The Colorado Court of Appeals reviewed the rape case against two defendants Gebreyohannes and Abraha. They were tried at the City and County of Denver District Court No. 15CR5874. They were found guilty.

The media gave independent Forensic Services a lot of bad publicity because the trial court “erroneously excluded Eikelenboom’s testimony” according to the Colorado Court of Appeals

Mitch Morrissey former DA of Denver should apologize for the remarks made by him about Eikelenboom knowing he was wrong.

The court of Rotterdam convicted Leon van M. for the homicide of Caroline van Toledo in 2005. The victim was burned alive in her own car. On the heavily burned remains of her wrists, garment used to tie her up was discovered. From this garment touch DNA samples were taken and IFS was able to obtain mixed (partial) DNA profiles. The profile of of Leon van M. matched the mixed (partial) profiles. Due to degradation complex mixture calculation had to be performed.

Richard Eikelenboom testified in court about this case. The DNA findings were verified by four other independent DNA experts.

Nicole Kidman to Produce ‘Crime Farm’ at WarnerMedia’s HBO Max.

This series is based on the lives of Selma and Richard Eikelenboom. They started a crime laboratory on a farm in the Netherlands. This was never done before. Furthermore Selma and Richard are unique in the their way of working together. Selma investigates homicides more from the point of the victims. How did they defendant self? What did the victims do before they were murdered. Richard investigates homicides more from the point of the perpetrator. What kind of actions let to the injuries of the victim and how could DNA be transferred during those actions? In the homicide case of Michelle Lawless the word Crime Farm was mentioned first by CBS. Sheriff Rick Walter came to the Netherlands with evidence in the case.

Crime scene reconstruction, DNA testing, forensic medical investigations, use of psycho-active medication and violence and Bloodstain pattern analysis are investigations performed by Selma and Richard and their team of experts.

On Christmas Eve, Governor Brown ordered new DNA testing on four pieces of evidence in the case of Kevin Cooper, who was convicted of murdering a couple, their ten year old daughter and an 11 year old boy in Chino Hills in 1983

In this link you can hear a radio interview with the lawyer of Kevin Cooper, a journalist and Richard Eikelenboom of IFS.

DNA of the Kevin Cooper was found on some incriminating locations of evidence. There are indications that (blood) evidence could have been planted.  Eikelenboom is convinced that new (touch) DNA-investigations can help solve this very complicated case.

More about the the Kevin Cooper case on wikipedia.

The New York Times als has an article with a lot of information about the case.

From thehappypillfilm.com

Silje Marie Strandberg was seriously mentally ill. She had a heavy schizoaffective and dissociative disorder diagnose. She heard voices, hallucinated, cut herself, had an eating disorder and repeatedly tried to kill herself. She was so sick that no one thought she could ever recover. But after 10 years in mental wards, 10 years of compulsion, isolation, electrolysis and heavy medication, she finally recovered and is now completely healthy. The difference was her psychiatric nurse, Lone. Lone went further in terms of proximity and self-interest. It’s almost like a miracle. This story is unique. A story of hope. But it’s also the story of a young girl with little self-confidence that lost 10 years of her life. Where did it go wrong? Did she have to go through 10 years of torture in mental wards? These are the answers Silje Marie is looking for in this documentary.

Watch the movie on their own website or directly here:

The Daily Mail October 2, 2018.

In this article cases and studies are described about the effects of addiction when using anti depressants. In case work performed by IFS and Selma Eikelenboom-Schieveld we see the problems described in the article below. So not only these types of medication increases the chance on suicide and homicide but also people are getting heavily addicted. Selma is investigating into CYP 450 enzymes to find out how the anti depressants are metabolized and how these drugs can cause violence.

Read the whole article here

First I want to mention that my native language is Dutch and not English. I apologize for grammar mistakes. In the Netherlands, the issue for court is for the truth to come out. Justice is based on the truth. For a Dutch person, the American court system is kind of weird because of the adversarial system in the US the opposing party seems to be the enemy who must be discredited whether serving the truth or not. I have seen that in the Tim Masters Case, the David Camm case, Casey Anthony and many other cases.

Several newspapers wrote about me and television networks aired a statement by Denver District Attorney Morrissey in which he discredited me as a DNA expert. In this reaction, we will expose the fabrications in his statement.

