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August 12, 2008

Integrity is doing the right thing, even when no one is watching

In June, the Texas Court of Criminal Appeals created the Texas Criminal Justice Integrity Unit. The goal of the 13-member unit is to address the growing concern surrounding the state's criminal justice system. The unit if made up of judges, prosecutors, defense attorneys and a member of Governor Perry's office. Judge Barbara Hervey of the Court of Criminal Appeals is the chair.

One of the goals of the unit is to develop a mobile DNA lab to conduct "spot checks" on the various DNA labs around the state. Michael Bromwich, a partner in Fried Frank's New York office, has agreed to develop the protocol for this new Traveling Willbury Crime Lab.

So let me get this straight. The state needs a traveling DNA crime lab to make sure all of the other DNA labs are doing their jobs correctly? What happens when the Traveling Willbury Crime Lab rolls into town and discovers the testing is substandard? Are all of the results for that day thrown out? For the week? For the month?

Are the names of the Traveling Willburys going to be made public? I have a feeling they might well spend more time in court testifying than on the road.

State Senator Rodney Ellis of Houston Democrat fame is also a member of the TCJIU. He is seeking to address problems with eyewitness identification. You and me both. According to recent statistics, 28 of the 34 inmates to be exonerated in Texas involved "strong" eyewitness identification evidence. Whoops.

It kind of makes you feel all warm and fuzzy that we even need a criminal justice integrity unit, huh? I always thought the justice system was supposed to be the integrity unit. But what the hell do I know?

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Thank you very much for this useful article.

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