Former Colorado sheriff assails events leading to killer's plea bargain: "I do not think that's justice"
Another criminal case, impacted by the Colorado Bureau of Investigation's ongoing DNA scandal, will lead to a lenient plea bargain for a convicted killer. The former Douglas County sheriff who oversaw the criminal investigation into Michael Jefferson is bristling at what has now happened to a case he considered airtight.
"There is no doubt, this is the guy", said Tony Spurlock, the former Douglas County sheriff who retired in 2023. He was talking about Jefferson, who pleaded guilty in August to felony murder and a violent crime for the November 1985 murder of Roger Dean. Jefferson had been charged with first-degree murder and if convicted at trial, could have spent life in prison.
But Douglas County prosecutors, apparently concerned that their case had been tainted by questions about DNA processing at the Colorado Bureau of Investigation, agreed in August to a plea deal with Jefferson, allowing him to plead guilty in exchange for facing no more than 32 years in prison when he is sentenced in January.
"I do not think that's justice for the murder of Roger Dean," said Spurlock. "The victim's family is left hanging out on the edge. I do know they are disappointed."
It is at least the second murder case impacted by the CBI's DNA fiasco, leading to a lenient plea bargain.
In September of 2023, the CBI said it became aware that its top DNA scientist, Yvonne "Missy" Woods, had conducted DNA testing that the agency said, "deviated from standard operating procedures." CBI said it found Woods "omitted material facts in official criminal justice records" and "tampered with DNA testing results by omitting some of those results."
Woods retired from CBI in November 2023 after the agency said she had apparently "cut corners" for years with DNA testing. An estimated 800 criminal cases have been impacted by Woods' substandard work and multiple investigations are ongoing into her possible criminal culpability, the tainted cases, and the CBI protocols.
The CBI acknowledges that in both 2014 and 2018, Woods' colleagues reported issues with her work, but in both cases, she retained her job and continued DNA testing.
Spurlock says he believes in the American criminal justice system, but said, "This is one of the flaws." He said he is planning to speak at Jefferson's sentencing and ask that the defendant get the maximum under the plea deal- 32 years.
Also this week, the American Civil Liberties Union and the Korey Wise Innocence Project wrote to the CBI, criticizing the agency for the Woods' case, how it has been handled, and the scope of CBI's investigations into what occurred.
"CBI has been incredibly opaque about the scale of this misconduct and their processes for addressing it," said Emma McLean-Riggs, a senior staff attorney for the ACLU Colorado branch. "The agency is just replicating the mistakes in the past in handling this misconduct," said McLean-Riggs.
On Friday the CBI responded to the ACLU letter with the following:
In response to your letter dated November 12, 2024, the Colorado Bureau of Investigation has communicated and collaborated with multiple partners to ensure accountability in this investigation and compliance with our responsibilities under this grant. We have implemented improvements across Forensic Services, and we are looking forward to instituting additional improvements with the insight of the independent external assessors who will conduct a full assessment of our laboratory operations.