FOX5 Vegas - KVVUSheriff: DNA mix up ‘unacceptable’

Sheriff: DNA mix up ‘unacceptable’

Las Vegas Metro police Sheriff Doug Gillespie said he wanted to be forthcoming and honest when admitting a DNA mix up that led to a wrongful conviction in 2001.

Gillespie spoke with reporters Thursday, and also explained the error in a video posted on YouTube.

"This mistake should never have happened and is unacceptable," he said.

The DNA sample came from a hooded sweatshirt and mask used in a robbery, and was linked to the original suspect, Dwayne Jackson.

Jackson, who was 18 at the time, took a plea deal and was sentenced to four years in prison. He was released in 2006.

Gillespie said Metro learned of the error late last year and launched an investigation.

The mistake was identified after the California Department of Justice contacted Metro regarding a discrepancy. A sample obtained by a different suspect matched the genetic material found on the sweatshirt.

Police later determined the DNA sample was accidentally switched with one from Jackson's cousin, Howard Grissom, in Metro's forensic lab.

Grissom is currently imprisoned in California.

"This was not a scientific error, or a technology error, but a human error," said Gillespie.

David Chesnoff, the attorney representing Jackson, released a statement saying, "Everyone recognizes that it is a tragedy when an innocent person is deprived of his freedom."

"Mr. Jackson, who is a fine young man, is appreciative of the response to this terrible event by both the Las Vegas Metropolitan Police Department and the Clark County District Attorney's office and looks forward to a just resolution of the matter," the statement read.

Metro reached a settlement with Jackson just over a week ago, but officials declined to elaborate on the details pending approval by the department's Fiscal Affairs Committee.

The scientist who analyzed the DNA sample in 2001 is still employed by Metro, but is currently on paid administrative leave during an internal investigation. Terry Cook was hired by the department in 1983, but was transferred out of the lab in 2004 for an unrelated reason.

"We are in the process of reviewing the cases handled by him, and in every instance when the conclusion resulted in a DNA match," said Asst. Sheriff Ray Flynn.

There are approximately 200-250 samples that require a new analysis. The process could take two to three months, according to the department.

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