[Moxley Confidential] CSI Games: If DNA Evidence Doesn't Fit in Orange County, Alter It?

In the wake of a November 2005 OC Weekly article detailing how a 20-year-old Buena Park man faced prison for a robbery/carjacking he didn’t commit, prosecutors asked the Orange County Sheriff’s Department crime lab to alter key exculpatory evidence.

Veteran forensic specialist Danielle G. Wieland made the charge last month during a civil deposition related to the December 2005 wrongful conviction and imprisonment of James Ochoa, according to documents obtained by the Weekly.

The allegation is just the latest in a series of sensationally callous screw-ups by law enforcement—police, prosecutors and judges—that aligned to raid Ochoa’s house, arrest him and steal his freedom. He spent 16 months in the Orange County Jail and a California prison. Later, DNA evidence fingered the real bandit, a career criminal in Los Angeles.

James Ochoa, holding his little brother, before his arrest
James Ochoa, holding his little brother, before his arrest

The Ochoa travesty didn’t happen merely because the Orange County district attorney’s office repeatedly ignored exculpatory facts. According to Wieland’s testimony, they actively sought to convict Ochoa as mounting evidence pointed to his innocence.

At the heart of the battle was the integrity of the OCSD crime lab’s work on the case. Wieland performed numerous tests to determine if Ochoa’s DNA could be found on items the bandit inadvertently left at the crime scene: a black baseball cap, a gray plaid long-sleeve shirt and a BB gun. There was also DNA left in the stolen car that didn’t belong to the two victims. All of the sheriff’s department tests excluded Ochoa as a DNA contributor. Two other crime-lab officials independently double-checked and confirmed Wieland’s results. In her official records, she recorded “no [Ochoa] match.”

That result created a problem for the DA’s office, where officials weren’t elated that the Weekly had already written a 2,100-word pretrial article (“The Case of the Dog That Couldn’t Sniff Straight,” Nov. 6, 2005), which predicted doom for Ochoa. For once, it turns out it wasn’t the police who were stubborn. According to Wieland’s deposition, a Buena Park police detective told her before testing that “if [Ochoa’s] DNA doesn’t come back on the hat and the shirt, the case is closed.”

Prosecutors didn’t share that sentiment. On Oct. 14, 2005, they asked to meet with Wieland before she shared her findings with defense attorney Scott Borthwick, a young Santa Ana-based lawyer who’d taken the case pro bono because he thought officials were railroading Ochoa. In those meetings—one by phone, two more in person—a deputy district attorney asked Wieland to do something she knew was not supported by the science and possibly outright unethical: Tell Borthwick that Ochoa’s DNA had been found on the shirt.

In a civil deposition taken last month for Ochoa’s wrongful-prosecution lawsuit, Ochoa attorney Patricio A. Marquez of Morrison & Foerster asked Wieland, “Did anyone ever exert pressure on you to change your [DNA] conclusions?”

“Yes,” Wieland replied. “Camille Hill from the DA’s office . . . She called me and asked me to change the conclusion that Mr. Ochoa was eliminated from [DNA found on] the left cuff of the shirt.”

According to the transcript, Hill told Wieland she “didn’t care” about the crime lab’s findings. “I want him [Ochoa] not excluded,” Wieland recalls Hill saying.

The DA’s demand alarmed crime-lab officials, who began to question why prosecutors were so “adamant” and “ranting” (Wieland’s description) about nailing Ochoa.

“I was pretty shocked and annoyed,” Wieland testified. “As a forensic scientist, we just look at the evidence.”

In a subsequent face-to-face confrontation, Hill arrived with four other DA staffers including Deputy District Attorney Christian Kim, who was assigned to Ochoa’s case. They argued that eyewitness and police-dog identifications of Ochoa as the bandit (sloppy and tainted, respectively) must have been right.

Wieland brought her own crime-lab colleagues as backup. According to Wieland’s deposition, “We kind of went back and forth [with the DA’s office] on why we felt the sample was eliminated as a contributor. And it ended up with us pretty much not backing down and saying he’s still excluded, still eliminated.”

Hill, a veteran prosecutor and DNA expert who once worked as a forensic specialist for the Houston Police Department, thinks this is a non-story. She describes herself as a “lawyer/scientist” and defends her contact on the Ochoa case with Wieland.

“I, in no way, did anything unusual,” Hill tells the Weekly. “About every week, we ask the crime lab to reconsider findings. Sometimes, they make changes.”

Hill says she originally thought “it looked like [Ochoa’s DNA] was [on the bandit’s shirt],” but she eventually accepted the sheriff’s department’s conclusion after the crime lab shared more details from an electropherogram.

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