Possible Tainted Evidence from ME's Office Concerns Public Defenders

The Oklahoma County Public Defender's Office is investigating whether any of the evidence they have used in criminal cases was mishandled by the Medical Examiner's office.

Tuesday, July 21st 2009, 8:30 pm

By: News 9


By Charles Bassett, NEWS 9

OKLAHOMA CITY -- After a grand jury report revealed the Medical Examiner's Office may have mishandled evidence for criminal cases, the Oklahoma County Public Defender's Office is investigating whether any of that evidence was involved in cases they handled.

The Medical Examiner determines if a death resulted from a crime. If so, any evidence collected has to be maintained for trial. A grand jury investigation lead by the Attorney General's office found "items of evidentiary value" were not treated as evidence. The grand jury's report said some employees took drug paraphernalia from the deceased and displayed the items on their desks. The ME's office said safeguards are now in place to prevent things like this from happening again.

"We stand by our work. We have not heard from any district attorneys around the state with any questions about our work," said Cherokee Ballard, State Medical Examiner's Office Spokesperson. "Those things are not happening here now."

But the fact that they did happen in the past has Public Defender Bob Ravitz concerned.

"In a lot of homicide cases, forensic evidence is important in either acquitting somebody or somebody being convicted. If that evidence is tainted, then there are serious concerns about the reliability of any conviction," Ravitz said.

Ravitz said he will send a letter to the Attorney General's office asking that they identify the cases where the evidence was mishandled.

"We're hopeful that the Attorney General will give us the information or might even look into the cases himself," Ravitz said.

NEWS 9 Legal Analyst Irven Box said some of those cases may end up back in court.

"Defense attorneys are going to say, 'hey look, some of the past evidence maybe in the appeal cases or some of the ones that have been examined in the last months may not be credible.' It affects the credibility of the evidence,'" Box said.

The Attorney General's office said should they be in possession of any evidence that could be used to prove innocence, they will readily turn it over.

Oklahoma County District Attorney David Prater said he has looked at the report and will be able to comment on it in a couple of days.

Two sealed grand jury indictment will be revealed this week. On Thursday, one sealed indictment will be opened in Tulsa. Another indictment will be opened on Friday in Oklahoma City.

More on News9.com:

- Medical Board Meet to Discuss ME's Office Allegations
-
Sealed Indictments to Be Opened
- Grand Jury Rebukes Medical Examiner's Office 
- Read the Grand Jury's Full Report (PDF) 
- Oklahoma ME's Office Loses Accreditation
- OSBI Investigates Medical Examiner's Office

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