How reliable is the government’s evidence in criminal cases? The answer is frightening. In August, 2004, David Kaloyanides uncovered an investigation that was being conducted by the LAPD on one of their own Chemists for errors he made in analyzing evidence in numerous criminal cases and disclosed the Los Angeles District Attorney’s efforts to keep the investigation a secret. This shocking story was later publicized by the Los Angeles Times in two separate articles.
Los Angeles District Attorney Tries to Hide Evidence… David Kaloyanides Brings it to Light and Gets Murder Charges Dismissed
In January, 2004, the LAPD opened an investigation on their own narcotics chemist, Jeff Lowe, for “botching” the analysis of evidence in a number of cases. In March the LAPD told the District Attorney that the case prompting the investigation was “not an isolated incident.” Although the LAPD sent 20 corrections, prosecutors believed there were 26 additional suspect cases.
In an internal office memo, the District Attorney urged its prosecutors “not to rely on Lowe’s calculations.” In another internal memo written in June, a deputy district attorney acknowledged that the investigation results could indicate that Lowe is “careless” and or “incompetent” as a scientist. But prosecutors did not tell the judges or defense attorneys about the investigation until September, 2004, after Mr. Kaloyanides got a court order requiring disclosure. Mr. Kaloyanides later learned that the prosecuting attorney in a murder trial in which Mr. Kaloyanides was the defense counsel had been instructed by his superiors not to disclose the Lowe investigation.
Prosecutors are legally and ethically required to turn over evidence they have that could be used to discredit their witnesses or their evidence. And yet, the investigation was kept a secret. Mr. Kaloyanides’ client was being charged, for a third time, for murder: the first two trials resulted in hung juries. The murder charge was based on a DUI related death. Lowe did the analysis on the client’s blood-alcohol level and testified in the two prior trials on the effect of alcohol on a person’s physical and mental capabilities. The documents that Mr. Kaloyanides discovered revealed that Lowe had committed errors in 40% of the evidence he analyzed. As a result, the murder charge against Mr. Kaloyanides’ client was dismissed.
In his motion, Mr. Kaloyanides told the court, and the court agreed that, “the only two conclusions that may be drawn from the People’s assertion is either they chose to conceal this information knowing that it was not only discoverable but exculpatory, or the District Attorney’s Office is manned by complete incompetents who have no basic understanding of the law or their professional responsibility.”
What is the Effect of Defective Evidence?
“Any time you have law enforcement not doing their job accurately, it undermines the potential legitimacy of the evidence they want to present” Mr. Kaloyanides told the LA times. Miscalculations affect not only the charges that are brought against the defendant, but also what sentences that defendant will receive.
The District Attorney’s office decided not to file charges in the case that started the Lowe investigation because of “insufficiency of the evidence:” they could not prove their claims after a more accurate review of their evidence. A high weight of narcotics can result in a conviction of possession for sale as opposed to the lesser crime of straight possession: in straight possession cases, the sentence is lower because defendant is most likely an addict and not a trafficker; often, the defendant can choose a drug program and avoid jail; sellers do not get that option and are at risk of a longer time in jail.
Links
http://www.law-forensic.com/la_pd_lab_04_01.htm
http://www.talkleft.com/story/2004/10/07/247/49243
