A series of reforms aimed at restoring credibility to the State Bureau of Investigation and upgrading scientific standards at the state's crime lab sailed through its first legislative test Wednesday.
The proposals, if adopted, would mandate a change in the SBI's culture to be more rigorous and unbiased. One symbolic but telling measure would change the name and mission of the lab to clarify that the crime lab works for the public and the entire criminal justice system, not just police and prosecutors.
The name of the SBI crime lab would change to the North Carolina Crime Laboratory.
"It's the public's lab," said Rick Glazier, a Fayetteville Democrat and bill sponsor. "It is not an arm of the prosecution."
The reform proposals seek to fix problems that have erupted over the past year. A News & Observer series reported in August about widespread problems at the bureau, including agents who bullied the vulnerable and analysts who pushed past the bounds of science to deliver results that bolstered prosecutions. An independent audit ordered by Attorney General Roy Cooper of the blood analysis unit pinpointed 229 cases tainted by analysts who omitted the results of confirmatory tests favorable to the defendant.
The audit was prompted by the case of Greg Taylor, who last February was exonerated of a 1991 murder, in large part because an SBI analyst withheld test results favorable to Taylor. An SBI agent's misconduct led in 2009 to a $3.9 million settlement with Alan Gell, a Bertie County man wrongfully put on death row. The bureau faces similar lawsuits that may result in even costlier outcomes.
The reform measures, approved unanimously by a House Judiciary subcommittee, include:
Mandating that the crime lab disclose all notes, data and test results. Employees of the SBI and other law-enforcement agencies who knowingly violate this could be prosecuted for obstruction of justice.
Requiring that all crime lab analysts be certified in their field and undergo training and proficiency testing.
Creating an independent N.C. Forensic Science Advisory Board consisting solely of scientists with expertise in fields such as DNA, chemistry, autopsies and toxicology.
Removing ASCLD-LAB as the sole accrediting agency for the crime lab. The Garner-based agency, which is run by former SBI agents, has come under criticism for not detecting systemic problems in the crime lab.
ASCLD-LAB was a particular concern of Rep. Angela Bryant, a Rocky Mount Democrat.
"They weren't doingdiddly-squat," Bryant said.
SBI Director Greg McLeod said that the SBI was hamstrung in the past because state law mandated the use of the Garner agency. He defended the accrediting agency, but said that being accredited by a second agency will bring higher standards to the lab. Work toward that has begun.
"We will be the second crime lab in the country to have dual accreditation," McLeod said.
The committee did not address the independence of the crime lab.
Rep. David Guice, a Brevard Republican and retired probation officer, said he was troubled by the potential conflicts because many of the lab analysts are sworn law-enforcement officers.
"As a sworn officer, you still have connections and a bond to that agency," Guice said. "Most people would question why scientists are certified law enforcement officers."
Rep. Mickey Michaux, a Durham Democrat, said the question of the lab's independence will be addressed when the bill goes to theSenate.
