Forensic science is one of the key features of the modern justice system. It’s an essential part of how the justice system determines who is responsible for a crime and what punishments are appropriate. The problem is that while forensic science is often very reliable, it can sometimes make mistakes. These mistakes can be due to forensic misconduct: either a deliberate or accidental misuse of forensic science that leads to false conclusions. These false conclusions can lead to wrongful convictions and innocent people being punished for crimes they didn’t commit. Nationwide, several high-profile cases of forensic misconduct have been exposed as gross miscarriages of justice, and it’s likely that hundreds, if not thousands, more remain undiscovered. In Colorado, we are currently seeing the fallout of one of the largest cases of forensic misconduct in our history.
Experienced Denver criminal defense attorney M. Colin Bresee has seen it happen up close, and he knows that this is an essential possibility to consider when building a case to defend his clients. In our legal system, everyone is entitled to the full protection of due process, and that includes the most vigorous criminal defense possible. M. Colin Bresee has helped clients challenge improper forensic evidence in court. Many of these clients avoid punishments for crimes that the prosecution cannot prove they committed. If you are charged with a crime or think that forensic misconduct might have led to your wrongful conviction, contact the Law Offices of M. Colin Bresee today for a free consultation.
Forensic misconduct is unethical, inept, or unprofessional actions by expert witnesses or forensic scientists that compromise the integrity of forensic evidence. These actions can be simple procedural mistakes, relying on outdated science, bringing unconscious bias into the process, or deliberately manipulating evidence.
Some of the most common types of forensic misconduct include:
- Altering or fabricating physical evidence or test results
- Giving testimony that exaggerates the strength or detail of evidence
- Using flawed, outdated, or discredited forensic methods
- Mishandling, failing to secure, or contaminating crime scene evidence
- Failing to disclose evidence that would support your innocence
Some forensic misconduct occurs in the laboratory. Other types occur with evidence handling at the crime scene. In some cases, forensic misconduct means not establishing a controlled chain of custody–knowing who had access to the evidence at all times. If the chain of custody is incomplete or open, the evidence cannot be trusted. Finally, forensic misconduct can occur in the courtroom, where expert testimony may be misleading. This often means that the experts fail to disclose exculpatory evidence: evidence that casts doubt on the results or points toward your innocence.
Colorado’s Huge Forensic Science Scandal
In September 2023, the Colorado Bureau of Investigation (CBI) began looking into the conduct of one of its forensic scientists: Yvonne “Missy” Woods. The results were shocking. Woods had manipulated or posted incomplete data from many DNA tests over the course of her nearly 30 years working for the Bureau. A review of her work from 2008 to 2023 shows that at least 652 cases have been affected by Woods’ manipulation. Review of her work from 1994 to 2008 is ongoing and could reveal many more such cases. In January, Woods was charged with over 100 criminal counts, including cybercrimes, perjury, and forgery.
In addition, one person has already been exonerated of murder in connection with the manipulations. Michael Clark was convicted of murder in 1994 after DNA evidence from lip balm placed him at the scene. Legal observers expect there to be many more exonerations, dismissals, and retrials.
Although the CBI is pledging to retest DNA evidence in more than 800 cases, some complain that the pace of retesting is too slow.
People who think their case may have been affected by this tampering should contact a lawyer to make sure their case gets retested.
How Forensic Misconduct Leads to Wrongful Convictions
Forensic misconduct can easily cause wrongful convictions. Of all the evidence presented at trial, the veneer of scientific validity often makes forensic evidence seem strongest. Forensic experts and other expert witnesses can play on people’s trust of science to deceive jurors. This is even more effective when jurors are not scientists themselves. It can make jurors believe there is certainty in a case where there is actually reasonable doubt about a person’s guilt.
Common forensic misconduct that can lead to wrongful convictions includes evidence tampering. In order to avoid tampering, there must be an unbroken chain of custody from when law enforcement officers gathered the evidence until it is tested. This shows that the evidence was always controlled in a situation that would make tampering difficult.
