chronicle reported the news today:

A former DNA analyst for the state and Harris County has been chosen to lead the Houston police crime lab's DNA division, which is working to reopen after being shut down almost three years ago.

Vanessa Nelson, who most recently was a senior DNA analyst with the county Medical Examiner's Office, assumed leadership of the DNA lab on Sept. 5, police officials said Wednesday. She is expected to oversee the reopening of the DNA division, the only section in the scandal-plagued crime lab that has not been accredited, possibly by the end of the year, officials said.

Why in the world did it take 23 days for HPD to announce and the local media to report this latest news about the HPD crime lab?

Posted by Kevin Whited @ crime lab DNA chief on board weeks ago, local media report"> 09/29/05 10:18 PM | Houston Miscellany | Technorati | Comments (0)

24 June 2008

Council committee holds a lovefest for Crime Lab director

KHOU-11's Jeremy Desel reports on the grilling HPD Crime Lab director Irma Rios didn't receive yesterday before City Council's Public Safety Committee:

However, five months after the DNA section of the lab was shut down and its manager resigned in another scandal, the city council members who sit on the committee did not have any tough questions to ask of Rios.

“As you can see, there is some good news. We have some real accomplishments to report,” committee chairwoman Melissa Noriega said at the start of the meeting.

The praise did not stop there.

“I want to thank you very much Ms. Rios for all your hard work and leadership,” said committee member Anne Clutterbuck.

No questions about the proficiency testing scandal that closed the lab down. There were questions about a recent trip to England by lab personnel who were on a “fact finding mission,” on the use of private crime labs.

“Are there many privatized crime labs in America also?” councilman M.J. Khan asked Rios.

The answer is yes. As a matter of fact, that is exactly where the city of Houston has been spending hundreds of thousands of dollars as it sends out all DNA testing while the HPD lab has been closed.

No questions about that though.

So, 11 News asked Noriega why no questions about the scandal.

“That is a very, very legitimate point. I don't disagree with you at all,” she said.

Then why didn't councilmembers do their homework so they could ask her tough questions? Why even make a pretense of questioning Rios if nothing substantive was going to come of it? It's not hard to "Google," and certainly local media have had more than a couple of stories on crime lab problems over the past several years.

This past February, Jeremy Desel sat down with Rios and was not afraid to ask her pointed questions. His interview revealed that the lab was spending hundreds of thousands of dollars on outside testing -- still.

But that was of no concern to councilmembers. Did Mayor White not want any tough questions asked? Is D.A. candidate Clarence Bradford trying to ride out any mention of "crime lab scandal" during this election season, since investigations have condemned his leadership?

Posted by Anne Linehan @ Crime Lab director"> 06/24/08 05:14 AM | Houston Miscellany | Technorati | Comments (1)

21 June 2006

Crime lab's DNA division gains one-year accreditation

Yesterday, the AP reported that the DNA division of the HPD crime lab is set to reopen after receiving accreditation:

The DNA division of the Houston Police Department's crime lab is set to reopen after being closed for more than three years because of concerns over flawed testing, city officials said.

The department said Tuesday that the DNA facility has been accredited by the American Society of Crime Lab Directors. The accreditation certifies that the lab meets minimum standards and is required by Texas law for labs to process evidence.

The Chronicle reported the news today in a story that closely tracks the AP version, but adds this useful information:

Unlike a traditional accreditation, which can last for up to five years, the certification that HPD received will expire in one year, Keaton said. It was limited because analysts were performing tests only on mock cases — not working with material from actual cases — at the time they were evaluated. A 2003 Texas law prohibits unaccredited labs from processing evidence.

As Laurence Simon wrote, HPD gets to take the training wheels off the crime lab -- but only for a year.

Posted by Kevin Whited @ Crime lab's DNA division gains one-year accreditation"> 06/21/06 10:35 PM | Houston Miscellany | Technorati | Comments (0)

25 February 2008

Chron: HPD report details latest crime lab problems

Last Friday (the day that damning news often goes to die), the Chronicle ran an important story by Roma Khanna on the latest problems with the HPD Crime Lab. Here are some choice excerpts (although we strongly encourage readers to follow the link and read the entire story):

Months before the troubled Houston crime lab shuttered its DNA division for a second time, analysts and a supervisor warned investigators of continuing problems, including contamination, questionable procedures, and lost evidence, according to a police investigative report obtained by the Houston Chronicle.

So serious were the issues that DNA section leader Vanessa Nelson described the division as "clearly out of control." She told Houston Police Department internal affairs officers to consider halting DNA testing altogether in September — four months before police management made the move to close it.

[snip]

The internal affairs investigation started in response to allegations that Nelson and two midlevel supervisors had improperly coached DNA analysts on a routine skills test in August. Investigators concluded managers indeed had discussed the proficiency test, in violation of policy, and recommended that Nelson and a midlevel manager be fired.

Nelson resigned in January to avoid termination, and the Texas Department of Public Safety hired her to lead the DNA division of its McAllen crime lab. Attempts to reach her Thursday were unsuccessful. Nelson's departure left Houston's DNA division without a supervisor and forced HPD to suspend DNA testing for the second time in six years.

In the course of investigating the cheating allegations, Nelson and others in the DNA division told officers of other troubles at the lab, including attempts to misrepresent the chain of custody on an evidence sample and orders for analysts to do work they were not trained to perform.

The analysts' comments depict a DNA division far different from that police management described as reformed and poised for excellence in 2006 after it earned national accreditation for the first time and resumed DNA testing after an interruption of more than three years.

PR sometimes gets ahead of facts in MayorWhiteChiefHurtt's Houston.

Chronicle staff were kind enough to post the PDF of HPD's internal report (11 MB) to Chron.com at the request of several bloggers. From my reading of it, Khanna's conclusions certainly seem sound. One particularly damning aspect of the report concerns the "coaching" in which some analysts, according to their testimony, felt pressured to change their conclusions in an evaluative situation. What if a man's life were on the line, instead of simply a question on a proficiency exam? Would there have been pressure to deliver a certain answer? Would there have been competent analysis period? This was pretty sober reading, especially after all the positive PR that had previously emanated about the new and improved crime lab.

In Khanna's story, Irma Rios (the crime lab's current director) assures that everything is fine, that problems have been identified and corrected, and that these are expected growing pains (everyone move along, nothing to see here). Unfortunately, this report makes the Rios Pollyanna routine hard to believe. Indeed, it leaves one wondering if MayorWhiteChiefHurtt have been any more effective than MayorBrownChiefBradford at managing the dysfunctional HPD crime lab.

Maybe the problems simply cannot be solved, and it's well past time to consider scrapping HPD's crime lab for an independent regional crime lab. Or maybe this latest crime lab scandal will convince Chief Hurtt he needs to run for DA a few years down the line!

What say you?

Posted by Kevin Whited @ crime lab problems"> 02/25/08 08:49 PM | Houston Miscellany | Technorati | Comments (4)

18 August 2005

Fleck knocks down Chron "firewall" between news/editorial

Back on August 4, we noted the delay in the Bromwich investigation of the HPD crime lab, and wrote,

The Chronicle editorial board is really going to have to stretch to blame this on Harris Country District Attorney Chuck Rosenthal.

A full two weeks later, the Chronicle editorial board finally got around to commenting on the matter, with a clumsy rhetorical effort that goes pretty easy on Chron "good guy" Bill White while taking shots at Chron "bad guy" Chuck Rosenthal:

Harris County District Attorney Chuck Rosenthal says he is willing to allocate money from one of several discretionary funds at his disposal to pay a portion of the crime lab probe costs. "I'm a resident of the city of Houston and I don't want the money coming out of HPD's budget," Rosenthal said.

