
People's Task Force members, including families of wrongfully convicted prisoners, testified at City Council hearing May 11, 2009; Task Force President Marilyn Jordan is second from right in red; Task Force Vice-President Kevin Carey is at left
Rally Fri. June 17 8 a.m. Frank Murphy Hall, St. Antoine and Gratiot
Demands include:
- Remove Worthy from crime lab review
- Forensic investigation of lab evidence independent of city and state
- Freedom for wrongfully convicted prisoners with no time limits
- DPD, MSP, prosecutors, corrupt lab staff be disciplined and charged

Wayne Co. Pros. Kym Worthy at City Council hearing May 11, 2009; former Group Executive for Public Safety Saul Green is at right
New revelation: Prosecutor’s office destroyed all pre-1995 files in violation of state law
By Diane Bukowski
DETROIT – The Detroit People’s Task Force to Free the Wrongfully Convicted believes that not only the Detroit Police, but Wayne County Prosecutor Kym Worthy and the state police are liable for crimes related to falsification and destruction of forensic evidence that go far beyond the recent expose of materials left behind at the shuttered Detroit police crime lab.

In a telling comment on the state of affairs in Detroit, the portion of the police crime lab which studied current cases was located in the closed Stephen Foster Elementary School; adjudicated evidence is kept at police HQ
The lab was completely closed in 2008 after a forensic audit of its firearms and ballistics testing unit found a 10 percent error rate. The Michigan State Police Crime Lab found that Detroit firearms technicians, all of whom were Detroit police officers, bordered on “misconduct” when they produced false lab results.
“The task force has been fighting for three years for an independent audit into the investigations of adjudicated cases of wrongful convictions,” the group said in a release. “With the recent revelations of yet more scandals involving the Detroit Police and the Prosecutor as it concerns these cases, enough is enough.”

This statue outside the Frank Murphy Hall of (In)Justice belies the horrors that take place there every day
The Task Force includes prisoners, their families and advocates. The lives of thousands of men and women currently behind bars, many for decades, are at stake, they say.
“We are demanding a federal investigation,” Task Force Vice-President Kevin Carey said. “We also want Prosecutor Kym Worthy to be removed from handling the crime lab review because of conflict of interest, that she return the $2.7 million she obtained from the city for it, that prisoners wrongfully convicted be set free, and that the police, the prosecutor and crime lab staff who falsified evidence be disciplined and charged.”
Task Force President Marilyn Jordan is the mother of prisoner Kelly Nobles, who says ballistics evidence in his case was falsified. Task Force paralegal Roberto Guzman said Worthy refused to review his case, saying it fell a few months short of the 2003-2008 limit she placed on cases subject to review.
“We are not going anywhere until our demands are met,” Jordan asserted. “When Worthy asked for the money from the city, she said nothing about time limits, and she has no jurisdiction anyway. Now she suddenly says it is impossible to review 31,000 cases, when she hasn’t even reviewed all the original 147 cases specified by the audit.”
The City Council passed a resolution granting funds to Worthy in Feb. 2010, but nothing in the resolution itself specifies a time limit on cases reviewed. (Click on CC lab resolution, MOU to read resolution.)
An exhibit entitled “Forensic Evidence Review Unit” which did include that time limit was attached to a three-page Memorandum of Understanding (MOU) signed by Worthy, the city’s executive staff, and on behalf of the Council.
“I want members of the City Council to be held accountable as well,” Jordan said. Task Force members say the Council should have exercised due diligence prior to voting on the matter, as well as recognizing that Worthy had no jurisdiction.
After hearing testimony from the People’s Task Force, the previous Detroit City Council, chaired by President Pro-Tem Monica Conyers during Pres. Maryann Mahaffey’s illness, voted unanimously on May 11, 2009 for a federal investigation of the lab, instead of a review conducted by Worthy. Council member JoAnn Watson made the motion.
Meanwhile, Worthy’s office recently revealed that a massive amount of their own records, essential to the continued appeal of prisoners’ cases, have been destroyed.
