theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

News

Review finds flawed NC cases, including executions

by theGrio | August 18, 2010 at 2:12 PM
Comments
Print
michael-jordan-and-dad.jpg

Related Posts

  • Racial Justice Act for bias claims in death penalty charges repealed in NC
  • Arizona on pace to match busiest year for executions
  • 5 death row cases that should keep Perry up at night
  • Three arrested as NC school board reverses busing plan
  • The-Dream defends Gwenyth Paltrow's n-word tweet, claims he sent it

RALEIGH, N.C. (AP) — Analysts at North Carolina’s crime lab omitted, overstated or falsely reported blood evidence in dozens of cases, including three that ended in executions and another where two men were convicted of killing Michael Jordan’s father, according to a scathing independent review released Wednesday.

The government-ordered inquest by two former FBI officials found that agents of the State Bureau of Investigation repeatedly aided prosecutors in obtaining convictions over a 16-year period, mostly by misrepresenting blood evidence and keeping critical notes from defense attorneys. The Associated Press obtained the review of blood evidence in cases from 1987 to 2003 in advance of the report’s release.

It calls for a thorough examination of 190 criminal cases, stating that, at times, “information that may have been material and even favorable to the defense of an accused defendant was withheld or misrepresented.”

The report does not conclude that any innocent people were convicted, noting the evidence wasn’t always used at trials and defendants may have admitted to crimes. But it states prosecutors and defense lawyers need to check whether tainted lab reports helped lead to confessions or pleas.

Attorney General Roy Cooper ordered the review in March after an SBI agent testified the crime lab once had a policy of excluding complete blood test results from reports offered to defense lawyers before trials. The existence of the policy was later confirmed by a former SBI director. Agent Duane Deaver’s testimony led to the exoneration of a murder convict imprisoned nearly 17 years.

Cooper said Wednesday that he will send the cases cited in the report back to the counties where they were tried for review.

The review by Chris Swecker and Mike Wolf, two former assistant directors of the Federal Bureau of Investigation, found 230 cases in which eight SBI analysts filed reports that, at best, were incomplete. Of those, 190 resulted in criminal charges and should be reviewed.

The report says the lab may have violated federal and state laws mandating that evidence favorable to defendants be shared with their lawyers. It also bolsters a long-held skepticism by defense attorneys, who have alleged the ostensibly neutral lab is in the pocket of law enforcement.

Besides the executions, the report urged a closer look at the cases of four people on death row and one whose death sentence was commuted to life.

The cases also include the 1993 murder of James Jordan, father of the NBA star, who was sleeping in his car along a highway when he was killed. Two men were sentenced to life in prison. The review states an SBI analyst reported that an examination of the scene indicated the presence of blood, but didn’t say that four subsequent tests were inconclusive.

The problems detailed in the report follow similar story lines: Lab results that contradict preliminary tests indicating blood at a scene were routinely kept from defense lawyers. Those secondary results were in analysts’ handwritten notes, but not in evidence presented at court.

The report blames the flaws on “poorly crafted policy, inattention to reporting methods which permitted too much analyst subjectivity; and ineffective management and oversight.”

The review recommends looking at cases that were overstated or falsely reported to determine whether mistakes were deliberate, negligent or the results of typographical errors or confusion over reporting policy.

The lab’s operations have changed substantially since 2003, when it began using more modern blood testing. Prosecutors also now have online access to all lab files, and can make them available to defense attorneys.

Deaver is linked to the five cases the report characterizes as the most egregious violations, and it accuses him of overstating or falsely reporting blood test results, including one in the case against Desmond Keith Carter, who was executed in 2002. In two of the cases, including Carter’s, Deaver’s final report on blood analyses said his tests “revealed the presence of blood” when his notes indicated negative results from follow-up tests. His notes indicate that he got a negative result because he didn’t have enough sample left for the confirmatory test.

In three other cases, the review said Deaver’s reports stated further tests were “inconclusive” or “no result” while his lab notes reflected negative results.

The Attorney General’s Office said Carter confessed to the crime, and the evidence in question wasn’t introduced at trial, the report said.

Deaver still works for the SBI, although no longer in the crime lab.

Swecker and Wolf said they couldn’t determine how Deaver’s mistakes happened, and they leave open the possibility that he didn’t purposely misreport results.

Attorney David Rudolf, who has represented clients who have sued the SBI, said new trials should be given in all cases in which Deaver’s testimony played a significant role.

