B4 MOND AY ,N OV EMBE R2 2, 202 1L AT IMES.COM
(Answers tomorrow)
Now arrang et he circled le tters
to form thes urprisea nswer, as
suggested by the above cartoon.
THATS CRAMBLED WORDG AME
By David L. Hoyt and Jeff Knurek
Unscramble these Jumbles,
one letter to eac hs quare,
to form four ordinary words.
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Legal Notices Legal Notices
dits generally gave good
marks to the lab, which proc-
esses about 15,000 cases a
year for nearly thr ee dozen
local, state and federal agen-
cies. The lab has ne ver lost
its accreditation since earn-
ing it in 2003.
But some of its work over
the years has become pivotal
in the ongoing case of Jane
Dorotik, a former San Diego
County woman who was
convicted in 2001 of murder-
ing her husband, Robert.
Much of the evidence in that
case relied on the lab’s work
on bloodstains, crime-scene
reconstruction and DNA.
Last year, after a team of
lawyersfrom the LoyolaLaw
School Project for the Inno-
cent had taken on an appeal
in her case and raised a se-
ries of issues about the lab,
the San Dieg o County dis-
trict at torney’s office con-
ceded that Dorotik did not
get a fair trial in 2001,erasing
the conviction.
Prosecutors want to put
her on trial again. Since
April, the two sides ha ve
been locked ina lengthy pre-
trial hearing. And while that
hearing has focused on the
Dorotik in vestigation and
the time period bet ween
2000 and 2002, defense law-
yers ha ve been able to un-
cover evidence about mis-
takes in the lab befor e and
after that time.
Their work led prose-
cutors to issue two “Brady
letters,” missives to the local
defense bar stating that the
work history of two former
criminalists — Connie Mil-
ton and Charles Merritt —
could affect their credibility
as witnesses. The pair
worked on hundreds of cases
in their long careers, though
the let ters did not specify
what cases, if any , could be
affected.
Merritt retired in 2013 af-
ter 31years in the lab. Milton
retired this year after nearly
25 years.
The Union-Tribune re-
viewed more than a decade
of audits and assessment
reports as well as internal
lab document s obtained
through the Public Records
Act and court records.
Although audits for
many years gave the lab a
clean bill of health, others
identified a variety of issues.
Many were seemingly minor,
like not having a record
retention polic y for audits,
or not providing documents
to support the conclusion
made by criminalists in a
case. Or citing a cockroach
problem in the forensic biol-
ogy section of the lab’ s for-
mer building.
Others were more seri-
ous. A 2014 audit by the
American Society of Crime
Laboratory Directors fo-
cused on a key part of the
lab’s work — “technical re-
views,” where another crimi-
nalist scrutinize s a report
prepared by a colleague for a
piece of evidence, such as a
DNA profile.
These ar e a standard
part of crim e lab work. But
the audit found“multiple in-
stances” where those re-
views “were not sufficiently
thorough to detect errors in
the reports” in the crime-
scene, fingerprint and trace-
evidence sections of the lab.
In its response at the
time, lab officials said they
would discuss the reports
that contained errors with
both the analysts and re-
viewers, issue amended re-
ports if necessary,and hold a
general meeting to go ov er
the technical review process.
The interna l documents
included a review of a spate
of errors involving switching
samples in the lab’ s DNA
section— essentiallyconfus-
ing one piece of genetic evi-
dence from a person with an-
other — between 20 12 and
2014 .
The labcommissioned an
internal review in June 2014
of five such incidents —
documented in interna l lab
reports known as “correc-
tive actions” — to determine
whether ther e were any
common trends or ways to
reduce the number of such
errors, according to the re-
port obtained by the Union-
SAN DIEGO — In 2018, a
team from the U.S. Justice
Department arrived in San
Diego for an audit of the San
Diego Regional CrimeLabo-
ratory to determine whether
the lab was meeting FBI
standards, allowing it to be
part of the nationa l DNA
database system.
The results were not
great. Auditors found that
security at the lab didn’t
meet FBI standards. The
reason: Keycards, electronic
passes that allow employees
access to the lab and certain
spaces within it,were not be-
ing kept track of.
