Wisconsin: Something Evil Has Been Happening There For Decades: Ex-CSI Chief in Nebraska Sentenced to Prison for Planting Blood Evidence

Tuesday, February 10, 2015

Ex-CSI Chief in Nebraska Sentenced to Prison for Planting Blood Evidence

In June 2016, an ex-Kenosha officer was given probation after pleading guilty to felony misconduct in office as part of an evidence-planting scandal. In 2014, officer Kyle Baars, a three-year officer, planted a murder suspect's identification card and a .22-caliber bullet inside of a backpack that Baars found inside the suspect's house during a police search. Baars kept quiet about his misconduct for several months before confessing to a detective. [Source]

Lincoln Journal Star
June 1, 2010

The former chief crime scene investigator of Nebraska's most populous county was sentenced to up to four years in prison Tuesday for planting blood evidence in a 2006 murder investigation.

David Kofoed, 53, was sentenced to between 20 months and 4 years in prison for tampering with evidence in a Cass County case in which two men were wrongly charged in a double murder. The men spent several months in jail before they were cleared.

"Nothing should undermine the confidence in the system," Cass County District Judge Randall Rehmeier said after reading excerpts from letters written by the two men.

Rehmeier, who could have sentenced Kofoed to probation or a maximum of five years in prison, said the seriousness of the crime merited prison.

"I think there is some poetic justice to the sentence," special prosecutor Clarence Mock said, noting that Kofoed must spend 10 months in prison -- roughly the combined total that Matthew Livers and Nicholas Sampson spent behind bars -- before he is eligible for parole.

Kofoed maintains his innocence and plans to appeal his March conviction.

Kofoed was the commander of Douglas County's CSI unit, one of the state's largest crime labs that handles cases from across Nebraska and some other states.

Prosecutors said Kofoed planted a speck of blood in a car linked to Livers and Nicholas, but Kofoed blamed accidental contamination.

The blood was the only physical evidence that tied the two men to the shotgun slayings of Wayne and Sharmon Stock of rural Murdock, and it helped keep both in jail. A man and woman from Wisconsin eventually pleaded guilty to murdering the couple and are serving life prison terms.

Rehmeier set a $50,000 cash bond Tuesday that could have allowed Kofoed to remain free while he appeals, but defense attorney Steve Lefler said his client couldn't afford it. Kofoed was escorted to jail after the hearing.

Lefler argued for probation, saying Kofoed had been punished enough. He lost his career after the conviction and his house and truck because of the cost to defend himself.

"I'm disappointed that Dave is doing any jail time at all," Lefler said.

Mock said the sentence was appropriate. Livers and Sampson asked the judge to impose a severe sentence.

"The harm Mr. Kofoed committed against me is almost beyond description," Sampson wrote in his letter to the judge.

Mock expects a flood of appeals to be filed challenging cases Kofoed worked on during the past two decades. Douglas County prosecutors said they've reviewed several cases he was involved with and spotted no signs of tampering.

Kofoed had been commander of Douglas County's CSI unit since 2000 before he was fired in March. Sheriff's Department rules prevent anyone with a felony conviction from working there, but Kofoed maintains his innocence and is appealing his firing. He passed a polygraph test about how he handled evidence during an internal department investigation in 2008.

Kofoed had been on paid leave since April 2009, when he was indicted on related federal charges. He was acquitted on those charges last fall.

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Quotes

"The most common way for forensic evidence to be planted is by re-labeling the forensic swabs." - Dr. Karl Reich, PhD

A former New York City narcotics detective testified in court that planting drugs on innocent people was common practice, a quick and easy way to boost arrest numbers. Stephen Anderson, the former detective, is now cooperating with prosecutors and is spilling the beans on the crooked practice of framings and false arrests, often to reach arrest quotas. “It was something I was seeing a lot of, whether it was from supervisors or undercovers and even investigators,” Anderson testified in Brooklyn Supreme Court. “It’s almost like you have no emotion with it, that they attach the bodies to it, they’re going to be out of jail tomorrow anyway; nothing is going to happen to them anyway.” The Drug Policy Alliance, a group that promotes alternatives to the war on drugs, issued a statement calling the case against the officers indicative of larger, systematic failures. “One of the consequences of the war on drugs is that police officers are pressured to make large numbers of arrests, and it’s easy for some of the less honest cops to plant evidence on innocent people. The drug war inevitably leads to crooked policing — and quotas further incentivize such practices.” - Huffington Post, October 13, 2011

A crucial aspect of Zellner’s effort to overturn Ryan Ferguson's conviction was obtaining two recantations from key witnesses whose testimony placed Ferguson at the crime scene. They admitted to lying after being pressured by police and prosecutors. Zellner has become a standard bearer among civil rights attorneys and has long been known as a fierce courtroom advocate — armed with a recorder-like memory, trial techniques that include videotaped re-enactments of crime scenes and, perhaps most crucially for her clients, an ability to elicit the truth from co-defendants or witnesses who have previously lied about innocent defendants’ involvement in crimes in order to save themselves. Quite simply, she gets people to talk. And to tell the truth. - Chicago Lawyer Magazine, December 2014