He also says he wants to resolve the crime lab issue quickly because he doesn't feel it's as serious as has been reported. The Chronicle believes the scandal, with its faked or botched lab tests, inaccurate testimony and mishandled evidence pertaining to thousands of cases, some of them capital murder convictions obtained by Harris County prosecutors, is deadly serious.

The scandal IS serious, but until the investigation is complete, we will not know definitively if the crime lab's problems significantly affected the delivery of justice in Harris County.

Today's related "news" story by the Chronicle's Steve McVicker contains an assertion from a defense attorney that Chuck Rosenthal's motives in helping to get the crime lab investigation moving are suspect:

Although he would not say how much money he is offering, Rosenthal said Wednesday that he has contacted city officials about the possibility of using discretionary funds — such as drug-seizure money — to help underwrite the HPD probe.

Rosenthal acknowledged that he has a "selfish" motive for wanting to get the crime-lab investigation back on track: "I'd like to see it done just to get a resolution to this because I don't feel like there's been the immediacy or the problem that's been painted by y'all and the other media as to how bad things are."

To Houston defense lawyer Troy McKinney, Rosenthal's remarks are indicative of the overall crime-lab problem.

"They continue to take the attitude that any problems are isolated, and only anecdotal, even though there is a tremendous quantity of evidence that the problems are pervasive and continue," McKinney said.

If the crime lab's problems "are pervasive and continue," then how in the world has the crime lab under the current leadership managed to gain accreditation in all areas but DNA testing?

In reality, the excerpt we've cited seems intended as a shot at Chuck Rosenthal -- and it doesn't seem fair or accurate in light of the crime lab's recent accreditation. The defense attorney's assertions NEVER should have made it into a credible "news" story without the reporter at least pointing out the crime lab's accreditation (which would go a long way toward refuting the quote, which leads us back to the notion that the quote NEVER should have appeared in a credible "news" story).

But therein lies the problem. Sedosi Alhambra noticed this curious credit at the bottom of the "news" story:

Chronicle staffer Tim Fleck contributed to this report.

Tim Fleck is not just any "Chronicle staffer." Tim Fleck is a member of the Chronicle editorial board!

So, not only did the Chronicle run an editorial today that took a cheap shot at Chuck Rosenthal, it also ran a "news" story in which it used a suspect quote from a defense attorney to take a cheap shot at Chuck Rosenthal, a "news" story to which an editorial board member contributed!

So much for that "division between the opinion pages and the news pages" that one Chronicle editor/blogger once pointed out to us.

Posted by Kevin Whited @ 08/18/05 11:03 PM | Houston Chronicle | Technorati | Comments (0)

12 May 2005

HPD crime lab receives accreditation

HPD's crime lab received some good news on Wednesday:

Houston's troubled crime lab took a giant step forward in getting the community's confidence back, but there's more work to be done.

All operations of the lab received national accreditation except the DNA section. It's been closed since 2002 when an audit revealed possible contamination of evidence and poorly trained staff.

Police Chief Harold Hurtt hopes to have the DNA lab accredited and back in operation by the end of the year.

We'll take Chief Hurtt at his word, since he has now delivered on his March promise that the crime lab would be accredited (except for the DNA section) in 90 days.

ADDITIONAL COVERAGE: KPRC-2, KHOU-11, KUHF-88.7, Chronicle.

Posted by Kevin Whited @ crime lab receives accreditation"> 05/12/05 09:32 PM | Houston Miscellany | Technorati | Comments (0)

13 July 2008

Bradford comes out of hiding, spreads the blame for the crime lab mess

Alan Bernstein's profile of Democratic Harris County District Attorney candidate Clarence Bradford (which has already generated discussion here and elsewhere) heads into almost virgin territory for this campaign, as Bernstein actually managed to entice Bradford out of hiding to talk about various scandals during his time as HPD Chief.

Given the (low) quality of the answers, one can certainly understand why Bradford's handlers prefer him hiding from the press.

Here are some sidebar comments on Bradford's notion of responsibility:

"Anytime something goes wrong in the police department the chief is responsible. If the toilet doesn't flush in the police building, the chief has to take responsibility for that. That's part of the job"

"9/11 happened when President Bush was president. I don't blame the president for 9/11 happening because he was president at the time, OK? Things happen"

Things happen, yes. But as the Bromwich reports made clear, life-and-death things happened with the HPD crime lab during Bradford's watch, and Bradford was part of the problem.

Bradford, though, admits that he hasn't read those reports -- reports for which area government spent millions so we could try finally to fix the problems of the crime lab -- and that he doesn't plan to:

The former chief, however, said he had no intention of reading all of the reports on the two-year, $5.3 million investigation of the crime lab by a team led by Michael Bromwich, a former U.S. Justice Department inspector.

Asked why, Bradford replied: "Because I was part of the process (of the investigation). I am familiar with the reports; I have read the summary of all of them."

The reports repeatedly fault HPD's "chain of command" for lax oversight. Bradford said he disagrees with some of the conclusions.

Any candidate for Harris County District Attorney who has pledged NOT to read more than a summary of the Bromwich reports on the crime lab should be disqualified from pursuing the office. That's just an astounding, damning, admission.

Moving on from the responsibility theme, Bradford does have in mind who's really to blame for mismanagement of the crime lab:

"What I should have done — which I didn't see until this all blew up — I should have at least annually gotten independent audits of the crime lab, as opposed to relying on, like the two previous chiefs had done, this particular supervisor ... stating the crime lab met all the federal standards," he said. "So, yes, that's when I dropped the ball. I relied too heavily on the people with the science and biology degrees."

The experts let Clarence the Delegator down! Oh, and so did the other member of Houston's Dynamic Duo at the time:

Bradford, 52, said he was unable to increase lab staffing because of tight budgets dictated by Lanier's successor, Lee Brown — whose law enforcement consulting company, Brown Group International, has employed him since his retirement.

So, this man who won't be capable of trying major cases in court because of lack of experience and has said -- in this profile even -- that as District Attorney, he will be a major public voice and manager rather than a prosecutor -- wasn't able to persuade Lee Brown, Council, or the public that perhaps funding to deal with some known issues at the crime lab would be a good idea? That seems like a guy who isn't likely to be a persuasive public-facing District Attorney either.

But he wants voters to know he's learned from the ordeal:

Bradford, with degrees in criminal justice, public administration and law as well as training by the FBI National Academy and the Kennedy School of Government at Harvard University, considers the lab failures a plus for him now: "I am able to learn from those and move forward. ... That makes me more prepared to go in and deal with organizational issues such as these."

Defendants whose evidence was mangled as the leaders ultimately responsible for the Crime Lab fiddled, so to speak, will surely be pleased to know there's a silver lining to the mess.

Good for Bernstein for finally getting Bradford to answer some of these important questions. We suspect, given some of these disastrous answers, that we may not see Bradford answering many more press inquiries in the near future.

Posted by Kevin Whited @ crime lab mess"> 07/13/08 10:48 PM | Houston Politics | Technorati | Comments (1)

15 October 2009

KTRK: HPD Crime Lab looks for outside help to clear its case backlog

A couple of weeks ago, Mayor Bill White admitted he was concerned about a backlog at the HPD crime lab that has existed for years.

Tonight, KTRK-13's Andy Cerota reports that crime lab officials have been working hard to secure outside help to clear that embarrassing backlog:

On the heels of asking for $2 million to hire more DNA technicians to clear the backlog, the crime lab's director for the first time is reaching out to other law enforcement agencies, namely the FBI, for help.

"I'm optimistic. I'm looking at grants. I'm looking at private entities. I'm looking at the DA's office. So we're looking at different ways we can fund this project and get these rape kits completed," said Irma Rios, HPD Crime Lab Director.

[snip]

"If we had the appropriate funding and support we could get that done here at a much quicker pace. I think we now have the commitment to move forward a little bit faster," said Chief Hurtt.

