A prominent Fort Worth criminal defense attorney is seeking additional information on a county serologist, who was disciplined by the state's top forensic board for professional misconduct but was not prosecuted.As this was described at the Forensic Science Commission this was basically a case of laziness. The labworker sometimes didn't test rape kits, for example, when the offense report didn't include penetration, drawing conclusions without performing examinations or testing. OTOH, while it's another example of corroboration inflation as it regards the victim account, one wouldn't necessarily see those sort of shortcuts as a practice likely to suborn a false conviction. But you never know, I suppose, until somebody takes a closer look.
The serologist, who resigned in March after a supervisor discovered that he had fabricated test results for two unopened rape kits, may have "committed a crime" in the lab of the medical examiner's office, attorney Mark Daniel said.
He "knowingly falsified forensic laboratory results," Daniel said, and could be subject to a third-degree felony, such as making a false entry in a government record.
Tarrant County District Attorney Joe Shannon's office said it hasn't pursued an indictment because no one has asked it to.
"No defense attorney nor anyone else has presented a proposed criminal case to this office," spokeswoman Melody McDonald said. "If that is done, we will be happy to take a look."
The Tarrant County medical examiner's office reported the incident to the Texas Forensic Science Commission after the false reports were discovered. The serologist was immediately suspended and soon resigned.
It was later discovered that results of several rape kits had been falsified without testing. Such misconduct is called "drylabbing."
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