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On Wednesday, a federal judge is set to hear arguments on whether evidence should be retested two decades after the man was sentenced.
COLORADO, USA — A federal judge will hear arguments on Wednesday on whether evidence examined by a DNA analyst who is now under investigation should be retested.
The Colorado Bureau of Investigation (CBI) said an internal affairs investigation found Yvonne “Missy” Woods manipulated data on hundreds of cases.
James Hunter who is now 64-years-old said he’s been in prison for 22 years for a sexual assault he didn’t commit. His attorney, Mark Burton, planned to file a lawsuit before CBI announced its investigation into Woods. Burton said the findings from the agency so far validate their suspicions.
According to a lawsuit filed in November 2023, evidence examined and tested by Woods led to Hunter’s conviction. Burton believes there needs to be more testing.
“Mr. Hunter was prosecuted and tried based on fabricated and false evidence,” the lawsuit says.
Burton will ask a federal judge to give them access to the evidence so it can be retested.
“Because we are very confident that if we get access to the DNA material that the police agency holds that we can show our client is incarcerated unjustly,” Burton said.
Days before filing Burton learned Woods was under investigation for “anomalies” in her work. Woods was a 29-year veteran at CBI and was considered the gold standard in her industry.
An internal affairs investigation found she “cut corners” and tampered with results, impacting 652 cases between 2008 and 2023. There could be more, as the agency is still reviewing her work from 1994 to 2008. CBI worked with the Kansas Bureau of Investigation to help with an independent evaluation.
“It gives a lot of weight to our argument,” he said. “It shows we are not barking up the wrong tree. I think it does.”
Burton will make his argument in federal court for a man he feels is one of the cases impacted by this internal affairs review. CBI hasn’t released to the public a list of cases that are a part of this review.
“I don’t really have a question. I am certain it is part of this,” he said.
CBI said the internal investigation did not find she falsified DNA matches or fabricated DNA profiles.
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