August 29, 2016, I was going to testify in an alleged sexual case where I had reviewed DNA reports generated by the Denver police lab, the State lab (CBI) and a private company called Cellmark.
During the voire dire phase, the proposed expert is questioned by both the defense and the district attorney. The district attorney limited her questions in her cross examination to the time when I was working for the Netherlands Forensic Institute, which is from 1993 till 2005. During the re-direct by the defense attorneys, the lawyers failed to give me the opportunity to clarify my working experience since then. Normally in this phase any wrong impressions created by the DA are set straight. Not doing their job resulted in the judge rejecting me as an expert. I have testified almost 90 times and this is the first time I have been rejected as an expert witness.

The text below was used by FOX 31 on September 1 2016:
“A Denver prosecutor got Richard Eikelenboom to admit he “had no direct DNA extraction or analysis experience, that he operates a lab that has not been accredited, that he personally failed his basic proficiency tests in 2011 and 2012, and admitted that he was ‘self-trained’ in running DNA profiles,” the Denver District Attorney’s Office said in a statement Thursday.”

Fabrication 1:
Richard Eikelenboom “….had no direct DNA extraction or analysis experience…”

That Denver prosecutor limited her questions to me in her cross examination to my experience at the Netherlands Forensic Institute, where I worked from 1993 till 2005. That laboratory, as most labs in Europe, performs DNA examination in an assembly line. The sample goes from one department to another:
1. DNA trace recovery
2. DNA extraction
3. DNA analysis
4. Cases coordinating
5. DNA report writing

If you worked in the DNA department at that time you could specialize in one of these steps. Other areas of expertise were bloodstain pattern analysis and crime scene investigation.
When I worked at the NFI my specialties were in DNA trace recovery, coordinating cases, bloodstain pattern analysis, crime scene investigations, reports writing and testifying about those reports in court.
At the NFI, I received training on every field of expertise but I did not work on the sub departments of DNA extraction and DNA analysis. So, it is correct that at the NFI I did not work at DNA extraction and DNA analysis units.

What makes the statement of Morrissey a fabrication?
After I left the Netherlands Forensic Institute, I joined Independent Forensic Services. This company was founded by my wife Selma and DNA expert Johanna van der Meij in 2003. We rebuilt a farm in the middle of the Netherlands into a DNA laboratory. We performed DNA examinations for law enforcement, prosecution and defense attorneys. In our lab, the DNA experts execute every part of the DNA investigation, from step 1 to step 5. Since 2005 Johanna van der Meij and myself have done thousands of DNA-extractions and analyzed thousands of DNA-profiles.

Around 2008 we had a meeting at the Office of the Attorney General where Morrissey was present. In that meeting we explained in detail how we performed the DNA investigation in which we found prove that Tim Masters was innocent. We provided full discovery to the AG’s team, including Morrissey. He was very hostile towards us, to the embarrassment of the staff of the Attorney General’s Office. The Denver District Attorney’s Office – in the person of Morrissey – knew I had “direct DNA extraction or analysis experience”. By putting out a press release and making statements to the contrary, Morrissey is deliberately casting doubt on my expertise.

Fabrication 2:
“….that he operates a lab that has not been accredited….”

The standard accreditation for forensic laboratories worldwide is the ISO-17025. IFS acquired that accreditation in 2008 and held it ever since. This allows us the work internationally. The American Society of Crime Lab Directors (ASCLD) has some additional requirements, but they audit laboratories against the same ISO-17025 standard. We decided to apply for the ASCLD accreditation as well. During the trial in which the Denver prosecutor crossed me, we received the certificate of the ASCLD accreditation and presented that to the judge and the DA. The judge did not allow the certificate for this trial, but the DA had from that moment on proof that IFS has a double accreditation. We are the only lab in Europe which is in the possession of an ASCLD accreditation. The Denver police lab, that works for the DA office, does not have an ASCLD accreditation. Morrissey obviously felt the need to give a press conference based on what happened during the trial. Either his district attorney informed him about our ASCLD accreditation and he knowingly left it out, or the district attorney did not inform him and allowed her superior to make incorrect statements damaging my reputation. Both options raise serious questions about the integrity of the Denver district attorney’s office.

Fabrication 3:
“…..he personally failed his basic proficiency tests in 2011 and 2012…..”