That doesn't make it sound like it has been much of a priority for the City of Houston to clear the backlog.

Interestingly enough, Mayor White is not quoted in the KTRK story. Perhaps he was too occupied with his campaign for a U.S. Senate seat that still hasn't been vacated to be "concerned" with the pesky, enduring local crime lab problems.

Posted by Kevin Whited @ Crime Lab looks for outside help to clear its case backlog"> 10/15/09 08:10 PM | Houston Miscellany | Technorati | Comments (3)

02 March 2005

HPD crime lab fails to gain accreditation

The Chronicle's Steve McVicker reports that the Houston Police Department has failed in its latest attempt to gain accreditation for the crime lab:

A national panel rejected the Houston Police Department's effort to have its troubled crime laboratory accredited by the end of February.

In a meeting Saturday in New Orleans, the American Society of Crime Laboratory Directors told HPD lab director Irma Rios that auditors had found problems with the evidence chain-of-custody record-keeping.

[snip]

On Feb. 16, Police Chief Harold Hurtt told state lawmakers investigating the crime lab that he hoped to have it accredited by the end of February.

On Tuesday, state Reps. Kevin Bailey, D-Houston, and Robert Talton, R-Pasadena, filed a bill that would establish regional DNA crime labs that would be overseen by the Texas Department of Public Safety.

[snip]

"It's two years later and they still can't get accredited," the state lawmaker said. "You don't see any real evidence that they're making a whole lot of progress."

In all fairness, Mayor White and Chief Hurtt have been very busy with other priorities, such as Tasers, red-light cameras, SAFEclear, and the like.

We're sure, though, that the sky is the limit now that Chief Hurtt is in uniform.

Laurence Simon has further thoughts on this news.

Posted by Kevin Whited @ crime lab fails to gain accreditation"> 03/02/05 07:26 PM | Houston Miscellany | Technorati | Comments (1)

25 October 2004

The Dallas Morning News on the crime lab controversy

The Dallas Morning News ran a column by Bruce Nichols last Friday on the ongoing controversy over Houston's disgraced police crime lab.

The story is noteworthy because it actually treats the controversy in a balanced manner, unlike the Chronicle, which has engaged in one-sided reporting and mischaracterized Harris County DA Chuck Rosenthal's position repeatedly.

Here are some excerpts from the Nichols story that would never make it into the Chronicle:

10 January 2006

HPD crime lab investigator wants to expand inquiry

The Chronicle reports that Michael Bromwich, who is leading the investigation of HPD's crime lab, has suggested to a City Council committee that he needs subpoena power to continue his work:

The special investigator probing the Houston crime lab scandal told a City Council committee today that his team needs subpoena power because some key figures are refusing to cooperate.

At least one former supervisor and one former crime lab analyst have refused to talk with investigators who are trying to unravel the web of problems plaguing the Houston Police Department facility, Michael Bromwich said.

The official reports detail Bromwich's unsuccessful efforts to secure interviews with some of the key players.

KHOU-11's Reggie Agui reports that Bromwich wants to expand the probe in other ways:

On Tuesday, Houston’s City Council heard more about the report and why the independent investigator believes it doesn’t go back far enough.

Independent investigator Michael Bromwich said he needs to look at cases going back to 1980.

The independent investigator found that 40 percent of the DNA cases he reviewed had serious flaws – something City Council knew going into Tuesday’s meeting.

What the City Council didn’t know is how long the investigation may take, as it may only be just the beginning.

Until now, the crime lab investigation only looked at cases from 1987 and on.

But the man leading the review said he needs more.

“Going back at least to 1980,” said independent investigator Michael Bromwich. “That is, identifying all serology cases in which the serology work may be related either by trial or by guilty plea to a conviction.”

That means potentially looking at hundreds more cases, each of which will require more time and more money.

The city doesn't have much choice but to get to the bottom of the crime lab problems. They've simply been ignored for too long.

ADDITIONAL COVERAGE: KPRC-2.

Posted by Kevin Whited @ crime lab investigator wants to expand inquiry"> 01/10/06 10:09 PM | Houston Miscellany | Technorati | Comments (0)

27 June 2008

Chief Hurtt's trip to London cost $14,000

KPRC-2's Phil Archer has details of a trip Chief Hurtt took to look at a DNA lab:

Houston Police Chief Harold Hurtt addressed concerns on Thursday about a trip to London for the crime lab that cost taxpayers thousands of dollars, KPRC Local 2 reported.

HPD is rebuilding its scandal-plagued DNA lab. That's the reason Hurtt said he and three staff members flew to London earlier this month at a cost of more than $14,000.

[snip]

The chief insisted that it was not a pleasure trip. He said the visit was strictly business.

"We have to be able to do this right where people have confidence," Hurtt said.

Hurtt went to London to look at a DNA laboratory operated by Forensic Sciences Services, a state-of-the-art lab that the chief said can process more DNA samples faster and more accurately than any in the U.S.

"This is the vision that I have for the Houston Police Department's DNA lab," Hurtt said.

You'll recall just this week city councilmembers couldn't think of a single probing question to ask HPD Crime Lab Director Irma Rios.

The story notes that HPD is now negotiating to hire "London-based consultants." It was just this past January that HPD's crime lab was in the news as the head of DNA testing resigned after a cheating scandal. So now Chief Hurtt wants to go from disgraced and dysfunctional to state-of-the-art and tops-in-the-U.S. I'm guessing Houstonians would settle for just processing DNA samples successfully. Period. You know the old saying, "champagne taste on a beer budget"? Chief Hurtt has champagne taste, with a near beer track record.

Does Harris County's Crime Lab function successfully without London-based consultants? Well, we know it functions successfully and with little media fanfare!

Posted by Anne Linehan @ 06/27/08 05:12 AM | Houston Miscellany | Technorati | Comments (8)

31 May 2006

House committee to assist Bromwich with subpoenas

The Chronicle's Steve McVicker reports that three key witnesses who have thus far refused to answer questions from Michael Bromwich about the HPD crime lab may soon be compelled to do so by a Texas House committee:

Three recalcitrant witnesses believed to hold key information concerning the root of problems at the Houston Police Department crime lab could soon be forced to tell what they know.

Michael Bromwich, the city's independent investigator, and Rep. Kevin Bailey, D-Houston, chairman of the House Committee on General Investigating and Ethics, confirmed Tuesday that an unorthodox agreement has been reached that would let Bromwich use the committee's subpoena power to compel the uncooperative former lab employees to testify under oath.

"We're pleased we've been able to reach an agreement with Chairman Bailey and the members of his committee that will advance our investigation," Bromwich said.

In his latest report on the crime lab released earlier this month, Bromwich, a former U.S. Justice Department inspector general, said DNA and serology analysts may have tailored their findings to support predetermined crime theories.

Bromwich also complained that the probe by his team of forensic investigators has been hindered by an absence of cooperation from three ex-crime lab employees: former lab supervisor Don Krueger, former DNA lab chief James Bolding and former analyst Christy Kim.

Krueger retired in February 2003 after the DNA section's widespread problems were exposed. Former Police Chief C.O. Bradford later recommended that Krueger be fired for his role in the lab's problems. Bolding resigned in 2003 to avoid being fired. Kim was fired, but the Civil Service Commission re-instated her and she later retired.

It will be useful finally to have detailed testimony from these three former employees.

FROM THE ARCHIVES: The Bromwich investigation.

Posted by Kevin Whited @ 05/31/06 09:39 PM | Houston Miscellany | Technorati | Comments (0)

01 June 2005

Crime lab investigator moves to next phase

KUHF-88.7's Jack Williams reports that yesterday's revelation that the HPD crime lab faked some test results may only be a precursor of more bad news to come later this summer:

The man in charge of investigating the Houston Police Department's Crime Lab says a new phase of his probe later this summer could uncover even more trouble, beyond his early finding that lab workers faked test results.