Even if the evidence itself wasn’t tampered with, forensic misconduct might report inaccurate or misleading test results.
For example, in the case of Michael Clark, forensic misconduct led the jury to believe that evidence placed him at the scene where the murder occurred. However, Woods had manipulated the test and delivered evidence that was inaccurate, leading to Clark’s conviction.
Wrongful convictions don’t just hurt the accused. Yes, Clark spent 12 years in prison, and his reputation is forever tarnished. But the family of the murdered man is hurt, too. They have to cope with the idea that they don’t know who killed their loved one. In addition, the true murderer might still be at large. They might have claimed other victims in the meantime.
Society also suffers because forensic errors erode public trust in our crucial institutions of justice. The government might have to conduct retrials while delaying other cases on the docket. Sometimes, the government even has to make payouts in expensive civil suits.
Which Types of Forensic Evidence Are Most Often Discredited?
Not all types of forensic evidence are prone to forensic misconduct with the same frequency. According to a Department of Justice (DOJ) study, the types of evidence most prone to errors are:
- Seized drug analysis
- Bitemark analysis
- Shoe or foot impression
- Fire debris investigation
- Pediatric sexual and physical abuse medical analysis
- Blood spatter analysis
- Serology identification
- Firearms identification
- Hair comparison and hair analysis
- Latent fingerprint
- Fiber and trace evidence
- DNA analysis
- Forensic pathology–the cause and manner of death
The frequency of forensic errors in these fields ranges from 39% to 100%! Except for firearms identification, the odds of a forensic analysis error is about 50% or higher for all these types of evidence. DNA evidence, for example, is often seen as being a highly reliable, scientific way to establish anything from a person’s presence at a crime scene to whether the accused might have had sex with the victim. However, the DOJ study shows that 64% of DNA analyses had errors–nearly two-thirds! That’s even more than the notoriously fallible hair analysis (error rate 59%).
Bitemark analysis is probably the worst forensic scientific evidence. Not only does the technique have an overall error rate of 77%, but 73% of bitemark analyses falsely identify an individual or classify their bite in ways that might make them seem guilty.
How a Criminal Defense Attorney Can Help
Just like the jury, a criminal defense attorney can be fooled by forensic evidence. They might think that the evidence against you is stronger than it is, and might not know how to counter it. If the prosecution is bringing forensic evidence against you, you need a criminal defense attorney who understands forensic disciplines and knows how to challenge scientific evidence.
Denver criminal defense attorney M. Colin Bresee has extensive experience defending clients against charges based on flawed or mishandled forensic evidence.
He can identify:
- When evidence can be successfully challenged before being presented in court
- Faulty crime lab practices, and when labs lack accreditation
- Gaps in expert witness credibility, and how to draw them out in cross-examination
- Opportunities for bringing competing experts
- Breakdowns in the chain of custody
- Alternative explanations that match the evidence but cast doubt on your guilt
- Opportunities for new DNA testing or other new evidence
With these and other strategies, M. Colin Bresee has helped his clients avoid penalties for crimes that prosecutors could not prove they committed.
Call Today for a Free Consultation
Forensic misconduct is a serious and unfortunately common failing of the criminal justice system. When forensic scientists make a mistake or, worse, deliberately falsify or misrepresent evidence, it can lead to wrongful convictions. These wrongful convictions can force people to serve years, even decades, in prison. Some people have been executed after being wrongfully convicted due in part to forensic misconduct.
Providing you with a vigorous defense against inaccurate forensic science doesn’t just help you and your family; it is good for the victim’s family and benefits society as a whole.
If you’re facing criminal charges in Colorado and believe that the prosecutors are building a criminal case based on bad science, call M. Colin Bresee for a free consultation. He offers experienced, aggressive criminal defense and understands how to exploit weak forensic evidence to protect you in court.
Disclaimer: Past results do not predict future performance. Neither this page nor any other on the website constitutes legal advice and does not establish a client-attorney relationship.
