Dallas lawsuit could have huge implications on Collin County convictions

by Bill Baumbach of The Collin County Observer

WFAA, Channel 8 News is reporting that a law suit has been filed by a former scientist at the Southwestern Institute of Forensic Science (SWIFS).

SWIFS is the Dallas County crime lab. The law suit alleges that the Institute engaged in "sloppy science" and "slip-shod analysis."

Dr. Chris Nulf, a forensic biologist, alleges that expired chemicals were often used; case files sat unsecured; and a box fan blew over areas in a lab where evidence was examined. He maintains that he was fired by SWIFS as retaliation for pointing out problems at the institute.

According to SWIFS, they fired Dr. Nulf in May, after 14 months on the job, for "poor performance and unsatisfactory progress as a trainee."

The WFAA article reports that:

"Dallas County District Attorney Craig Watkins, who has earned a national reputation for freeing wrongfully convicted inmates, told News 8 that his prosecutors might have to review more closed cases if Nulf's allegations are true."

"'Obviously,' Watkins said. 'Our ultimate goal is to seek the truth. If there's an indication that something was done improperly, then we will take the appropriate measures to make sure we rectify it.'"

A quick Google search turns up that Collin County prosecutors have used SWIFS in at least two high profile murder cases that resulted in convictions being overturned.

In the first case it was a SWIFS forensic analyst who testified that hair found in Michael Blair’s car had a “strong association” with hairs from the victim (Ashley Estell), but that he couldn’t make a positive identification.

Blair was sentenced to death in 1994 for the killing of young Ashley, but the conviction was overturned 14 years later after a separate DNA analysis proved his innocence.

Ada Betty Cuadros-Fernandez was convicted in 2006 of the murder of 14-month-old Kyle Lazarchik. Earlier this month, a Texas court of appeals overturned her conviction, in part because Judge Robert Sandoval would not let her attorneys cross examine a technician from SWIFS who prepared a DNA report. The technician was on maternity leave and was not required by the judge to testify.

Cuadros-Fernandez has steadfastly maintained that she is innocent.

WFAA's report notes that:

"Crime labs in Fort Worth, Houston, and even the Texas Department of Public Safety have all faced questions about their facilities in recent years."

"Critics say one of the biggest problems is that the industry polices itself. No government body regulates, inspects, or oversees them."

"In a detailed report earlier this year, The National Academy of Sciences suggested oversight is overdue."

It needs to be stressed that the Dallas law suit is not evidence that there was misbehavior at SWIFS. At this point, there are only serious allegations by a former employee. However, while the law suit is working its way through the legal system, defense attorneys will use the allegations to question the accuracy of any lab reports coming from SWIFS. If the charges against the crime lab are proven in court, it will call into question thousands of criminal convictions in the North Texas area.

Juries are told that forensic evidence, especially DNA is fool proof, but in reality the test results are only as good as the lab procedures followed.

The Collin County Observer has requested information from the Collin County DA's office on the number of convictions or cases tried using evidence from SWIFS.

Addendum:

After posting this, I have received several notes from local attorneys who tell me that SWIFS is the primary crime lab used by Collin County law enforcement and prosecutors. I have not yet heard from DA John Roach's office.