INVESTIGATION OF THE INDIANAPOLIS MARION COUNTY FORENSIC SERVICES AGENCY (IMCFSA)

The information below was gleaned from the publicly available report of Special Prosecutor Brown. The full report is available as a downloadable PDF document HERE.

Investigation of allegations of misconduct and mismanagement at the Marion County Crime Lab (Indianapolis, Indiana) led to the firing of Lab Director, and former AFTE President, James Hamby, and Deputy Director Mann.

Background

Prior to the appointment of a special prosecutor (see below) the Marion County Prosecutor’s Office concluded that the Director of the MCFSA (Former AFTE President, James Hamby) may have improperly influenced employees of the FSA to withhold information relating to irregularities in the performance of DNA testing at the FSA.  The Prosecutor’s office also believed that Director Hamby had either minimized or concealed reports of improper testing protocol used within the DNA section and failed to disclose or fully investigate at least one incident involving the misuse of an instrument used in DNA analysis.  Moreover, the Prosecutor’s Office feared that an emerging pattern of mismanagement in FSA might eventually cripple the quality and reliability of the FSA’s DNA results.        

Reports from personnel working in the DNA section, combined with the results of interviews of key administrative personnel within the FSA, revealed an organization that was sliding into a dysfunctional state, treading closely to a condition where the scientific product might be threatened.

The concerns expressed by the scientists interviewed were summarized as:

1          The management decisions and the conduct by Director (former AFTE President, Jim Hamby) and Deputy Director were not accountable to any other authority.

2          The administration of the proficiency tests were not adequately supervised and the competency of certain scientists was questioned.

3          Jealousies between key personnel interfered with the proficiency of the lab work group.

4          Conflicts and animosities between members of the lab work group were not addressed.

In November 2002, FSA Director (former AFTE President, James Hamby), Deputy Director Mann, and the Technical Manager of the DNA section, Dr. Mohammad Tahir, were summoned to a conference at the Prosecutor’s Office. Director Hamby denied the existence of problems at the DNA lab.

 Following their investigation, the Marion County Prosecutor’s Office concluded that critical information directly impacting the quality of DNA laboratory testing had been withheld from the Prosecutor’s Office, and that Director Hamby also failed to disclose the true nature of the circumstances relating to the resignation of forensic scientist, Dr. Kuppareddi Balamurugan.  Director Hamby further attempted to censor efforts by Dr. Tahir to respond to questions by the Prosecutor’s staff relating to issues affecting the lab. A day later, Dr. Tahir communicated further details to the Prosecutor’s Office regarding irregularities at FSA. 

During the course of the investigation, the investigative team learned that questions had been raised regarding the disposition of training fund money acquired by the Director and his staff under the authority of Section 135-254 of the Marion County, Indianapolis Municipal Code. 

During their independent inquiry, the Prosecutor’s Office discovered that irregularities within the FSA might be widespread, and that their investigation should be transferred to an outside prosecutor.

Appointment of External Special Prosecutor

On 21 January 2004 the Honorable Cale Bradford, Judge, Marion County Superior Court, appointed Barry S Brown to the position of Special Prosecuting Attorney.

Brown, a senior prosecuting attorney, was assigned to conduct an inquiry into allegations of misconduct at the Marion County Crime Lab, run by Director, and former AFTE President, James Hamby.

On 30 April 2004, Crime Lab Director, James Hamby, and Deputy Director, John Mann, were discharged.

The Court ordered that the investigation into the IMCFSA include any potential criminal acts that may have occurred including, but not limited to, perjury.

The special prosecutor examined the following provisions of the Indiana Criminal Code that may have been implicated in the conduct of certain persons involved in the investigation:

a          Perjury                                                 I.C. 35-44-2-1

b          Trespass                                               I.C. 35-43-2-2

c          Official Misconduct                               I.C. 35-44-1-2

d          Intimidation                                           I.C. 35-45-2-1

e          Interference with Reporting                   I.C. 35-45-2-5

f.          Criminal Mischief                                  I.C. 35-43-2-1

g          Obstruction of Justice                           I.C. 35-44-3-4

h          Theft                                                    I.C. 35-43-4-1

It was concluded that the conduct by the principals involved did not rise to the level of prosecutable criminal offenses, and no criminal charges were filed as a result of the inquiry.

The Special Prosecutor recommended that the new director of the IMCFSA should come from outside the ranks of the current employee base at the FSA in order to continue the momentum toward the reform of work group harmony, and the full restoration of public confidence in the quality of the science produced at the FSA.

Jim Hamby is still an active AFTE member