Pat LaLama Reports: DNA From LAPD's Elite Takes Center Stage
February 10, 2012
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Imagine you are a member of the LAPD’s elite Internal Surveillance Unit, and your job is to tail one of your own.
Such was the case for Detectives Roberto Morales, Dante Palacio and Sgt. Jim Hensley. Back in 2009, the three men followed then LAPD Detective Stephanie Lazarus to a Costco store in Los Angeles. They had one mission….to discreetly snatch a sample of Lazarus’ DNA.
Lazarus didn’t know it, but she was a suspect in a brutal murder case that happened in 1986. At the time, the murder of 29 year old Sherri Rasmussen was determined to be the end result of a burglary gone wrong, perpetrated by two male suspects. But saliva from a bite mark on the victim’s left arm, along with other evidence, was lifted and preserved in the Los Angeles County Coroner’s office.
In 2005, cold case detectives took a new look at the case and the bite mark evidence. Using new DNA technology, it was ultimately determined that the saliva belonged to a woman. As investigators dug deeper, they determined Lazarus, a highly respected detective, was now a viable suspect. But they needed a sample of her DNA to try and match to the bite mark.
On the witness stand today in The People vs. Stephanie Lazarus, Morales, Palacio and Hensley described the undercover detail they executed on May 28th 2009, to obtain the necessary DNA.
“She was getting something to eat. There was a food court outside,” said Morales. “She had a white cup. She was drinking out of it.” Morales testified that he watched Lazarus for five to seven minutes before Lazarus stood up. Morales said he was surprised when Lazarus began walking toward him, but she discarded the cup in the trash can just three to four feet from Morales then walked toward the entrance to the Costco.
Morales went to the trash can and recovered two similar cups that were lying on top of the garbage. He picked up both cups which still had lids and straws attached.
Morales then met up with Palacio who placed the cups in an envelope. The envelope was then given to Hensley, who delivered the evidence to the LAPD crime lab.
On cross examination, defense attorney Mark Overland asked Morales if Lazarus was alone. “She was not alone. She was with a little kid,” said Morales. Morales testified that when Lazarus got up she had two cups in her hand. She discarded one and took the other with her.
Prosecutors told the jury in opening statements that DNA on the bite mark indisputably matches DNA evidence obtained from the white cup.
Except there’s a problem…….at least according to the defense.
The bite mark evidence had been stored in a freezer in the custody of the Los Angeles Coroner’s office since 1986. When property custodians went to look for the evidence in 2004, at the request of the LAPD, the envelope containing the tube that held the swab was in bad shape. “The envelope looked tainted. It was pretty ratty looking,” said Supervising Criminalist Dan Anderson of the Los Angeles County Coroner’s Office. The envelope had a big hole toward the top, exposing the screw-on-cap on top of the tube.
Anderson testified that the envelope was “so destroyed with a hole on top” that the tube containing the physical evidence could have fallen out. Anderson placed the torn envelope with the tube inside, into a bigger envelope and secured it. But Anderson testified that the tube containing the evidence had not been compromised in any way. “Nothing happened to the tube itself”, he told the court.
On cross examination, Overland said the cap could have been unscrewed. “The envelope is supposed to be secured to protect the evidence that’s inside of it”, said Overland. Overland is trying to show that the chain of custody makes the DNA comparison unreliable.
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