Colorado prosecutor doesn't mince words about state DNA testing failures and high costs to the taxpayers
Questions about trust and safety have been a top conversation among leaders in Colorado's criminal justice system this year, including in Boulder County District Attorney Michael Dougherty's office.
He spoke candidly about with CBS News Colorado about the unprecedented allegations against a former forensic analyst at the state's crime lab that he says will likely have implications far beyond the list of cases the state originally said were impacted.
Yvonne "Missy" Woods retired in November amid an internal affairs investigation against her. This summer, officials at the Colorado Bureau of Investigation – or CBI – completed the internal affairs investigation and reported that Woods cut corners on major crime cases for more than a decade.
"I was shocked, because I think highly of the Colorado Bureau of Investigation, the state lab, and the work they've done throughout my years as a prosecutor," Dougherty said. "I've had the opportunity to work with the DNA analyst in question, and I had always thought highly of her."
Something else that shocked Dougherty: how much money Woods made in overtime hours she clocked from 2007 to 2023, time in which the internal affairs report says she was allegedly accomplishing shoddy work.
According to court documents obtained by CBS News Colorado, Woods made about $500,000 in overtime pay during that time period.
"This conduct is outrageous," Dougherty said. "Your viewers should be incredibly concerned when they hear that the state lab had issues with integrity, misconduct, falsifying data and tampering with results, and the dollar amount on top of it is incredibly concerning."
A criminal investigation into Woods' alleged misconduct is still pending. According to court documents obtained by CBS News Colorado, defense attorneys in cases Woods previously worked on are now fighting in court for copies of the criminal investigation reports. They have not yet been released.
Dougherty says he's eager to see the results.
"I want to know more about the protocols that were not complied with here and how in the future, they can ensure that they have safeguards in place so that people can trust the DNA evidence that's presented," Dougherty said. "The entire situation is concerning. I'm looking forward to CBI being in a position where they could share more information."
The internal affairs report also says other leaders at CBI were told about it in 2014 and 2018, yet Woods continued working.
"I need more information before I can make a conclusion, and I look forward to having that information, because I think it's really important to keep in mind that if there was any indication that there was misconduct in 2018, there were a lot of cases between 2018 and the end of 2023 that were analyzed by Missy Woods, that were impacted by Missy Woods, and we have an obligation to victims and defendants to make sure that information is thoroughly explored and then shared out by CBI," Dougherty said. "So, I know they're doing that now. I know that process is underway, but it can't end soon enough."
Asked if he has lost trust in CBI's competence, Dougherty replied, "this analyst's conduct is completely outrageous and concerning, but I don't look at it as an indictment of all of CBI. I know too many people who've done good work there for a long, long time to say that."
While CBI says more than 600 cases were affected by Woods' alleged DNA manipulation, Dougherty says he's already started receiving notices from convicts in other cases not on the list who plan to challenge their convictions in court.
"Anytime we get a post-conviction motion of that nature, even if their name, even if the defendant's name is not on the list, and even if we're fully confident that the first time around the case reached the right result, you can picture the impact on a victim's family when they get the phone call on a murder case, that we have to go back and litigate this motion and possibly retest the evidence, and that's the ripple effect that we're going to see for a long time," Dougherty said. "I think that's the challenge, that people don't necessarily foresee with this, which is if someone's sitting in prison and if they're sentenced to many years, if not the rest of their life in state prison, the fact that CBI says your case is not on the list is not going to be the end of it for them... they're going to want to make sure that their evidence is retested, reanalyzed, and if appropriate, relitigated."
It's not just giving convicts hope.
Some loved ones of victims in cold cases hope the debacle at CBI could open the doors for a path to eventually finding their family member's killer.
Duane Holman is one of those people. He hopes the DNA evidence could be retested in the murder of his brother, James "Jim" Holman.
"February of 1992, Jim was found murdered in his apartment in Denver," Holman said. "The healing's never complete, that's just something you never get over."
Dougherty said that could be a potential silver lining to the situation.
"I think that makes a lot of sense that people who are really depending greatly on DNA results to ensure that justice is done, and that applies to a victim's family and a cold case homicide, and having worked cold case homicides myself, I know that carrying that trauma for all those years and all those unanswered questions could be unbearable for families," Dougherty said. "So, it makes sense to me, and it comes as no surprise that they'd want to know that CBI is willing to open up test results, go back, and test those items of evidence as well, to make sure that if there's any answer to be found, they can do it."
But retrying cases and retesting evidence is going to be costly to the taxpayers. Already CBI has requested $1 million from the state's general fund to help prosecutors pay for the fallout.
