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07/27/2010 06:48 PM

Judge to decide if DNA lab controversy warrants retest

By: John A. Salazar

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The 331st District Judge is hesitant is allow an outside forensic expert to retest DNA in a criminal case.

Randall Scott Jordan's attorney has called into question DNA evidence in his client's criminal case, based on allegations of wrongdoing at the Austin Police Department crime lab.

Jordan stands accused of raping and beating a woman at a South Congress motel in 2008. He faces charges of aggravated assault, aggravated sexual assault and aggravated kidnapping.

District Judge Bob Perkins said DNA evidence collected at the crime scene may not be needed at trial.

Earlier this year, former APD DNA analyst Cecily Hamilton wrote a lengthy memorandum to the city, detailing dozens of internal problems at the APD crime lab. Hamilton cited 40 problems at the crime lab, some of which brought APD under fire. The complaints also resulted in an outside investigation to review as many as 2,000 cases.

A coworker of Hamilton's, however, had accused her of DNA contamination in the lab. Hamilton did, at one point, do DNA testing in Jordan's case.

Defense attorney Stephen Orr said any investigation done by the government should not be taken for granted.

"Anything they are saying about this, we need to not take it for face value. But we need to do our job and look at the evidence they have against any citizen of this country," Orr said.

The state has argued that there is nothing wrong with those tests.

"It seems to me what they wanting to look at the issues that were raised in the APD memo, those issues have absolutely nothing to do with the validity of the results in this case," Assistant District Attorney Mona Shea said to the judge. "So, to waste time and money and energy retesting in this case makes very little sense."

The judge will make a ruling Thursday about retesting the DNA evidence. If convicted, Jordan faces life in prison.

The case marks the first to see DNA evidence brought into question over the APD DNA lab controversy.

Chief Art Acevedo has publicly denied Hamilton's allegations, saying the DNA lab is an organization the City of Austin can be proud of.

The Travis County District Attorney's office was notified by APD of the accusations. In turn, the DA's office notified the Texas Forensic Commission, as required by law.

The Texas Rangers have been assigned to investigate APD's review of the facility. The U.S. Justice Department is also reviewing the lab's forensic practices, however, in a matter unrelated to the current controversy.