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ACLU Seeks Supreme Court Review of Colorado DNA Scandal, Alleges Years-Long Cover-Up
The ACLU and Exoneration Project are asking the Colorado Supreme Court to hold the state accountable for a cover-up of DNA analyst Missy Woods' misconduct, arguing that supervisors knew of her fraud years before she was caught and that thousands of cases may be compromised.
The American Civil Liberties Union, the ACLU of Colorado and the Exoneration Project are urging the Colorado Supreme Court to hold the state accountable for what they describe as a years-long cover-up of misconduct by a former Colorado Bureau of Investigation DNA analyst, a scandal that may have compromised thousands of criminal cases.
Missy Woods is behind bars for tampering with DNA evidence during her nearly three decades at the CBI. Investigators found she altered or deleted DNA data in at least 1,045 cases. But attorneys argue the true number of affected cases could be significantly higher because some of the original forensic data is no longer available.
The ACLU's filing contends that the problem goes far beyond one rogue employee. Matthew Segal, co-director of the ACLU's State Supreme Court Initiative, told CBS Colorado that supervisors at the CBI were alerted to Woods' fraud in both 2014 and 2018.
"The evidence is that in both 2014 and 2018, fraud by Missy Woods was brought to the attention of supervisors at the CBI, and instead of discharging their obligation to do something about it and to disclose that fraud to criminal defendants, supervisors covered it up," Segal said.
The failure to disclose Woods' misconduct, the ACLU argues, violated defendants' constitutional rights and allowed her to keep working on criminal cases for years after concerns were first raised. According to the filing, the delay also led to the loss of crucial DNA instrument data, making it difficult or impossible to determine whether Woods manipulated evidence in additional cases.
"It's important to remember here that it is the state that committed this misconduct," Segal said.
The ACLU wants the Colorado Supreme Court to shift the burden for addressing potentially compromised cases. Rather than requiring individual defendants to prove that Woods tampered with evidence in their cases, attorneys want the state to demonstrate that misconduct did not occur.
Segal said the issue is also about preserving confidence in Colorado's criminal justice system.
"One way I would put it is that it takes a village to do a criminal case right, and it can take a village to taint a criminal case as well," he said. "And here, unfortunately, the second thing happened."
The CBI said it recognizes the seriousness of Woods' misconduct and the concerns it has raised about the integrity of forensic evidence. In a statement, CBI Strategic Communications Director Rob Low said the agency has addressed the issues extensively and remains committed to ensuring the reliability of its forensic work and maintaining public trust.
"We have confidence in the dedicated investigators and scientists who carry out CBI's mission every day," Low said. "We respect the judicial process and believe that questions concerning individual cases are best addressed through that process."
The agency maintains a web page detailing its response to Woods' misconduct.
The case has raised broader questions about forensic evidence and due process in Colorado. The ACLU's request to the state's highest court could determine how far the state must go to identify and remedy convictions that may have relied on tainted DNA evidence.