Auditors found that a
master list intendedto track
which employees had key-
cards was outdated and un-
reliable. Internal records
showed half a dozen former
employees and private con-
tractors still had active key-
cards, even though they had
long ag o stopped working
there — in one casea card re-
mained active 14 years after
its last use. In others, the
time perio d ranged from
eight years to a dozen years.
Moreover, lab officials
could not b e sure that they
had collected the keycards.
The implications of suc h a
security lapse were poten-
tially huge, the report con-
cluded.
“This cr eated a height-
ened risk of improper access
to privacy information and
evidence by unauthorized
individuals, as well as com-
promising the chain of cus-
tody of the evidence,” audi-
tors wrote. “In addition, the
security of the laboratory
was put at risk.”
Embarrassed lab officials
did not contest the findings.
They noted that ther e was
no evidence the cards had
been used over the years.
And they said thing s would
be different in a few months
when the lab moved to a new
$107-million headquarters at
the county’s Clairemont
Mesa campus.
New building, ne w key-
cards and, they said , a new
policy would be in place by
August 2018. But it was not
until June 2020 that federal
auditors formally closed the
audit. That’s because it took
the lab months to provide
documentation to satisfy
auditors that they had fixed
the issue.
In an email response to
questions about the audits,
the San Diego County Sher-
iff’sDepartment said the de-
lay was because it was not
aware until December 20 19
that mor e information was
needed. Now, the statement
said, the lab does security
audits each quarter.
The keycard problem
was one of se veral that sur-
faced in a review of years of
audits and internal reports
of the county lab conducted
by the San Dieg o Union-
Tribune.
Overall, the years of au-
Tribune. But the review did
not turn up any such evi-
dence.
“With the exception of at-
tention to details, no one
common causecan be deter-
mined,” wrote Michelle
Hassler, the lab’s DNA tech-
nical manager.
The statement of the
Sheriff’s Department said
one of the cases reviewed
was a “data input error” and
another involved conduct-
ing “an additional DNA
analysis step than in-
tended.” It could not be de-
termined whether the errors
affected any cases from that
time. The documents did
not identify cases by name.
Suzanna Ryan, a DNA
expert and forensics con-
sultant, said sample-switch
incidents were a concern.
“That’s one of the most seri-
ous errors in a lab,” she said.
Even though no common
cause could be determined
and they happened nearly a
decade ago, the errors sig-
naled a problem.
“If they caught five,” she
said, “the questio n is: Are
there any oc currences they
did not catch?”
Botched testing errors
predated the sample
switches reviewed by Hass-
ler. In the 2011murder trial of
Marc Jernigan, court re-
cords that defense lawyer
Christopher Plourd ob-
tained had thr ee dozen
pages of lab records docu-
menting a variety of errors in
tests, many of them showing
criminalists contaminating
samples with their own
DNA, o r finding other un-
known DNA profiles in the
evidence.
Nearly all of the 38 re-
ports, from four analysts in-
cluding Milton from 2004 to
2008, ha ve a handwritten
note from a lab supervisor at
the bottom reading, “No fur-
ther action at this time.”
Plourd, now a Superior
Court judge in Imperial
County, argued at the time
that the documents showed
not only an issue with Milton
but also “an overall problem
with the San Dieg o County
Sheriff’s Department crime
laboratory as evidenced by
the errors that routinely
have occurred in the labora-
tory at and around the time
of the DNA testing done in
this case.”
The Sheriff ’s Depart-
ment said that when errors
are identified, the criminal-
ist’s work is reviewed to de-
termine the cause of the mis-
take, but that a review “does
not encompas s all work
done.”
Audits that disc over
problems ar e not unusual,
Ryan said. “Any lab you look
at, you are going to find er-
rors,” she said. “Most of the
time they are errors that are
minor or a one-time oc cur-
rence. You try to avoid
them.”
But Brandon Garrett, di-
rector of the Wilson Center
for Science and Justice at
Duke University School of
Law,said “labs are supposed
to have quality controls in
place to make sure they
don’t make mistakes.”
Garrett wrote a book on
faulty forensic science and
scandals in crime labs that
revealed botched testing,
falsified test results and
other errors. He said audits
only go so far.
