Bailey hearing finds improvements in Labs

Representative Kevin Bailey, Chairman of the Texas House of Representatives Urban Affairs Committee, and committee members held a public hearing to take testimony on several interim issues including the current status of the HPD Crime Lab. The hearing took place in Houston.

“Houston had one of the worst crime labs in the country. It was one of the largest labs in the country that was not accredited. How would you rate it today?” Rep. Kevin Bailey asked witnesses appearing before the committee.

In response Irma Rios, crime lab director, testified that enormous strides have been made. She said they are making progress on implementing 90% of the 135 reforms recommended in the investigative report that was completed last year. Ms. Rios explained that the budget for the department has increased 25% and that 12 additional employees are in the process of being hired.

In response to another question from Rep. Kevin Bailey, it was learned that the case load at the lab has increased 30% the last few years and they are handling about two thousand narcotics cases per month. More than $2.3 million has been invested in new equipment and training for the staff.

Also, testifying before the committee were attorneys Bob Wycoth and Chris Downey. They are part of an independent panel that is in the process of reviewing the cases of 180 inmates whose prosecution included reliance on faulty lab work. They are trying to determine if the problems with the analysis by the crime lab lead to faulty convictions. About 40% of their work has been completed. In several cases, they found that the lab failed to report results that would have implicated the inmate. They will produce a report containing information on each cases when their work is completed. The first stage of the review will be complete by August 2009.

The last witness appearing before the committee was Patrick Johnson with the Texas Department of Public Safety (DPS) crime lab. He testified that crime labs in all urban areas of the state are now accredited by DPS. They have accredited 42 labs in Texas and 30 in other states across the country.

Rep. Kevin Bailey authored legislation in 2003 that requires that the Texas Department of Public Safety (DPS) establish an accreditation process for crime laboratories, including DNA laboratories, and other entities conducting forensic analyses of physical evidence for use in criminal proceedings. Physical evidence subjected to forensic analysis and testimony regarding evidence will not be admissible in a criminal court if, at the time of analysis, the crime laboratory is not accredited by DPS.

The House Committee on Law Enforcement joined the Urban Affairs Committee for the hearing.