New York City's DNA Evidence Can't Be Trusted

If you can't trust the evidence, you can't trust the conviction. According to a recent report, the New York Police Department has begun to test thousands of drug evidence samples, as a review by the state’s inspector general has found that sloppy work by analysts in the department’s crime laboratory could have skewed drug evidence used by prosecutors.

But since the mistakes in the laboratory, the nation’s busiest, were found to have been made in 2002, some of the evidence has been destroyed, making any new tests very difficult, according to the review, which was released yesterday. Legal experts said this could open the door to appeals by those who want to have their convictions overturned or their sentences shortened.

It will open the doors to appeals. Can you imagaine people in prison for something they did not do?

The slipshod drug testing — which may have involved “dry-labbing,” or failing to test all the bags when many were seized — has been acknowledged by the Police Department, which transferred or disciplined three technicians who failed internal tests of their accuracy in 2002. Since 2002, the lab has been revamped and restaffed.

What sort of discipline did they receive. After all, they played with people's lives.

The department has said that the errors did not rise to the level of a criminal offense. But in March, the office of the state inspector general, Kristine Hamann, began its own investigation, and has now come to a different conclusion.

“The integrity of evidence is a cornerstone of law enforcement,” Ms. Hamann said yesterday. “These lapses were a threat not only to the prosecution of drug crimes, but to the public’s trust in our criminal justice system.”

She recommended that the Queens district attorney, Richard A. Brown, consider criminal charges against the three former analysts, known as criminalists, and against W. Mark Dale, a former director of the criminal laboratory who retired in 2004. Attempts to reach Mr. Dale by phone last night were unsuccessful.

I believe criminal charges should be filed. What do you think? We definitely have to keep up with the prosecutor's decision on this one.