tag:blogger.com,1999:blog-8597101.post3978771249960021996..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: Roundup: Jean Valjean at Christmastime and other storiesGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-8597101.post-42930287153372840512016-12-09T08:20:12.968-06:002016-12-09T08:20:12.968-06:0027 PRIOR CONVICTIONS.27 PRIOR CONVICTIONS.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-73436877120681507852016-12-09T03:31:40.329-06:002016-12-09T03:31:40.329-06:00@10:21-
Interestingly, Pat Johnson did not partic...@10:21-<br /><br />Interestingly, Pat Johnson did not participate in the 2010-11 investigation regarding Cecily Hamilton's allegations of APD problems. At least, there is nothing noted from him or the TxDPS in the September 2011 TFSC "review".<br /><br />So I guess he can't be blamed for the accreditation violations found at the APD crime lab by the TFSC in 2016 (problems that date back to 2009). Maybe if Pat Johnson had participated, the APD DNA section would still be open today.<br /><br /><br />@8:36-<br /><br />Also interestingly, while there is a small blurb stating "OPINIONS OF THE ATTORNEY GENERAL. Investigative Authority" in the TFSC 2016 Annual Report, the annual report does not mention either RQ-0032-KP (Lynn Garcia's questions) or KP-0055 (Attorney General's Response).<br /><br />While it is a strange question to be asked, given the nature of the details typically provided in the submitted complaints, the number of Investigation Reports already published (and full of "exculpatory, impeachment, or mitigating information"), and the 2013 White Paper written by the TFSC regarding "Defendant Notification After Major Forensic Nonconformance" (i.e. exculpatory, impeachment or mitigating information...The TFSC notifies EVERYONE!!), it's even stranger that RQ-0032-KP and KP-0055 are not included from any official TFSC report. Also, I couldn't find mention of either on the TFSC webpage ("News").<br /><br />A strange oversight.<br /><br />How much exculpatory, impeachment, or mitigating information is the Forensic Commission withholding from the public?<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-8752121545186569492016-12-08T20:36:51.963-06:002016-12-08T20:36:51.963-06:00Grits-
The TFSC did more than just fail. Their d...Grits-<br /><br />The TFSC did more than just fail. Their dereliction of duty failed to reveal information that would have been favorable to defense attorneys. They've violated the law.<br /><br />The TFSC requested an Opinion of the Attorney General (July 2015), <br />"If a laboratory disclosure involves professional misconduct by a forensic scientist with the potential to impact criminal cases in many different jurisdictions, does the Commission need to notify the prosecutor in each jurisdiction or may it communicate the information to the Texas District and County Attorney's Association for distribution to its membership?"<br /><br />The Attorney General's Request for Opinion KP-0055 (January 8, 2016) responded, <br /><br />"...The Texas Forensic Science Commission ("Commission") asks [July 2015] about its responsibility to "notify relevant parties of exculpatory, impeachment or mitigating information" [that the TFSC receives in submitted complaints] under the Code of Criminal Procedure..."<br /><br />"...We can advise you, however, that the lack of a duty under article 39.l4(h) does not negate the requirement in article 38.01, § (4)(e) for the Commission to make its completed investigation reports available to the public. See generally TEX. CODE CRIM. PROC. art. 38.01, § (4)(e).<br /><br /><br />If the TFSC refuses to perform an investigation that qualifies per 38.01, and no investigation report is created by the TFSC, they've violated the law.<br /><br />According to the TFSC Annual Report 2016, only 3 reports have been released since December 2015. Surely, they've had more complaints than that. Just look at all the complaints that were finalized as "No Further Action" without an actual investigation or report.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-59519879160361447092016-12-08T09:22:46.921-06:002016-12-08T09:22:46.921-06:00FWIW, 10:21, I'm with you that the FSC blew it...FWIW, 10:21, I'm with you that the FSC blew it on the APD crime lab. That might be their worst result so far.<br /><br />OTOH, when Pat Johnson was at DPS he did not flinch at disclosing or confronting errors on his watch. Whether he's up for aggressively applying oversight remains to be seen, but based on his record at DPS, I wouldn't agree with your characterization of him.Gritsforbreakfasthttps://www.blogger.com/profile/10152152869466958902noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-58303483082519420962016-12-07T23:02:17.944-06:002016-12-07T23:02:17.944-06:00Articles like this won't earn you your Scapego...Articles like this won't earn you your Scapegoating merit badge.Harry Homelesshttps://www.blogger.com/profile/03947463975664686669noreply@blogger.comtag:blogger.com,1999:blog-8597101.post-30629603587150275162016-12-07T22:21:40.391-06:002016-12-07T22:21:40.391-06:00The problems discovered at the APD crime lab were ...The problems discovered at the APD crime lab were not necessarily because the lab is not independent from law enforcement. The problems were a result of mismanagement and improper oversight, inept auditing agencies, and investigative agencies (such as the Texas Forensic Science Commission) failing to perform the duties they are legally obligated to do.<br /><br />Even if the APD crime lab was "independent" of the Police Department, these same problems that were found in 2016 would have occurred.<br /><br />One solutions would be to imposed a hefty fine against ASCLD/LAB and the individual auditors who gave the lab accreditation status but failed to identifying the glaringly obvious issues. Publicly chastise the Texas Rangers and TxDPS for their incompetent and shoddy investigations (or cover-up) in 2010 when they were first notified of the problems in the APD lab by analyst Cecily Hamilton.<br /><br />And b*tch-slap the members of the TFSC for not getting up off their collectively bloated asses and going to the APD lab in 2010. Those Commissioners do not deserve to be there if they are not going to do their job. Find better Commissioners.<br /><br />And, hey, let's not appoint igmos like D. Pat Johnson as a commissioner to the TFSC. As deputy assistant director of the Texas Department of Public Safety (TxDPS) Crime Laboratory Services, responsible for crime lab accreditations across Texas (pre-2015), he did a pretty stellar job of downplaying or covering up problems in the labs (including the atrocities found at the APD lab). He might not be best candidate for an investigative agency that is responsible for identifying acts of negligence or misconduct in the crime labs. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-72339727758328875082016-12-07T18:10:44.911-06:002016-12-07T18:10:44.911-06:00Some years ago the Houston Police Department offer...Some years ago the Houston Police Department offered their SWAT officers to any local department that didn't want or need a full-service, full time SWAT team. The only stipulation was the police force that called could not have its own SWAT team. It saved many a community the cost of equipment and training (ongoing expenses) and it prevented any conflict between two macho commanders as to what tactics were viable for a given situation and who was in charge.<br /><br />Now days everyone wants one (including places like Texas Southern University!) because they're cool, damn the expense.Anonymousnoreply@blogger.com