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Friday, March 8, 2024

DNA scandal that could threaten thousands of criminal cases

 For nearly three decades, Yvonne “Missy” Woods was Colorado’s star forensic scientist, relied on by police and prosecutors to test DNA evidence in the state’s most baffling crimes.

Her work was considered the gold standard by colleagues and helped put away infamous murderers, including the “Colorado Hammer Killer.”

Then, in November, Woods abruptly resigned. The same day, the Colorado Bureau of Investigation said it had discovered anomalies in her work during an internal review and was launching a criminal probe.

The unfolding scandal—potentially one of the largest in the history of forensic DNA testing, according to experts—is throwing Colorado’s criminal justice system into chaos. The state said it would need to review and retest approximately 3,000 DNA samples that Woods handled. Public defenders estimate thousands of cases could be affected.

Prosecutors are bracing for numerous legal challenges from people charged or convicted based on Woods’s findings. State lawmakers recently allocated nearly $7.5 million for possible retrials and case reviews, along with the retesting.

Yvonne Woods, a former forensic scientist with the Colorado Bureau of Investigations, in 2009.MediaNews Group via Getty Images

At the center of the storm is a mystery: Was Woods just sloppy, or has she been purposefully cutting corners for decades to put people behind bars?

“This is a huge, unprecedented mess,” said George Brauchler, a former district attorney in the Denver suburbs whose office oversaw numerous cases in which Woods testified. “I want to know, what in the world did she do?”

Ryan Brackley, an attorney for Woods, said she is cooperating with the investigation.

“She continues to stand by the reliability and integrity of her work on matters that were filed in court, and particularly in cases in which she testified in court under oath,” he said.

Investigators have released few details and haven’t said what prompted the review that uncovered anomalies in Woods’s work. They also haven’t said when their probe will be complete and whether criminal charges will be filed.

Yvonne Woods, a former forensic scientist with the Colorado Bureau of Investigations, in 2003.Denver Post via Getty Images

But in a Dec. 5 email to district attorneys across the state, the lab director of the Colorado Bureau of Investigation said Woods had in some cases altered data and in others, analyzed samples several times but reported only one result.

As of that date, investigators hadn’t found that any DNA evidence provided by Woods was inaccurate, according to the email.

“CBI Forensic Services continues to review all cases worked by Ms. Woods during her 29-year career,” lab director Shawn West wrote. “The CBI is utilizing all available resources to expedite this process.”

Questioning murder cases

As Colorado prosecutors pore over hundreds of cases that Woods worked on and await results of the investigation, they must consider two nightmare scenarios: Whether any of Woods’s cases ended in a wrongful conviction and whether some people correctly put behind bars must now be retried because of shoddy DNA testing.

Boulder County, Colorado, District Attorney Michael Dougherty.Denver Post via Getty Images

“The impact to the confidence and integrity of the justice system—and the work that is going to be required on these cases—is really significant,” said Michael Dougherty, Boulder County’s district attorney. “We will undoubtedly see defendants who’ve been convicted rightfully and justly trying to use this issue to their advantage.”

His office has identified 56 closed cases and 13 open cases in which Woods was a witness or potential witness.

One current case he must contend with is that of Garrett Coughlin, whose trial for allegedly killing three people is set for April.

In November, the Colorado Bureau of Investigation alerted prosecutors that DNA testing conducted by Woods in the case was missing data.

Coughlin’s attorney Mary Claire Mulligan said she wants to know why the problems with Woods’s DNA analysis weren’t caught earlier, a question other defense lawyers have asked as well. Standard criminal-lab protocol requires a forensic scientist’s work on each case to be reviewed by a colleague.

“The fact that this could go on for 20-some years, and not once did it get caught by peer review, this says there is something very wrong with forensic testing in Colorado,” Mulligan said. 

State law-enforcement officials have said the problems are limited to Woods and aren’t laboratorywide.

But issues are popping up elsewhere in the state. On March 1, the Sheriff’s Office in Weld County, Colo., said it fired a veteran DNA analyst and will pursue criminal charges against her after anomalies in her work were discovered during the Woods investigation.

A sheriff’s spokeswoman said that while the two inquiries were separate, the state crime lab where Woods worked and the one where this DNA analyst worked have teamed up on cases.  

The ‘Hammer Killer’

It was through solving cold murder cases that Woods, 60 years old, earned a reputation as a skilled criminal scientist. She was adept at finding the faintest DNA samples on old crime-scene evidence collected years before the advent of advanced forensics, including clothing and lip balm, according to court documents.

