Prosecutors like to hide the ball

CBI evidence tampering is just one example

DENVER – March 13, 2024 – It isn’t surprising to us that prosecutors’ favorite “expert” witness is accused of playing games with the evidence. Defense attorneys know that evidence is selectively collected by police, tested in ways that have proven to be dubious, and presented to juries as if they are scientific proof.

And juries, thinking they are in an episode of “Law & Order SVU,” buy it.

Casey Krizman, founder of Krizman Law, has said in television interviews (9News Denver and KOAA News5 Colorado Springs) that the Colorado Bureau of Investigation scandal is just the tip of the iceberg. He has been vocal ever since an independent investigation revealed that CBI analyst Yvonne “Missy” Woods manipulated evidence in hundreds of cases going back almost 30 years.

“There are jury members watching the news today, remembering the testimony of Missy Woods, who must be wondering: ‘Did I convict the wrong person?’” Defense Attorney Casey Krizman, CEO of Krizman Law. “They and the public will no doubt be alarmed to find out how often people are railroaded by tainted evidence.”

Police body cameras don’t get turned on or “malfunction.” Evidence is mishandled or incorrectly interpreted in crime labs. Analysts who want to help the police “make” their case squint real hard to draw a conclusion. Evidence that favors the defendant is overlooked or ruled inadmissible. Blood and hair evidence, bite marks, footprints – even fingerprints – have been found to be less conclusive than prosecutors say they are.

“Some of this is human error, some of it is bias, and some of it is fraud,” Krizman said. “No matter the cause, it results in injustice. And 99 times out of 100, it goes against the accused.”

The CBI scandal is concerning. More than 600 criminal cases are being questioned. But there are likely thousands more plea bargains at stake. A defendant, looking at a CBI report, may choose to plead guilty rather than take the chance the jury will believe the “expert.”

“I have dug through my files and found three clients on whose case Missy Woods was an analyst,” Krizman said. “I must wait for the CBI investigation to conclude before determining whether or how those clients’ cases can be repaired. Meanwhile, Krizman Law has received many calls from people asking us to look into their case.

“If the public gains anything from this scandal, I hope it is a greater understanding of the mountains that the accused have to climb when the state brings down its full weight,” Krizman said. “If you’re a juror, look critically at ‘scientific’ evidence. When you vote, don’t fall for ‘tough on crime’ ideas whose success is measured only by how many more people will be put in jail. And if you’re accused of a crime, make sure your attorney will comb through all that evidence and challenge the authorities to get it right.”