The Lab is F'd Up

Explicit content warning

08/06/19 • 54 min

F'd Up

The Lab Is F'd Up
Recap
Written by Brandi Abbott.

This week’s episode starts with a quick reminder of where Priya, Jess and Keith left off last week. Duane Deaver had just revealed that he hadn’t reported tests confirming that the spot on Greg Taylor’s truck was not blood. Deaver said that the systems that were in place told him to write his reports the way he did and he was just following protocol. We’re reminded that in the NC SBI Crime Lab there was a practice in place wherein analysts could and would withhold secondary tests that confirmed a substance initially believed to be blood... was not blood. The Attorney General at that time, Roy Cooper, ordered an audit of the lab but that would take months to complete. During that time investigative journalists for the News & Observer had begun looking into the lab and published a 4 part series called “Agent’s Secrets”. The SBI director was quoted as saying, “if any questions are raised, at the time the SBI goes backs and checks. Our goal is to be accurate and find the truth. There is no hidden agenda.” She stated this in response to three other convictions in 2005 where the SBI Crime Lab had bungled evidence - five years before Greg Taylor was released from prison.

At this time, lawyers filed a complaint accusing the SBI of royally F’ing these three cases up. One of the lawyers who was a defense lawyer in one of the three capital cases, Diane Savage was the chairman of the Forensic Science Task Force in the criminal defense section of NC Academy of Trial Lawyers. She hoped that there would be a full investigation and that they would shut down the lab until they came up with better quality control.

One of the three aforementioned capital cases was a woman named Leslie Lincoln who lived in North Carolina and moved back in with her mother, Arlene, after she went through divorce. In 2002, she had finally started getting her life back on track. She had a job and a new place and everything was really looking up. On March 17th of 2002, Leslie went to do some errands and her mom and brother, Duffy, were at Arlene’s home watching basketball. Duffy left around 4:30. After her errands, Leslie stopped back in to see her mom. She left around 7:30 and stopped at Walmart for dog food on the way home, which was confirmed by several surveillance cameras.

The next night Duffy went to his mother’s house where he found the door unlocked and poor Arlene Lincoln’s body in her bedroom on the floor. She had been stabbed over 30 times.

At this point we know that the SBI is not unbiased. Priya gives us some background into the establishment of the SBI lab and tells us that the lab’s link to law enforcement plays heavily into all of the cases F’d Up will cover, but especially into the case of Leslie Lincoln.

Arlene led a pretty active life. When her neighbors noticed she hadn’t been in her yard, they thought it was weird and called Duffy. Duffy went to check on her, discovered her body and called 911. There were three footprints in the blood by her body and quite a bit of evidence left behind. The police took several things from her home for evidence. They later learned that her credit card was missing. They discovered there had been no forced entry and the killer had had an intense fight with Arlene, one of the stab wounds to her neck was fatal. The police didn’t check Leslie and Duffy for wounds until later that week but they fond none. Duffy’s wife, Sharla said she can remember the day when Leslie realized she was the prime suspect. Initially there had been an inexperienced investigator on the case but within a few days he was replaced by Detective Ricky Best. He had a reputation as a detective who saw the big picture. For some reason, he locked onto Leslie as a viable suspect and about six months after Arlene’s death, the Greenville PD arrested her. She thought she was going in for questioning - then the police chained her to a wall and told her she was under arrest. Soon after the DA filed notice that he would be seeking the death penalty. Leslie was jailed under no bond. She said that for the first three days, they put you in isolation to make sure you don’t hurt yourself and she cried for three days straight. Those three days turned into three years.

Priya takes over to tell us about how she and Jess have spoken with a few former SBI agents from the lab. One of the agents told her that he had been in law enforcement for over thirty years and “insinuated things would happen to her if she wasn’t on the up and up”. Jess mentions that it’s telling that he considers himself a law enforcement agent instead of a lab technician. Jess also remembers him saying that “he’s the one who wears the white hat”. This isn’t comforting as he’s supposed to be the guy looking at the evidence and pulling out facts objectively. In 2009, the National Academy of Science issued a report with recommendations, one of which was that forens...

The Lab Is F'd Up
Recap
Written by Brandi Abbott.