Alex Ewing was convicted of four killings and given four life sentences.Denver Post via Getty Images

One of her most notable cases dates back to 1984, when Bruce and Debra Bennett and their 7-year-old daughter Melissa were found beaten to death with a hammer inside their Aurora, Colo., home. Another woman, Patricia Smith, was raped and fatally beaten with a hammer in her Denver suburban home around the same time.

The identity of the Hammer Killer was unknown until 2018, when Woods helped identify a suspect based on evidence extracted from the crime scenes. The DNA profile matched a man named Alex Ewing, who was already serving a decadeslong prison sentence in Nevada for attempted murder in a pair of bludgeoning attacks.

With the help of Woods’s testimony, Ewing, who pleaded not guilty, was convicted of the four killings and given four life sentences. He is appealing one of the convictions, and his attorney said the investigation into Woods bolsters their case.

“It really raises significant questions as to the reliability of the DNA evidence, which was the primary evidence that convicted my client,” said lawyer Suzan Trinh Almony. The district attorney’s office in Jefferson County, which prosecuted Ewing in the murder case that he is appealing, said it couldn’t comment because it has also been assigned to prosecute Woods if criminal charges are filed.

Brackley, Woods’s attorney, declined to comment on any specific cases, but said Woods’s work was “beyond reproach.”

‘It all made sense’

Woods has already been named in at least one lawsuit related to her work.

Days after she resigned, attorney Mark Burton filed a federal suit alleging that Woods’s faulty analysis helped put his client James Hunter behind bars.

Hunter was arrested in 2002 after a woman and her 5-year-old daughter living in a Lakewood, Colo., trailer park were sexually assaulted by a man with a sock over his face. The woman said the man’s voice sounded like Hunter.

Woods conducted a microscopic hair comparison that she said placed Hunter at the scene of the crime, according to the suit. But at the request of defense attorneys, the hairs were then tested by an outside lab, which determined they belonged to the victim.

When the error was revealed, Woods told the judge that it was a “blow to her ego,” according to the suit. The case was dismissed.

Then, 10 months later, detectives said they had located another hair. Woods tested it and found it contained DNA from Hunter. He was arrested again and eventually convicted of sexual assault and burglary. He is still in prison today.

“Once we heard about Missy Woods, it all made sense,” Burton, Hunter’s attorney, said.

https://nypost.com/2024/03/08/us-news/colorados-star-forensic-scientists-mistake-threatens-thousands-of-criminal-cases/

Biden rambles about watching Fox News, kids flipping him the bird in first post-State of the Union remarks

 President Biden said Friday that he had stayed up until at least 2 a.m. watching Fox News analysis of his State of the Union speech to Congress — before saying he was disappointed seeing vulgar protest signs and children making obscene gestures at him when he travels.

“I was watching on television last night, about two in the morning, after we got back to the house,” Biden said at a Philadelphia-area campaign rally, his first public address since his annual congressional appearance.

“I had the TV on and there was a Fox News commentator saying, ‘You know, Biden is changing from trickle-down economics to build from the middle out and the bottom up. It is going to ruin America.’

“Ruin America? We have the strongest economy in the world right now,” he added.

The 81-year-old president, who is seeking a second term in November against presumptive Republican nominee Donald Trump, did not identify the Fox personality who he said made the remarks.

Biden also slammed supporters of Trump, 77, for rudely greeting him when he travels the country — moments after telling reporters he may refuse to debate the former president.

U.S. President Joe Biden attends a campaign event at Strath Haven Middle School in Wallingford, Pennsylvania, U.S, March 8, 2024.
President “Biden started his speech with these words: ‘If I were smart, I’d go home now,'” quips USA Today’s Ingrid Jacques.REUTERS
Did you ever think — those of you who are over 40 — did you ever think we’d be in a situation where we talk to each other like the way we talk these days?” Biden asked, “where you ride down the street and there’s a Trump banner with a ‘F— You’ on it and a 6-year-old kid putting up his middle finger?”

“It demeans who we are. That’s not America,” he lamented.

The notoriously gaffe-prone president, who made it through most of his State of the Union speech without stumbles — with the exception of mispronouncing the first name of Laken Riley, the 22-year-old Georgia nursing student who was murdered allegedly by an illegal immigrant — seemed to struggle Friday with his ever-present teleprompter.

Biden said at one point that the 2021 Capitol riot happened on “July the sixth” — a verbal error that he’s made before — before quickly correcting himself to say January.

At another point, Biden said “we [sic] added more to the national debt than any president in his term in all of history” — when the context made clear he intended to say “he” in reference to Trump.

