May 7 VIRGINIA: Virginia Governor Orders Review of 150 DNA Cases by Crime Lab A sharply critical independent audit found Friday that Virginia's nationally recognized central crime laboratory had botched DNA tests in a leading capital murder case. The findings prompted Gov. Mark Warner to order a review of the lab's handling of testing in 150 other cases as well. Among the auditors' eight recommendations, all of which were accepted by Mr. Warner, were that the governor restrict the work of the lab's chief DNA scientist, Jeffrey Ban; review 40 cases that Mr. Ban has handled in recent years, along with a sample totaling 110 additional cases; and develop procedures to insulate the lab from any outside political pressures. Experts said the findings could lead to a re-examination of scores of past prosecutions, including those involving some of the nearly 2 dozen inmates on Virginia's death row, and might also throw into turmoil many current prosecutions in which the lab's work helped identify or rule out suspects. "You have to have doubts about the reliability of any case coming out of there," said Betty Layne DesPortes, a criminal defense lawyer from Richmond who heads a legal panel for the American Academy of Forensic Science. "How can we be sure that this case wasn't typical?" she said of the handling of evidence in the prosecution of Earl Washington Jr. The governor called for the independent audit of the lab last fall in response to the case of Mr. Washington, a retarded man who came within days of execution for a rape and killing before DNA evidence, though not resolving the case, did raise doubts about his guilt. The audit's findings come at a time when DNA is growing in importance in implicating and exonerating suspects. Forensic labs in several states, including Oklahoma and Texas, have come under intense scrutiny for their mishandling of that and other evidence. The outside auditors, from the American Society of Crime Laboratory Directors, found that the Virginia lab's internal review process was flawed. They also raised concerns that lab workers had felt pressured by their superiors as well as the office of Jim Gilmore, who was governor when a flawed test of newly discovered DNA was conducted in 2000, to produce quick and conclusive reports in the Washington case, even when the evidence was muddled. "Pressures from outside the laboratory and excessive managerial influence from within the laboratory," the report said, "had a detrimental effect on the analyst's decisions, examinations and reports in this case." In an interview, Mr. Gilmore, a death penalty supporter now in private law practice, said that while he had "demanded all the proper evidence we could get," he had never asked the lab to reach any particular conclusion. Virginia has executed more people, 94, than any other state except Texas since the Supreme Court allowed reinstatement of the death penalty 29 years ago. Mr. Washington was initially sentenced to death for the 1982 rape and fatal stabbing of Rebecca Williams, a 19-year-old mother from Culpepper, Va., but the sentence was commuted by Gov. Douglas Wilder in 1994. He was then pardoned by Mr. Gilmore in 2000 because of DNA evidence that raised doubts about his guilt. But because of mistakes in the DNA tests by the crime lab in 1993, his lawyers assert, he stayed on death row seven years longer than necessary. And additional botched testing in 2000, they say, is the reason he has never been fully exonerated. "This laboratory touts itself as the best state lab in the country, yet it generated these wrong test results in a capital case twice," said Peter Neufeld, a lawyer for Mr. Washington who is co-director of the Innocence Project. "This case raises very serious questions about the legitimacy of the capital justice system." Mr. Washington, 45, is living in a home for the mentally retarded on Virginia's Eastern Shore. When he was told Friday afternoon about the audit's findings, he said he hoped he would now be officially declared innocent in the Williams murder, Mr. Neufeld said. Mr. Ban, a nationally recognized forensic scientist who has helped other states develop DNA policies, trained many members of the Virginia lab's staff. As a result, the auditors recommended that independent experts review tests by other analysts there involving low levels of DNA - the type of evidence used in the Williams case - to ensure that similar problems were not rampant at the lab. The audit found an array of problems in the way Mr. Ban had conducted and analyzed DNA tests in the Williams case. Those mistakes caused him to conclude incorrectly that a convicted serial rapist