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HPD expert’s
evidence is suspect

The criminalist may
have been submitting
faulty DNA reports

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By Rod Ohira
Star-Bulletin

Honolulu police are investigating allegations that a serology expert in its Scientific Investigation Section has been submitting faulty DNA evidence reports to prosecutors.

The criminalist who is under investigation has a "consistent pattern of trying to fit the crime to the suspect" without employing basic scientific test controls, sources told the Star-Bulletin.

There are reports going back six or seven years and it may be difficult to determine exactly which ones are faulty, the sources said, adding that "it just throws everything under suspicion."

Deputy Prosecuting Attorney Rom Trader sent out letters to local defense attorneys advising them of the HPD internal investigation.

"I think we have to be fair if there are problems with certain aspects of the process," Trader said.

Chief Lee Donohue said yesterday that Internal Affairs found no criminal wrongdoing by any Scientific Investigation Section employees.

But a separate Internal Affairs administrative investigation is focusing on one employee who is still working, Donohue said.

"The preliminary findings of the administrative investigation shows that in one instance, one of our employees may not have followed appropriate procedures when conducting an analysis," he said.

"We want the public to know that we believe that this is an isolated incident and this does not mean that any other evidence and tests conducted in our serology lab have been compromised."

The case in question affects Keith Murauskas, who is scheduled for trial in early September for second-degree murder.

Murauskas and Edward Martin, who has agreed to testify against Murauskas, were charged with beating taxi cab owner Paul Salazar to death in April 1999 and stealing a safe containing more than $400,000 cash.

Attorney Mark Worsham has been representing Murauskas but said his client does not plan to retain him.

"I've recommended that he ask for a continuance until this matter is resolved," Worsham said. "I'm told that after taking blood samples from Mr. Murauskas and Mr. Martin, the vials were mislabeled.

"It's hard to believe this error was not caught sooner."

After learning of the investigation, Worsham requested a continuance yesterday for another client, Slava Allen Keermann, who is accused of kidnapping and raping a Pearl City woman in 1997 near the Waiau power plant.

"Mr. Keermann has been saying for years that there's a problem with the DNA evidence," said Worsham, who succeeded in moving the trial back to Jan. 29, 2001.

"He says the fingernail scrapings they took from him and (co-defendant) Phillipe Rousseau were put in the same container.

"I give kudos to Rom Trader for letting us know about the investigation."

Trader, who heads the Sexual Assault/Juvenile Offender/Domestic Violence Division, and Jean Ireton are prosecuting the Murauskas case.

Trader said he only recently learned about the allegations of impropriety in the serology lab.

"We found out about it during preparation for the Murauskas case," he said.

According to sources, a Scientific Investigation Section employee reported the problem to prosecutors.

"The complaint filed with prosecutors was for inappropriate behavior," Donohue said. The "error" was observed by a criminalist taking notes of the procedure being used, he added.

DNA is only one piece but a significant part of the Murauskas case, Trader said.

"The good thing about the investigation is it creates certain issues that need to be addressed. We want to make sure our ability to use DNA evidence is not jeopardized."

Donohue said police are looking at the possibility of having an independent review done on the Scientific Investigation Section to see whether any procedures and practices need to be changed.

The section has been headed by a civilian for several years.