The next night Duffy went to his mother’s house where he found the door unlocked and poor Arlene Lincoln’s body in her bedroom on the floor. She had been stabbed over 30 times.

Previous Episode

The System is F'd Up - Part Two

The System is F'd Up Part 2 - Recap
Written by Brandi Abbott

This week on F’d Up, the story of how Greg Taylor was wrongfully convicted continues. Priya begins by telling us that in the late 1990s North Carolina had two student ran “Innocence Projects,” these were the University of North Carolina Innocence Project and the Duke Innocence Project. The projects were receiving a lot of the same letters so some people had the idea to start The Center on Actual Innocence to coordinate the work done by each innocence project. In 2000, it was incorporated as “The North Carolina Center on Actual Innocence or the NCCAI. Keith asked if they only deal with death penalty cases to which Priya and Jess say no.

Jess begins telling us about Chris Mumma. When Chris was younger she was a juror on a death penalty case and had never really given much thought to the death penalty before then. After she had her three kids, she decided to go to law school to study corporate law. However, a death penalty case really stuck with her so she interviewed her fellow jurors and wrote a paper on it. After law school, she clerked at the North Carolina Supreme Court, during which, she became friends with Chief Justice I. Beverly Lake Jr. While there, Chris saw a lot of cases come through, and was concerned about whether some people were actually guilty. She tried bringing it up with one of the Justices and a few clerks but it became clear that after the case is over, the idea of guilt or innocence is off the table. One case in particular stood out to her, she was concerned about how someone could be in jail for 30 years for a crime they didn’t commit. With her background in finance and efficiency, she was surprised at how chaotic the justice system is and the major lack of checks and balances. In 2001, she found out that the two universities were starting the NCCAI and she ended up running the North Carolina Center on Actual Innocence – and still does.

The NCCAI receives about 650 applications per year - either from inmates or from the family of inmates. When Chris receives all of the materials, she goes over them and decides whether they’ll be taking the case into “Further Review” which would involve obtaining all court files from the case. Once those are reviewed if it’s still looking like the convicted person is innocent it goes into “Investigation”. This stage is about more hands on work like going out interviewing people, tracking down anything that may help them understand all aspects of the case – and whether they may encounter any issues if they choose to pursue it further.

In 2002, Chief Justice I. Beverly Lake Jr., Chris’ friend from the North Carolina Supreme Court established The Criminal Justice Study Commission after some highly publicized exonerations. Jess says he realized some shit was going down. This study commission reviewed police and prosecution procedures for factors that contributed to wrongful convictions in an effort to see why these wrongful convictions were happening.

Within a few years they decided that what they needed was to establish an independent state innocence inquiry commission. Priya jokes that they really needed to establish another acronym. They established the Innocence Inquiry Commission, the purpose of which is to review credible post conviction cases wherein the convicted person claims wrongful conviction.

Jess takes us back to Greg Taylor and reminds us that where they left off in the last episode is with Ed Taylor having gone to visit his son in prison and he’d told him they were out of resources and options – and it was likely Greg would not be getting out of prison. Around this time in 2006, Ed went to the general assembly hearing that was determining if the Independent State Innocence Inquiry Commission would be created. It passed and was created, officially going into operation in 2007. Because everything is connected in North Carolina, the NCCAI sends their cases to the Independent State Innocence Inquiry Commission. Priya tells us that according to the website the Commission is separate from the appeals section of the justice system and that when a person is declared innocent through it they can not be re-tried at any point for the same crime.

When the commission was established Ed Taylor managed to get a written document into the hands of someone having dinner with Chris Mumma. Chris started reading Greg’s story and was blown away, she realized he had applied to the NCCAI but because they had such a large stack of applications, they just hadn’t gotten to his yet. When she reviewed his case she noticed all of the red flags from the way his case was processed. It was clear to her that though Greg and Johnny were just together by chance, law enforcement had actually been after Johnny Beck, but were trying to get to him through Greg. Keith asks if it was because Johnny was a big time drug dealer and Priya and Jess answer that they di...

