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SBI, DOJ ask for more time on discredited ex-analyst's lawsuit

Posted January 11, 2012

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— The State Bureau of Investigation and North Carolina Department of Justice are asking for more time to review recent testimony surrounding the competency of ex-SBI analyst Duane Deaver, who is suing for wrongful termination.

Last month, Durham novelist and one-time mayoral candidate Mike Peterson won a new murder trial in the 2001 death of his wife after his attorney successfully argued that Deaver provided misleading testimony about blood evidence during the original trial.

Attorney General Roy Cooper filed a motion Jan. 6 to continue a hearing in which Deaver is expected to present his case against the SBI and DOJ until those agencies can review testimony from the Peterson hearing. Sources told WRAL News that, before that hearing, Deaver was close to reaching a settlement with the state.

It now appears that the state is backing off any potential deal.

Deaver's contested case hearing was originally scheduled to begin Feb. 9. A judge has not ruled on the state's motion to delay that hearing for at least 60 days.

Deaver is seeking reinstatement, back pay and other relief from the SBI, which employed him as an analyst for more than 20 years. He was fired in January 2011 after an independent review of the SBI crime lab found that blood evidence had been misstated or falsely reported in over 200 criminal cases between 1987 and 2003.

News conference on SBI review State asks to delay ex-agent's wrongful termination hearing

Some of the most egregious cases cited in the review were linked to Deaver.

Deaver's attorney likened his termination to a "political witch hunt" after the SBI came under fire for its handling of the Greg Taylor case. Taylor was convicted of murder in 1993 but exonerated in 2010 as a result of an inquiry by the North Carolina Innocence Inquiry Commission.

In that case, Deaver's blood analysis report stated that tests on Taylor's SUV revealed the presence of blood, even though confirmatory follow-up tests were negative for blood.

That report became a key component in the case to prove Taylor's innocence.

Taylor filed a lawsuit against Deaver and four other SBI agents in June.

Deaver maintained that he "didn't do anything wrong" in a March interview with WRAL News and alleged that the SBI was using him as a scapegoat to cover up problems with their policies and procedures.

The way he filed his blood analysis reports, he said, was in line with crime lab policy and he never tried to withhold or hide evidence.

One of Deaver's former supervisors at the SBI testified at the Peterson hearing in December that the discredited analyst had a strong bias toward the prosecution in criminal cases.

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  • annforeveryoung Jan 11, 2012

    dolibug.. The pressures of working in the field are tremendous, but you are either honest or you are not. They say everyone has a price, you would be suprise to know that some are okay being poor.

  • annforeveryoung Jan 11, 2012

    Jungleflu: The right to fire.. How about someone who is "Medically retired" wins suit against said employer; and yet is unemployable, and cannot collect retirement because NC Reitrement systems can find no disbaility or medical issue for this person to be in retirement? You have no idea how it works. They manipulate the system to fit them! bottom line.

  • dollibug Jan 11, 2012

    +++++Deaver's lies got him into this mess, I have no sympathy for him. He will lose, and rightly should.
    yellow_hat

    Perhaps someone made him do it.....you think??????

  • annforeveryoung Jan 11, 2012

    I don't condone Deavers actions or lack there of, however; I can feel for the witch hunt.. Even if he was innocent of charges, the pockets run deep and the political ramifications run deeper. He will not win because of his guilt or his innocence but because of the political pockets that will be shallowed by the end result. If the NC reinstated the honest workers they have fired or retired over the past 10 years unjustly, City Government might begin to make a small dent in the corrupt sewage they swim in.

  • disgusted2010 Jan 11, 2012

    To all those calling for Deaver's head, remember that he has never had an opportunity to defend himself. He has been persecuted by the N&O, criminal defense attorneys and others with an agenda. The N&O and other news organizations have skewed facts and interjected innuendo to "prove" their preconceived stories. Those responsible for this whole mess are Roy Cooper, Robin Pendergraft and others at the SBI and DOJ that are trying to cover their collective backsides for their mismanagement and malfeasance in their running of the SBI.

  • jungleflu Jan 11, 2012

    seankelly15

    omission of the truth is still a lie here let me define this for you
    Definition of OMISSION

    1

    a: something neglected or left undone b: apathy toward or neglect of duty

    PREJURY and i believe the question asked OF HIM ON STAND, WAS THERE ANY TEST TO INDICATE BLOOD IN OR ON THE DEFENDANTS VEHICLE AND OR CLOTHING!!!!!!!!!!!!!!!!!!!
    at that point in Taylors trial he had a legal and morally right and chance to tell the truth about all the tests he did including the one that showed no blood!!!!
    so for all the people wanting to defend this man of his guilt look to the transcripts of the court(in plain english and in black and white)and there is no choice but to admit this mans guilt, as a matter of fact he was fired over it HUMMMMMMMMM!!!!!!!!

  • bbqchicken Jan 11, 2012

    Same N&O report In his 1993 lab report, Deaver wrote that the stain contained “chemical indications of blood."

    Yes the original test, which was factual. An indication does not mean there is actualy blood, just the possibility of blood.

    Deaver repeatedly insisted Taylor was guilty, the agents testified Friday. Deaver was hostile to their efforts to re-examine evidence in the case, they said.

    Yes, it is interesting, but is just misinformation and misdirection. You have to remember, everything in this state is political, and there are only three rules, cover, kiss and re-election.

  • DontLikeTheSocialistObama Jan 11, 2012

    Deaver was well known for being the go to guy for DA's. That's because he always gave them the results they needed to get a conviction. It was said that he was pro-prosecutor would do what it takes to help get a conviction.

  • DontLikeTheSocialistObama Jan 11, 2012

    Deaver should be getting a prison sentence for falsifying lab reports which caused people to be wrongfully sent to prison.

  • westernwake1 Jan 11, 2012

    "We are talking people's lives here - the ones that did not get a fair trial because of the wording in a final report. This was done to other people by him - what is going on now is a result of his own actions." - hazeyc

    Exactly!. The most important attribute of a law enforcement offical is INTEGRITY. This is especially true for crime lab analysts.

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