Post by KC on Jun 14, 2006 22:10:01 GMT -5
June 14, 2006 - The Colorado attorney general, responding to deepening concerns among Colorado Springs leaders about the improper destruction of evidence in hundreds of criminal cases, will begin his own investigation Monday.
At least two representatives of John Suthers' office are scheduled to visit the city to begin examining the city Police Department's recently released internal review, which largely laid blame at the feet of an evidence room supervisor. City leaders sought the outside probe after publicly criticizing that audit, released two weeks ago, as too superficial and falling short of exposing weaknesses at higher levels of the police agency. Some council members also are concerned that a veteran homicide detective has been demoted after voicing concerns to them about the audit.
Meanwhile, missing evidence in two dozen major crime convictions wending their way through Colorado appellate courts has El Paso County prosecutors alarmed that some criminals could go free if cases are sent back for new trials.
In a memo to Colorado Springs police authorities, District Attorney John Newsome ranked 25 cases on appeal as his "biggest concerns" emanating from the evidence-destruction debacle. He detailed possible pitfalls, including several lost DNA samples central to convictions.
"The potential impact on victims and the serious nature of these cases are a really explosive combination," Newsome told The Denver Post on Friday.
Appellate reversals aren't common, but Newsome and his staff are chilled by the prospect that improperly discarded evidence could be used as a basis for appeals or - in a more likely scenario - cripple prosecution attempts if any new trials are ordered as a result of other trial errors.
Among the cases causing worry:
Lost 911 tapes in the case against Cesar Deanda, convicted of killing 18-month-old Donavin Bader in 1995. The discarded tapes could prove pivotal in a pending appeal related to his counsel's effectiveness, according to the DA's memo.
Forty-five discarded pieces tossed in the 2003 case against Julian Garcia, convicted of kidnapping and sexually assaulting a 19-year-old Colorado Springs woman. Appeals are pending.
"If reversed, a significant impact" on a retrial is expected, according to Newsome's memo.
Twenty-two of 24 pieces destroyed in the conviction of Adolph Sherrod for attempted murder in 1999. Though the missing evidence could pose serious problems in a new trial, the DA still pledges to pursue prosecution if it comes to that. Sherrod is in the process of appealing his conviction.
The losses, including a previously reported missing gun linked to two homicide cases, continue to fuel concerns of prosecutors about the improper destruction of evidence in more than 500 cases by Colorado Springs police. City officials have termed the destruction, believed to be the accidental result of pressures to relieve a lack of space, as a "colossal" law enforcement breakdown.
And the number of affected cases is expected to grow as thousands of additional ones not previously disclosed by police have come under review at the request of Newsome.
At least three felony cases - two forgeries and a drug case - so far have been dismissed or thrown out of court as a result of missing evidence, while several other cases are believed to be facing postponements or hang in a legal twilight state. More than a dozen homicides or suspected killings have incurred losses.
There also have been frequent scares, Newsome said. As staff members pore over case files to measure impacts, they have discovered discarded evidence in some of the city's most notorious cases, including some handled by Newsome himself.
One involves the so-called "Memorial Hospital rapist," David Lee Johnson, serving a 55-year sentence for the 1998 rape of a nurse in the facility's parking lot. While a cigarette containing his DNA was destroyed, the forensic traces had been separated from the butt, so the impact shouldn't be major, Newsome said.
"When his name showed up on the list, I can tell you there was a lot of concern," Newsome said. "Just one item was improperly disposed in the grand scheme and will not have a major effect. But it points to the dangers of the disposal that took place."
Other cases pose problems, however. It is possible that some defendants will try to wage an ineffective counsel argument on appeal if their lawyers did not seek to verify that evidence within a case was present, said Lisa Kirkman, chief deputy DA.
In the memo to police, the DA's office expressed concern that the Deanda case could pose ineffective counsel issues. He is accused of fatally abusing the child of a girlfriend then giving five different accounts of what led to the injuries. The young Bader is believed to have died from shaken baby syndrome.
The fact that a huge portion of the evidence in the Garcia case was tossed makes it particularly troubling to prosecutors, Kirkman said.
Among the lost pieces: victim's clothing, recordings of the suspect, victim photos and biological samples from both.
"It would be tough" to prosecute if the verdict were overturned, Kirkman said. "Plus, there are issues in locating the victim."
Attorneys in the Garcia case and others could not be reached for comment.
Meanwhile, a veteran police officer with the major-crimes unit was reassigned last week, only days after the release of an internal review of procedural lapses that led to the purge.
