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Austin crime lab worker's complaints reminiscent of troubles in Dallas

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A crime lab drama is again playing out, this time in Austin, where a whistleblower claims she was canned for complaining about poorly executed drug evidence analysis.

Debra Stephens, a 9-year employee with the Austin Police Department crime lab, said she shared her concerns with the department early last year, in a story that hit Austin media Wednesday. She was fired in April.

Stephens in December filed a complaint with the Travis County District Attorney’s office.

The complaint was forwarded to the Texas Department of Public Safety, which issued this preliminary – and perfunctory – statement. Reading between the bureaucratic lines, it means at first glance, things are fine.

 
But let’s look a little deeper just to make sure.

Stephens claimed that in some cases, criminal charges were being filed before any testing was done to verify what the alleged substance was. “Results are being reported and charges are being filed without any analysis being conducted at all,” Stephens said in her Dec. 27 complaint to the DA’s office.

She also said that lab accreditation is flimsy and that lab administrators did not meet state standards.

It’s not the first time the Austin lab has been named in a complaint from an employee.  

In September, the Texas Forensic Science Commission released a report regarding allegations of miscues with DNA analysis. Investigations by the Austin police, the Texas Rangers and accrediting body, The American Society of Crime Lab Directors, or ASCLD, were determined by the state commission to have exonerated the office.

(The report included a line that has to be music to the ears of defense attorneys and their wayward clients: “Contamination can and does happen in DNA labs due to the sensitive nature of the technology.”)

Stephens’ complaints of retaliation and ineptitude are similar to those voiced in 2009 by Chris Nulf, a former forensic analyst with the Dallas County Crime Lab.

Nulf alleged sloppy work and was fired in May of that year, a termination he claims was prompted by his speaking out. He filed a complaint with the Texas Forensic Science Commission, which was heard and dismissed.

The complaint was also reviewed by an agent with the national crime lab director’s group, which also determined it had no merit.

Houston, too, has had troubles with its own crime lab dating back to a 2002 audit that found shoddy practices. The city hopes to create a board to oversee it this year.

And the North Carolina-based ASCLD has had its own reputation problems. The operation is an octopus of activism that is part trade group, lobbying operation and consultancy. Critics wonder how a group can objectively assess the very offices it also represents.

The Texas Legislature in 2005 passed a law requiring all forensic labs be accredited by the ASCLD.

 
***
Contact Steve Miller at 832-303-9420 or stevemiller@texaswatchdog.org.

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Photo of lab samples by flickr user Susy Q, used via a Creative Commons license.

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