Headlines for the Month of
September, 2007


1
September 1, 2007 

HEADLINE: Mason could be witness;


Previous ~ Headlines ~ Next

The former Bonneville County prosecutor may be called in the trial of an ex-police officer.

RIGBY - Former Idaho Falls City Prosecutor Kimball Mason could be called as a witness in the trial of a former Idaho Falls Police officer charged with receiving stolen guns from him. 

Todd Ericsson, who faces two charges of grand theft, is looking at a Sept. 19 trial date. But before that happens, 7th District Judge Darren

Simpson will have to rule on motions that were argued Friday.

Ericsson, 49, is charged with knowingly hiding two stolen guns from officials during the investigation of Mason. Mason is serving two sentences at the North Idaho Correctional Institution at Cottonwood for stealing guns from the IFPD's evidence room and falsifying public documents.

He will be eligible for parole in 2010.

Representing Ericsson, attorney Ron Swafford of Idaho Falls said Mason will likely be called as a witness at Ericsson's trial.

Prosecutor Josh Taylor entered a motion Friday to have Swafford disqualified because he also represents Mason. Swafford said Mason and Ericsson had signed a waiver stating they understood the concerns and that there should not be any conflicts.

Taylor's second motion concerned the defense's request for an expert witness to address what effect post-traumatic stress disorder might have had on Ericsson's memory. Ericsson returned from Iraq the night before Mason was sentenced on June 1, 2006, and two days before new guns were discovered that resulted in a second complaint.

With regard to an expert witness' testimony, Taylor questioned whether it would be relevant to the case if Ericsson didn't testify himself, and testify first. He also said the prosecution might want to call its own expert witness for rebuttal.

Ericsson spoke to investigators in January 2006, as the initial Mason investigation was heating up, and denied having ever received any guns from Mason.

An anonymous phone call to the Idaho Falls Police in June 2006 led investigators to Ericsson's daughter's home in Utah, where two guns were discovered. The prosecution is arguing that Ericsson had his daughter take the guns to Utah to hide them from investigators.

Investigators on June 14, 2006, confiscated a Winchester .12-gauge shotgun and a Springfield Armory 9 mm handgun from Brittany Ericsson. Scott Smith, an investigator from the Idaho attorney general's office, interviewed Ericsson the same day, and said Ericsson told him he'd bought the guns from Mason in 1998.

Ericsson was charged in November 2006.

Taylor asked Friday that certain statements made by Brittany Ericsson and other witnesses, be allowed at the upcoming trial. Swafford said that to make a ruling on that motion, the judge would have to make assumptions about how evidence at the trial would unfold.

Copyright 2007 The Post Register, Idaho Falls Post Register (Idaho)


 
2
September 07, 2007    

HEADLINE: Major Problems Found with Alton Evidence Room

Link to Article


Previous ~ Headlines ~ Next

Investigation now on hold

ALTON - An internal investigation into the Alton Police Department uncovers major problems with its evidence room.  We've learned there's no record of everything in the room.

The investigation into the police department started after the police chief was charged with sexual assault. The alleged victims are two male employees.

The police chief is also accused of taking alcohol and drug paraphernalia from the evidence room.

Those items were supposedly used at parties at his house. But since there aren't records of the items, there's no proof anything's missing.

Alton's internal investigation of the police evidence room is now on hold.

"What good does it do you to go looking in a room if you don't know what's supposed to be there or not supposed to be there," says Alton City Manager Jorge Arcaute.

NEWSCHANNEL 5 cameras weren't allowed near the room. But we know there are two parts to the evidence room - the evidence locker and confiscated items.

The evidence locker holds items from crime scenes, which is used to prosecute criminals. We're told that's in tact and good logs are kept of what's there.

The investigation showed the problem is with confiscated items, which are seized by police or are abandoned property not tied to a crime.

There are no records kept of what's been confiscated.

The city manager says he just learned about this major hole in record keeping last week.

He says the police chief never brought this to his attention.

"Obviously this reflects very poorly on his administration and the department," says Arcaute. It also makes it hard to charge and prosecute the chief for the missing evidence.

The city manager tells us he's now working to get the evidence room back on track.

Copyright © 2007, www.krgv.com


 
3
September 10, 2007 Monday, THIRD EDITION

HEADLINE: Fired Alton officer denies theft of cash TAMPERING


Previous ~ Headlines ~ Next

Envelopes in evidence room were slit, and bills were replaced with cardboard.
 
When Mick Dooley, a 24-year Alton police veteran who oversaw the department's evidence room, learned in April that money was missing from a bank robbery case, he wasn't worried that fingers would point to him.

When FBI agents questioned him about the missing cash, and even when he was placed on paid administrative leave, he still wasn't worried, he said in an interview last week with the Post-Dispatch. He figured that it was standard in such an investigation and that he'd eventually return to work. 

"I was thinking to myself, free vacation," Dooley said.

Then, at a news conference in July, Police Chief Chris Sullivan announced Dooley's suspension. Sullivan said Dooley was the only person with unlimited access to the evidence vault from which the money had disappeared. He would not say how much money was missing or when it was taken - only that authorities were sure that Dooley was to blame.

Dooley said he was fired five days after that announcement. The job he loved is gone, and he has been branded a thief. And Dooley says he is not to blame for the missing cash.

"To this day, I don't know how much money is gone," Dooley said.  Sullivan said last week that a federal grand jury would decide whether criminal charges should be filed against Dooley. He declined to comment beyond his statements at the news conference two months ago. U.S. Attorney Randy Massey also declined to comment, citing the ongoing investigation.  Dooley, who supervised the evidence room for three years, said that he had one key to the evidence vault and that the other key was in a locked box that required two keys to open.

He said the missing money was seized in a search that was part of an investigation of a bank robbery. Police found the money hidden in a drop-ceiling at an Alton house and then stored it in envelopes in the evidence vault.  But when federal authorities examined the envelopes in preparation for trial, they discovered that the evidence had been tampered with, Dooley said.

He said someone had slit the bottom of the envelopes, taken out cash, replaced the money with cardboard cut to the size of a bill and sealed the envelopes at the bottom with clear tape.He says he has been accused of taking the money so he could gamble it away at the Argosy casino. Dooley said that he does like to bet on video poker but that he can afford it - he earned about $80,000 a year, with overtime pay, and he's single, with his rent paid until 2011.

Dooley, 47, ardently denied taking any money but admitted that he had taken home a laptop that had been seized during the same bank robbery-related search. He said he had forgotten to include the laptop on a list of items seized and that he should have written a supplemental report when he realized the mistake.

Instead, Dooley said, he took the computer home because it wasn't needed as evidence in the case, so it would have been destroyed.

"In my mind, that had nothing to do with stealing," Dooley said. 

The laptop was seized by federal authorities who searched Dooley's one-bedroom apartment in May. He says Sullivan told him that it was the laptop, and not the missing cash, that cost him his job.

Dooley says he doesn't know what he'll do now. He says he's done with police work - his heart is no longer in it, and his reputation is too tarnished to find a job with another police department anyway.

"I just don't want to do that anymore," said Dooley. "I'm not the same person."

Copyright 2007 St. Louis Post-Dispatch, Inc., St. Louis Post-Dispatch (Missouri)


 
4
September 11, 2007

Ex-Virginia Sheriff Gets 8 Months for Corruption

BYLINE: SUE LINDSEY, Associated Press Writer
 
DATELINE: ROANOKE, Va. 


Previous ~ Headlines ~ Next

The former sheriff of a struggling, rural county was sentenced Tuesday to eight months in prison for lying to authorities about a scheme to resell drugs and guns seized from criminals.

Former Henry County Sheriff H. Franklin Cassell was also fined $15,000 and ordered to serve two years probation.

Cassell pleaded guilty in May to making false statements to federal investigators who were looking into the allegations of corruption within his department. He could have faced up to five years in prison, though federal sentencing guidelines suggested six to 12 months.

"I took great pride in being able to serve my fellow man for nearly 50 years," Cassell said at the hearing Tuesday. "I made a critical error in judgment."

Cassell, along with 12 current and former members of his department and seven others, were indicted last fall on charges that included racketeering conspiracy, narcotics distribution and weapons counts.

Prosecutors alleged that, from 1998 to the arrests, cocaine, steroids, marijuana and other drugs that had been seized by the sheriff's department were resold.

One sergeant who agreed to cooperate with investigators said he was paid off by the ring to use his house for distributing drugs, according to authorities.

Cassell was the first of 11 in the case to be sentenced this week. In all, 17 have pleaded guilty to at least one felony. One is scheduled for trial in October, and the government agreed to clear two others if they stay out of trouble.

Cassell, a career law enforcement officer, had been sheriff since 1992 in the economically distressed county along the North Carolina line. The region, which used to be a center of the furniture and textile industries, is best known for the Martinsville Speedway, where NASCAR races are run.

Copyright 2007 The Associated Press

 
5
September 14th, 2007 

HEADLINE: Ex-Illinois Deputy Charged with Theft


Previous ~ Headlines ~ Next

A former DuPage County deputy sheriff has been indicted on charges of stealing money held as evidence, authorities said Thursday.

Paul Dunklau, 48, of the 2000 block of Maplewood Circle, Naperville, is charged with theft and official misconduct for allegedly stealing the money on several occasions while employed with the DuPage County sheriff's office between Jan. 24, 2001, and March 1.

The office said at least $300 was stolen.

Dunklau, who has agreed to surrender to DuPage authorities, was to secure the money as evidence, but took it instead, the DuPage County state's attorney's office said.

The investigation began during a routine audit procedure, the state's attorney's office said.
 

Copyright 2007 LexisNexis, a division of Reed Elsevier Inc., Chicago Tribune

 
6
September 15, 2007 Saturday 10:53 PM GMT 

HEADLINE: Retired Bartlesville officer arraigned on stolen-drug charges


Previous ~ Headlines ~ Next

A recently retired Bartlesville police officer has been formally arraigned after being charged with stealing seized drugs from the department's evidence room. 

A judge entered a plea of not guilty on Thursday for 46-year-old Kyle Willaford, who stood in silence during the court hearing. Willaford's trial is set to begin on December 19.

Willaford is charged with 18 counts of larceny of a controlled dangerous substance. According to the filed charges, the alleged crimes were committed from August 2001 to November 2006.

He retired from the Bartlesville police force on February 24, two months before he was charged.

The Bartlesville Examiner-Enterprise, citing a close source, has reported that Willaford is suffering from stage 4 cancer. Willaford remains free on a recognizance bond.

Information from: Bartlesville Examiner-Enterprise

Copyright 2007 Associated Press, The Associated Press State & Local Wire


 
7
September 15, 2007 Saturday

HEADLINE: Ex-police chief arrested again


Previous ~ Headlines ~ Next

Bruce Espin served as Granbury police chief and was later a captain with the Hood County Sheriff's Department.

GRANBURY -- A former Granbury police chief has been arrested on suspicion of public intoxication and of driving while intoxicated since being indicted on charges of removing prescription medication from a Hood County Sheriff's Department evidence locker.

Bruce Espin faces one count of diversion of a controlled substance for personal use and one count of obtaining a controlled substance by fraud or misrepresentation. 

"I'm just heartbroken," Sheriff Gene Mayo said. "He has served this county for 25 years."

Espin began his law enforcement career as a jailer in Hood County, then moved to the Police Department, earning recognition from judges, school officials and community members. He rose to detective and later police chief during his 20 years on the force. He retired last year and joined the Hood County Sheriff's Department as a captain.

Espin is accused of entering the Sheriff's Department evidence room late Aug. 24 or early Aug. 25 and removing an undisclosed amount of alprazolam. The drug, also known under the brand name Xanax, is a tranquilizer in the same class of medications as Valium and is commonly prescribed for anxiety.

When confronted about the theft, Espin resigned from the Sheriff's Department, said Hood County District Attorney Rob Christian.

The case was presented to the grand jury, which returned indictments Sept. 5.

Diversion of a controlled substance for personal use, a state jail felony, carries a penalty of two years' probation to five years' imprisonment, Christian said. Obtaining a controlled substance by fraud, a third-degree felony, carries a penalty of up to 10 years in prison. Each charge also carries a fine of up to $10,000, Christian said.

"Both of the charges are from the same incident," Christian said. He did not reveal how much of the drug was taken, but said the quantity "did not matter" when prosecuting such a case.

Espin surrendered soon after the indictments and was released after posting $7,500 bail, said Lt. Billy Henderson of the Sheriff's Department. The Texas Rangers are investigating the case, he said.

On the evening of Sept. 6, officials with Hood County hospital told the Sheriff's Department that Espin had arrived at the emergency room injured and apparently intoxicated, said Mayo, who did not elaborate on the injuries.

He was arrested and held overnight in the Johnson County Jail. He was released the next morning on $300 bail, Mayo said.

On the evening of Sept. 9, several people reported a reckless driver on U.S. 377. Their description matched Espin's car, which police found in a business parking lot along that road, said Granbury police Capt. Russle Grizzard. Officers called state troopers, who pulled the car over on Farm Road 51, he said.

Espin refused to give a blood sample -- grounds for suspending his driver's license -- but agreed to take three field sobriety tests, said Sgt. Steve Tuggle with the Texas Department of Public Safety.

"He appeared to be intoxicated," Tuggle said.

Troopers arrested Espin and took him to Hood County Jail, where he was released the next day on $1,500 bail.

Espin has been recognized numerous times during the past two decades.

Paramedic Richard D'Arcy sent a letter commending Espin and three other officers for performing CPR on a patient.

Another letter, from former Granbury High School Principal M.B. LeMoine, said: "Mr. Espin has contributed to G.H.S. on numerous occasions on his own time by making both students and parents aware of the hazards of alcohol and drugs. For this we are extremely grateful."

Copyright 2007 Fort Worth Star-Telegram, Fort Worth Star-Telegram (Texas),
Star-Telegram, DFW.com


 
8
September 17, 2007 Monday, SECOND EDITION

HEADLINE: Thousands of dollars missing from police vault St. Louis chief disciplined officers after earlier theft was uncovered this spring.


Previous ~ Headlines ~ Next

Thousands of dollars in cash - perhaps $40,000 or more - has been stolen from the evidence vault in the property-custody room in the basement of St. Louis Police Headquarters, the Post-Dispatch has learned.

The theft is the second from a safe inside the Police Department this year. Police Chief Joe Mokwa disciplined several high-ranking officers for their lack of accountability in that earlier case, the department confirmed.

Lt. Col. Roy Joachimstaler, chief of detectives, confirmed Sunday that the department is conducting internal and criminal investigations into missing money from the vault. He said he could not provide an estimate of the amount taken. 

Police sources with knowledge of the investigation said it was about $40,000.

"It's devastating to me and the personnel and supervisors within the bureau of investigation that a criminal act occurred on our watch," Joachimstaler said in an interview.

"Even the hint of tarnish to the badge on the chest I take very, very seriously," he said. "We're working to put whoever did this in the penitentiary."

The money from the basement vault was taken from evidence envelopes that had been slit open, sources said. Joachimstaler confirmed that it could have been taken as long ago as 2003.

The department's internal auditors discovered the vault theft this summer. Those auditors were called in after a theft from one of three safes in the North Patrol Station on Union Boulevard earlier this year. That theft involved less than $500, sources said; a culprit has not been caught.

However, Mokwa disciplined several top assistants after the North Patrol Station theft was discovered. Assistant Police Chief Steve Pollihan received a written letter of reprimand; Lt. Col. Reggie Harris was given a day off without pay, and Capts. Steve Hobbs, Leman Dobbins and James Moran were all given two days off without pay. The department confirmed those disciplinary actions Sunday.

None of those high-ranking officers is accused of being involved in the North Patrol Station theft, but Mokwa wanted to send a message that they are accountable for what happens on their watch.

Disciplinary action against high-ranking officers is rare in the history of the department. Of 15 St. Louis police officers disciplined after detectives used World Series tickets seized from scalpers last year, just one was higher than a sergeant.

Harris was a major in charge of the North Patrol when the money was taken, and the captains were commanders of the three districts that comprise the North Patrol Station.

Several of the disciplined officers - who all agreed not to challenge Mokwa's discipline - declined to talk to a reporter.

The theft from the North Patrol Station was discovered during the spring when someone who had been arrested went to retrieve his belongings.

Mokwa took no disciplinary action against the many lieutenants, lower in rank, who had access to the safes in the North Patrol Station at that time.

The money missing from headquarters was seized property, including cash in drug cases that didn't go to trial and unclaimed cash from former suspects. Joachimstaler said he didn't know why the money was sitting in the vault for so long.

"I can say that some protocols were not being followed and some new protocols are being instituted where we saw weaknesses," he said. A new procedure manual has been prepared amid the reorganization of the property custody room. New security measures include new locking systems and an electronic surveillance system. Also, no one is allowed to go into the vault alone.

In the heist at headquarters, many people had access to the vault - commissioned officers as well as civilian employees.

Fingerprints have provided no solid clues, and lie detector tests might be given, the sources said.

"We're going to get to the bottom of this," Joachimstaler said.

Copyright 2007 St. Louis Post-Dispatch, Inc., St. Louis Post-Dispatch (Missouri)


 
9
September 19, 2007 

HEADLINE: Safe behind bars; 


Previous ~ Headlines ~ Next

IFPD using bar codes to track evidence

New software will save officers time and help stop evidence room abuses like those committed by former prosecutor Kimball Mason.

Thanks to new software, the evidence room at the Idaho Falls Police Department doesn't look much different from your local grocery store.   Bar codes are now pasted on each piece of new evidence collected by officers and housed in the department's evidence room, which sits in the basement of the Law Enforcement Building.

Just a like a grocery clerk, IFPD personnel can use a handheld device to scan evidence and then read a detailed description of the item on a computer screen using the program Evidence on Cue.

That's a far cry from what used to happen at the department.  Under the old computer system, an officer would put an item in a brown paper bag and write a brief description on the outside with a marker.

Multiple items meant an officer had to write multiple descriptions.

Brown paper bags will still be used, but instead of having black magic marker all over the outside, there is now a bar code for each item.

The department started using the software Tuesday, and IFPD Evidence Technician Mickey Callow said she can already see the benefits over the old system.

"It's going to be wonderful," she said. "It'll be so much easier to keep track of what we've got in here."

The department purchased the software for about $30,000 in response to a September 2006 audit.

The $6,000 audit was ordered after former City Prosecutor Kimball Mason was convicted of stealing guns from the IFPD evidence room by using forged court documents.

It took officers days to locate the guns Mason took, which is why the auditor, a former deputy police chief from California, recommended the software. Evidence on Cue enables officers to track down an item's chain of command in less than an hour.

IFPD Capt. Steve Roos said the program will save a lot of people a ton of time.

"It saves hours and hours and hours," he said. "(Adding the program) is one of the easier decisions we've made."

That's time saved for the public, too.

Before Evidence on Cue, there wasn't a simple, pragmatic way to search for a single piece of evidence.

So if you'd go down to the Law Enforcement Building and ask whether the police had recovered your stolen gold watch, they'd have a hard time telling you, Roos said.

Now the program will tell them exactly how many gold watches are in their evidence room.

"We're trying to work smarter, not just harder," Roos said.

Cops and courts reporter Nick Draper can be reached at 542-6742.

Copyright 2007 The Post Register, Idaho Falls Post Register (Idaho)


 
10
September 24, 2007 Monday, FINAL EDITION

HEADLINE: Cases, kin in limbo Destroyed evidence hurts investigations, loved ones


Previous ~ Headlines ~ Next

The key suspect in the Estes Park murder of a filmmaker lives comfortably in California, virtually immune from prosecution because a sheriff's deputy pitched all the evidence in the 28-year-old case.

The truth behind a fatal rollover car crash near Delta two years ago will never be fully known because prosecutors allowed the vehicle to be dismantled.

Three men sent to prison for a 1999 drive-by shooting in Colorado Springs have a greater chance at reversing their verdict because police destroyed the murder weapon.

So it goes in Colorado, where state law doesn't mandate the preservation of forensic evidence in the most tragic cases - homicides - leaving it vulnerable to being trashed. Under state rules, even paper records are required to be stored permanently, but not DNA. 

As government leaders in Colorado and Congress explore ways to better safeguard evidence, they confront a problem that has bedeviled at least a dozen homicide investigations in Colorado.

Aside from hurting post-conviction innocence claims, lost evidence has crippled investigations long before they can reach

trials, in instances that include unsolved murders, vehicular homicides and missing- person cases where slayings are suspected.

"It's painful because losing evidence can all but erase the ability to prosecute," said Larimer County Sheriff Jim Alderden. "Anymore, it's hard enough to get a conviction with evidence."

Alderden is intimately familiar with the consequences: A previous administration tossed physical evidence in two old homicide investigations that his office chose to reopen in recent years.

Twenty-eight years after the slaying of filmmaker Morton Rosenfeld, the key suspect is effectively untouchable because of a paperwork mistake that prompted the destruction of evidence. And the victim's surviving family remains suspended in emotional limbo, haunted by the knowledge that his killer still walks free.

"Poetry helps me cope," said his widow, Judith Rosenfeld, a creative-writing professor at the University of Central Florida. "What will help my children is some action on their father's case. This was my son's best friend."

A paperwork mistake

Morton Rosenfeld was killed while on a trip to Colorado to research the 1914 Ludlow Massacre for a possible movie project and to attend a film festival.

The 43-year-old Salt Lake City resident and father of two was found dead of head injuries at an Estes Park lodge. He appeared to have been beaten during a scuffle at his Windcliff Estates room. Flakes of wood covered the floor, and furniture was overturned.

Larimer County sheriff's investigators collected dozens of pieces of evidence, including the wood, his clothing, blood- stained bedding and a log from the fireplace they believed may have been used to kill him.

The key suspect, records show, was one of the property's employees, who flunked a polygraph test and was described as combative during interviews. In one, he cryptically volunteered a theory that curiously matched elements of the crime scene: that a jealous husband may have seen Rosenfeld with his wife and later sneaked into his room to beat him with a piece of wood.

Within three weeks of the interview, the suspect and his wife suddenly moved to Florida. And the case went cold as detectives were unable to uncover any leads.

It wasn't until 2002 that Rosenfeld's family, curious about the status of the case, was told that the evidence had been thrown out during a 1983 storage-room cleanup. The destruction log notes that it was authorized by the Larimer district attorney's office. The former district attorney calls it a paperwork mistake because his staff never condoned scrapping evidence in homicide cases.

"Nobody had told us a thing," said Judith Rosenfeld, adding that she felt her family should have been notified.

The potential for solving the case would have been greater with DNA analysis. It could possibly have retrieved traces of the killer from the log, bedding and other items.

What also concerns Rosenfeld is that former Larimer investigators wrote to her acknowledging the investigation was shut down too quickly and that more could have been done to investigate the slaying, including follow-up inquiries into the suspect's activities and conversations while in Florida.

Because of the family's inquiries, sheriff's investigators did take another shot at interrogating the suspect. They showed up at his house in California, where he now runs a string of elderly-care businesses (one was shut down for endangering residents). They unsuccessfully attempted to coax a confession, records show, until he grew "very abusive" while denying involvement.

"Without physical evidence, we couldn't bring a case," Alderden said. "Besides, we've got hot cases we need to work. We have to ask ourselves, what is the solvability factor of a case?"

Problems' scope unclear

The true number of homicide cases affected by evidence loss statewide is murky.

