CHARLOTTE, N.C. — Defense attorneys across Mecklenburg County are being notified if their cases are impacted by possible lab testing errors. It comes as state officials continue to investigate whether a CMPD lab staffer made mistakes while testing evidence.
DNA evidence has become a game-changer for law enforcement. But what if there was a human error while testing it?
“It could create inaccuracies; it could create misleading testimony," Noell Tin, the Managing Partner at Tin Fulton, Walker & Owen, PLLC, said.
CMPD and the Mecklenburg County District Attorney's Office have brought in state investigators to determine if someone in the department's crime lab improperly analyzed evidence. The DA's office has been working to identify current and previous cases that could be impacted.
“It’s not something that happens frequently, in fact, I haven’t heard it happening in a very long time, anywhere," Tin said.
Now, some defense attorneys are receiving notices about insufficient DNA testing.
“People trust DNA evidence and if the evidence turns out to be fabricated or inaccurate that’s going to be a big deal," he said.
Tin shared an email with WCNC Charlotte circulating among defense attorneys:
A nonconformity with laboratory standards was identified and reported by the Charlotte-Mecklenburg Police Department Crime Lab in the Biology/DNA section. On March 5, 2024, a senior DNA Analyst reviewing the work of another analyst discovered possible inconsistencies with the amplification positive control data generated during the DNA testing process. Further investigation revealed that during a retesting of DNA, the initial failed positive control was substituted with another positive control that was known to give the expected positive result. The casework analyst's action was reported by the reviewing DNA Analyst and an investigation began to determine the full scope of the issue. The casework analyst's action involved the positive control sample associated with the DNA testing process and did not involve the alteration of any evidence samples.
The CMPD lab is working to determine which cases there were substitutions of a positive control in the work of the above-mentioned lab analyst. They have identified this occurred in XXXXX’s case.
Tin said DNA testing can provide powerful evidence in criminal cases. But when faults occur, it could lead to false convictions.
“If somebody says your DNA is on something, most people tend to think that’s because you touched it. And if it turns out you’ve been falsely accused it can have serious consequences for a criminal case," Tin said.
Attorneys and their clients are still waiting to hear what the next steps are for cases that are impacted.
The State Bureau of Investigation is leading the inquiry, which it says is ongoing.
Contact Lexi Wilson at lwilson@wcnc.com and follow her on Facebook, X and Instagram.