According to City Council member Jerry Heimlicher, the detective was demoted almost immediately after he criticized the Police Department's internal audit in personal conversations with Heimlicher and other council members.
At least two representatives of John Suthers' office are scheduled to visit the city to begin examining the city Police Department's recently released internal review, which largely laid blame at the feet of an evidence room supervisor. City leaders sought the outside probe after publicly criticizing that audit, released two weeks ago, as too superficial and falling short of exposing weaknesses at higher levels of the police agency. Some council members also are concerned that a veteran homicide detective has been demoted after voicing concerns to them about the audit.
Meanwhile, missing evidence in two dozen major crime convictions wending their way through Colorado appellate courts has El Paso County prosecutors alarmed that some criminals could go free if cases are sent back for new trials.
In a memo to Colorado Springs police authorities, District Attorney John Newsome ranked 25 cases on appeal as his "biggest concerns" emanating from the evidence-destruction debacle. He detailed possible pitfalls, including several lost DNA samples central to convictions.
"The potential impact on victims and the serious nature of these cases are a really explosive combination," Newsome told The Denver Post on Friday.
Appellate reversals aren't common, but Newsome and his staff are chilled by the prospect that improperly discarded evidence could be used as a basis for appeals or - in a more likely scenario - cripple prosecution attempts if any new trials are ordered as a result of other trial errors.
Among the cases causing worry:
Lost 911 tapes in the case against Cesar Deanda, convicted of killing 18-month-old Donavin Bader in 1995. The discarded tapes could prove pivotal in a pending appeal related to his counsel's effectiveness, according to the DA's memo.
Forty-five discarded pieces tossed in the 2003 case against Julian Garcia, convicted of kidnapping and sexually assaulting a 19-year-old Colorado Springs woman. Appeals are pending.
"If reversed, a significant impact" on a retrial is expected, according to Newsome's memo.
Twenty-two of 24 pieces destroyed in the conviction of Adolph Sherrod for attempted murder in 1999. Though the missing evidence could pose serious problems in a new trial, the DA still pledges to pursue prosecution if it comes to that. Sherrod is in the process of appealing his conviction.
The losses, including a previously reported missing gun linked to two homicide cases, continue to fuel concerns of prosecutors about the improper destruction of evidence in more than 500 cases by Colorado Springs police. City officials have termed the destruction, believed to be the accidental result of pressures to relieve a lack of space, as a "colossal" law enforcement breakdown.
And the number of affected cases is expected to grow as thousands of additional ones not previously disclosed by police have come under review at the request of Newsome.
At least three felony cases - two forgeries and a drug case - so far have been dismissed or thrown out of court as a result of missing evidence, while several other cases are believed to be facing postponements or hang in a legal twilight state. More than a dozen homicides or suspected killings have incurred losses.
There also have been frequent scares, Newsome said. As staff members pore over case files to measure impacts, they have discovered discarded evidence in some of the city's most notorious cases, including some handled by Newsome himself.
One involves the so-called "Memorial Hospital rapist," David Lee Johnson, serving a 55-year sentence for the 1998 rape of a nurse in the facility's parking lot. While a cigarette containing his DNA was destroyed, the forensic traces had been separated from the butt, so the impact shouldn't be major, Newsome said.
"When his name showed up on the list, I can tell you there was a lot of concern," Newsome said. "Just one item was improperly disposed in the grand scheme and will not have a major effect. But it points to the dangers of the disposal that took place."
Other cases pose problems, however. It is possible that some defendants will try to wage an ineffective counsel argument on appeal if their lawyers did not seek to verify that evidence within a case was present, said Lisa Kirkman, chief deputy DA.
In the memo to police, the DA's office expressed concern that the Deanda case could pose ineffective counsel issues. He is accused of fatally abusing the child of a girlfriend then giving five different accounts of what led to the injuries. The young Bader is believed to have died from shaken baby syndrome.
The fact that a huge portion of the evidence in the Garcia case was tossed makes it particularly troubling to prosecutors, Kirkman said.
Among the lost pieces: victim's clothing, recordings of the suspect, victim photos and biological samples from both.
"It would be tough" to prosecute if the verdict were overturned, Kirkman said. "Plus, there are issues in locating the victim."
Attorneys in the Garcia case and others could not be reached for comment.
Meanwhile, a veteran police officer with the major-crimes unit was reassigned last week, only days after the release of an internal review of procedural lapses that led to the purge.
According to City Council member Jerry Heimlicher, the detective was demoted almost immediately after he criticized the Police Department's internal audit in personal conversations with Heimlicher and other council members.