The hits keep coming for the D.C. forensic laboratory—this time in the firearms division. Today, WTOP News in D.C. published partial results from an audit begun in January 2020. The audit reviewed 60 cases from the D.C. forensic lab and found discrepancies in 12 separate cases. In six of those cases, auditors came up with different conclusions about the evidence than examiners at the D.C. Department of Forensic Science’s firearms unit. Some of those discrepancies involved cases in which the independent examiners were able to match bullets or cartridge casings where the lab’s examiners were not.
The existence of the ballistics audit is now rippling through the court system as it must be disclosed to defense attorneys preparing for trial because it’s information that could change how they argue their client’s case.
A review of court records shows some of the DFS examiners whose work was flagged in the ballistics audit have also worked on some of the most high-profile murder cases in the District, including reviewing ballistics evidence in the 2018 gang-related killing of 10-year-old Makiyah Wilson in Northeast, D.C. So far, no errors have been discovered in that case.
Read the full article, covering more of the audit, the case at the center of the probe, and additional court concerns here.
The Washington Post was the first to report the FBI was investigating a firearms analyst at the District of Columbia Department of Forensic Sciences in January 2020. The investigation involved an allegation that the examiner falsely indicated that his analysis of evidence had been verified by a colleague, when it actually had not undergone a required review. Additionally, in October 2019, the Justice Department asked the D.C. department to turn over documents and communications dealing with firearm evidence examination policies as well as any reviews or indications of errors.
Of course, the once-heralded lab is no stranger to audits and controversy—or erroneous results, for that matter. The $220 million facility was built in 2012 to much ado, including praise that it would help quickly process evidence all around D.C. But by early 2015, two audits found that the lab’s DNA procedures were inadequate, leading to the lab losing its national accreditation and jeopardizing nearly 200 cases. At the time, D.C. district prosecutors within the U.S. attorney’s office alerted city officials to what they described as numerous errors with DNA analysis performed at the lab.
The director of the lab, Max Houck, resigned shortly after the audits, and two other senior officials, the chief scientist and the senior manager for DNA testing were all let go.
Jenifer Smith took over the embattled agency and, as of 2018, the lab was meeting industry standards again. In a press conference at the time, Smith said she eliminated old policies and practices when she took over as director. As a result, the forensic lab had two clean audits from accrediting bodies, and improved communication with D.C. police and prosecutors.
Photo: Inside the District of Columbia Department of Forensic Sciences crime lab. Credit: DC.gov