The goal of a proficiency test is to check if different labs can reach the same conclusion at the end of the DNA testing. During the testing, labs can have minor different results, due to technical issues and different procedures. That was the case in the testing I did in 2011 and 2012.
You fail the test if you reach a wrong conclusion. I reached the correct conclusions, hence I did not fail the proficiency test. Failing the test will lead to a withdrawal of our accreditation. We never lost our accreditation. Morrissey either does not understand how a proficiency test is set up, or he is deliberately trying to make us look incompetent.

But let us look at real mistakes, made by the Denver police lab:

The Denver lab was not capable of detecting their errors before the wrong people were arrested. One can only wonder how many innocent people are in jail because of the work of the Denver lab and Morrissey. It is obvious why the Denver police lab does not have an ASCLD accreditation. It is unlikely ASCLD would accept these types of errors.
I can assure you that this type of errors has never been made by me or my IFS coworkers.

Fabrication 4:
“….admitted that he was ‘self-trained’ in running DNA profiles…..”

I have a degree in biochemistry which involves a large amount of DNA training. During my more than 10 years working on the Biology Department at the National Forensic Institute, I was trained in all aspects of DNA investigation. At that time, there was no educational facility where you could study to become a DNA scientist. You became a DNA scientist by on the job, in-house training.
We built our own lab. We worked closely through the years with the experts from the manufacturers where we bought our equipment. We wrote our own quality system, we validated the tests and subjected ourselves to two independent, international audits to get the personal, including myself, and the proceedings of our lab accredited. Most so-called DNA scientist do not have the opportunity to acquire that kind of in depth expertise. In that sense, we are “self-trained”, and we are proud of it.

Fabrication 5:
“….He gets paid high dollars to give opinions….”

This is offensive and hypocritical. We do pro bono work worldwide. In the United States we haven’t made more than 20,000 per year for the last 5 years.

Morrissey on the other hand wanted more money even though he was already the highest paid state elected official:

Fabrication 6:
“… he is a fraud….”

A fraud is a person intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities.
Where is the proof that I am a fraud? Does Morrissey base his claim on the accusations put up in fabrications 1 to 5? Accusations we proved were wrong and which Morrissey knew were unjustified?
A lot of judges, people working for law enforcement and defense lawyers think different about me. In the Netherlands, I got a certificate as court appointed expert. This means that the courts can rely on your integrity and opinions. A lot of experts in the Netherlands do not hold such a certificate.
Furthermore, I was allowed by the Ontario Provincial Police to go to crime scenes and review cases. It is very unlikely a “fraud” would get this opportunity and get a thank you letter for other work.

The Denver DA’s and prosecutors from others states did an extreme amount of investigation into my background. The even contacted co-workers from more than 10 years ago at the Netherlands Forensic Institute. I have no problem with that, I have nothing to hide. On the other hand, they must have become aware that perpetrators are in jail because of DNA evidence I found and reports I wrote. They also know I am not corruptible because I worked on several miscarriages of justice in the Netherlands and was responsible for turning the verdicts around (cases like the Puttense homicide and the Deventer murder case).

Morrissey went before the cameras to try to destroy my reputation. Willingly and knowingly, he made statements about me that are untrue and can be easily proven so. It went all over the United States and we have yet to determine the extent of the damage. We are seeking legal advice and will decide the coming months whether to take legal action.

Let us look at what Morrissey is implying with his statements:
Is he suggesting that Tim Masters is guilty of the murder of Peggy Hettrick? Is he trying to defend the police work in the Masters case? Tim Masters was the first official wrongful conviction in the history of Colorado. Given the quality of the Denver District Attorney Office, especially under the leadership of Morrissey, it is unlikely that Tim Masters was the first or the only one.
The Attorney General’s office cleared Tim Masters of any wrongdoing and exonerated him completely and unconditionally. After the DNA examination of our lab proved Tim Masters innocence, the Colorado Bureau of Investigation (CBI) did their own investigation and confirmed our findings. That part was left out in the statements made by Morrissey.
Morrissey upholds the public office of leading the Denver district attorneys. One would expect high integrity.

Another example is the case of Moses-El.
Moses-El was convicted of rape on partly based on a dream of the victim. The DNA rape kit, and other physical evidence, was destroyed by the police after a judge ordered testing on it. Morrissey saw no reason to reopen the case. Years later after public outcry, instead of releasing the man Morrissey spend tax payers’ money on retrying this case and gets slapped in the face by a jury’s “innocent verdict”.

