Fallout from DPS crime lab testing problems continues

HOUSTON (KTRK) -- In May we first told you about testing problems at the DPS Houston regional crime lab. Since then, analysts have been busy retesting evidence in hundreds of criminal cases.

This spring, an analyst at the DPS Crime Lab in Houston was found to have substituted evidence using a drug from another case to validate what he was testing. He was no-billed by a grand jury of any criminal misconduct. He resigned in July, but the fallout from that mishandling continues.

"They'll want to have a discussion about what happens to the rest of those samples," said Dr. Sarah Kerrigan.

On Thursday, some of the members of what's called the DPS Houston Crime Lab Disclosure Investigative Panel met to determine what's been affected so far by what they agree was "inexcusable conduct."

Nearly 5,000 cases have now been called into question -- those on which the analyst worked. They involve cases from 36 different counties. So far 473 cases are on the re-test list. Of those, 237 new tests have been completed and the new results are the same.

Harris County has some 450 cases that qualify for the re-tests. The Public Defenders Office is now trying to notify former defendants.

"To see if they can be retested or if not, to see if there's a remedy that's appropriate," said Bob Wicoff with the Public Defender's Office.

Letters will be going out to those defendants, some of whom may be in jail. The big question is whether the evidence that convicted them still exists. After conviction, it is typically held by the arresting agency for a time and then destroyed. Even so...

"It's very hard to show by virtue of the fact the evidence was destroyed that something deserves a new trial," said Wicoff.

The full state investigative panel will be meeting on these cases next month in Austin.

(Copyright ©2012 KTRK-TV/DT. All Rights Reserved.) Get more Local »

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More fallout from Hobby expansion announcement

HOUSTON (KTRK) -- Just one day after Houston City Council members approved the controversial expansion of Hobby Airport, there are more rumblings that United Airlines could start to cut ties with Houston, years before international travel at Hobby takes flight.

As someone who flies both Southwest and United, Neil Aussenberg says he was surprised by United's reaction to city council's vote on Wednesday.

"United was acting like a little child when they said they're going to lay off people. They had it all prepared so that when they voted it in, they immediately said they're going to lay off people and I think was really childish," said Aussenberg.

But even as United says it's reducing flights in just a few months, Mayor Annise Parker wasn't buying the argument.

"They committed early on we would be the largest hub for the largest airline in the world, and that's the commitment I expect them to keep," Mayor Parker said.

When we asked the mayor if she thought United was bluffing, she replied, "You'd have to ask United."

United Airlines points to their study which shows in a typical flight to South America that only 1.5 of the seats are actually profitable, and even potential loss of flights will have immediate repercussions. Airline expert Darren Bush says while layoffs are possible, the cause may be more complicated.

"The economic conditions might call for those reductions anyway. Pointing out these jobs are specifically related to something that might, might happen with Southwest at Hobby in three years is a bit of a stretch," said Bush.

He says the real impact of Southwest flying out of Hobby won't be as bad as United predicted. But it won't be as good as Southwest touts. Competition may lower fares, but if fuel costs are too high, neither airline will make any money.

"You can assume things about fuel costs, or passenger demand, but it's really hard to predict what's going to happen three or four years out," Bush said.

Stay with Eyewitness News for the latest on this story.

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More fallout at Port of Houston

  HOUSTON (KTRK) -- The Port of Houston has been put on notice to not get rid of documents created since 2008, and its chairman also announced he's ended his controversial contract with a port vendor.

It was the first salvo in a sweeping investigation of port procurement, conflicts of interest, ethics policies and compliance with state open meeting laws. Among the documents being sought are logs of the Sam Houston tours, personnel files of former PR Director Argentina James, and minutes of the port's executive sessions. You can read the letter here. Meanwhile, Port of Houston Chairman Jim Edmonds says he's ended a controversial consulting contract after ultimatums from mayor and county judge. Late Wednesday night, he issued the following statement regarding his connection to a port vendor: "My AECOM contract was for a specified time period and has ended. My dedication and service to the Port of Houston Authority is of the utmost importance to me and I look forward to continuing the effort of growing the Port of Houston and generating 785,000 jobs to this region." Stay with Eyewitness News for the latest updates on this developing story. (Copyright ©2011 KTRK-TV/DT. All Rights Reserved.)
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