“They are not a measure
of quality in the lab,” he said.
Audits generally don’t in-
clude techniques suc h as
checking cases randomly to
assess lab processes. He
said labs also needed to be
more transparent when er-
rors were found.
He said if a hospital lab
discovered a problem with a
piece of equipment or errors
by a lab worker, it would im-
mediatelycompile a list of all
the cases the equipmentwas
used on or the employ ee
worked on. “They would
have a list of all patients,” he
said.
When asked whether the
sample-switch errors af-
fected any cases, the Sher-
iff ’s Department couldn’t
say, and referred questions
to the district attorney’s of-
fice.
Even though prosecutors
notified defense lawyers
about Merritt and Milton,
the letters gave no specifics
about which cases, or which
tests, were flawed. Instead it
told lawyers who belie ved
they might ha ve a case that
was affected to contact a
specific prosecutor.
How many ha ve done
that is not known. A spokes-
man for Dist . Atty. Summer
Stephan said “a few defense
attorneys ha ve reached out
with questions,” bu t there
have been no mo ves to re-
examine cases.
Moran writes for the San
Diego Union-Tribune.
San Diego crime lab lapses come to light
AC RIMINALIST works with DNA samples at the
San Diego Regional Crime Laboratory in 2013.
Charlie N euman San Dieg o Union-Tribune
Audits and internal
reports detail security
shortcomings and
testing mistakes.
By Greg Moran
‘Any lab you look
at, you are going
to find errors.
Most of the time
they are errors
that are minor
or a one-time
occurrence.’
—S uzan na Ryan,
DNA expert and
forensics consultant
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Answer: The clockmaker’s apprentice would learn to build quality clocks over the —C OURSE OF TIME
Now arrange the circled letters
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suggested by the above cartoon.
THATS CRAMBLEDW ORDG AME
By David L. Hoyt and Jeff Knurek
Unscramble these Jumbles,
one letter to eac hs quare,
to form four ordinary words.
©2021 Tribune Content Agency ,L LC
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MUHBT
GYVOEA
SINARI
Ans.
here:
Culbertson at a loss for
what do next, other than
wait for action ona couple of
new city policies thatcould
beef up enforcement.
“Even the most liberal
folks, like me, have begun to
lose patience with the
homelessness situation,” he
admitted.
It hought about my
conversation with Culbert-
son while listening to Los
Angeles City Councilman
Joe Buscaino onTuesday,
as he pitcheda specious
ballot measure that would
bar homeless peoplefrom
sleeping or camping in all
public spaces if they have
turned down shelter or
housing.
“We all agree that the
only solutionto homeless-
ness is housing,” hetold his
fellow council members.
“Why would we continue to
allow someone to continue
to live on public property if
as afer, healthier alternative
is available? When we allow
camping in publiceven
when safer alternatives
exist, we’re allowing some-
one’s addiction to take their
lives.”
Buscaino wants to give
whoever is mayor the
authority to waive land-
use and zoningrules “to
urgently site homeless
housing projects” and ramp
up construction of emer-
gency shelters.
“Contrary to what you’re
hearing from advocates and
others, this is not crimi-
nalizing someone for having
no place to sleep,” he said
Tuesday. “If there’s no ap-
propriate shelter available,
there will be no enforce-
ment.”
Buscaino claims he is
being driven by“mercy” and
“compassion” for the tens of
thousands ofAngelenos
who are living on sidewalks
and under freeway bridges.
But he also isrunning for
mayor on a platform of
cracking down on encamp-
ments.
Moreover, he has a habit
of insinuating that many
homeless people won’t
accept help because they
are struggling with drugs or
mental illness when, in
reality, many are just too
poor to afford housing. So
there are plenty of reasons
to question the purity of his
motives.
It’s not entirely surpris-
ing, then, thatthe City
Council punted.
Rather than approve or
reject Buscaino’s request to
have the city attorney draft
language for his ballot
measure, they shipped itto
the Homelessness and
Poverty Committee for an
overhaul.
Some, including Council-
man Mike Bonin, were
particularly uneasy with the
measure’s focus on enforce-
ment and the prospectof
forcing homeless people, en
masse, into temporary
emergency housing.
