The Department of Justice has awarded over $573,637 in grant funding to Travis County (Texas) to help the district investigate cases potentially affected by improper testing and other problematic behavior by the Austin Police Department’s forensic laboratory in 2016. The grant covers DNA testing and re-testing, as well as salaries for two additional attorneys.
In 2016, an audit by the Texas Forensic Science Commission found significant issues with the handling and analysis of DNA evidence at the Austin Police Department Forensic Laboratory. Findings included the use of scientifically inappropriate stochastic threshold, use of validation studies that lacked data to support the use of that stochastic threshold, suspect-driven bias, and deviation from protocols and procedures by analysts. The audit revealed the issues were particularly extensive in the DNA section. In 2017, the Texas Department of Public Safety (DPS) took control of the lab, completing all DNA work and outsourcing the extensive backlog of rape kits.
After much discussion and budget reallocations, in February of this year, the Austin City Council voted to officially transfer the forensic laboratory out from under police control, finally turning it into the independent entity Texas officially began hoping for back in 2016.
However, the county is still dealing with all fallout from the audit. In the five years since then, hundreds of closed criminal cases have been looked at, with hundreds to thousands more still pending. Some of the cases go as far back as 2000.
Travis County officials said they anticipate 20 to 30 cases will require testing, while 175 will require reanalysis.
“This grant will help our conviction integrity unit determine whether anyone is wrongfully imprisoned due to faulty DNA evidence. Our community must work to undo past wrongs, and we are honored to be a recipient of this grant,” said Travis County District Attorney Jose Garza.
The grant provides $61,689 for the outsourcing of DNA testing, and $438,311 for the hiring of two full-time attorneys.
“With hundreds of requests in pending status, the attorneys will conduct a parallel review of cases to identify possible wrongful convictions, assist with fact investigations, and navigate DNA issues related to criminal investigations,” explains collateral from the Austin/Travis County APD DNA Review Project.
Travis County originally asked for only $500,000 is assistance, but the Bureau of Justice Assistance determined the county was eligible for an additional $73,637. The grant is valid for three years, after which time costs associated with the APD DNA Review Project fall to the county and the city of Austin. Officials could, however, seek additional funding from the Bureau of Justice Assistance and/or other grant opportunities.