Independent investigator Michael Bromwich has been on the job for the past eight weeks and says the next phase of his investigation will begin in early July and include more in depth reviews of cases that involved forensic testing.

[snip]

One of the labworkers who was found to have fabricated test results has left the department. The other one still works in the lab under tighter supervision.

Isn't it reassuring to know that a crime-lab worker can fabricate test results that potentially are about life and death, and still remain employed by the City of Houston, no doubt accruing generous pension benefits?

The Brown/Bradford legacy continues to grow.

UPDATE (06-02-2005): The Chronicle runs additional coverage from Steve McVicker.

Posted by Kevin Whited @ Crime lab investigator moves to next phase"> 06/01/05 11:19 PM | Houston Miscellany | Technorati | Comments (0)

04 October 2009

Chron reports on years-long crime-lab backlog; Mayor White is concerned

Way back in April, we commented on Texas Watchdog's announcement they were bringing former Chronsters Steve McVicker (and Rosanna Ruiz) on board as follows:

We're looking forward to learning about more METRO deception and funny numbers, not to mention just how many thousand rape-test-kits are sitting in a (leaky?) closet somewhere still waiting to be analyzed several years after the Bromwich Report on the crime lab.

We haven't seen much Watchdogging Texas from McVicker*, but the Houston Chronicle finally got around to answering our question a couple of days ago:

Seven years after the Houston Police Department crime lab scandal first broke, city officials acknowledged this week that nearly 4,000 rape kits and other crime evidence remain untested for DNA.

According to HPD Crime Lab Director Irma Rios, that untested evidence stored in the property room includes a backlog of 1,048 active cases where police investigators have asked for DNA testing.

We're glad somebody finally decided to answer the question of whether the crime lab has cleared its backlog of cases. And we are glad Mayor Bill White told the Chronicle that he is concerned about the years-long backlog -- obviously it's been a priority for him!

Posted by Kevin Whited @ crime-lab backlog; Mayor White is concerned"> 10/04/09 08:55 PM | Houston Miscellany | Technorati | Comments (4)

10 May 2006

KHOU: HPD crime lab report due Thursday

KHOU-11 reports that Michael Bromwich is set to release an update on the investigation of the HPD crime lab.

The report will presumably be available on the investigation website, following the requisite press briefing.

UPDATE (05-11-2006): The report is now available on the website. I won't have time to read the report until tonight. However, feel free to discuss it in the comments in the meantime.

Posted by Kevin Whited @ crime lab report due Thursday"> 05/10/06 10:49 PM | Houston Miscellany | Technorati | Comments (1)

15 March 2009

Lykos announces DNA testing policy, calls for regional DNA crime lab

Earlier this week, Harris County DA Pat Lykos announced that moving forward, the DA's office will test DNA evidence in all cases where it is available and relevant.

The new policy was rolled out in response to a 2003 case in which an innocent man, Ricardo Rachell, was wrongly convicted of sexual assault of a minor. Lykos laid some blame on the HPD Crime Lab, which was dysfunctional at the time the case was proceeding. Flanked by HPD Chief Harold Hurtt, Lykos apologized for the "cascading, system-wide breakdown" and also called for the creation of a regional DNA crime lab.

Lykos rightly drew praise for this move, from such diverse quarters as former prosecutor Murray Newman, defense attorney Mark Bennett, and the Chronicle's metro/state plagiarist Rick Casey. Indeed, we can't imagine why the move wouldn't draw praise, which is why we didn't see much need to comment on the obvious earlier in the week.

However, the real devil will be in the details. It's one thing to call for a regional DNA crime lab, which we agree is a good idea. In the meantime, however, the ongoing problem of confidence in the HPD Crime Lab looms, and apparently that is yet another problem that will pass from MayorWhiteChiefHurtt to the next administration. Local CompStat/policing activist Jay Wall reminds us that in 2005, the New York Times reported that the crime lab in 2002 had a testing backlog of nearly 19,500 rape test kits, and had only reduced that number to 10,000 by 2005; he rightly asks why HPD wasn't performing those tests back then. We haven't heard where the number stands today, but we'd be shocked if the backlog has been eliminated. Clearly, we need leadership other than MayorWhiteChiefHurtt to move this forward, so kudos to Pat Lykos for taking it on. We hope she makes it a real priority.

We were amused that one Democratic activist welcomed the move, but nonetheless spun it as Lykos stealing Clarence Bradford's DA campaign proposals. This same activist neglected to mention that one big reason the HPD Crime Lab was dysfunctional at the time of the Rachell case was the mismanagement of HPD's chief at the time, none other than Clarence Bradford.

Bradford, incidentally, is currently running for the City Council At-Large Position 4 seat.

The full Rachell Report is available on the Chronicle website here, in pdf format.

Posted by Kevin Whited @ crime lab"> 03/15/09 07:03 PM | Houston Miscellany | Technorati | Comments (4)

06 June 2005

Banking industry mysteries on the Chron letters page

Anne Linehan commented earlier on the HISD angle to a letter printed in today's Chronicle.

There's another problem with that letter, a problem that's consistent with the newspaper's long-term treatment of Harris County DA and apparent "bad guy" Chuck Rosenthal.

Here's the relevant excerpt:

In the Chronicle's June 3 article ``HISD wrong to probe case itself, DA says,'' Rosenthal said HISD should have requested help from an outside law enforcement agency as soon as its investigation into consulting contracts uncovered potential criminal acts. And this is the same district attorney who refused for months to agree to an independent investigation of the Houston Police crime lab? How many people have been wrongly imprisoned due to the lab's shoddy work?

I see a double standard here.

LEE L. KAPLAN, Houston

This blog forced the Chronicle to issue a correction not that long ago for running a letter that mischaracterized Rosenthal's position on the crime lab, but apparently it is not a standard practice in the banking industry for people like letters editor Judy Minshew to learn from past mistakes. Just to be clear on Rosenthal's position on the crime lab, here is what he told blogHOUSTON back in October:

... I followed up with Rosenthal, who explained that he actually had called for a Blue Ribbon Review panel to review the crime lab (which Judge Robert Eckels supported but then-Mayor Lee Brown opposed), and that he later wrote to then-police chief Joe Brashears urging a review of the entire crime lab. He admits that he has refused to recuse himself "unless there was evidence that any of my staff was involved in wrongdoing" and contends he's just doing the job he was elected to do. He has also opposed a "Cleveland plan" style review, contending that it is not appropriate to Houston's circumstance.

The letter writer certainly is right to ask about double standards, but (like the Chronicle) is too focused on Chuck Rosenthal, whose office is put in a real bind because of the crime lab fiasco.

Here's a better question: Why is the Houston Chronicle not more focused on the roles of former police chief Clarence Bradford and former mayor Lee Brown in said fiasco?

UPDATE: Steve McVicker writes about the latest crime-lab developments on Chron.com. Of course, it wouldn't be a Chronicle story if an earlier version hadn't included an error related to Chuck Rosenthal, but at least the newspaper deserves credit for a transparent correction (would we be nitpicking to suggest the proper spelling of "discrepancies?" Probably).

Posted by Kevin Whited @ 06/06/05 09:31 PM | Houston Chronicle | Technorati | Comments (0)

13 July 2005

Chron editorialists try to blame DA, judges for crime lab fiasco

KPRC-2 general manager Steve Wasserman has belatedly weighed in on the HPD crime lab controversy:

Appalling is the only word to describe the magnitude of the mismanagement under which the Houston Police Department crime lab operated, as described in the third report of the independent investigator.

Some results of the ineptitude are already known: evidence contaminated with rain water from a leaky roof, more than 19,000 rape kits never analyzed or sent to the federal DNA profiling database.

