06:21 PM CDT on Thursday, May 11, 2006

By Jeremy Desel and Wendell Edwards and Reggie Aqui / 11 News

Wendell Edwards' 11 News report

The independent investigator leading the examination of the HPD Crime Lab's work has released his fifth report and as expected, it details more problems.

KHOU-TV

It's been six months since the last update from the team investigating the evidence of errors at the HPD Crime Lab.

At that time the team reported trouble at the lab was more severe and pervasive than was anticipated.

The initial case review found major issues with 22 percent of serology cases and 40 percent of DNA cases.

The most recent report was released at midnight, and investigator Michael Bromwich reviewed about 2,300 cases -- some of them dating back to 1980.

Like his previous reports, Bromwich said he found, "serious and systemic problems" with the crime lab's serology and DNA profiling.

To date, the investigation has identified 50 serology and 43 DNA cases with what Bromwich called significant doubts about the reliability of the work performed and the validity of the results reported.

Along with DNA results, major issues were found in four death row cases, including those of Franklin DeWayne Alix, Juan Carlos Alvarez, Gilmer Alex Guevara and Derrick Jackson.

The report said, in all those cases, there was strong evidence of sloppy work and evidence that had been contaminated, affecting crucial test results.

In the Jackson case, the report said the crime lab initially called the case inconclusive and later changed its story when Jackson became a suspect.

He was sentenced to death in 1998 after prosecutors said he went to a Southwest Houston apartment complex and killed two members of the Houston Grand Opera.

Bromwich said, however, that he was not able to interview three main sources of information, including the former lab head, DNA chief and a longtime criminalist. They are key sources who he said could explain why the crime lab was at one point in such disarray.

Now that this phase is completed, the investigation team said they will focus on the crime lab's current operations and make recommendations in order to produce a high-quality crime lab.

HPD is fully cooperating, but some of the former crime lab employees, who worked on these old cases, aren't returning the investigator's phone calls.

The lab is back up and running in all sections except for DNA.  It has been nationally accredited with new management and additional personnel.

HPD said Chief Harold Hurtt and other crime lab managers are taking appropriate actions on the lab.

They said they would review the cases put into question by the investgation and share those files with the Harris County District Attorney's office.

"The number one goal in this whole investigative process is to make sure that no innocent people were themselves victimized," Chief Hurtt said. "We realize there were significant problems in the crime lab and are taking extraordinary steps toward making this not one of the best but the best crime lab in the country."

The lab expects to be reaccredited in DNA by mid-summer.

A complete remodel is complete. No more leaking roof, a state of the art DNA testing system.

But every report seems to include some new bombshell about the not so good old days.