Crime Labs

Chris Swecker and Michael Wolf were retained by the NC Attorney General’s Office to conduct an independent review of the Forensic Biology Section of the SBI Crime Laboratory. The investigation began in March 2010 and focuses on policies, procedures and practices between 1987 and 2003. The Appendix to the report contains a list of affected cases.

• Additional 75 cases – In March 2011, an SBI internal review of serology cases revealed an additional 75 defendants whose cases were affected by the same problematic reporting practices as the 230 cases identified in the Swecker Report. The additional cases were discovered when lab staff hand-reviewed files that had been screened electronically for the Swecker investigation.

The Wolf Memo – Michael Wolf’s provided a summary of Forensic Serology Laboratory Reporting Policies from the FBI and other states around 1990/1991.

The News and Observer published Chris Swecker’s previous report to the SBI regarding SBI Assistant Special Agent in Charge Dwight Ransome and related SBI policies and procedures. This report was commissioned by the Attorney General’s Office following Ransome’s involvement in the Alan Gell case. Recommendations from this report included changes to the SBI’s Report Writing Manual, additional training regarding obtaining and preserving documentary evidence, and confirmation from relevant DA’s offices that potential exculpatory material was provided in specified SBI investigations.

Report submitted by Judge Vince Rozier during his time as Ombudsman to the SBI. The document includes a memo by Judge Joseph John responding to the recommendations of the Ombudsman. The report was released by the SBI in Aug. 2011.

This 2001 report by the North Carolina Medical Examiner Study Group was requested by the legislature in part in response to a series of news articles that raised concerns about the quality of death investigation in North Carolina. The report provides information about the structure and responsiblities of the Medical Examiner system and makes a number of recommendations for improving the system including improved training, utilization of trained death investigators, and assuring adequate resources for the performance of death investigation and autopsies throughout the state.

Originally posted on Nov. 12, 2019 on the North Carolina Criminal Law blog. The advent of cannabis legalization across the country has led to a proliferation of new types of cannabis products. There are skin patches, food and drinks (for humans and pets), vaporizer or “vape” cartridges (or “carts”), and different concentrate or extract products (“dabs”, “wax” or “shatter”, among other names). [Click …

Friday, October 4, 2019 NC Judicial Center, 901 Corporate Center Drive, Raleigh, NC Co-sponsored by the NC State Crime Laboratory & Office of Indigent Defense Services The NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free-to-attend CLE that is designed to enhance the knowledge of criminal defense attorneys and …

An announcement from Becton Dickinson and Company (BD) may raise doubts about the validity of some blood alcohol tests conducted across the country since August 31, 2018. On May 30, 2019, with a correction made June 12, 2019, BD announced a recall for its “BD Vacutainer® Fluoride Tubes for Blood Alcohol Determinations” product. Vacutainers are …

In 2011, the North Carolina legislature enacted a series of reforms designed to increase the accountability and accuracy of forensic evidence used in criminal trials. The Forensic Sciences Act of 2011 states that State Crime Lab analysts “shall be required to obtain individual certification consistent with international and ISO standards.” Many of the certification organizations post certified …

Attorneys from several counties have received notice through discovery that their cases that their cases were potentially affected by a DNA testing issue at National Medical Services (NMS) Labs in Pennsylvania. DA’s offices in various jurisdictions have sent samples to NMS Labs for DNA testing in recent years. The issue that has been identified is …

The Texas Legislature recently legalized the cultivation of hemp, complicating enforcement of existing marijuana laws in the state. Hemp and marijuana are the same species of plant, Cannabis sativa, and are distinguishable only through a chemical analysis which shows the THC concentration. The concentration of THC, the psychoactive compound in marijuana, is the legal difference …

In 2018, the NC General Assembly passed legislation (S.L. 2018-70) requiring the creation of the a statewide tracking system to track the testing of Sexual Assault Evidence Collection Kits (SAECKs) from collection to completion of forensic testing. The tracking system is now available for all stakeholders in the criminal justice system.   For kits collected …

There will be a tour of the NC State Crime Laboratory in Raleigh for defense attorneys on Friday, July 26, 2019 at 11 am. State Crime Lab staff will take attorneys and defense investigators to several sections of the lab and provide information about the techniques used by lab analysts. This is an excellent opportunity …