This report concentrates on the history and lack of oversight that caused this.

HPD's underfunding and personnel classifications caused pay to be so low that employees -- even senior managers -- moonlighted.

Turf wars and feuds put under qualified people in critical jobs. A detached HPD bureaucracy held no one accountable for incompetence and outright fraud.

LOCAL 2 wonders if the powers that be have the will to institute the changes in the police culture needed to elevate the crime lab to appropriate level.

As we've previously noted, HPD and city leaders deserve plenty of blame for the crime lab.

The Chronicle editorial board, on the other hand, seems to want to shift blame for the lab's disgraceful practices -- many of which occurred when Lee P. Brown, the candidate the newspaper endorsed repeatedly for mayor, was in a position to make a difference (or not) -- to one of its favorite "bad guys," Harris County District Attorney Chuck Rosenthal.

Here's a snippet from a Sunday editorial:

This shocking state of affairs could not have endured for at least 15 years without the willful ignorance, negligence and wrongdoing of officials throughout Harris County's justice system. Mayors and police chiefs budgeted too little for the crime lab; Police Department supervisors ignored analytical errors and tolerated cheating. Crime lab employees reached false conclusions, misinterpreted forensic evidence and misled juries about their knowledge and skills.

In the Harris County district attorney's office, some prosecutors knew about cheating on crime lab tests but did not inform their colleagues or the defense bar, as required by law. When criminal violations by lab personnel were alleged, prosecutors declined to seek indictments, deciding instead to leave bad enough alone.

The Chronicle's ongoing effort to insinuate that Chuck Rosenthal (whose inexperienced and underwhelming opponent the Chronicle editorial board endorsed in the last election) played a part in the HPD crime lab fiasco is not subtle. In the interest of equal time, I contacted Rosenthal and asked for his reaction to those charges. He told me:

On three tests we knew that mistakes had been made because they were caught by lab supervisors. In each case the defense attorneys were notified, changes were made to the indictments and the defendants pleaded guilty.

What the Chronicle did was to post an erroneous set of facts (saying that results were obtained without testing the drugs) to several defense attorneys.

I learned from talking to HPD lab supervisor Irma Rios, in 1998 Chemist Patel had several pills to test. He tested the first one and erred in the identification of the pill. He assumed, I suppose, that other pills were the same without testing.

News consumers can make up their own minds as to what they think of Rosenthal's comments, but it's a shame they have to turn to blogs rather than the city's only newspaper just to learn Rosenthal's response, a basic part of the story.

The Chronicle followed on Monday with a related editorial that makes additional reckless suggestions about the integrity of judges and prosecutors within the Harris County justice system:

Even in today's post-Soviet Russia, judges and prosecutors tend to do what the Kremlin wants them to do. Here, judges are independent of the executive branch, and every resident is guaranteed a trial by jury. However, the criminal justice system in Harris County in no way can be considered a level playing field.

The prosecution has access to the investigative resources of cooperative police departments eager for convictions. It has its own investigators. The district attorney can devote as many experienced prosecutors and as much time to a case as he deems necessary.

In almost all criminal cases, the defendant has no money for even one lawyer. The court appoints one for him. Appointed defense lawyers might be inexperienced or just not good at what they do. They might be paid so little that they can afford to spend only a few hours on the case. Sometimes appointed counsel will ask the court for money to hire an investigator or conduct independent analysis of the physical evidence; frequently they won't.

[snip]

Some judges hire contract lawyers to represent indigent defendants. This assures competence, but in the end the defense lawyers are still working for and dependent for their pay upon the judge, who might put quick resolution of cases above taking every measure to see that justice is done.

Most cases are resolved by plea bargain. The prosecution offers defendants a shorter sentence or lesser charge in exchange for a guilty plea. This results in a system in which an innocent person asserting his innocence, with minimal assistance from counsel, stands a good chance of spending more time in prison than a guilty person admitting guilt.

Many jurisdictions in the United States level the playing field by establishing a public defender's office with staff and resources similar to those of the prosecution. Ideally, Harris County should have such an office, which could hire defense lawyers for the poor and take responsibility for their competence and success in trial.

Yes, the editorialists under the supervision of a man who once asserted that "most blogs lack the elegance, wit and insight" of "editorial pages in their ideal state" have actually intimated that the Harris County justice system is not unlike Russia's. And that its judges lack integrity.

Elegant? Witty? Insightful? Not especially.

Surely the Chronicle editorialists can participate in a debate of the weaknesses (and strengths) of the Harris County justice system without transparently smearing a district attorney whose defeat they have urged largely because of his views on the death penalty, and without impugning the integrity of the judges within the system. Furthermore, they might provide some evidence that many people are wrongly convicted or wrongly accept a guilty plea when they are innocent. Assertions and smears are not evidence.

On the substantive matter of establishing a public defender's office with resources comparable to the district attorney's office -- that might be good public policy, or it might not. The Harris County district attorney's office is hardly unusual in that it regularly loses good prosecutors to private practice, where the pay is much better. If the DA's office cannot compete with private practice in terms of salary, why does the Chronicle think a public defender's office could be any more successful at retaining competent counsel?

Perhaps when the editorial idealists are done smearing people they don't like, they could address that question.

Posted by Kevin Whited @ crime lab fiasco"> 07/13/05 09:22 PM | Houston Media | Technorati | Comments (1)

13 June 2005

Crime lab analyst who made up results finally resigns

KTRK-13's Ted Oberg reports that the analyst who remained employed by the HPD crime lab after faking test results has finally resigned:

One analyst resigned instead of being fired. The second analyst was reprimanded in writing, suspended for three days and put back in the lab, where today he is suspended, but still collects a paycheck. His 7,660 cases are being reviewed to see if there are other false results.

"The first thing I'd like to see y'all do is get rid of that person," said Houston city councilmember Ada Edwards.

Councilmember Edwards got her wish late Monday afternoon. The analyst left the department.

"Today, Mr. Patel resigned from the Houston Police Department," said Chief Hurtt Monday. "He was neither asked, nor approached by the department in reaching his decision. What we need to concentrate on is what would be good for the Houston Police Department, the citizens of Houston, and our role in the criminal justice system in the future."

The chief knows this won't be easy to get over in the short term, but he and Bromwich both expressed that they hope it recovers in the long run. All of this was discovered during former Police Chief CO Bradford's administration. On Monday, he wouldn't answer any of our questions about it. As for a criminal fraud prosecution of the analyst, it's too late, says DA Chuck Rosenthal. The statute of limitations has expired.

Patel was neither asked nor approached by the department? Why not?

It's not surprising that former Chief Bradford doesn't want to answer questions about the level of ineptitude that permeated the crime lab while he was chief and Lee P. Brown was mayor. Unfortunately, they weren't held to account by local media -- especially the Chronicle editorial board -- even when they were still public officials.

PREVIOUSLY: Report details more problems with HPD crime lab (bH), Crime lab investigator moves to next phase (bH).

Posted by Kevin Whited @ Crime lab analyst who made up results finally resigns"> 06/13/05 08:27 PM | Houston Miscellany | Technorati | Comments (1)

14 October 2007

Harris County criminal judges to review crime-lab cases identified by Bromwich

At the end of the week, the Chronicle's Roma Khanna and Steve McVicker reported that Harris County criminal district judges plan to review 180 crime-lab cases identified by Michael Bromwich as potentially troubling in his investigation of HPD's Crime Lab:

Days after the release of a man wrongfully convicted on faulty forensics, Harris County criminal district judges are poised to appoint a panel to review 180 cases with problematic Houston crime lab evidence, ending a dispute about how to scrutinize those cases.

Local officials have argued about how best to address those cases since June, when an independent investigator recommended appointing a "special master" to review cases with questionable body fluid testing known as serology from the scandal-plagued Houston Police Department crime lab.

