The North Carolina State Bureau of Investigation Crime Lab (NCSBI) was exposed in being complicit in the submission of numerous false lab reports resulting in a number of defendants being unjustly and falsely convicted of crimes which they did not commit.
Specifically, in 1993 Gregory Flynt Taylor was convicted of murder and sentenced to a life sentence. The criminal conspiracy was exposed when it was learned through a post-conviction appeal hearing that NCSBI Special Agent Duane Deaver was engaged in preparing false and misleading lab analysis when in the Taylor case testified that Mr. Taylor’s SUA tested positive for blood stains when in fact the samples only provided positive results from a presumptive test known as the “phenolphthalein test”. In fact in the Taylor case Special Agent Deaver deliberately withheld from defense counsel the fact that when he performed the more advanced and confirmatory test called the “Takayama test”, the results were negative. In the
Further Special Agent Deaver also withheld from the defense that a third test called the “Ouchterlony test” likewise proved negative for the existence of human blood.
Taylor case no only evidence against Taylor was a jail house snitch who claimed that Taylor admitted to him that he had committed the murder.
Fortunately Mr. Taylor was able to prove his innocence when Deaver was compelled to produce his original lab notes which confirmed the negative results on the two confirmatory tests. This is one of the reasons that it is essential that the defense attorney in all cases require the production of all the laboratory notes of the forensic chemists.
In August of 2010 the Attorney General of North Carolina released the Swecker-Wolf Report”, prepared by two retired FBI agents which found that out of 15,419 serology reports, 904 filed contained similar misleading language as to presented by Deaver.
What is even more disturbing was the fact that the American Society of Crime Lab Directors-Laboratory Accreditation Board (ASCLD-LAB) certified for 20 years that the NCSBI was proficient, accurate and reliable forensic laboratory.
What is even more shocking and troubling is that the New Jersey State Police Forensic Laboratory is likewise certified by ASCLD-LAB, the same agency that covered up the misconduct in North Carolina’s lab for 20 years.
By: Vincent J. Sanzone, Jr., Esq.
Dated: July 28, 2011
Law Office of Vincent J. Sanzone, Jr.
Elizabeth, New Jersey
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