named Kenneth Tinsley was not the source of semen found in Ms. Williams, even though he had been found to be the source of DNA on a blanket at the crime scene. But a test commissioned by Mr. Washington's lawyers in 2004 pointed to Mr. Tinsley as the likely sole source of the DNA found in Ms. Williams. Had the state lab come to the same conclusion, Mr. Washington's lawyers claim, Mr. Tinsley would have been prosecuted for the Williams murder years ago. He never has been, though Mr. Neufeld said he was now imprisoned in an unrelated rape case. The Virginia legislature enacted a law this year that makes the Division of Forensic Science, which runs the central crime lab, an independent state agency and creates an advisory board, made up in part by division employees, to help oversee its work. But Mr. Neufeld said the legislation did not go far enough because it did not create an entirely independent office to review the lab's work. "The audit provides compelling evidence that crime labs can't police themselves," Mr. Neufeld said. Paul B. Ferrara, the director of the Division of Forensic Science, who in the past refused to acknowledge any errors in the Washington case, declined to be interviewed. But in a statement, he said the audit "belies the major body of other work" by Mr. Ban that helped lead to Mr. Washington's pardon. Ms. DesPortes, of the forensic science academy, criticized Mr. Ferrara for what she described as his failure to shield Mr. Ban from "typical" political pressure on crime labs. She said his response to the audit suggested that he would not vigorously carry out its recommendations. "He seems to think a perfect lab is one where errors never occur," she said. "But errors are going to occur. A perfect system is one that is able to catch its mistakes, and correct them." (source: The New York Times) ******************** Crime Lab Erred in Death Row Case The state crime lab made several errors when retesting evidence in the case of a former death row inmate wrongfully convicted of a 1982 rape and murder, according to an independent audit released Friday. Although retesting of the evidence in 2000 led to the pardon of Earl Washington Jr., the lab's leading DNA analyst made several mistakes, including prematurely excluding suspects when he should have ruled the DNA sample inconclusive, the audit concluded. Jeffrey Ban has been temporarily suspended from certain cases involving "low level" DNA samples, where the evidence contains amounts of DNA at or below normal detection limits. No one at the lab would comment on the audit, according to a secretary who answered the phone. A telephone message left at Ban's home was not immediately returned Friday. Washington spent more than 9 years on death row and came within nine days of being executed. He was pardoned by then-Gov. Jim Gilmore in 2000, 17 years after he was imprisoned for the killing of 19-year-old Rebecca Williams of Culpeper. DNA testing in 1993 cast doubt on Washington's guilt but did not absolutely eliminate him as a suspect. As a result, then-Gov. L. Douglas Wilder commuted Washington's sentence to life in prison. The audit pointed out errors Ban made during the 1993 retesting. "If he had correctly reported the 1993 DNA results, Earl Washington would have been exonerated seven years before he actually was released," said Debi Cornwall, one of Washington's attorneys. "He's had seven years in prison because of (Ban's) mistakes." In 2000, the crime lab used more sophisticated DNA tests on the evidence. The results excluded Washington, and Gilmore granted him an absolute pardon. Ban then concluded that DNA appearing on a vaginal swab came from an unknown male. But the audit found the results of those tests should have been "reported as inconclusive, rather than attempting to make an interpretation from poor quality information." In 2004, a California scientist concluded that semen found on the victim's body was left by a serial rapist, Kenneth Tinsley. He is serving life in prison for a 1984 rape and has not been charged in the Williams slaying. The audit, requested by Gov. Mark R. Warner, places some of the blame for the errors on pressure from Gilmore's office to definitively answer whether Washington was the killer. In a statement, Virginia Division of Forensic Science Director Paul Ferrara agreed that Ban should have declared the sample inconclusive but also said the audit's focus was narrow. "The audit report criticizes the work performed on one sub-sample five years ago based upon current technologies and standards," Ferrara said. "It also belies the major body of other work" performed by Ban, who successfully