Former forensic analyst's proficiency test raised red flags, led to 550 cases scrutinized: HFSC
HOUSTON, Texas (KTRK) -- A former Houston Forensic Science Center employee whose alleged faulty evidence-processing work may impact more than 550 criminal cases, including Migos rapper Takeoff's murder, was terminated partially due to a proficiency test failure, according to her former employer.
On Thursday, the HFSC disclosed information to Eyewitness News regarding the alleged mishandling of evidence in criminal cases handled by former forensic analyst Rochelle Austen.
In a statement, the HFSC said Austen committed errors in handling proficiency test materials, adding that the tests don't involve actual cases or evidence. Still, the center said they're administered to test a forensic expert's skills and understanding of the institute's processes.
"Even though this error did not occur in a case, by law, HFSC is required to disclose to the (Harris County) District Attorney's Office any potential issues with a forensic employee's proficiency. Because forensic analysts can be called to testify about their work, attorneys have a right to know this type of information," the HFSC wrote.
Therefore, the district attorney's office issued 392 "Brady Notices" to defense attorneys, which the HFSC said do not represent cases where errors have been identified but instead represent all the cases the analyst worked on and where the analyst could be called to testify.
PREVIOUS STORY: Forensic analyst in Takeoff murder improperly handled evidence in other cases, docs allege
"At this time, our review has not revealed any evidence suggesting that the analyst's proficiency test errors have compromised the validity of any casework," HFSC added. "HFSC has not seen any indications of technical errors in casework. However, individual cases will be addressed with the attorneys of record to determine the specific circumstances. Because of the intermediate steps in our analytical processes, we anticipate our initial findings will remain true."
So, how many of the cases concern Austen?
According to the district attorney's office, all are linked to her in some way and almost entirely involve serious felony cases, including murders, aggravated assaults, and sexual assaults of adults and children. The cases typically involve blood or semen evidence, the DA's office added.
Additionally, 170 cases that have been disposed, or reached a conclusion, are also in question. The DA's office had yet to determine how many ended with guilty verdicts or plea agreements. They are actively working on notifying defense attorneys involved.
A DA's representative couldn't offer a precise timeframe for the cases but noted that Austen began working in 2019.
The State Bar of Texas, Harris County Public Defenders' Office, and the Harris County Criminal Lawyers Association were informed via the Brady Notice.
What happens next?
The DA's office said cases will be handled individually. Decisions regarding retesting her work will be made and reviewed on a case-by-case basis.
On Wednesday, ABC13 reported that Austen was a forensic analyst in the Nov. 1, 2022, murder case of rapper Takeoff, which led to suspect Patrick Clark's indictment.
The filing states that Austen was a potential witness in the Takeoff murder case.
According to the Brady Notice sent to Clark's defense team, DNA samples Austen processed had been switched in one case while she skipped a step and processed the wrong sample in another, but both aren't related to Clark.
Letitia Quinones, Clark's attorney, issued a statement to ABC13, saying, "This is something of concern for us, and we will be investigating it to see exactly how it affects our client's case."
Detectives said the night Clark allegedly shot the rapper at the bowling alley, surveillance footage showed him holding a gun in one hand and a wine bottle in the other.
Investigators added that he was seen on video taking the shot that killed Takeoff and leaving the wine bottle behind. Fingerprints on that bottle led police to Clark, investigators said.
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