Mayor Bill White, Police Chief Harold Hurtt and top prosecutor Chuck Rosenthal dismissed the need for an outsider for the serology review, saying the cases could be handled within the existing system.

But others, including state legislators and criminal defense attorneys, pressed the need for a consolidated, independent review. Just this week, a man freed after serving 14 years for a rape he did not commit urged the City Council to take action saying, "something must be done."

At a routine administrative meeting Wednesday, Harris County's criminal district judges prepared to take action.

They plan to assign three defense attorneys to determine the importance of crime lab evidence to the 180 convictions and act accordingly. Those three likely will report to retired Judge Mary Bacon. Bacon will conduct teleconferences beginning Oct. 22 with 160 of the defendants in those cases, inform them of the issues with their cases and determine whether the defendants want their cases reviewed.

State District Judge Olen Underwood, the presiding judge over the judicial region that includes Harris County, must approve the project. It will be paid for with county funds.

As the story indicates, Mayor White and Harris County DA Chuck Rosenthal had resisted Bromwich's recommendation for the appointment of an independent special master, arguing that existing institutions could best review the cases. We've never thought a second (or third, or fourth) set of independent eyes could actually hurt the case review process, however -- and that it quite likely could help.

In light of the week's events surrounding the release of the unjustly incarcerated Ronald Taylor, we can't view this move by Harris County judges as anything but welcome.

RELATED: Mix-up on DNA deals HPD lab another blow (Mike Tolson & Roma Khanna, Houston Chronicle), Freed man's case was forged by chain of errors (Roma Khanna, Houston Chronicle), Making it right: New panel must quickly attack crime lab's festering injustices (Houston Chronicle).

Posted by Kevin Whited @ crime-lab cases identified by Bromwich"> 10/14/07 02:58 PM | Houston Miscellany | Technorati | Comments (3)

23 September 2006

Mayor now has opinion on crime lab probe

It took several months, but the Chronicle's Roma Khanna reports that Mayor White finally has an opinion on continuing Michael Bromwich's investigation of the HPD crime lab:

Houston Mayor Bill White, who initially questioned spending $1.5 million to complete an investigation of the police crime lab, said Friday that he supports the proposal and has scheduled a vote for next week.

The independent investigation of the Houston Police Department crime lab stalled in June after the team of lawyers and scientists conducting it asked for more money.

White, several City Council members and a high-ranking police official raised concerns about whether the city should spend more on a project that has cost $3.8 million to date.

"The mayor wanted a full accounting of how the money was being spent and the assurance that this would be the final request for funds," said White's spokesman, Frank Michel.

bH Political Translation: The recent bad press on Mayor White's refusal to take a position on this issue combined with strong criticism from some Councilmembers over the delay finally produced action from our footdragging mayor.

Posted by Kevin Whited @ crime lab probe"> 09/23/06 01:58 PM | Houston Miscellany | Technorati | Comments (4)

15 August 2005

HPD warns it may cut services to fund crime lab investigation

KTRH-740's Brent Fuller is reporting that HPD officials are saying HPD may have to cut spending on public safety in order to fund the next phase of Michael Bromwich's investigation into the HPD crime lab.

Mayor White, who likes to wrap himself in "public safety" when it comes to promoting his agenda, needs to head this off by assuring citizens that the City of Houston will find the resources to sort out the crime lab without cutting public-safety services.

Mayor White was not quoted in Fuller's story.

UPDATE: KTRK-13 and KHOU-11 cover the story.

UPDATE (08-16-2005): The Chronicle covers the story. Mayor White is not quoted. Where is the leadership of our "public safety" mayor on this important issue?

Posted by Kevin Whited @ crime lab investigation"> 08/15/05 02:13 PM | Houston Miscellany | Technorati | Comments (3)

22 February 2006

DMN recaps HPD crime lab investigation to date

Bruce Nichols, the Dallas Morning News' man in Houston, has a lengthy story about the ongoing HPD crime lab investigation posted on several Belo news sites.

While there's not much new information for people who have been following this matter closely, it's still a useful recap of the matter to date.

Posted by Kevin Whited @ crime lab investigation to date"> 02/22/06 10:26 PM | Houston Miscellany | Technorati | Comments (0)

19 September 2006

Crime lab investigation stalled; Mayor has no opinion

The Chronicle reports that the city is still dragging its feet on spending the money necessary for Michael Bromwich's team to finish its investigation of HPD's crime lab:

The only comprehensive investigation of the Houston crime lab remains on hold, three months after dwindling funds stalled the probe that first exposed evidence of serious problems such as falsified test results and the tailoring of reports to fit police theories.

While Police Chief Harold Hurtt has expressed support for completing the inquiry, another high-ranking police official has said it is not worth the $1.5 million investigators are seeking. Several City Council members also have raised doubts, and Mayor Bill White has been noncommittal.

[snip]

"My question to Mr. Bromwich is, basically, 'What are you going to provide in that $1.5 million that we haven't already received?' " Executive Assistant Police Chief Martha Montalvo said at a July 25 council committee meeting.

Hurtt, however, has said he would like to see Bromwich complete the probe.

"The money would have to be worked out by City Council," he said after Montalvo's comments, "but we ought to let him finish up his job."

Harris County District Attorney Chuck Rosenthal, who last year provided $500,000 to help with the probe, agreed Monday that the team should be allowed to complete its work.

Hurtt and Rosenthal are right. The city has already spent a considerable amount of money on this investigation, which is not complete. HPD's crime lab fiasco has cast doubt on this area's criminal justice system. Finishing this important investigation into what went wrong really is not optional.

The stunner here is Mayor White's refusal to take a stand one way or the other, just as he has refused to take a stand on his soft-on-crime police chief's temporarily suspended no-chase policy. We elect leaders to lead. So it's time for Mayor White to push this investigation to its rightful conclusion, or to explain why investigating past problems with our criminal justice system does not merit the expenditure (instead of hiding behind an executive assistant police chief).

This is one area where money shouldn't even be that big a concern, but here's a win-win proposal -- since Mayor White continues to insist that his red-light-camera revenue stream really isn't about the money, surely he can't object to setting aside revenues generated by the red light cameras to fund the conclusion of Michael Bromwich's investigation of HPD's crime lab.

Posted by Kevin Whited @ Crime lab investigation stalled; Mayor has no opinion"> 09/19/06 12:11 PM | Houston Miscellany | Technorati | Comments (8)

24 August 2005

City finally to move forward with Bromwich investigation

KTRK-13 reports that Mayor White and his Council have finally approved funding that will allow the Bromwich investigation of the HPD crime lab to proceed:

The city of Houston has found the money to pay for an extensive investigation of HPD's crime lab and property room.

On Wednesday, the city council OK'd an additional $1.1 million to pay for phase two of the crime lab investigation. The probe had been on hold for the past several weeks because of funding problems and HPD warned it might have to cut a police cadet class to pay the bills.

Wednesday's vote means that won't happen.

In a just world, the Chronicle editorial board would plant a big smooch on the cheek of Harris County District Attorney Chuck Rosenthal, who showed up a footdragging Mayor White by offering to fund a large part of the investigation from his discretionary budget, and got this investigation moving again.

RELATED COVERAGE: KUHF-88.7.

UPDATE (08-25-2005): Additional coverage from the Chronicle.

Posted by Kevin Whited @ 08/24/05 10:58 PM | Houston Miscellany | Technorati | Comments (0)

20 October 2004

Chronicle again mischaracterizes Rosenthal position

It was hardly a shocker that the Chronicle endorsed Harris County DA Chuck Rosenthal's opponent

Rosenthal is one of the Chronicle's "bad guys," almost certainly because he's a tough prosecutor who believes strongly in the death penalty.

