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From the City & Region staff at The Boston Globe

State crime lab to get independent audit in DNA scandal

Email|Print| Text size + By the Boston Globe City & Region Desk
January 26, 07 05:20 PM

By Globe Staff

The Patrick administration announced today it will conduct an independent audit of the State Police crime laboratory as the fallout continues after revelations earlier this month that DNA was mishandled in at least 15 unsolved rape cases.

The Executive Office of Public Safety is looking for a private consulting firm to review "all operational aspects, practices, policies, and procedures" of the crime lab and recommend improvements. Robert E. Pino, the civilian administrator of the DNA database at the State Police forensic laboratory, was suspended after he was accused of failing to report matches in the 11 rape cases until the statute of limitations had expired. Pino is also accused of reporting four test results incorrectly.

State Police Superintendent Colonel Mark Delaney wrote a letter on Jan. 23 specifically requesting an independent review.

"In light of the recently discovered administrative process failures found at the crime lab, both Colonel Delaney and I believe it is prudent for us to conduct a review of the entire operation," said Kevin M. Burke, the Secretary of the Executive Office of Public Safety, in a statement. "While the science of DNA is indisputable, we have a duty to ensure that the Commonwealth can have a similar level of confidences in the administrative processes we employ."

The department is looking for a company that will perform a four month review for $250,000. Proposals are due at 3 p.m. on Feb. 23 and the review is expected to begin on March 5.

The announcement that there will be an independent review all the forensic services provided by the state police comes after the FBI had already launched an audit of the lab's DNA database. However, at least one defense attorney working on a high profile case that involves DNA had called for an independent review because he said the FBI had its own problems with DNA analysis in recent years and lacked credibility.

That lawyer, Elliot M. Weinstein, is defending Neil Entwistle, who is accused of fatally shooting his wife and infant daughter. Prosecutors say the crime lab matched DNA found on a gun to Entwistle. Weinstein unsuccessfully asked a judge last fall to toss out the DNA evidence.

Another defense attorney, Robert A. George, said earlier this week that he expects that the scandal at the lab will form the basis of challenges in two of his high-profile murder cases: Christopher M. McCowen's conviction in November of the murder of Christa Worthington, and Edward S. O'Brien's 1997 conviction in the slaying of his best friend's mother.

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