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07/13/2010 07:14 PM

Fallout in DNA lab investigation delays criminal case

By: John A. Salazar

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Randall Scott Jordan stands accused of raping and beating a woman at a South Congress motel in 2008. Now an investigation into the Austin Police Department DNA lab could alter the course of Jordan’s case.

On Tuesday, the prosecution in Jordan’s trial told District Judge Bob Perkins that DNA from the crime scene could help convict the ex-convict.

Jordan was on parole from prison at the time of the assault.

Defense attorney Stephen Orr argued in court that outside DNA expertise is needed to evaluate work environment procedures and lab testing protocol at APD's DNA forensic lab.

APD's crime lab has recently come under fire after former DNA analyst Cecily Hamilton filed more than 40 complaints against the department, saying lab workers don't get adequate training, management is poor and at least one employee cheated on a competency test.

On Tuesday, news surfaced that another lab worker, Diana Morales, accused Hamilton of contaminating the lab.

In internal memos from the City of Austin, DNA crime lab staff member Morales wrote that she learned of a lab process "contamination" performed by Hamilton. Morales added that "a mistake is a mistake."

Defense attorney Orr argued that any possibility of contaminated DNA or improper DNA handling at the Austin Police Department lab would not allow his client a fair trial.

"There are allegations of employees of the Austin Police Department that there is sample contamination. I want to see the contamination logs and see if any of this applies to Mr. Jordan," Orr said regarding his client's case.

Tuesday, Judge Perkins allowed the defense to hire its own expert to review the DNA process in Jordan's case.

Last week in a news conference, Travis County District Attorney Rosemary Lehmberg said she supports hiring an outside forensic expert to review the DNA lab run by APD.

"They're going to look at the administrative process, and the mechanical process of testing, and do their own statistical analysis of this, and tell us whether or not the Austin Police Department has been doing their job or not doing their job over the past years," Orr said.

Jordan remains in jail while his case is pending.

The defense told News 8 Austin they will hire Orchid Cellmark Inc. to review Jordan's case. Orchid Cellmark Inc. was hired by the Houston Police Department to correct its own DNA lab problems in 2003.

Jordan's case is the first case out of a potential 2,000 that may be up for review.

Phone calls from the Travis Count District Attorney's Office were not immediately returned regarding the Jordan case. The prosecutor in this case, Mona Shea, refused to comment, citing it would be improper in a pending criminal case.