“Do we want to solve
homelessness? Or dowe
want to address the prob-
lem of homeless encamp-
ments? Thisdoes the lat-
ter,” he said of the proposed
ballot measure. “Homeless
encampments are unac-
ceptable, and they’re un-
safe, and they’re unsanitary.
But the way to get rid of
homeless encampments is
to get rid of homelessness ...
by giving people housing.”
If only L.A.were ready for
all that.
In response to the coun-
cil’s action, Buscaino’s
campaign vowed to collect
the 65,000 signatures neces-
sary to put the measure
before voters on theJune
2022 ballot.
He also criticized his
colleagues in a campaign
email, saying they “are more
interested in the rightto
sleep on the sidewalk than
the right to housing.”
What’s striking about
this rhetoric is how similar it
is to what Sacramento
Mayor Darrell Steinberg has
been saying lately. And
Steinberg, incontrast to
Buscaino, is known in politi-
cal circles for havingcom-
passion for the unhoused,
both as author of Califor-
nia’s Mental Health Serv-
ices Act and asco-chair of a
statewide task force on
homelessness.
Earlier this month, the
mayor introduced what he
calls a “right to housing.” It
would require the city to
provide enough permanent
housing or, more likely,
temporary shelter — be it
sanctioned tent cities, hotel
rooms or tiny homes— for
every homeless person by
2023 or face possible law-
suits.
In return, homeless
people would be required to
accept whatever shelter or
housing is offered by out-
reach workers. No cops
would be involved.
Steinberg’s plan has
gone over better with the
Sacramento City Council
than Buscaino’s has with
the L.A. City Council. But in
both cities, homeless activ-
ists and progressives are
united in theiropposition.
“I understand the fear ...
that this isjust a hidden way
to deal with thetent en-
campment issueand clean
up the city,” Steinberg said
during a recent council
meeting. “My motive is not
to make life harder for peo-
ple; it’s to get people in-
doors, becauseI think living
outdoors in these tent en-
campments is horrible.”
And like Buscaino, he
has criticized those who
would defend the right for
people to sleep outdoors.
Indeed, up and down the
state, elected officials are
trying to figure out what to
do with encampments. The
degrees of aggressiveness
vary.But they all want to be
able to move lots of un-
housed peoplefrom where
they are to other mostly
temporary locations, and
then clean the streets.
The trend seems driven
by a collective understand-
ing that this (mostly)
post-pandemic reality of
homeless people living
everywhere is unsustain-
able. And more important,
it’s a tacit admission that,
despite the valiant poli-
ticking and taxpayer dollars
being spent, the permanent
and affordable housing that
California’s elected officials
keep promising asa solution
will likely take years, not
months, to build.
In that way, the differ-
ence between what Stein-
berg wants to do and what
Busciano wants to do is
basically splitting hairs. As
it is with what L.A. is al-
ready doing by authorizing
the clearing of specific
encampments around
parks and libraries after
offering all of the occupants
housing or shelter.
There are legitimate
questions about whether
any of this willturn out to
be legal. The Boise vs.Mar-
tin decision forbids the
ticketing or arresting of
homeless people for sleep-
ing or camping on public
property unless there is
shelter available as an alter-
native.
These answers willcome
in time. More immediately,
though, there are moral
questions that must be
answered by Californians.
Does it make sense to
pour most of ourresources
into permanent and afford-
able housing? Or does it
make more sense to invest
in emergency shelters,tent
cities and tiny homes?
Is it humaneto allow
people to live, get sick and,
too often, die in encamp-
ments, knowing they will
likely wait years for hous-
ing? Or is it more humane to
come up with legally dubi-
ous ways get people into
shelters, even if it’s some-
times against their will and
requires an intervention by
law enforcement?
Like Culbertson, I’m
conflicted. I realize it every
time I drive by those RVs
parked along Jefferson
Boulevard and see a home-
less person stumblefrom
between them into traffic.
Id o know that the crim-
inalization of homelessness,
whether issuing tickets or
something more drastic,
isn’t the answerto anything.
