Public defenders in Colorado demand transparency about DNA scientists

DENVER — Public defenders say the Colorado Bureau of Investigation (CBI) is not being transparent enough when it comes to a former DNA scientist who is now under criminal investigation. According to the CBI, Yvonne “Missy” Woods tampered with data in more than 600 cases.

District attorneys have said the CBI has released a list of cases in their area that could be affected. The Office of the State Public Defender (OSPD) said it does not have a complete list.

According to Assistant Public Defender Zach Brown, the CBI denied the request to disclose the case list. He said several district attorneys have provided case numbers to his office, but Brown said the list, which the OSPD compiled itself, is incomplete.

“(CBI) doesn’t want to give us the list even though we’ve asked for it in various ways,” Brown said. “We got a response from them when we asked for it and they decided they’re not going to give us the list.”

Normally, the OSPD declines interview requests from the media because they do not want to comment on specific cases. This case against Woods, a star DNA scientist at the CBI, is the exception.

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“If that evidence is fabricated and you’re making decisions in your trial … when you’re potentially facing a life sentence … I don’t know how that could be any more serious,” Brown said.

In February, the CBI said Woods had manipulated data in at least 652 cases. A review of her work from 1994 to 2008 is still ongoing. Her work during her 29-year career at the CBI is in question. An internal investigation found that Woods had cut corners, calling into question the reliability of the tests she conducted.

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The OSPD was even more concerned this month when the media reported further findings from an internal investigation. According to the IA report, colleagues raised concerns about Woods’ work years ago.

In 2014, a colleague questioned Woods’ review of evidence in a case and raised his concerns with a technical director. In 2018, Woods was accused of data manipulation. The allegation was investigated, but the CBI said the results were not shared with the former CBI director. The agency has launched another investigation to examine how the 2018 allegations were handled.

Woods continued to work on cases after the 2018 report.

The current investigation into Woods’ work did not begin until late 2023. In September 2023, an intern on a research project found missing data values ​​in cases analyzed by Woods, the report said. This led to a more thorough review of Woods’ casework.

The CBI said it carefully reviews all its testing protocols. It checks the results of all current and previous DNA scientists to ensure their integrity.

The internal review of Woods’ work did not find that she had falsified DNA matches or created DNA profiles. Rather, the agency said she had deviated from protocols and taken shortcuts.

“It’s abhorrent that something happened in 2014. Something happened in 2018. Nothing happened that would have stopped this analyst from working cases,” Brown said. “We’re talking about human beings, and every day they spend in a cage facing life or a long sentence is one day too many when they’re accused with unreliable evidence.”

In a statement released earlier this month, CBI Director Chris Schaefer said, “While the IA focused on Woods’ misconduct, we must acknowledge that it took too long to discover the ongoing intentional manipulation of our laboratory systems. We are in the process of finding an outside vendor to conduct an organizational review to ensure that our forensic services procedures and systems meet CBI’s high standards.”

The criminal investigation against Woods is still ongoing.

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The OSPD stated that this scandal was not only about a long-time analyst; it was also about “systemic errors” at an accredited state crime laboratory.

“Have people been convicted or charged based on unreliable, unscientific evidence that was manipulated by a government agent?” Brown said.

This investigation into Woods will cost the state millions. State lawmakers have already appropriated about $7.5 million for retrial and conviction review. None of that will go to public defenders.

The OSPD estimated earlier this year that it may also need around $5 million. Brown says they will have to ask the state for funding to get justice for their affected clients.

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