10 Investigates uncovered serious problems with state testing at crime laboratories that could have potentially allowed criminals to go free and sent the innocent to prison.
Neal Brown, who was convicted of drug trafficking, said he never touched the cocaine that police found in his truck while he was out of town.
"I am 100 percent innocent," Brown said. "I know my DNA wasn't on (the cocaine)."
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Defense attorney Ken Rexford said that Brown's acquaintances used his house to hide drugs while he was out of town and Brown never knew about it.
Investigators collected evidence from the scene that was sent to the Ohio State Bureau of Criminal Investigation and Identification.
The state laboratory found part of the DNA signature did not fit Brown, 10 Investigates' Paul Aker reported.
An extra part of the signature that the state called a "spike" was detected. Court transcripts showed that the lab analyst conceded at the trial that the spike could have been the result of contamination.
"We know something went wrong," Rexford said. "They have admitted something went wrong. If you're getting contaminant in there, you're giving a false sense of who you're dealing with."
The question about whether there was contamination in Brown's case remains a matter of serious dispute between BCI and Rexford. 10 Investigates found that state lab workers have contaminated dozens of cases in the past few years.
10 Investigates pieced together details about problem cases even though they were heavily redacted. The station used "unexpected results" logs voluntarily generated by BCI lab employees. 10 Investigates found BCI technicians contaminated DNA tests in 106 cases in the past four years from across Ohio.
In some cases, 10 Investigates found cross-contamination, with DNA from a sample getting mixed into the other DNA from other samples. In many other cases, lab technicians mixed their own DNA into the samples, Aker reported.
One of the cases involved an alleged rape at a Findlay, Ohio, apartment. In the case, laboratory technicians missed DNA in a pair of underwear. About six months later during random retesting, an outside lab found that the semen of an unknown person along with DNA from the original lab worker.
10 Investigates found other cases involving sex crimes, assaults and at least one murder that the lab contaminated DNA tests. The cases did not appear to have been jeopardized because there was other evidence and retesting.
Still, records showed that in other cases, contamination caused "inconclusive" results and "irreparably" hurt at least one test, according to internal state lab records.
Dr. Dan Krane, a Wright State University professor who is a defense attorney consultant and an expert on DNA, said that the contamination is alarming.
"Cross-contamination of samples in a DNA laboratory setting is about the worst possible thing that could happen," Krane said. "There are absolutely no winners where cross-contamination occurs except possibly a guilty party. Even if it happens only once a year, that's something that really needs to be remedied."
Contamination occurs much more than once a year, Aker reported. After 10 Investigates turned up dozens of flawed tests, BCI confirmed that there have been 106 cases in the past four years. They are just the cases that BCI knows about.
Tom Stickrath, who recently took over as the BCI director, said that he does not have specific information about the cases that 10 Investigates brought to his attention.
"I think folks could have been more careful," Stickrath said. "We're going to take a look at that, top to bottom."
Based on our investigation, Stickrath said that an internal investigation is under way.
"I'm bringing on board a very experienced prosecutor, (a) former prosecutor that's going to help bore into these specific cases," Stickrath said.
Stickrath's words sound good for a man who is serving time because of a test that he thinks was flawed.
"They need to fix that problem with their DNA," Brown said.
Stickrath said that he has already taken some action, including demanding that lab technicians more thoroughly report testing methods and any problems that arise.
State labs will now turn their information over to attorneys involved in the case even if they have not asked for it.
Critics said that while it is a good start, more needs to be done, such as establishing an independent board to monitor the lab.
Stay with 10TV News and 10TV.com for additional information.