The NC State Crime Laboratory has put into place a change to its Document Management Policy that should help criminal defense attorneys of record who wish to speak to the persons at the Crime Lab who have worked on their client’s case(s).  The new procedure states: 4.6.1.1  Once a Case Record has been finalized, the …

The NC State Crime Lab is conducting a customer satisfaction survey. The survey will be open until Aug. 31, 2018. Filling out the survey will allow the NC State Crime Lab to get feedback on your interactions with them over the past year. The survey is short and should not take much time to complete. …

NACDL will host its annual forensic science CLE in Las Vegas on April 3-4, 2020. Topics include facial recognition software, SANE evidence, cross-examination of experts, arson investigations, latent fingerprints, electronic evidence, toxicology evidence, and more! Scholarships are available through NACDL.

Duke University School of Law is excited to offer a short course on forensic evidence litigation, with CLE credit pending approval, at Duke Law in Durham, North Carolina. 

The course is free and open to a small number of practicing criminal lawyers.  Both prosecutors and defense attorneys are encouraged to attend.  The course will be open to fifteen Duke Law students.  The course will be most valuable for lawyers with some criminal experience, but without much experience litigating forensic science issues.

Co-sponsored by the NC State Crime Laboratory & Office of Indigent Defense Services

The NC State Crime Laboratory and NC Office of Indigent Defense Services will offer a free-to-attend CLE that is designed to enhance the knowledge of criminal defense attorneys and criminal defense investigators. Senior forensic scientists from the State Crime Lab will present updates and key information about the analysis of physical evidence in the disciplines of Forensic Biology (DNA), Firearms, and Digital Evidence. The Laboratory is working on validating the use of a new software program (STRMix) to interpret DNA mixtures. Once this software is implemented, DNA laboratory reports will have a new format and new conclusions will be used. This program aims to familiarize attorneys with this new program and the testimony that will be provided in court.

Following these presentations, the speakers will address questions from attorneys. Due to the confidential nature of casework, questions about specific cases will not be answered. Attorneys can schedule a meeting at the State Crime Lab to discuss the case with the analyst. Registration is available here. Attendees are encouraged to submit questions ahead of time using the registration form or by emailing sarah.r.olson@nccourts.org.

Attorneys receiving CLE credit will be billed $3.50 per credit hour by the NC State Bar. 3.0 hours of general CLE credit is anticipated. Non-attorneys who wish to receive continuing education credit will receive certificates of attendance.

This database can be used to identify which laboratories are accredited.

Hearing regarding SCL analyst certification results has been continued to June 26, 2012 at 2 pm.

Judge Gary M. Gavenus’s July 13, 2012 order requiring the State Crime Laboratory furnish to each District Attorney in the State the first and second letter containing the actual certification exam results and designated areas requiring further study.

Civil complaint against former SBI agents/supervisors/directors Deaver, Taub, Nelson, Keaton and Elliot filed in U.S. District Court in Raleigh on June 28, 2011.

August 2, 2012 letter notifying defense attorneys who represented clients in approximately 80 resolved cases involving an analyst who was unsuccessful on his or her certifying exam. The letter specifies how information on analyst certification exam results will be provided based on Judge Gavenus’s order.

July 17, 2012 memo to defense attorneys regarding Judge Gavenus’s order.

June 12, 2012 State’s Motion requesting information regarding State Crime Lab certification exams. No file stamped version is available.

This sample motion contains a request for specific discovery, motion to preserve evidence and motion to produce for an in camera inspection by the court is another approach.

Signed into law by Governor Beverly Perdue on March 31, 2011. Sections 1-5 and 7-11 became effective when the act became law. Section 6 (Ombudsman position) becomes effective on July 1, 2011.

Section 6 of this law extends the time for local forensic science labs (other than the North Carolina State Crime Laboratory) to become accredited from October 1, 2012 to July 1, 2013. Section 6.1 clarifies which State Crime Laboratory employees are required to become certified.

Extends the time for local forensic science labs (other than the North Carolina State Crime Laboratory) to become accredited from July 1, 2013 to July 1, 2016.