DNA Testing Errors at Colorado Crime Lab Prompt Concerns Over More Than 1,000 Criminal Cases

Authorities in Colorado are grappling with the potential fallout from DNA testing errors at the Colorado Bureau of Investigation (CBI), which could impact over a thousand cases.

The Colorado Department of Public Safety has requested additional funding to cover the retesting of samples used in litigation after anomalies were discovered in the work of a former CBI forensic scientist.

According to the department, up to 3,000 samples may need to be retested by a third-party laboratory due to the errors. The incident has been attributed to one former employee, who is now under internal affairs and criminal investigations. The department has acknowledged the possibility of substantial evidence being available for the retrial of prior criminal cases.

The Colorado District Attorneys' Council conservatively estimates that local prosecutors will need to review and potentially re-prosecute at least 1,150 cases across the state. In response, over $21.5 million was allocated in the previous financial year, and an additional $7.5 million was recently approved by Colorado's legislature to address the retesting.

The Department of Public Safety estimates that retesting each of the 3,000 samples will cost $1,000, while the post-conviction review process is expected to incur a further $4.4 million. The anomalies in DNA testing could require an extra 40-80 hours of work in cases where the outcome may be affected, and 100-200 hours for cases that could result in retrials.

The Colorado Bureau of Investigation has set aside nearly $4.4 million to reimburse prosecutors for their additional time.

The Department of Public Safety cautions that the budget does not account for the legal costs of retrials, as it is still too early to determine how many cases will go to retrial. Additional funds may be requested in the future to address these expenses.

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As of January 2, the Department of Public Safety has reviewed around 10 percent of the DNA samples handled by the former laboratory worker, with 229 cases found to be impacted by their actions.

Based on this review, it is estimated that approximately 2,290 cases will be deemed to have been affected once all the samples have been reviewed.