Dougherty says the overtime pay Woods received just adds insult to injury.
"I think it's going to have to be part of what the criminal investigation and the internal investigation continue to explore," Dougherty said.
In the meantime, Dougherty says his office has had several conversations with CBI about its ability to handle DNA testing in new crimes committed moving forward, and he says for now, he has faith that the agency can deliver accurate and ethical testing, but that's something he says his office will continue to monitor.
"We're going to continue to evaluate it really carefully," Dougherty said. "I want to make sure that when we have someone who's being investigated for criminal charges, and perhaps prosecuted for that crime, that we have the right results and that we have sound analysts that can hold up in court, and make sure that we have the integrity built into the system that that we need to make sure we're doing justice."
Woods' attorney, Ryan Brackley, provided the following written statement to CBS News Colorado:
"Every criminal defense attorney has an obligation to determine if the CBI issues should impact each of their clients' cases or even change the outcome of any case. Ms Wood's will not comment on assertions made in any open cases, particularly as to contested issues in any such case. Ms Woods continues to cooperate in any internal or external investigations regarding her work.
In cooperating with investigators Ms. Woods spoke about the burn out and work-related stress and trauma that she felt in the last years of her almost thirty-year career with the Colorado Bureau of Investigation.
She brought those concerns to CBI lab management in 2018 when they first became aware of the anomalies in her work and asked to be reassigned away from lab work.
Nevertheless, Ms. Woods was not reassigned away from lab work, but continued to be assigned to the most high profile, demanding, time consuming and emotionally draining work.
Throughout this entire period of time, CBI management continued to recognize her for her hard work and productivity while also no paying attention to the warming signs that she was suffering from the stress, trauma and burn out from this work."
CBS News Colorado asked Dougherty about his thoughts on Woods' concerns regarding burnout and high-stress levels while working at the agency.
"I will say, for everyone working in the justice system, we work incredibly hard and work with difficult sometimes horrific cases, and you hope that every office and agency, including CBI, have the support in place to make sure their mental health and well-being of their employees is taken care of, so that they continue to be entrusted with their responsibility and live up to that responsibility," Dougherty said. "So, I'm not sure when she says burnout, what that really means for her. What I will say is the consequences are so severe that I would hope that this never happens again."
CBI referred to its previously posted statement earlier this summer for comment to this story. The statement reads in part:
"In response to the discovery of Woods' actions, the CBI is in the process of a comprehensive review of all of Woods' previous work to ensure the credibility of all laboratory results. CBI's Quality Management team continues to diligently review Woods' work. Currently, 654 cases have been identified as affected by Woods' data manipulation. A review of Woods' work from 1994 to 2008 remains underway. Based on the CBI IA investigation's outcomes, CBI is evaluating and already implementing changes to enhance the integrity of its testing processes and results. Policy changes have already been implemented to address the specific vulnerabilities exploited by Woods.
Further, CBI conducted an internal review of the results of current and former DNA scientists at CBI-accredited labs throughout the state to guarantee the accuracy and completeness of its records. CBI continues to seek outside perspectives to enhance the integrity and reliability of its forensic testing processes and will continue to make improvements consistent with industry best practices.
"While the focus of the IA addressed Woods' misconduct, we acknowledge that it took too long to detect ongoing intentional manipulation of our Lab system," said Schaefer. "We are in the process of identifying an external vendor to conduct an organizational review to ensure that our forensic services procedures and systems adhere to CBI's high standards."
The assessment will ensure laboratory-wide adherence to industry best practices, scientifically sound policies and procedures, and proper management and oversight.
Throughout this comprehensive investigative process, CBI Forensic Services has maintained open communication with its accreditation body to safeguard its accreditation status.
Further details regarding these changes will be provided upon completion of the process.
In summary:
Commitment to Integrity: CBI reaffirms its unwavering commitment to accurate and trusted forensics testing. We are dedicated to maintaining laboratory testing integrity and upholding public trust.
System Manipulation: Yvonne "Missy" Woods was able to manipulate the DNA testing system. Ultimately CBI detected Woods' manipulation and removed her from her position.
Comprehensive Review: CBI is currently conducting a thorough review of all Woods' cases to ensure accuracy in the results. Policy changes have already been implemented to address the specific vulnerabilities exploited by Woods.
Process Improvement: CBI is reviewing its processes and procedures to prevent similar manipulation from occurring in the future. Additionally, a third-party organizational assessment of our forensic services procedures and management structures will be completed.
In order to protect the integrity of a pending criminal investigation, no further information can be released at this time."
