Archive for December 13th, 2016

Lab watch.

Tuesday, December 13th, 2016

Lawrence forwarded a story from “Community Impact”, one of those free neighborhood papers, that I thought was worthy of note.

The gist of it is that the Capital Area Private Defender Service (CAPDS from this point forward because I don’t want to keep typing that) is willing to get involved with fixing the DNA testing issues in the APD forensics lab.

CAPDS is proposing a 5-year process to review the city’s DNA cases to determine how what happened with the lab will affect past and pending court cases, and to look forward at best practices for DNA testing, Strassburger said.

Well, that sounds great. But what do they need? Money. And what does Travis County not have a whole lot of? Money.

[county judge Sarah] Eckhardt said she has asked the city to take $1.4 million identified in the city’s budget process for additional personnel in the DNA lab and apply it toward these efforts.

Meanwhile, the Statesman is saying that fixing the DNA lab problems could cost…well…

According to records obtained by the Statesman, models for such reviews involve varying levels of expert input and use of appellate attorneys. The most expensive carries a $14.4 million estimated price tag while the least expensive is about $6 million.

More:

According to the organization, county officials could assign an attorney to each case that used DNA evidence analyzed by the lab to review it and “file appropriate motions” for a minimum cost of $13.2 million. Or it could choose a more expensive option in which attorneys would do a deeper review of cases using two attorneys from the outset to learn which might have potential issues — for $14.4 million.
The last option — at a cost of $6 million — would involve the county or city hiring new lawyers to handle the cases instead of using outside attorneys.

Oh, by the way, this doesn’t include the costs associated with actually getting the lab up and running again.

And, in an also related story: after the lab was closed, the APD asked the Texas DPS crime lab to do retraining of some of the DNA analysts.

But Monday, DPS officials told the department they had lost faith in most of the staffers they were working with — and wouldn’t be returning.
Instead, according to a one-page letter obtained by the American-Statesman and KVUE-TV, only a select two from a staff of six DNA analysts are invited to a state facility to continue training in a “supportive environment.”

More:

In a letter to the Travis County district attorney’s office, Brady Mills, deputy assistant director of the DPS crime lab, wrote that the last four months of working together have shown that “there are significant challenges that impact confidence in the work product” of some of the lab’s DNA analysts.
“This has been demonstrated through our personal interactions with the group as well as the practical work product that has been completed and reviewed thus far,” Mills wrote. “Coupled with the expressed belief by your office that those senior analysts may no longer be utilized for expert testimony, APD and DPS plan to move forward with a new course of action.”

The position of DNA analyst (which requires a bachelor’s degree) in the APD lab starts at $23.44 an hour. I believe when I started doing enterprise tech support at Dell, I was making $22 an hour and that was in 2006: I would expect that by now, Dell’s paying closer to $23.44, if not more, and I also suspect enterprise tech support is easier than DNA analysis.

I want to be very very careful with what I say here. I don’t want to seem like I’m sneering at anyone. I couldn’t do this work, and I believe the people who do are motivated by things other than pay. But when DPS says 2/3rds of the people sent over for retraining, can’t be retrained? Is the DPS training that much more demanding than APD’s? Is there something else going on here? Or is the simple explanation also the correct one: APD’s been hiring people who are wrong for the job, and it finally caught up with them?