Colorado lawmakers unveiled a bipartisan proposal at the capitol on Thursday aimed at heading off future problems at the state’s DNA testing lab, in the wake of the issues caused by former forensic scientist Yvonne “Missy” Woods.
Woods allegedly manipulated more than a thousand DNA test results in criminal cases over decades. She faces more than 100 criminal charges.
House Bill 1275 would require a CBI lab employee to report any misconduct they’re aware of and mandate a state investigation. It would also set up a process to inform criminal defendants and others affected by the misconduct.
The state currently has a year-and-a-half backlog on rape kit testing at the lab, which is run by the Colorado Bureau of Investigation. A separate bill seeks to designate specific funding to address that backlog. On Thursday CBI also unveiled a public dashboard to inform the public on what it describes as an “aggressive plan” to clear the 1407 kits still waiting for analysis and bring down processing times to the state guideline of 90 days or less.
“We know that the oldest rape kit … that's not been tested is December 2022. And nobody around here, any party, thinks that that is acceptable,” said Democratic Rep, Mike Weissman of Aurora, a sponsor of HB-1275.
Republican Rep. Matt Soper of Delta, another main sponsor, said one goal of the bill is to bring more transparency to the crime lab. It would require the CBI to disclose if a person's case may have been part of a data breach or misconduct.
“The notification would go to prosecutors, defense attorneys, private defense attorneys, public defense attorneys and then the victims as well because certainly a victim would want to know that this was potentially impacted,” said Soper.
If someone is wrongfully convicted based on faulty DNA evidence, Soper said, it means an actual perpetrator is still possibly loose in society. The bill would also try to make the process easier for post-conviction reviews of cases to determine if the DNA evidence led to a wrongful conviction or incorrect sentencing. Soper said the vast majority of cases won’t be impacted.
“I would predict out of the 1,000-plus cases (in which Woods was involved), probably only a very small handful are even going to have attorneys sitting down saying, ‘There might be something we have to look at here,’” he said.
Soper said sponsors hope to get it through the legislative process and to Gov. Jared Polis’ desk as soon as possible.
CU Boulder’s Korey Wise Innocence Project is backing the bill. The initiative provides free legal services for Coloradans who have been wrongfully convicted of crimes.
Jud Lohnes, a staff attorney with the group, said wrongful convictions can have ripple effects through communities.
“When an innocent person is convicted, we all lose,” Lohnes said. “The innocent person loses freedom, the victim loses security and closure, and the public loses because the actual perpetrator remains at large.”
The project’s public policy director, Jeanne Segil, emphasized how the bill would help victims as well as the wrongfully convicted.
“The impact of this state laboratory misconduct crosses over from individuals who may be wrongfully convicted to the victims of crime in a substantial way,” she said. “We understand the trauma caused when the criminal justice system acts dishonestly in obtaining a conviction, thereby compromising truth and undermining the victim’s trust in the process.”
Segil said the bill would make sure victims are aware of any issues with DNA testing in their cases, help them understand the subsequent legal process, and “ensure their voices are heard.”