eliminated Washington and identified a new suspect, Tinsley, using evidence from the crime scene. (source: Newsday) MISSISSIPPI: Miss. high court to hear death row inmate's appeal The Mississippi Supreme Court is scheduled to hear on Tuesday the appeal of death row inmate Charles Wayne Ross, who was convicted in the killing of a Dumas community man in 1996. Ross, a former construction worker, was convicted of capital murder and robbery in 1997. A Tippah County jury returned the death sentence. Hershel Ray Yancey, 52, was shot four times as he sat on the couch in his home on June 28, 1996. His body was discovered the next morning by his mother. Ross claimed he was at a Union County residence where his half-sister lived at the time of the shooting. However, his testimony conflicted with that of his half-sister Margaret Jones, the prosecution's key witness, who claimed Ross admitted to the crime. Jones testified her brother confessed to killing Yancey and stealing the victim's TV, VCR and a wallet containing $5. Ross had expected to take away much more that night, she said, since he knew that Yancey had gotten paid, according to the court record. The victim's uncashed payroll check was recovered at the murder scene, prosecutors said. Also, the Supreme Court will hear arguments June 7 from residents opposed to the city of Pearl's annexation of 2.2 square miles near the Jackson International Airport. A special chancellor approved the annexation in 2002. The annexation took in about 900 residents. (source: Associated Press) ARIZONA: Anderson to remain on death row The Arizona Supreme Court upheld Mohave County murderer Frank Anderson's conviction and death sentence Wednesday. Anderson, 57, along with Kimberly Lane and Bobby Poyson, murdered a Golden Valley family in 1996. The state Supreme Court overturned Anderson's original 1998 conviction in 2001 because of the judge's error on the written questionnaire to jurors. In 2002, Anderson was the first defendant in the state to be sentenced under a new state law requiring juries instead of judges to sentence a defendant to death. The law was enacted after the U.S. Supreme Court ruled it unconstitutional for judges to impose the death penalty in capital cases. In the second trial, a Mohave County jury again convicted then sentenced Anderson to death for three counts of first-degree murder. Anderson was also sentenced to life in prison without parole for 25 years for conspiracy to commit murder and 12.5 years in prison for armed robbery. The Supreme Court upheld the first-degree murder and conspiracy to commit murder convictions and sentences but not the armed robbery sentence. Anderson argued the court erred in its instruction to the jury on multiple murders as an aggravating factor. Anderson also argued that the court erred by dismissing two prospective jurors in the aggravating/mitigating phase of the sentencing. The Supreme Court dismissed Anderson's arguments. The Supreme Court upheld Anderson's life sentence for the conspiracy to commit murder charge ruling that Superior Court Judge James Chavez did not find aggravating factors in that charge anyway. The court will decide in a future opinion whether Chavez erred in Anderson's 12.5 year sentence for armed robbery. That sentence required at least two aggravating factors. Anderson claimed in his appeal that he feared Poyson and was pressured by Poyson to kill the victims. Anderson, Lane and Poyson murdered 15-year-old Robert Delahunt, Leta Kagen and Roland Wear at Kagen's Golden Valley home in August 1996. The 3 stole Wear's pickup truck and fled east. Anderson was arrested in the stolen pickup truck in Southern Illinois. Lane and Poyson were arrested near Chicago. Poyson was convicted and sentenced to death in 1999. Lane was also convicted in her first trial but her conviction was overturned. Prior to her 2nd trial, Lane pleaded guilty to lesser charges and has since been released from prison. (source: Mohave Daily News) RHODE ISLAND: Lawmaker proposes death-penalty study A local representative has proposed creating a legislative commission to study whether the state should institute the death penalty for heinous crimes. Rep. Raymond E. Gallison Jr., D-Bristol, who also represents part of Portsmouth, said Thursday that recent cases, including the recent shooting death of Providence police Detective James Allen, prompted him to introduce the legislation. "In certain circumstances, I support the death penalty," Gallison said. "Someone that takes another person's life intentionally and is proven guilty, they're not innocent and they shouldn't be living." Rhode Island is one of 12 states, along