Next Episode

Cheating is F'd Up - Part One

Cheating Is F'd Up Part One Recap
Written by Brandi Abbott

This episode starts with a content warning for sexual assault/domestic violence/violence.

In 2010, while the NC SBI Crime Lab audit was happening, a defense attorney named Brad Bannon was concerned about a recent case of his. Brad was the type of lawyer who always thought just 30 more minutes of work would break the case – those 30 more minutes would often turn into hours, days and even weeks. The infamous Duke Lacrosse Rape Case was one of these. A woman accused David Evans, Reade Seligmann, and Collin Finnerty of sexual assault. Then District Attorney Mike Nifong supplied thousands of pages of DNA evidence done by an independent lab because he didn’t like that the SBI investigation revealed that the boys were innocent. Brad noticed that the images of the DNA didn’t match and did a ton of research into DNA so that he could understand it. This led to him being able to tear apart the expert witness in court and the boys were found not guilty. So, that’s the kind of lawyer Brad is.

In 2007, Kirk Turner was a successful dentist who had been married to Jennifer Turner for 23 years. Jennifer was a horse lover who wanted to start a breeding farm. She had nine horses and this took up a lot of her time, and occasionally Kirk would help her out after work. Everyone was shocked when Kirk announced he was leaving Jennifer and their daughter asked him if he was cheating on Jennifer. He denied it but he was lying. Jennifer took him to court and he was ordered to pay her $30,000 a month. She then found out about the affair and sued the other woman in an alienation of affection suit. North Carolina is one of the few states who recognizes alienation of affection and it allows a spouse to sue a third party for wrongful acts that deprived one of a lack of affection from their spouse. This lawsuit pissed off Kirk and he told Jennifer that there was more than one way to end a marriage... Which is ominous.

On September 12, 2007, Kirk and his friend, Greg Smithson, went to pick up some welding equipment from the garage/shed (pretty sure here in NC, we would just call it a “shop”) at the house that he and Jennifer had previously shared, but now it was just Jennifer living there. Within a couple of minutes, Greg heard screaming or fighting, and a couple of minutes after that Greg limped out of the shed, covered in blood. Smithson didn’t know what was happening and ran into the shop to call 911 – and that’s when he found Jennifer’s dead body.

The police arrived at the scene and eventually Chief Deputy Jerry Hartman was called and he arrived a few hours after both Kirk and Jennifer’s body had been taken to the hospital. Hartman went into the shop and examined the scene. There was blood everywhere. He saw clothes in the office area including Kirk’s t-shirt and jeans, which had to be cut from him. Hartman left the scene to get a search warrant so he could check everything out properly. Keith wants to know why he needs a search warrant at an obvious crime scene and Priya is like well we have scientists not being scientists so at least the cop is acting like a cop!

Hartmant got the warrant and was back within a few hours which is when the shirt and jeans were photographed. Because there was blood on the boxes, table, floor, and basically all over the place, a discussion took place between Hartman and the on scene investigator, they wanted to bring in a bloodstain pattern analyst and called in the SBI Crime Lab.

The bloodstained clothing was taken to the sheriff’s office and Hartman went over to the hospital where Kirk was. Kirk had been stabbed twice in the leg and had lost a ton of blood. Kirk told Hartman that Jennifer had attacked him with a decorative spear that was leaning against the wall. Priya takes a moment to ask what the fuck is going on in North Carolina with all of these rich white people just having decorative weapons laying around – first Michael Peterson with “The Staircase” and now this! Kirk said that Jennifer shoved the blade into his left leg and then stabbed him again. The second stab was about an inch away from hitting his femoral artery. According to the News and Observer, Kirk reached into his right pocket, pulled out his knife and slashed at her. He slashed her neck twice and severed her carotid artery. According to testimony at the trial, her trachea, windpipe and jugular were cut. His story is basically that Jennifer attacked him and he just started flailing in self-defense.

On September 14th, 2007 SBI Special Agent Gerald Thomas went to the crime scene to investigate the bloodstain patterns covering everything. This was two days after everything had taken place and a lot of the evidence had been taken to the sheriff’s office so he headed there next.

They switch over to a “Science Sidebar” real quick and Priya gives us a quick definition of blood stain pattern analysis and how t...