What was a shocker, although perhaps it shouldn't be at this point, is that the editorial page continues to characterize Rosenthal's position on the crime lab unfairly:

Rosenthal refuses to stand aside to allow the sort of independent investigation needed to restore faith in the system.

That's a more carefully worded version of the letter that this blog forced the Chronicle to correct just a few days before this endorsement came out. That letter actually contended that Rosenthal opposes an independent review of the crime lab, when in reality the Chronicle's own reporting notes that he supports an independent review.

Further, I followed up with Rosenthal, who explained that he actually had called for a Blue Ribbon Review panel to review the crime lab (which Judge Robert Eckels supported but then-Mayor Lee Brown opposed), and that he later wrote to then-police chief Joe Brashears urging a review of the entire crime lab. He admits that he has refused to recuse himself "unless there was evidence that any of my staff was involved in wrongdoing" and contends he's just doing the job he was elected to do. He has also opposed a "Cleveland plan" style review, contending that it is not appropriate to Houston's circumstance. Those last two points are certainly fair game for honest debate, but to characterize Rosenthal's position as outright opposition to an independent review is not honest.

The Chronicle can certainly endorse whatever candidate it prefers for various offices. However, one would hope for a little more integrity from the editors than continuing to mischaracterize the views of a politican they clearly dislike.

Posted by Kevin Whited @ 10/20/04 10:43 PM | Houston Chronicle | Technorati | Comments (0)

08 January 2006

HPD crime lab back in the news

We've previously noted the deficiencies in the Houston Chronicle's reporting and editorializing on the Bromwich investigation into the HPD crime lab, so it's no surprise that the newspaper's recent coverage of the Fourth Bromwich report (issued Friday) has some problems.

18 September 2007

Carey: Clarence Bradford kicks off DA campaign at the Aquarium

KRIV-26's Isiah Carey reports that the dynamic duo of Lee Brown/Clarence Bradford were back in action tonight!

Fortunately, only one of them -- Clarence Bradford -- is returning to local politics.

As Carey reports, Bradford says there is a crime problem in the community (which must come as news to MayorWhiteChiefHurtt) and he is the man to tackle it.

We hope that in the upcoming campaign, reporters will force Clarence Bradford to address the HPD crime lab problems that developed under his tenure as HPD chief. The public (still) deserves answers about his (mis)management of the crime lab.

BLOGVERSATION: Off the Kuff, Greg's Opinion.

Posted by Kevin Whited @ 09/18/07 09:58 PM | Houston Miscellany | Technorati | Comments (11)

24 January 2005

A disappointing Chron eye

The Chron Eye for the Death Row Killer Guy has gotten off to a very disappointing start in 2005.

The newspaper, which was formulaic in its coverage of death row through the end of 2004, has been willing so far in 2005 to run AP coverage.

Still, today's AP story follows the Chron eye formula pretty well.

There's the attempt to highlight some redeeming quality of the killer:

One of his lawyers, Danalynn Recer, told the Corpus Christi Caller-Times that Kunkle is remorseful for the crime and is "anguished by the effect this is having on his family, particularly his mother."

"He's very concerned about how devastating it's going to be for her," Recer said. "And he's scared."

Then there's the troubled childhood:

Defense lawyers said Kunkle, born in Nuremberg, Germany, where his father was stationed in the military, was raised in a troubled home and left mentally scarred by parents who had been treated for depression.

There's no reference to the HPD crime lab and no cheap shots taken at the Harris County DA, since the original case was tried in Corpus Christi.

Maybe that's the key -- the Chronicle only dispatches its own reporters for the Chron Eye when it's a case that somehow attaches to the HPD crime lab and/or the Harris County DA. Or maybe the Chron just loses track of the executions. Who knows exactly how decisions are made at 801 Texas Avenue?

Mr. Kunkle's departure is scheduled for Tuesday. The execution of George Alarick Jones is scheduled for Thursday (his crime was in Dallas, so we may not get a staff Chron Eye for that one either).

Posted by Kevin Whited @ 01/24/05 10:32 PM | Houston Chronicle | Technorati | Comments (2)

29 June 2007

Mack: Clarence Bradford eyes run for DA post

In a column about Democratic aspirations to sweep Harris County in 2008, the Chronicle's Kristen Mack includes this bit of hilarity:

Former Houston Police Chief C.O. Bradford will take on GOP District Attorney Chuck Rosenthal.

[snip]

The most intriguing matchup will be the DA's race, given the long history between Bradford and Rosenthal.

Bradford, who served as police chief in Mayor Lee Brown's administration, still has some battle scars.

Among them, a last-minute pay raise Brown gave Bradford that increased his pension, the crime lab debacle that began during his tenure, and an indictment on a perjury charge that eventually was dismissed by a trial judge.

Bradford was considering running for sheriff — going from the top cop in the city to the top officer in the county seems a more natural jump — but his strategists advised him that Thomas would be able to capitalize on each of those mishaps.

A matchup against Rosenthal would play like a grudge match, potentially giving Bradford some inoculation.

It will be difficult for Clarence Bradford to inoculate himself against his own record during the Lee Brown reign of error, not to mention the pointed criticism he received in the Bromwich reports on the crime lab fiasco.

Come to think of it, Bradford never really has answered to the public following the criticism from Bromwich. His campaign for DA ought to provide an excellent opportunity for him to answer all sorts of questions about his significant role in the crime lab fiasco.

Posted by Kevin Whited @ 06/29/07 11:18 PM | Houston Miscellany | Technorati | Comments (15)

16 April 2008

DA candidate mockery officially underway

The Houston Press has a nice PDF on the two (unqualified) candidates who are the finalists in the Harris County DA race.

And surprisingly, the Editorial LiveJournalists today said that Clarence Bradford still needs to talk about his role in the botched K-Mart parking lot raid (recently settled by the city) and the HPD Crime Lab:

While Bradford likely will avoid having to testify at trial about the Kmart fiasco, it should and likely will be an issue in his November contest with former Judge Pat Lykos for Harris County district attorney.

As the crime lab scandal also happened on his watch, Bradford must explain what responsibility he bears for these costly blunders and why he didn't prevent them.

The blog declines to make endorsements of candidates, but I have to say that "none of the above" is looking like a really good choice in this race.

Posted by Kevin Whited @ 04/16/08 10:32 PM | Houston Miscellany | Technorati | Comments (0)

17 June 2008

KHOU: DPS ready to audit HPD; Mayor says no; Congressmen critical

Last night, KHOU-11's Mark Greenblatt continued his reporting on HPD's recent difficulties in reporting crimes accurately. To recap the earlier stories:

In the last year, the 11 News Defenders have uncovered crime after crime that Houston police simply never reported, leaving them off annual crime counts.

We found them claiming an amazing “zero” embezzlements; having not one, not two, but four different totals for the amount of DWIs; and leaving at least 16 murders out of reports to the state and federal government — often leaving their investigation and grieving loved ones in limbo.

The problem has drawn the attention of two area members of Congress, Ted Poe and John Culberson, both of whom are interviewed by Greenblatt. Neither is complimentary of the city's handling of this scandal.

Mayor White, who really doesn't like criticism, wants no part of an independent audit (or, seemingly, Greenblatt's questions):

The Texas Department of Public Safety is the FBI’s partner agency watching over Texas’ crime statistics, and they said they’d be glad to do a full audit of HPD’s figures.

The problem?

Houston’s leaders need to ask for one.

It is something Mayor Bill White doesn’t want to do.

11 News: Why not ask DPS to come in and do this audit?

Mayor White: I would prefer to have the internal controls and procedures that we think are sufficient that work and have more DPS people come and help us find criminals.