Finally let’s have a look at the JonBenet Ramsey case, Morrissey apparently wanted to indict the father and the mother.
There is one problem however, in that his own Denver police lab did find DNA of at least one unknown male inside the panties of JonBenet. A profile that does not match the parents. But that did not stop Morrissey to try to indict the parents.
BODE technology, a private lab, made things worse for Morrissey because they confirm the results from the Denver lab. They took two samples from the long-johns which Jon Benet was wearing. These samples were not taken at random but from the sides where a perpetrator could have pulled them down. If you find an indication of the same unknown male on a girl of 6 that has been raped, you want to know who that is, before you starting an indictment of the parents. We analyzed the case for A&E and came up with ideas how to solve the case.

The only way for this exculpatory DNA to go away is if huge mistakes were made by either the Denver lab and/or CBI. These mistakes could be a contamination combined with the inability to detect such a mistake. If this is the case, the lab at fault could lose its accreditation.

I think Morrissey has felt threated by my work from the beginning. The Attorney General asked IFS to investigate the Peggy Hettrick case after the release of Tim Masters, not the Denver Police Lab. We advised the Boulder DA how to do the trace recovery on the clothing of JonBenet and the profile of the unknown male was where we said it might be.

In another case, we have been investigating evidence and generated profiles for law enforcement. The Denver Police Lab refused to compare our results with possible suspects.

Morrissey is just shooting the messenger of ill news.

This is to be continued……

The transcript of the case.

This was the case in which Denver DA Mitch Morrissy claimed that I admitted not having performed DNA extractions and DNA analysis.

The Denver DA in this case Dawn Weber used transcripts from other cases, like Casey Anthony, David Camm and Tim Kennedy in which I testified. Those cases were huge compared to this alleged rape case. The problem with transcripts is that I never get to verify and agree on what is written down. In this case, there is a very easy mistake. I said that I testified about 90 times as mentioned in my CV. The court reporter wrote down about 19. That is a heck of difference. 

English is not my first language therefore it is understandable that court reporters get it wrong sometimes. Besides that, I speak very fast which makes it even more difficult for a court reporter to understand me. Sometimes the court reporter in this case abbreviated the Netherlands Forensic Institute to the Netherlands. The DA was talking about my time at the Netherlands forensic Institute not about the time after 2005 when I left the Institute and I was still living in the Netherlands. Below you can see that the way of questioning was not very friendly. Often you can not answer the question correctly with a yes or no, if for instance you don’t know the context of the question. This case proves that the Denver Da’s will explain my answers in the way they want to see it, even if it is not true.

The Denver DA’s said I admitted that I had no experience in DNA extraction and DNA analysis. The text below show my answer to one the questions.

The text above means that I also do DNA extraction and DNA analysis since 2005. I do not know what the Denver DA’s and the judge don’t understand about this. But maybe this got lost in translation as well. Then about admitting failing the proficiency test. The DA comes with that. My answer in the transcript is shown below. I think that this answer is clear.

At one point the judge asked the DA and the defense lawyers to his table and then they talked about something which I could not hear. Reading the transcript, I still don’t understand exactly what is going on. The way I read it he did not hear enough of my qualifications. If this is correct than it is up to the defense to make my qualifications more clear. This case was very small compared to the Casey Anthony and David Camm cases.  In those cases much more time was spend on qualifying me and much more time was spend by the DA’s in order to get me disqualified. In the Camm case I even had to go through a Daubert hearing about the methods that I used. This Daubert hearing we won. I spend days on the stand in those cases. The defense in this case was rushed because the case had to be ended the next day and I did not get to explain my qualifications because the defense had no further questions. I think that was absurd and the defense should never have stopped.

Another big mistake made by the defense, was that my resume was not given to the court as an exhibit. That would help to prove that the judge made a mistake by blocking my testimony.

There is much more but I am not going to write about all issues which come up out of this transcript. You can read the transcript yourself here.

I think we can conclude that the Denver DA’s fabricated the story for the news networks because they don’t like me to investigate their cases. That they damage my reputation is not only sad for defense lawyers but also for the police forces for which we work. Cases like those of  Michelle Lawless and the Kristin O’Connell. For now I stop with talking about the Denver DA’s, because I have to go work on the case of Aaron Hernandez….

In this article in the Intercept more background information about the case is given. Also the opinions of the scientists, police, lawyers and DA’s are stated, which makes this a very interesting article.