Boston-Herald: Nebraska CSI chief convicted of evidence tampering

[Heidi]

Tuesday, March 23, 2010

PLATTSMOUTH, Neb. — A judge on Tuesday convicted a top crime scene investigator of evidence tampering, after prosecutors argued that the investigator planted blood from a slaying victim in a car linked to two innocent suspects to bolster the case against them.

Cass County District Judge Randall Rehmeier said he didn’t believe Douglas County CSI director David Kofoed’s excuse that the victim’s blood ended up in the car because of a sloppy mistake. Rehmeier said there was enough evidence to show that Kofoed intentionally planted fake evidence.

The verdict drew gasps from those in the courtroom, mostly Kofoed’s fellow investigators and other supporters. Kofoed left the courtroom immediately following the announcement. As he walked briskly to his car dodging a throng of reporters, he could be heard saying, "It’s obvious."

He faces up to five years in prison and a $10,000 fine at his May sentencing hearing. He remains free on bond.

While investigating the 2006 shooting deaths of Wayne and Sharmon Stock, of Murdock, Kofoed said he found a speck of blood from one of the victims in a car linked to their nephew Matthew Livers and his cousin, Nicholas Sampson. That evidence was the only physical evidence tying Sampson and Livers to the slaying.

Livers initially confessed to killings, but quickly recanted. His attorney has said the confession was coerced. Prosecutors said Kofoed searched the car and reported finding the blood after Livers took back his confession.
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Douglas County Reacts to Guilty Verdic
Posted: March 24, 2010 05:55 AM

Omaha (KPTM) - The trial may be over, but the guilty verdict for Dave Kofoed may have far–reaching consequences for the Douglas County CSI unit.

Throughout the trial, Douglas County investigators routinely testified cross–contamination is just a part of conducting criminal investigations. Cross–contamination was the primary defense put forth by attorney Steve Lefler for his client Dave Kofoed.

Special prosecutor Clarence Mock says the testimony could hurt the credibility of the CSI in the long run.

"I am somewhat disturbed on possible affects that might have in the future with other cases," says Mock.

Mock says defense attorneys in future cases will be able to reference points during the Kofoed trail where Douglas County CSI's essentially admitted there was always the possibility of contamination affecting a crime scene.
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[ericinne]

1. Hell yeah

I was tickled to death when my wife told me about this tonight. Nothing worse then a dirty cop.

[Heidi]

2. Belated welcome to DU, ericinne!

:hi:

[Heidi]

3. Kick for the morning crew.

:kick:

[old mark]

4. Rec. Great post - thanks.

That shit belongs in prison - hope he enjoys it.


mark

[Heidi]

5. This has been one of my concerns about DNA evidence which is great science

and a real advance for justice. But when it's mishandled or misappropriated by a technician in a position of public trust, the science in support of justice is easily undone. There's no room in science for the sort of crookedness of which the Douglas County (Nebraska) CSI director was convicted.

[old mark]

6. I don't think he is the only one, either - a lot of people get caught up

in the politics of it all, and I think there are more than a few people locked up because of bad evidence.
And not many people willing or able to help them......

mark

[Heidi]

7. You nailed it, Mark.

I'm convinced that there are many, many people serving prison terms based on lots of bad evidence but law enforcement practice in many cases is far behind the science -- and ignorant practice is supported by some sort of patriotism/nationalism-based "law and order" mentality -- that there's a generally smug "Why change what's working just fine for us?" attitude toward applied science. Science does not fear inquiry; in fact, real scientists welcome challenge and inquiry. REAL scientists do not cheat.

http://www.innocenceproject.org/understand/

[old mark]

8. H, there is an excellent and disturbing and scarey book - "The Innocent Man",

John Grisham's first non-fiction work, that is a study of how police and DA's will make the evidence fit a person they KNOW is guilty - even if he is not. It is about ruinde lives and the absolute refusal of the DA and judges to allow new evidence to spoil their record of being tough on crime, even though the person convicted of that crime has been proven innocent.

It seems it is quite hard to be released from prison if "they" don't want you to be, innocent or not.

mark

[lonestarnot]

9. Sounds like the worst of the worst! Wonder if he will enjoy life in a box.