In February, VOD made a Freedom of Information Act request for the prosecutor’s file on Edward Sanders, incarcerated since 1975.
“It appears the file you requested has long since been destroyed in a routine purge of files,” said FOIA officer Barbara Brown in a letter in response. “An administrative decision was made to destroy all pre-1995 files, as a remedy to a shortage of shelf space for our office as the archives.” (Click on Worthy files before 95 to read letter.)
Sanders, who was sentenced to life without parole as a juvenile at 17, has been fighting to re-open his case for the 36 years he has been imprisoned. He contends among other matters that shell casings involved in his case, and the condition of the gun, will show that the shooting, committed by a man riding in his car, was unintentional.
According to the State of Michigan’s General Retention Schedule #19 for prosecuting attorneys, files in capital cases (any crime with a life sentence) must be retained “until final disposition of the case plus 50 years, or the felon dies, whichever is sooner.”
(Click on http://www.michigan.gov/documents/hal/mhc_rm_gs19_195723_7.pdf to read document.)
Wayne County Prosecutor Kym Worthy’s spokesperson, Assistant Prosecutor Maria Miller, said the destruction of files did not happen under Worthy’s administration.
“Since she has been the elected prosecutor we do not destroy any capital felony files,” Miller said. “In fact, we keep indefinitely all homicide cases, and any cases in our Special Victim’s Unit (which handles child abuse, domestic violence , criminal sexual conduct and homicides). Our appellate division keeps all homicide cases indefinitely as well under the file retention policy.”
(Further comments from Miller in response to this article are included in an addendum at its conclusion.)
Many of the prisoners who are part of the People’s Task Force were also incarcerated prior to 1995, for life terms.
Darryl Dulin-Bey, incarcerated in 1988 for life, says the gun produced at his trial was not the gun used in the killing involved, and that he did not shoot either gun. He says the police and prosecutor were fully aware of this.
“During my trial, there was no actual murder weapon presented but there was an unrelated 9 mm handgun and shotgun shells presented, also bullets that were on display on the prosecutor’s table in front of my jury and the and the prosecutor presented and waved this evidence like a flag,” Dulin-Bey wrote.
Michael Harris, a founding member of the People’s Task Force, has been in prison since 1983 and says the Michigan State Police (MSP) crime lab falsified evidence in his case, as well as many other cases.
“My attorney helped to expose two Michigan State Police DNA experts in 2004, Lynn Helton and Charles Barna, who fabricated evidence against me in Washtenaw County,” Harris said in a letter. “They used my blood samples to wrongly contaminate crime scene evidence and frame me for murders.”
In the wake of daily media reports that evidence was left behind after the crime lab building closed, Worthy has turned over the investigation to the Michigan State Police. She is also using the MSP labs to review crime lab evidence as part of a “Forensic Integrity Unit” she set up after the Detroit crime lab closed.
Harris called instead for an independent forensic investigation of both the Detroit and Michigan crime labs. He encouraged people to attend the June 17 rally in a recent letter from Kinross Correctional Facility in Kincheloe, where both he and Sanders are incarcerated.
“Kym Worthy [must be] removed from the Detroit police crime lab investigation on the grounds of a conflict of interest,” he said. “Also, all Detroit crime lab cases must be removed from the jurisdiction of the Michigan State Police crime labs. The Detroit Police Crime Lab has falsified ballistics test results . . . . the Michigan crime labs were exposed for forging DNA records.”
Guzman said the case of Johnnie Henderson, grandson of Essie Henderson, also a member of the Task Force, is one of the most glaring examples of prosecutorial atrocities.
“The court transcripts showed the ballistics and physical evidence did not match,” he said. “They didn’t find any bullet in the deceased victim, claiming it had somehow slipped out. This is one of the cases Worthy is trying to cleanse because Henderson’s defense attorney also asserted that it was likely the fatal bullet came from a police officer’s gun.”
Larry Porter, now 59, was sent to prison in 1989 and is also a founding member of the People’s Task Force.