“Justice is the cornerstone of our society, and it can’t be done on the cheap,” he said in an e-mail.

Among the report’s recommendations are: automation of historical lab files; posting of lab policies and other rules on a public website; and the appointment of an ombudsman to review lab issues or mistakes.

In addition to the Deaver cases, the review found 35 cases where a report states there were indications of blood and that no further testing was done. But handwritten lab notes reflect confirmatory tests got negative or inconclusive results.

In a third category, the review found 105 cases in which reports omitted negative or inconclusive results, instead saying there were chemical indications for the presence of blood.

The review found 85 cases in the least serious category, which involved reports that didn’t mention negative or inconclusive confirmatory tests but did ultimately state that the presence of blood wasn’t conclusive. In 80 of the cases, just one agent used the language.

Copyright 2010 The Associated Press.

  • haitian-boys.jpg
    Next Story:

    Colo. man pleads guilty in Haiti child sex abuse case

  • michael_murray.jpg
    Previous Story:

    Wheelchair-bound man fatally wounded in gun fight

Filed in: News, Top Stories | Related Topics: Executions, James Jordan, Justice, Michael Jordan, Murder, North Carolina
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Bill would honor Buffalo Soldiers’ role in parks Bill would honor Buffalo Soldiers’ role in parks
    • Allen West: Women in combat are threat to ‘American warrior culture’ Allen West: Women in combat are threat to ‘American warrior culture’
    • Miami Heat’s NBA Finals fashion Miami Heat’s NBA Finals fashion
    • Drug testing for food stamps? Drug testing for food stamps?
    • White House fight for gun control is far from over
    • Jury can’t reach verdict in Aiyana Jones shooting case
    • House takes up far-reaching anti-abortion bill
    • Surfer shot at during Dorner hunt files lawsuit
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • President Barack Obama is greeted by Britain's Prime Minister David Cameron (L) at the official arrival of the G8 leaders at the G8 venue of Lough Erne on June 17, 2013 in Enniskillen, Northern Ireland. The two day G8 summit, hosted by UK Prime Minister David Cameron, is being held in Northern Ireland for the first time. Leaders from the G8 nations have gathered to discuss numerous topics with the situation in Syria expected to dominate the talks. (Photo by Matt Cardy/Getty Images)

    Polls: Obama ratings start to slip

  • Obama on Father's Day reflects on his absent dad

  • Obama honors first time WNBA champ Indiana Fever

  • President Obama: Dad 'is the best job'

» Read More in Politics

Business

  • Jay-Z (YouTube)

    Jay-Z announces new album

  • Dunkin' Donuts: Workers who endured racist rant will be 'honored'

  • Greene Scholars seeks to place black youth in STEM jobs

  • 29-year-old hedge fund boss preying on African-Americans arrested

» Read More in Business

Living

  • A black girl doing her hair

    Daughter inspires mom's natural hair care company

  • ‘From Fatherless to Fatherhood’

  • My father called: Gays, marriage and the evolving black perspective

  • 'I Am a Father' author sticks up for devoted dads

» Read More in Living

Inspiration

  • Singer Adele arrives at the Oscars at Hollywood & Highland Center on February 24, 2013 in Hollywood, California. (Photo by Jason Merritt/Getty Images)

    Adele honored by Queen Elizabeth II

  • Man finds father through Facebook

  • South Africa's interracial couples

  • Mandela grandson feels 'pressure' of legacy

» Read More in Inspiration

Entertainment

  • Beyonce Knowles attends the Costume Institute Gala for the 'PUNK: Chaos to Couture' exhibition at the Metropolitan Museum of Art on May 6, 2013 in New York City. (Photo by Dimitrios Kambouris/Getty Images)

    Beyoncé, video game company settle lawsuit

  • New film explores 'How to Make Money Selling Drugs’

  • 'Sesame Street' on parents in prison

  • Miguel may face 'leg drop' lawsuit

» Read More in Entertainment

News

  • In this Aug. 12, 2012 file photo, Chad Johnson, center, leaves Broward County Jail in Fort Lauderdale, Fla. A contrite Johnson apologized Monday, June 17, 2013, for disrespecting a judge when the former NFL star slapped his attorney on the backside in court a week earlier, and his immediate release from jail was ordered. (Photo by Jeff Daly/Invision/AP, File)

    Chad Johnson released from jail after butt-slap

  • Supreme Court to hear NJ housing discrimination case

  • Danny Green steals LeBron's thunder

  • Mandela's wife thanks world for 'love, generosity'

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP