A recent inves­ti­ga­tion led by a for­mer Justice Department offi­cial report­ed that ana­lysts at the Houston Crime Lab fab­ri­cat­ed find­ings in at least four drug cas­es, includ­ing one in which a sci­en­tist failed to con­duct test­ing before issu­ing con­clu­sions to sup­port police sus­pi­cions — an ille­gal prac­tice known as dry­lab­bing.” The report con­tains some of the most seri­ous alle­ga­tions made yet against the Houston Crime Lab and is the first to crit­i­cize the lab’s largest divi­sion, con­trolled sub­stances, which tests sub­stances sus­pect­ed of being drugs and per­forms about 75% of the Houston Police Department’s foren­sics work. This is the fifth area of crime lab dis­ci­plines where errors have been exposed — includ­ing DNA, tox­i­col­o­gy, bal­lis­tics and the blood-typ­ing sci­ence of serol­o­gy.

The inves­ti­ga­tion into the lab is being head­ed by Michael Bromwich, a for­mer U.S. Justice Department offi­cial. He found that the dry­lab­bing” reports were issued by two ana­lysts between 1998 and 2000. One of the ana­lysts, who has since resigned, once fab­ri­cat­ed con­clu­sions that sent an inno­cent man to prison for four years for rape. In a lat­er instance of mis­con­duct, he used results from a col­league’s test­ing in his own case file. The sec­ond ana­lyst, who still works at the lab, iden­ti­fied tablets as a con­trolled sub­stance with­out per­form­ing tests and lat­er fal­si­fied data to sup­port incor­rect con­clu­sions. In each of the four cas­es, the ana­lysts’ super­vi­sors caught the mis­rep­re­sen­ta­tions before the evi­dence was intro­duced in court, but the two employ­ees respon­si­ble for the dry­lab­bing” results were pun­ished with no more than a four-day suspension. 

 Drylabbing’ is the most egre­gious form of sci­en­tif­ic mis­con­duct that can occur in a foren­sic lab­o­ra­to­ry.… At least one of the super­vi­sors believed strong­ly that both ana­lysts should have been ter­mi­nat­ed imme­di­ate­ly once the frauds were iden­ti­fied,” said Bromwich in his report.

This new report also high­lights prob­lems that led to an inves­ti­ga­tion of the Houston Crime Lab’s DNA divi­sion, which was closed in December 2002 due to shod­dy employ­ee prac­tices and oth­er prob­lems that con­tributed to test­ing inac­cu­ra­cies. Bromwich and his team of inves­ti­ga­tors are expect­ed to com­plete the first stage of their inves­ti­ga­tion of the Lab by the end of June. (Houston Chronicle, June 1, 2005). See Innocence. More peo­ple have been exe­cut­ed from Harris County (Houston) than from any oth­er coun­ty in the country.

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