“Ms. Worthy, you haven’t shown one ounce of any genuine concern for those of us who are wrongfully convicted, let alone any compassion for our families and loved ones,” said Porter, Harris, Dulin-Bey, and Nobles in an open letter in 2008. “That comprehensive program you purportedly designed to address the failures of the Detroit Police crime lab has virtually fizzled out . . . simply because none of the wrongfully convicted have been set free yet!”
Worthy recently said that it is “impossible” to review even the 31,000 cases adjudicated between 2003-08 with her current staff, including that financed by the city.
In addition to giving Worthy $2.7 million, the current City Council voted in July, 2010 to issue up to $100 million in general obligation bonds to finance the purchase and renovation of the former MGM Grand Casino in downtown Detroit into a new Detroit police headquarters and Michigan State Police crime lab.
The bonds are guaranteed by the city’s revenue-sharing funds from the state, which are in line to be cut under Michigan Governor Rick Snyder’s budget.
“We don’t want to hear her sob stories now,” Guzman said.

Asst. Pros. Robert Moran, speaking during Kilpatrick court hearing, heads Worthy's crime lab investigative unit; Task Force members say Worthy should focus on freeing the wrongfully convicted rather than garnering publicity for her prosecution of Kilpatrick
“Kym Worthy knew going into this that the cases were in the thousands,” he continued. Her fingerpointing is nothing more than a sinister effort to throw the scent off her staff, which knowingly prosecuted many of these cases with falsified forensics evidence, to say nothing of the convictions in which prosecutors also deliberately concealed exculpatory forensics evidence at trial. Worthy herself should have invited a federal probe as we have repeatedly insisted since the lab debacle first exploded in 2008.”
The Detroit Free Press itself is calling for a federal investigation. (Click on http://www.freep.com/apps/pbcs.dll/article?AID=2011105290502 to read article.)
The article quotes David A. Moran, co-director of the Michigan Innocence Clinic, who said his office has been requesting evidence from the lab for years through the FOIA, to no avail.
“I wouldn’t be surprised, if in FOIA requests where we got a response saying, ‘Sorry, it’s gone,’ the evidence is sitting in that crime lab,” Moran told the Freep. He added, “A federal investigation is really called for here. … Everyone had been led to believe that the crime lab scandal had been contained, and that it was in the hands of police, but that wasn’t done.”
However, said the Freep, U.S. Attorney Barbara McQuade refused comment on such an investigation, saying only, “We are looking into the situation.”
In fact, the National Academy of Sciences has called for all crime labs to be separated completely from any law enforcement agency, including the Department of Justice.
“Forensic scientists who sit administratively in law enforcement agencies or prosecutor’s offices, or who are hired by these units, are subject to a general risk of bias,” the Feb. 18, 2009 NAS report said. “The potential for conflicts of interest between the needs of law enforcement and the broader needs of forensic science are too great.”
Read release on NAS study of forensics practices, published in Feb. 2009, with link to full report, at http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=12589
Read release on NAS study of forensics practices, published in Feb. 2009, with link to full report, at http://www8.nationalacademies.org/onpinews/newsitem.aspx?RecordID=12589.
The report called for the creation of an independent National Institute of Forensics Sciences, which would conduct scientific research, set national standards, and certify, regulate, enforce and standardize forensic testing and testimony.
Below is a response from Assistant Prosecutor Maria Miller on behalf of Kym Worthy to issues raised in this story, along with a reply from the Task Force’s Roberto Guzman.
RESPONSE FROM APA MARIA MILLER, COMMUNICATIONS CHIEF FOR PROSECUTOR KYM WORTHY
Here is some background about the Conviction Integrity Unit (CIU) that was formed in 2010.
The unit consists of CIU Chief, Robert Moran, CIU Director APA Patrick Muscat and three other APAs assigned to the unit. The WCPO has been reviewing these cases with SADO [the State Appellate Defenders Office) since 2008. The Michigan State Police does all of the re-testing of firearm evidence. Continue reading