Post by sclcookie on Jun 2, 2006 0:33:43 GMT -5
Deal lets city subpoena 3 lab workers----Legislator and investigator agree
on a plan to force them to testify
3 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 3
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. Work by Bolding and Kim
has been repeatedly mentioned in cases found to be suspect by Bromwich's
team.
"Was it just incompetence and sloppiness by the analysts, or was there
some outside pressure getting them to come up with certain results?"
Bailey asked. "They've not been willing to answer questions, and so this
appears to be the only way to get them (to)."
Attempts to contact the three former lab employees for comment were
unsuccessful Tuesday.
According to Bailey's reading of the Texas Government Code, no one who
testifies before his committee can be prosecuted based on that testimony.
Therefore, in his opinion, none of the witnesses should fear cooperating.
"But if they still fail to testify, we'll find them in contempt and
attempt to have them prosecuted," the committee chairman said.
Subpoena powers
The subpoenas for Krueger, Bolding and Kim will order them to appear
before the committee in closed hearings scheduled June 12-14 at Houston
City Hall. Bailey said one day has been set aside for the questioning of
each witness. The witnesses are expected to appear before the committee,
but Bailey said Bromwich would lead the questioning.
The idea of the committee basically lending its subpoena power to Bromwich
was first floated by Bailey earlier this year. But the chairman's
suggestion ran into opposition from Rep. Harold Dutton D-Houston, who is
also on the committee. However, when contacted Tuesday, Dutton said he no
longer has reservations about the rarely used committee tactic.
"There is some precedent for, in a closed hearing, allowing questions to
come from parties that have been dictated by the committee and committee
chair," Dutton said.
Team's qualifications
Dutton also said that Bromwich's forensic team is obviously better
qualified to question the former lab workers than members of the
committee.
Bromwich was hired by the city to investigate the crime lab in 2005. The
lab's DNA division was closed in December 2002 because of problems with
practices and personnel. Since then, errors also have been exposed in the
lab divisions that test firearms, body fluids and controlled substances.
2 men have been released from prison because of faulty lab work.
Thus far, Bromwich's investigators have identified 93 cases involving DNA
or serology analysis with "major issues" that raise doubts about the
reliability of work and the accuracy of analysts' conclusions.
"(The Legislature) has got to figure out if these labs should be
independent and separate from police departments, or can they operate
fairly when they are under police department control," Bailey said.
(source: Houston Chronicle)
on a plan to force them to testify
3 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 3
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. Work by Bolding and Kim
has been repeatedly mentioned in cases found to be suspect by Bromwich's
team.
"Was it just incompetence and sloppiness by the analysts, or was there
some outside pressure getting them to come up with certain results?"
Bailey asked. "They've not been willing to answer questions, and so this
appears to be the only way to get them (to)."
Attempts to contact the three former lab employees for comment were
unsuccessful Tuesday.
According to Bailey's reading of the Texas Government Code, no one who
testifies before his committee can be prosecuted based on that testimony.
Therefore, in his opinion, none of the witnesses should fear cooperating.
"But if they still fail to testify, we'll find them in contempt and
attempt to have them prosecuted," the committee chairman said.
Subpoena powers
The subpoenas for Krueger, Bolding and Kim will order them to appear
before the committee in closed hearings scheduled June 12-14 at Houston
City Hall. Bailey said one day has been set aside for the questioning of
each witness. The witnesses are expected to appear before the committee,
but Bailey said Bromwich would lead the questioning.
The idea of the committee basically lending its subpoena power to Bromwich
was first floated by Bailey earlier this year. But the chairman's
suggestion ran into opposition from Rep. Harold Dutton D-Houston, who is
also on the committee. However, when contacted Tuesday, Dutton said he no
longer has reservations about the rarely used committee tactic.
"There is some precedent for, in a closed hearing, allowing questions to
come from parties that have been dictated by the committee and committee
chair," Dutton said.
Team's qualifications
Dutton also said that Bromwich's forensic team is obviously better
qualified to question the former lab workers than members of the
committee.
Bromwich was hired by the city to investigate the crime lab in 2005. The
lab's DNA division was closed in December 2002 because of problems with
practices and personnel. Since then, errors also have been exposed in the
lab divisions that test firearms, body fluids and controlled substances.
2 men have been released from prison because of faulty lab work.
Thus far, Bromwich's investigators have identified 93 cases involving DNA
or serology analysis with "major issues" that raise doubts about the
reliability of work and the accuracy of analysts' conclusions.
"(The Legislature) has got to figure out if these labs should be
independent and separate from police departments, or can they operate
fairly when they are under police department control," Bailey said.
(source: Houston Chronicle)