“What drives me is the abuse of power—the bullying and the victim. I have such a strong reaction when I see people who can’t defend themselves... When I watched the Avery case, I felt that the attitude toward him by the prosecutors and the state was that he was disposable. It was almost like a class thing. [His family] didn’t matter, they had no power. The longer I watched it, the more angry I got.” - Kathleen Zellner, Newsweek, April 8, 2016

“We are continuing to examine every aspect of Mr. Avery’s case and all of his legal options. We are confident Mr. Avery’s conviction will be vacated when we present the new evidence and results of our work to the appropriate court.” - Kathleen Zellner, The Wrap, January 11, 2016

“There is evidence that already exists in the case that points to a different location and a different suspect. We've got a combination of forensic evidence and a tip from somebody that we've interviewed multiple times that we think is credible... I've never seen a more graphic, compelling illustration of a crime scene that was fabricated.” - Kathleen Zellner, The New York Times, August 18, 2016

During a press conference on August 26, 2016, Kathleen Zeller said: “[In the post-conviction petition] we're going to lay out all of our investigation that we have done that will point to a third party. That was not successfully done at the trial level. I think the most reassuring thing is that we are going to get to the bottom of who killed Teresa Halbach... we're not going to disclose that until we do the post-conviction petition. But I can tell you that the testing we've already done will establish Mr. Avery's innocence. But we are going to do the whole thing; we're going to do every conceivable test. We've been contacted by scientists all over the world, volunteering, offering us ideas. And now we've got it pinned down to the testing we need to do to determine once and for all: was the evidence in the vehicle planted, was the DNA on the bullet planted, was the car key planted, was the DNA on the car key planted? We're going to be able to answer all of those questions because it's been almost 10 years since the verdict and there have been really huge developments in forensic science... Because he [Avery] never made any incriminating statements. The [Dassey] confession has been invalidated. So you're down to the evidence at the crime scene. You're down to the key, the hood latch, the blood in the RAV and the bullet.” When asked, “Do you just have one suspect in mind or are you looking at multiple suspects?,” Zellner replied, “In fairness, yeah, we are looking at multiple people, but we are narrowing it down.” And when asked, “What can you tell us about the suspect?,” she answered: “Nothing. Nothing. Not until I file [the post-conviction petition].”

“Not 1 but 8 plants: bullets, bones, blood, camera, cellphone PDA, key, car + false confession. World's best experts on it. #MakingAMurderer” - Kathleen Zellner, Twitter, January 17, 2017

“There’s always an element of misconduct. Police, prosecutors—They’re actually able to sleep at night knowing they’ve convicted an innocent man. They rationalize it. They say ‘I didn’t convict him, the jury did!’” - Paul Henderson, Private Investigator, May 7, 2013

"My biggest problem with police interrogations is they don't believe anything you say. So right out of the gate everyone is a liar as far as they are concerned. They are pretty much trained to be cynical of society and given power over them at the same time. They claim you are lying, while they themselves lie. To them, the end justifies the means when you’re a police officer protecting the citizenry from the scum of the city." - Reddit

“I think people become jaded when they spend too much time as a prosecutor, or if they first come to be a prosecutor after being a victim of some kind. They start seeing all of the accused as a subclass of humanity that doesn't deserve due process. Then they start watching Nancy Grace, and hanging around with the like minded, until their journey is complete. Unfortunately it is within human nature to descend down these paths to prejudice, to form self congratulating, witch burning mobs, and to rationalize the injustices they cause by dehumanizing their victims.” - magilla39, Reddit, October 11, 2017

"She’s not intimidated by anybody. In particular, she doesn’t have much respect for authority. She has a willingness to challenge and be skeptical of authority. And she has a real compassion for the underdog. Most of the people in prison are dangerous, violent criminals who belong there—she knows that. She’s not starry-eyed about criminals. But she’s not starry-eyed about people in authority, either." - Robert Zellner, January 2018

U.S. Attorney General Jeff Sessions rededicated his department to working with local law enforcement on civil asset forfeiture efforts that bypass the need for criminal convictions to seize property—and also bypass state and local safeguards. Forfeited funds are split between federal and local agencies in a lucrative arrangement for everybody but the victims. "Equitable sharing" collaboration between federal and local agencies was suspended under former Attorney General Eric Holder, but the new regime is jump-starting the program. Yes, Sessions promised that "the federal government will not adopt seized property unless the state or local agency involved provides information demonstrating that the seizure was justified by probable cause." But that's cold comfort if the probable cause comes from eager cops planting bags of drugs hither and yon. The evidence—not planted—suggests that police officers don't need more incentive to falsify reasons for slapping on the cuffs. Day-to-day pressures to meet arrest quotas, out-do colleagues, or spackle over errors in judgment seem to have already done the job in spades. - J.D. Tuccille, July 24, 2017

'If I was able to spoon feed an audience for 10 hours facts that I could pick and choose, edit or even create from other clips I could get an audience to believe whatever I wanted them to believe." - Ken Kratz, Daily Mail, February 13, 2017

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Tuesday, February 10, 2015

Ex-CSI Chief in Nebraska Sentenced to Prison for Planting Blood Evidence

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