“I don’t know what en-
forcement means,” Culbert-
son told me. “I hope it
doesn’t mean arresting
people, because arresting
someone for illegal encamp-
ments doesn’t solve the
problem. It just moves the
problem from my houseto
your house.”
He doesn’t think clearing
encampments, a few at a
time, willy-nilly, is the an-
swer either. And I agree.
“Just moving someone
off the sidewalk doesn’t
solve the problem. It solves
the problem for the business
that has thattent on their
sidewalk, but it doesn’t
solve the problem for the
next business.”
The answer, Culbertson
says, is housing. Definitely
permanent and affordable
housing. Homeless people
deserve it, just like everyone
does. And homeowners
have to be willing to accept
it being built in their neigh-
borhoods.
But is ita realistic an-
swer? Can L.A. build hous-
ing at the scale and speed
that’s needed to make a
difference? He’s unsure.
“During the pandemic,
you’ve had to make allow-
ances, because there was
just not a lot anyonecould
do. But the city has a lot of
money to deal with the
homeless problem, and
there has beenvery little
permanent housing built.”
Culbertson sighed
deeply.
“I think we’re all frus-
trated.”
Patience wears thin over homeless camps
WEND Y LOCKETT ,s hown in June, lives in a camper in Playa del Rey. A proposed L.A. ballot measure would bar homeless people from sleeping or camping in public spaces if they ha ve refused shelter or housing.
Al Seib Los Angeles Times
[Smith, from B1]
OAKLAND — A security
guard has died after he was
shot while protecting a Bay
Area television news cr ew
covering a smash-and-grab
theft, part of a rash of organ-
ized retail crime in the
region.
“We are devastated by
the loss of securit y guard
and our friend, Kevin
Nishita. Our deepest sympa-
thy goes to Kevin’s wife, his
children, his family , and to
all his friends and col-
leagues,” KRON-TV Chan-
nel 4’ s vice president and
general manager, Jim Rose,
said in a statement Sat-
urday.
Nishita was an armed
guard for Star Protection
Agency and provided securi-
ty for television news cr ews
in the region, who ar e often
targeted by robbers for their
equipment.
He was shot in the ab-
domen Wednesday during
an at tempted robbery of
KRON-TV’s camera equip-
ment near downtown Oak-
land, police said.
The new s crew wa s cov-
ering a recent robbery in-
volving a group of thie ves
who broke in and stole from
ac lothing store.
Ar eward of $32,500 is be-
ing offered for information
that leads to an arrest in
Nishita’s killing.
Nishita was a police offi-
cer for the citiesof Hayward,
San Jose and Colma before
retiring in 20 18. The Alame-
da Count y Sheriff ’s Office
said deputies escor ted his
body from the hospital with
full law enforcement honors.
“This senseless loss of
life is due to ye t another
violent criminal act in the
Bay Ar ea. We hope that of-
fering a reward will help lead
to the arrest of thoserespon-
sible so they can face justice
for this terrible tragedy,”
Rose said.
The region has been
struck by or ganized retail
thefts in whic h bands of
thieves, some carrying crow-
bars and hammers , break
into high-end stores and
snatch merchandise.
Similar thefts ha ve been
reported in Los Angeles,
Beverly Hills and elsewhere
in the country.
At least eight thie ves
stormed a Home Depot
store in Lakewood on Black
Friday and grabbed ham-
mers, cr owbars and sledge-
hammers in the tool section
before dashing off in a get-
away vehicle, the Los Ange-
les County Sheriff ’s Depart-
ment said.
Four people who may
have participated in the
Home Depot theft were later
arrested in Be verly Hills
after officers stopped two
cars that were part of a cara-
van of vehicles driving
around the cit y’s business
district, Beverly Hills Police
Lt. Giovanni Tr ejo said. A
bystander called police after
seeing that some of thevehi-
cles did not display license
plates, he said.
Meanwhile, police in Los
Angeles arrested thr ee peo-
ple suspected of storming a
designer clothing stor e on
Melrose Place after stopping
av ehicle and seeing clothing
in plain vie w, LAPD Officer
Mike Lopez said. He added
that mor e than 10 people
ransacked another stor e on
La Brea Avenue.
Guard is fatally shot as TV news crew covers a theft in Oakland associated press
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