11 News: Why not put this to bed for good and get the most comprehensive audit that’s being offered, if you ask, by DPS?

White: Well I think some of the things we’ve done internally to check the numbers are very comprehensive, and you think by asking the same question time and time again you’re going to get me to say something different?

Snippy, snippy!

Of course, that strategy of comprehensive internal checks of the crime lab some years ago worked out really well. For a while. Until the city had to spend millions of dollars to hire an independent auditor to tell them everything that was wrong.

Mayor White's bumbling police chief apparently wanted no part of Greenblatt's questions:

The Houston Police Department, via a statement, said that it would welcome an audit of its crime stats from “any authorized outside agency.” Still, Police Chief Harold Hurtt declined an 11 News request for an interview for this story.

Way to reassure the public, Chief! That's some leadership. If he keeps practicing hiding under a table when reporters are asking questions, maybe one day he too can run for District Attorney!

It's good to see Greenblatt continuing to push this important story forward. Citizens need to be able to trust the crime statistics being reported by their local government.

Posted by Kevin Whited @ 06/17/08 10:50 PM | Houston Miscellany | Technorati | Comments (7)

03 February 2007

Former HPD Chief Bradford to run for Harris County Sheriff?

KRIV-26 reporter Isiah Carey reports on his blog that rumors persist that former HPD chief and current Brown Group International advisor Clarence Bradford is planning to run against Tommy Thomas for Harris County Sheriff.

We hope he does. Aside from the Bromwich reports (which have gone largely unread by the broader Houston-area population), there has been little public discussion of the role that the dynamic duo of Lee Brown and Clarence Bradford played in the scandalous mismanagement of HPD's crime lab over the years.

A campaign for Harris County Sheriff ought to provide plenty of opportunities for Bradford to enlighten the public on his role in the matter.

Posted by Kevin Whited @ 02/03/07 02:57 PM | Houston People | Technorati | Comments (3)

25 June 2009

Jury awards wrongly convicted man $5 million

The Chronicle's Roma Khanna reports that a federal jury awarded George Rodriguez $5 million today as a result of his lawsuit against the city for wrongful conviction:

A federal jury today awarded $5 million to a Houston man who spent 17 years in prison in a kidnapping and rape case built on evidence from the troubled Houston Police Department crime lab that DNA testing later discredited.

George Rodriguez, 48, sued the city of Houston seeking compensation for his years of incarceration and lost earnings. His lawyers argued that city officials, namely former Mayor Lee P. Brown who was police chief during Rodriguez’s case, were deliberately indifferent to underfunding, understaffing and a lack of supervision at the crime lab, creating a risk that an innocent person could be convicted.

The Lee Brown era (or should that be error?) seemingly will never come to an end.

Posted by Kevin Whited @ 06/25/09 08:08 PM | Houston Miscellany | Technorati | Comments (0)

05 June 2005

Rick Casey lectures on professional ethics (really!)

Today, Chronicle columnist Rick Casey compares the plight of four journalists caught committing the journalistic sin of making up facts with the three-day suspension of an HPD crime lab worker caught fabricating results.

Casey thinks HPD and the city should have been at least as hard on that lab worker as the various news organizations were to the journalists he names.

Certainly it's hard to disagree with that assessment.

However, compared to Casey's own treatment by his bosses when he was caught appropriating the work of a Washington Post reporter without proper attribution -- Casey was allowed to "clarify" his journalistic sin in a subsequent column, with no other public consequences -- one could argue that the HPD crime lab worker actually received more punishment than Rick Casey for committing professional sins.

So, perhaps Rick Casey isn't the best Chron columnist to be lecturing HPD or the city on handling personnel matters that revolve around professional ethics. Indeed, it's even more laughable considering his latest yellow journalism that the newspaper printed just this past Wednesday. Professional ethics, indeed.

Posted by Kevin Whited @ 06/05/05 07:44 PM | Houston Chronicle | Technorati | Comments (5)

15 June 2008

Clarence Bradford sighting! (cont'd)

Clarence Bradford -- Have you seen this man?

A local reporter was sort of able to ask Harris County DA candidate Clarence Bradford a question this week. Here's Chron reporter Alan Bernstein's account:

DA candidate Clarence Bradford, the former Houston police chief, asserted that "crime is out of control" here. We wondered out loud whether that means former police chiefs did not do their jobs right. Bradford did not answer directly or offer stats to gird his assertion but did say that more and more citizens "distrust components of our criminal justice system" because of said scandals.

We don't imagine he did deign to answer a reporter's question directly! Indeed, the scary thought that he might have to answer tough questions about his role in the crime lab fiasco probably sent him scurrying back under a table.

Posted by Kevin Whited @ 06/15/08 05:41 PM | Houston Miscellany | Technorati | Comments (0)

13 June 2006

Bromwich requests another $1.5 million for crime lab probe

Michael Bromwich, the independent investigator looking into problems with the HPD crime lab, is asking the city for another $1.5 million to complete his investigation, Matt Stiles reports. Mayor White and Councilmember Garcia seem to be resisting:

White said he would have to study the details before deciding whether to recommend the additional funding. He said was concerned about the process costing more than originally estimated.

“We do need to make sure that we look at any case where the evidence behind a conviction may be in doubt,” he said. “I hate to spend any money on anything that we don’t need to.”

[snip]

Councilman Adrian Garcia, a former police officer who chairs the committee, said he wants to see the work completed within the current budget. “I want to find out what needs to happen to resolve this,” he said.

Councilmembers Alvarado and Lovell have endorsed the funding:

Councilwoman Carol Alvarado said she supports paying the extra money. She said the city should pay whatever is necessary to ferret out what she repeatedly called “intentional scientific fraud” by some lab employees.

“I would hope that what was in this last report is helpful in getting council members to support the money,” she said. “This has been very frustrating for me because a long time ago I said, ‘I’m not going to rest until somebody’s head is on a platter.’ And we still have not been able to pinpoint anyone and hold them accountable.”

Councilwoman Sue Lovell agreed.

“We have a moral obligation,” she said. “There needs to be an exhaustive investigation.”

Councilmember Lovell makes a good point. Councilmember Alvarado, on the other hand, seems not to understand that the question of the intent of some of the analysts is what remains to be investigated. Stating that there has been "intentional scientific fraud" simply isn't supported by the investigation's results to date, and is irresponsible.

Houblog makes a very compelling case for the city to spend the money to complete Bromwich's investigation.

Posted by Kevin Whited @ crime lab probe"> 06/13/06 11:01 PM | Houston Miscellany | Technorati | Comments (0)

27 December 2005

Mayor White wants FEMA to help fund HPD

So...MayorWhiteChiefHurtt have come up with a plan to deal with HPD's manpower shortage:

They point out that the hurricane evacuees who came to Houston have increased the city's population making a bigger job for the city's police force.

And because the city's overall population has increased since hurricanes Katrina and Rita, the mayor is optimistic that FEMA will pick up the tab.

Except that Houston's police shortage and related crime problems did not begin when Hurricane Katrina evacuees began rolling into town:

HPD manpower issues begin to affect public parks (9/29/2004)

Hurtt on manpower issues: patrol city desks more vigorously! (10/25/2004)

Maybe White/Hurtt Could Put A Camera On Her house? (12/25/2004)

HPD wants to use unpaid, reserve officers to fill the gaps (3/21/2005)

Another manifestation of HPD's manpower shortage (4/12/2005)

Northside neighborhood losing touch with HPD (KHOU-11, 4/26/2005)

Neighborhood residents complain about MS-13, HPD reaction (4/29/2005)

HPD reallocates resources to deal with MS 13 (5/12/2005)

Tenants on alert after rash of aggravated robberies at complex (KHOU-11, 5/15/2005)

Police Shortage Affects HPD Response Times (KPRC-2, 5/20/2005)

Student asks city to fight murders, shootings, other crime (5/22/2005)