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American Morning

Allegations of Misidentifying Evidence Made Against Oklahoma Police Chemist

Aired May 01, 2001 - 09:19   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
DARYN KAGAN, CNN ANCHOR: A story out of Oklahoma now where state and federal officials in Oklahoma City are investigating the work of a police chemist who managed the city's forensics lab. Her name is Joyce Gilchrist, and the allegations against her are very serious.

Our national correspondent Bob Franken is live in Oklahoma City with details, Bob, on some parts of the story that could affect the death penalty in Oklahoma.

BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Well, as a matter of fact, the people who pushed this investigation say it could affect still countless lives and, sadly, deaths.

(BEGIN VIDEOTAPE)

JAMES FOWLER, FATHER OF EXECUTED CONVICT: You know, to sit from and watch your son be killed.

FRANKEN (voice-over): Jim Fowler's son was executed after being convicted in 1986 for committing a triple murder. Mark Fowler claimed to his death that while he was part of a robbery, he was not in the room when three store clerks were killed by his accomplice. But Oklahoma City police forensic expert Joyce Gilchrist testified she believed scientific evidence suggested otherwise.

On January 23 of this year, at 9:07 p.m., Jim Fowler watched as his son executed at state prison.

FOWLER: That's tough. Fifteen years is a long time to go through this, and many other people have gone through it, too. Don't get me wrong. I'm not the only one. Many people walked this terrible mile.

FRANKEN: But now, the FBI and state officials are investigating Gilchrist, who has been with the Oklahoma police department for 21 years. According to a leaked FBI report, her expert testimony often went beyond the acceptable limits of forensic science. Altogether, 10 executions have resulted from cases in which she testified; 13 other defendants wait on death row.

Governor Frank Keating is ordering thorough investigation of thousands of Gilchrist cases. GOV. FRANK KEATING (R), OKLAHOMA: Every capital case that she touched needs to be thoroughly examined, and every non-capital case needs to be thoroughly examined.

FRANKEN: But the focus is on the ones carrying the death penalty.

(on camera): Gilchrist on paid leave and unavailable for comment. State officials insist there is no way that anyone was put to death wrongfully.

(voice-over): Marilyn Plantz is scheduled to be executed for conspiring to kill her husband. While Gilchrist testified in her case, Plantz now admits to the crime.

DAVID PRATER, ASSISTANT DISTRICT ATTORNEY: Those convictions and those death penalties that had been carried out were not, in the DA's opinion, based on this chemist's analysis of any evidence in the case.

UNIDENTIFIED MALE: Well, that's way premature at this point in time.

FRANKEN: The groups who have forced this issue say a complete analysis is needed. Gilchrist's work has been questioned in the past. In 1999, a federal judge called her testimony in one murder case untrue and misleading. Mark Fowler's father believes that Gilchrist was trying to please overzealous police and prosecutors.

FOWLER: If she did these things the way I think that they were done, just to get a conviction, she had better start making her peace with God because he has got some plans for her, I'm sure.

(END VIDEOTAPE)

FRANKEN: Now, the lawyer for Gilchrist, who is not available for comment, says that she will be vindicated. But, this morning, the local media here have released another internal memorandum in the Oklahoma City Police Department from a captain in the department who oversees the serology lab saying that she is guilty -- Ms. Joyce Gilchrist is guilty of mismanagement. Again, no comment from Joyce Gilchrist -- Daryn.

KAGAN: Bob -- so are there any other cases that are pending that they're being asked to open again and look based solely on her testimony?

FRANKEN: Well, as a matter of fact, she was involved in what they think was 3,000 cases, and what they're planning to do now is go through every single one of them and try and figure out whether the cases were badly tainted. It could be something that takes well over a year.

KAGAN: Bob Franken, Oklahoma City. Thank you so much.

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