Colorado district attorneys worry that over 1,000 criminal convictions may have relied on dubious evidence due to “anomalies” discovered in DNA testing by a former Colorado Bureau of Investigation forensic scientist.
The Joint Budget Committee last month approved a $7.5 million addition to this year’s state budget to deal with the immediate fallout. And the taxpayer costs are likely to grow, budget documents show.
“That’s extremely concerning, and clearly quite a liability for the state,” said Rep. Emily Sirota, D-Denver, a JBC member.
Department officials told the JBC the money would only cover the cost of re-testing DNA samples and reviewing convictions that relied on evidence now in question. Nearly all of the incarcerated people affected are expected to challenge their convictions, and an untold number could go back to trial.
The CBI in November announced an investigation into the work of Yvonne “Missy” Woods over her 29-year career as a forensic scientist, setting off a scramble in district attorney’s offices across the state to review the affected cases for problems.
“Whether additional funds (or fewer funds) will be needed will likely depend on the outcome of the pending investigations,” Susan Medina, the CBI’s chief of staff, told The Colorado Sun in a written statement.
An attorney for Woods did not respond to The Sun’s requests for comment.
The state is retesting around 3,000 DNA samples at a cost of $1,000 each, for a $3 million total hit to the general fund. That’s almost as many tests as the 3,600 the state typically conducts in an entire year.
The remaining $4.5 million would cover the costs for district attorneys to review the affected convictions and re-prosecute them as necessary. In a letter to the CBI, the Colorado District Attorneys’ Council “conservatively estimates” that local prosecutors would need to rework at least 1,200 cases statewide.
So far, the CBI has reviewed around 300 of the 3,000 tests handled by the scientist. Over 75% were impacted by the employee’s alleged conduct. At that rate, the department expects 2,300 pieces of evidence to be affected; more than one sample may have come from the same legal case.
CBI officials insist the problems were limited to a single employee, and “not a systematic issue” within the CBI’s laboratory.
“I’m shocked that one person can cause this much expense to the state,” said state Sen. Jeff Bridges, a Greenwood Village Democrat who sits on the JBC.
An internal affairs investigation, conducted by the Kansas Bureau of Investigation, is expected to be completed in the coming weeks. Rep. Rick Taggart, a Grand Junction Republican who serves on the JBC, said he has heard from district attorneys who are already preparing for litigation.
“These are some of the most difficult cases that we face — very severe crimes,” Taggart said. “They’re quite honestly just really concerned.”