DEL.ICIO.USFirearms examiner resigns, cases may be in jeopardy
The Atlanta Journal-Constitution
Monday, April 20, 2009
Dozens of criminal cases across Georgia could be in jeopardy after a state firearms examiner admitted to not fully testing guns.
Bernadette Davy, a state firearms examiner since 1991, resigned April 1, the Georgia Bureau of Investigation said Monday.
Firearms examiners are supposed to pull the trigger 12 times before testifying about a piece of evidence. Davy admitted she had pulled the trigger only 10 times, GBI spokesman John Bankhead said.
“It’s a minor situation for the aspect of the test itself,” Bankhead said Monday. “But as far as the integrity issue, it would compromise any future testimony of that scientist if you cross a line like that.”
A fellow firearms instructor learned of the faulty firearms tests while reviewing a Douglas County case Davy had handled, Bankhead said.
“She was asked to do the 12 and she only did 10,” Bankhead said. “She admitted it and resigned when she was confronted with the issues.”
Davy could not be reached for comment Monday night.
Since learning of the faulty tests, GBI director Vernon Keenan sent a letter to every district attorney in the state, offering to reprocess any firearms tests handled by Davy.
As of Monday, the GBI had already received 20 requests to reprocess firearms, Bankhead said.
Bankhead said the requests may delay some prosecutions, but said it is better to be accurate.
“She [Davy] had complained earlier she was over worked and needed a break, and if she didn’t get one, she would probably do something stupid,” Bankhead said. “All of our scientists have a lot of cases, but the issue is the integrity of the case you are working on, not the backlog.”
The faulty tests could mean more cases being retried or dismissed.
“With her credibility being damaged, it could substantially affect the state’s case and affect a defendant trying to get relief,” said Steve Frey, a defense attorney in Clayton County.
Frey, an attorney for 16 years, said he doesn’t have any pending cases with Davy, but would push to have a case retried if it centered around questionable evidence.
“It’s disappointing because she seemed like a straight-up person,” he added.
The GBI requires firearms examiners to undergo 18 months of training before testifying. Four new firearms examiners are expected to complete the training in the fall, Bankhead said.
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Comments
By DC4n6
Apr 22, 2009 6:36 PM | Link to this
i really can't believe this would contribute to a significant outcome in the case if the trigger was pulled 12 instead of only 10.... where and who adopted those procedures anyway? A good accurate std deviation could be considered 5 times.....why 12?....as for her credibility..... Are you really serious? sounds like typical bureaucratic nonsense. If the GBI can't stand behind their forensic scientist with only that being found....... I guarantee you i could find in 95% of the cases where some small deviation or wherea minor procedure was not followed.... Would it change the integrity of the analysis? NO..... or the examiner... NO....There has to be some common sense in in Lab Directors, attorneys etc..... Its way to easy to blame the forensic scientist and not explain why those particular errors are harmless. Forensic scientists across the nation are over worked and stressed and need the backing of a good strong organization. This is tragic to her and wish her the best.
By Big A
Apr 21, 2009 11:34 AM | Link to this
Front page of the AJC
"GBI gun expert fired, cases in jeopardy"
then you click onto the story and
"Bernadette Davy, a state firearms examiner since 1991, resigned April 1,"
Which one is true.
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