DENVER (KDVR) — A man who was convicted of first-degree murder had his conviction vacated, tied to the alleged misconduct of a forensic scientist who analyzed DNA samples for the Colorado Bureau of Investigation.
In 2012, Michael Clark was convicted of first-degree murder in the 1994 shooting death of Marty Grisham at his Boulder home. Clark had been serving a sentence of life in prison without the possibility of parole.
A DNA swab in the case had been originally tested by Yvonne "Missy" Woods when she worked at the CBI, according to a press release from the Office of the District Attorney of the Twentieth Judicial District.
Police: Suspect wanted for causing over $35k in damage to speed cameraWoods provided the first analysis of the DNA from the incident and ruled that the DNA belonged to Clark, resulting in his arrest and conviction. Woods is currently under indictment and being prosecuted in the First Judicial District.
Clark filed a Motion for Relief, citing misconduct from Woods, juror misconduct and ineffective assistance of council.
Woods' misconduct and other circumstances surrounding the case resulted in the DA's Office requesting a re-testing of the DNA sample in the case by an independent lab.
BODE Technologies tested the original swab samples and also re-swabbed the inside and outside of the item possessing the DNA. It determined there were inconsistencies with the DNA belonging to Clark.
The DA's Office reviewed the motion and decided to waive the conviction and reinstitute a bond of $100,000; Clark is eligible to post bond.
The office said that the action is consistent with the ethical obligations for prosecutors and appropriate, considering the exceptional circumstances presented.
The DA's office says it intends to re-evaluate evidence, locate key witnesses, and determine whether the case can be proven beyond a reasonable doubt in a second trial.
Colorado’s K-12 education department will not comply with Trump Administration’s DEI order“The duty of a prosecutor is to do justice. After the misconduct of the State’s DNA lab analyst was communicated to our office, we requested a re-test of an important piece of evidence. Based on those results, as well as the significant claims of juror misconduct and ineffective assistance of counsel, our office determined that the conviction must be vacated. It is the right thing to do, after considering all three issues. In light of the charges in this case, we will carefully and thoroughly analyze all the evidence to determine the right and just outcome," said District Attorney Michael Dougherty.
A status conference to decide the next steps in the case will be held on June 6.
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