The president concluded his speech with an off-the-cuff remark about how he had to ask first lady Jill Biden five times to marry him — saying the successful final attempt came after “I was down in South Africa trying to see Nelson Mandela,” a reminiscence that has drawn repeated fact checks and been labeled untrue.

https://nypost.com/2024/03/08/us-news/biden-rambles-about-fox-news-kids-flipping-him-the-bird-in-first-post-state-of-the-union-remarks/

Biden blames ‘eavesdropping’ media after Netanyahu needs ‘come to Jesus’ moment hot-mic snafu

 President Biden was caught saying on a hot mic Thursday evening that Israeli Prime Minister Benjamin Netanyahu needed a “come to Jesus” talk about the humanitarian situation in the Gaza Strip.

The president, 81, made the awkward comment about the Jewish state’s head of government while mingling with lawmakers following his State of the Union address — asking Sen. Michael Bennet (D-Colo.) to keep what he said confidential.

“I told him, ‘Bibi’ — and don’t repeat this, but [I said] ‘You and I are going to have a come to Jesus—’,” Biden began as an aide rushed over to stop him from saying more, exclaiming “Sir!” and whispering in his ear.

President Biden was caught on hot mic talking with Senator Michael Bennet, Secretary of State Antony Blinken and US Transportation Secretary Pete Buttigieg.REUTERS

“I’m on a hot mic here,” Biden said out loud after the aide conveyed his message, adding sarcastically, “Good. That was good.”

Secretary of State Antony Blinken and Transportation Secretary Pete Buttigieg stood nearby, and it was unclear whether they overheard the remark.

The exchange with Bennet followed other candid comments in the aftermath of the speech, such as Biden quipping to Rep. Jerry Nadler (D-NY) after he extolled the president’s remarks as evidence of his mental fitness, “I kinda wish sometimes I was cognitively impaired.”

When asked about the comment on Friday, Biden tried to plead ignorance, telling reporters as he left the White House for a campaign trip to Philadelphia, “I didn’t say that in the speech.”

After a reporter clarified that they were asking about the comment made “after the speech,” the president groused, “You guys eavesdropping on things.” 

Biden gave early support for Netanyahu’s invasion of Gaza, but he has been repeatedly heckled as “Genocide Joe” during public remarks and dogged by protest votes in Democratic primary contests.

Biden has been increasingly critical of Netanyahu’s management of the Israeli invasion of the Gaza Strip to drive out Hamas terrorists responsible for the Oct. 7 surprise attack that killed about 1,200 people, including dozens of Americans.

Biden blamed the “eavesdropping” press after saying his hot-mic moment didn’t happen during his speech.C-SPAN

In the State of the Union, Biden announced plans for the US military to build a temporary humanitarian pier in Gaza and publicly warned Israeli forces that more assistance needed to get into the Palestinian enclave.

“Israel has a right to go after Hamas,” the president said, adding that the jihadist group could end the fighting by releasing its hostages, “laying down arms, and surrendering those responsible for October 7.”

However, Biden also claimed Israel must bear an “added burden because Hamas hides and operates among the civilian population like cowards — under hospitals, daycare centers, and all the like.

President Biden said he told Israeli Prime Minister Netanyahu that he needed a “come to Jesus” talk about the humanitarian situation in the Gaza Strip.POOL/AFP via Getty Images

“Israel also has a fundamental responsibility, though, to protect innocent civilians in Gaza … Israel must allow more aid into Gaza and ensure humanitarian workers aren’t caught in the crossfire,” the president added.

Addressing Netanyahu and the rest of the Israeli leadership from the House rostrum, Biden intoned: “Humanitarian assistance cannot be a secondary consideration or a bargaining chip.  Protecting and saving innocent lives has to be a priority.”

On Friday, when asked if Netanyahu needed to do more to allow aid into Gaza, Biden affirmed: “Yes, he does.”

Supporters of the Israeli war effort have insisted that the country’s military has allowed ample aid into the territory, and any shortages have resulted from theft by Hamas while Palestinians civilians are left to fend for themselves.

https://nypost.com/2024/03/08/us-news/biden-says-into-hot-mic-israels-netanyahu-needs-come-to-jesus-talk/

' Biden Predicts Federal Reserve Will Cut Interest Rates'

 

  • ‘It’s going to come down,’ Biden says at campaign rally
  • Presidents have traditionally refrained from Fed commentary

President Joe Biden predicted the Federal Reserve would move to cut rates, as the administration places greater emphasis on housing costs in its election fight against Donald Trump.

“I can’t guarantee it. But I bet — you betcha — those rates come down more, because I bet you that that little outfit that sets interest rates, it’s going to come down,” Biden said Friday in a speech in Philadelphia. He did not specify when he thought the cuts might begin.

https://www.bloomberg.com/news/articles/2024-03-08/biden-bets-fed-will-cut-rates-as-he-pledges-housing-help