with the District of Columbia, that does not have a death penalty provision. The last execution in Rhode Island was in 1845 and that man was later found to be innocent of the crime for which he was convicted. In 1972, the U.S. Supreme Court struck down the death penalty as unconstitutional. The court reversed itself in 1976. As sponsor of the legislation, Gallison likely would be named chairman of the commission. He said he wanted to study all aspects of capital punishment and determine what criteria would be needed to issue the death penalty. According to the American Civil Liberties Union Web site, 119 death row inmates have been released in the past 30 years after being found innocent. But Gallison said there are some crimes in which there is no doubt the accused is guilty and should suffer the ultimate penalty. "The commission needs to determine how it would be applied," Gallison said. "Rather than just coming in with a bill saying 'Let's have a death penalty,' let's look at the subject." Because it is a resolution, Gallison asked that it be put directly on the House calendar without a committee hearing on the issue. House spokesman Larry Berman said the resolution is scheduled to be debated on the House floor on Wednesday. (source: Newport Daily News) FLORIDA: State Will Seek Death Penalty In Girl's Slaying If a jury convicts David Lee Onstott in the death of 13-year-old Sarah Michelle Lunde, the state will seek his execution, Hillsborough County State Attorney Mark Ober said Friday. The announcement at Onstott's arraignment prompted Judge E. Lamar Battles to have the case reassigned to another judge. Battles said he was assigned to the criminal bench last month. Judicial rules state that judges must sit on the felony court bench for at least 6 months and must complete a death penalty certification course before presiding over cases where execution is possible. Battles has spent his 3 years as a judge in juvenile and civil court. He is scheduled to take the death penalty certification course this month. Onstott's case was reassigned, at random, to Judge Ronald Ficarrotta. Ficarrotta was appointed to the county court bench in 1994 and has been a circuit court judge since 1999. He began presiding over felony criminal cases in 2001. Onstott, 36, is represented by assistant public defenders Deborah Goins and Samantha Ward. Goins has represented defendants in 14 death penalty trials since 1989. Only one of those clients has been sentenced to death. In other death penalty cases, Goins' clients have entered plea agreements, thus avoiding the death penalty. Onstott did not appear in court Friday, but his attorneys entered a written not-guilty plea on his behalf. On April 14, Sarah's partially clothed body was found in a secluded fish pond about a half-mile south of her Ruskin mobile home. Sheriff's deputies have said that Onstott, a registered sex offender after a 1995 rape conviction, told them he put Sarah in a chokehold until she died. Sarah's brother, Andrew Lunde, 17, said he last saw her early April 10 before he went out. He returned at 4 a.m. and found the front door of the family's mobile home open and Sarah gone. He said that he assumed she had gone to a friend's house. He told investigators that he awoke an hour later when Onstott knocked on the door. Onstott asked about Sarah's mother, with whom he had an on-again, off-again relationship, and was told that she was not there. Onstott grabbed a half-empty bottle of beer, then left, investigators said. Sarah's mother returned from an out-of-town trip that evening. She told investigators she also assumed Sarah was with a friend. After Sarah did not show up at Beth Shields Middle School on April 11, her mother reported her missing. Onstott also is charged with attempted sexual battery. Officials with the Hillsborough County Sheriff's Office, the state attorney's office and the medical examiner's office declined to explain what evidence led to the attempted sex crime charge. Kelly May, Sarah's mother, and Rebekah Lunde, Sarah's sister, attended Friday's arraignment. Afterward, they spoke publicly for the first time. May is pleased the state Legislature passed a bill strengthening the law for sexual offenders, she said, but more legal help is needed. She said that convicted murderers should not spend years on death row. "It's not really an express lane," she said. "They should speed things up." Rebekah Lunde, wearing a T-shirt imprinted with her sister's face, wanted to thank the community for its support. "It's been a hard time," she said. "But with everybody behind us, it's been a little easier." (source: Tampa Tribune)
