DNA evidence jeopardized by faulty refrigerator

DNA evidence being stored by the Colorado Springs Police Department has been jeopardized by a faulty refrigerator, although police spokesman Lt. David Whitlock said experts don't believe it will endanger any criminal cases.

The refrigeration malfunction follows last month's admission that the Colorado Springs police crime lab had erred on dozens of blood-alcohol tests in drunken driving cases. Whitlock emphasized that the two are not related.

The malfunction was discovered Dec. 7 by one of the department's evidence technicians. The refrigerator had last been used four days prior to that and was working properly then, the police statement said.

Once the problem was discovered, the 235 samples of blood, semen, urine and other evidence being stored in it were moved to a crime lab refrigerator until the evidence refrigerator had been repaired.

Whitlock said the 4th Judicial District Attorney's Office was notified that the temperature controller on the evidence refrigerator had stopped working and prosecutors were given a list of the evidence that may have been affected.

Whitlock said police experts don't believe they have been made unusable by the lack of refrigeration. He said the samples would not all be tested for their viability. Instead, they will be tested individually as requested by the District Attorney's office or defense lawyers.

No information was provided on the number of cases, what type of crimes are involved and who the defendants are. Whitlock said the majority are not pending cases.

District Attorney Dan May's office is notifying defense attorneys about the refrigeration malfunction as part of discovery  - the detailing of evidence in a criminal case.

According to the police statement, some of the evidence being stored in the refrigerator did not need to be cooled, so there is no danger of it not being available in upcoming trials or appeals.

A device to monitor the temperature of evidence refrigerators is being considered, the statement said, and, in the meantime, technicians are checking temperatures in the three evidence refrigerators daily. The refrigerator that broke is 17 years old and had been scheduled to be replaced.

The mishandling of evidence has embarrassed the Colorado Springs Police Department before. In 2006, the department revealed that thousands of pieces of evidence had been improperly disposed of by technicians pressured by their supervisor to purge the storeroom. Former Police Chief Luis Velez resigned with the scandal hanging over the department.

Gazette reporter Maria St. Louis-Sanchez contributed to this report.