Unvalidated DNA methods among concerning findings in HPD crime lab audit; criminal cases affected

HONOLULU (HawaiiNewsNow) - Felony criminal cases are being reviewed after an audit of the Honolulu Police Department’s forensic DNA testing lab.

The FBI Quality Assurance Standards audit was done between June 25 and June 28.

Hawaii News Now was provided a copy of the report after asking the Honolulu Police Department for it in a records request.

The report showed that HPD’s lab met most of the standards, passing on more than 160 points.

But there were concerning findings in more than a dozen areas, including DNA work.

The audit consisted of answers of yes, no, or not applicable.

Among the points marked no: if the laboratory teaches and assesses analysts or technicians on new methods. Also, if the person completed competency testing.

Retired FBI agent Tom Simon said it was especially concerning that the audit found the lab does not use validated methods for DNA analyses.

“A crime lab that’s not following proper procedures is really running two separate risks. One is making a guilty person go free, and the other one is making an innocent person get convicted for a crime they didn’t commit.”

A high-profile felony case that was delayed because the audit results: a 2022 sex assault in Manoa.

Court records show prosecutors told the judge the DNA had to be retested just days before trial was supposed to start for Xavier Swofford.

Swofford is accused of sexually assaulting a woman at knifepoint.

Swofford’s attorney is Victor Bakke, a former deputy prosecutor.

“I gave my notice of intent to use an expert to challenge (the government’s) DNA evidence, they notified the court that they had to file a motion to continue because their testing was not valid,” Bakke said.

Bakke said the trial has been delayed months so the retest can be done in a lab on the East Coast.

Bakke said the prosecution told the judge there were “many” cases affected by the audit report.

“They also said that it only came up because we were going to trial, which means that there are people out there that may have pled guilty thinking that there was DNA evidence against them when there really wasn’t,” Bakke said.

Honolulu Prosecuting Attorney Steve Alm is out of town but in a statement to Hawaii News Now, said they are aware of the audit and are in the process of “ascertaining what cases may be affected and how they may be affected.”

Other non-conforming grades for the HPD lab relate to the equipment.

The report said critical equipment and instruments were not maintained or performance-checked at least annually, including the robotic systems.

And the auditor found that the lab doesn’t have a program to document testimony of the analysts, technicians who take the stand, so they don’t review for deficiencies after court.

Simon said lab workers provide crucial testimony in a case, “so the fact that no one out there is reviewing their testimony for accuracy or quality is a real problem.”

Honolulu Police Chief Joe Logan declined to be interviewed for the story but in a statement said, “The lab is working with the assessors to address and resolve the 14 issues identified.

The 13 nonconforming items have already been addressed, and the remaining item deemed as administrative action is currently being addressed. Once the final issue is addressed, all 14 items will be reclassified as conforming.

View the audit in full by clicking here.

Audit summary:

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