While state statutes and regulations do not create a duty to preserve evidence, leaving such decisions to the courts, authorities also aren't required to report what they lose or destroy. A similar trend exists nationwide, where The Denver Post found 110 homicide cases, largely through attorneys' tips, affected by lost biological evidence.

One clue to the scope of statewide problems emerged in a 2005 letter from the Colorado Bureau of Investigation to the National Institute of Justice. It revealed that DNA evidence was lost or destroyed in 75 cold cases that police departments had hoped to submit for new DNA analysis. CBI officials have not revealed how many were homicides.

Occasionally, evidence problems leak out through court documents and other public records. Or outraged authorities go public, as El Paso District Attorney John Newsome did last year, alerting the public to a massive evidence purge in Colorado Springs.

According to a memo Newsome sent police, he was concerned that the murder weapon used in a 1999 fatal drive-by shooting was destroyed.

Although three men were convicted in the case, Newsome believes the missing gun could bolster their effort to overturn their verdicts if a new trial is ordered.

"The defense could challenge and want independent ballistics testing," Newsome stated.

In recent years, authorities also have mistakenly allowed automobiles to be destroyed in at least three cases, leading to reduced charges in vehicular-homicide investigations.

Sometimes, they are dismissed altogether. That happened in March, when a Delta County judge threw out a case against an El-Jebel woman for allegedly causing a rollover crash that killed her boyfriend. The couple were trapped in the car along Colorado 92 for almost five days before another motorist spotted the wreckage.

Delta County prosecutors had alleged that she was driving under the influence of drugs or alcohol. But after prosecutors were finished analyzing the car, they released it from their custody, leading to its destruction, according to records.

Because her attorneys had no chance to analyze the car to counter the allegations, a judge ruled that her constitutional right to due process was compromised by its loss, among other issues.

Storage often lacking

While some losses go unexplained, evidence problems often can be traced to overcrowded evidence rooms and poor tracking. A national survey by Washington State University showed that more than 70 percent of police departments face critical storage problems.

Alderden, the Larimer sheriff, says he's currently leasing extra storage lockers to capture the overflow of evidence and case documents. From his decades-long experience in law enforcement, "space is a problem everywhere" in the state.

Lawmakers such as state Rep. Cheri Jahn of Wheat Ridge want to explore possibly building centralized storage facilities to alleviate crowded conditions in local jurisdictions - a suggestion brought to her by some officers during a recent gathering of the Northeast Colorado Peace Officers Association.

"The idea is that, cost-effectively, it might work if we had centralized storage," Jahn said, adding that the state should first develop a standard for defining what evidence should be kept because "you can't keep everything."

Some members of Colorado's congressional delegation - Sen. Ken Salazar and Reps. Ed Perlmutter and Mark Udall - also are discussing a federal solution. While Congress has required preservation of biological evidence in federal cases, some believe it should be extended to state crimes.

"Some consistency and collaboration is necessary between the state and federal system," said Salazar, who has started discussions on the issue with Sen. Patrick Leahy, chairman of the chamber's judiciary committee. "We do have a federal law that deals with preservation of DNA evidence. But the fact of the matter is that most evidence is not being gathered by the federal government.

"It would be appropriate for us to look at developing standards."

Meanwhile, families of victims also hope for more accountability, surprised that Colorado doesn't even require independent investigations into destruction of evidence or make authorities liable for losses.

"No one will ever be punished for losing all the evidence in my husband's murder?" asks Judith Rosenfeld. "How can that be?"

Staff writer Miles Moffeit can be reached at 303-954-1415 or mmoffeit@denverpost.com

Copyright 2007 The Denver Post



Home
Site Map

The source for information on this page is:
LEXIS-NEXIS
LEXIS-NEXIS is the world's largest provider of credible, in-depth information.
From legal and government to business and high-tech.
Copyright © 1995 - 2007
LEXIS-NEXIS, a division of Reed Elsevier Inc.
All rights reserved.
Reprinted with the permission of LEXIS-NEXIS.

And / Or

Google News


Wachter's Web Works - Quality Web Design.
Contact Webmaster
Revised: 11/07