DWI cases under review
Expert’s résumé triggers audit of past 10 years
More than 10 years worth of DWI cases are under review after questions were raised about the qualifications of a county lab supervisor, according to the Harris County District Attorney’s Office.
In a letter sent to Houston defense attorneys this week, the district attorney’s office said Fessessework Guale has testified that she received a different master’s degree than what she earned.
The letter, a general notice to attorneys representing the thousands of DWI cases in Harris County every year, invites them to request a review of any cases involving Guale’s testimony since 2006. It is not known how many cases — if any — could be challenged.
“The District Attorney’s Office will facilitate specific requests for review of Dr. Guale’s trial testimony in Harris County prosecutions from 2006 to present,” according to the letter from Assistant District Attorney Inger Chandler.
The revelation outraged defense attorneys, who say Guale may have lied about her résumé every time she was on the witness stand — which could be scores of cases.
“I think that she has troubles with truth-telling,” said defense attorney Tyler Flood, who is president of the Harris County Criminal Lawyers Association. “And she has put a lot of people in jail, and prison, for getting up on the stand and talking about junk science.”
The scrutiny comes as the DA’s office is reviewing hundreds of other criminal cases that may have been jeopardized by the destruction of evidence in the Precinct 4
Constable’s Office.
Guale is employed as an assistant chief toxicologist by the Harris County Institute of Forensic Sciences, informally known as the medical examiner’s office, which stood behind her on Wednesday.
“Dr. Fessessework Guale is fully qualified to hold her current position at the IFS and to provide expert testimony in court,” according to a statement Wednesday. The statement went on to say a review of Guale’s credentials and some of her testimony showed, “a difference between the title listed on her degree and her testimony.”
The statements from the DA’s office and the medical examiner’s office both refer to Guale as a doctor but do not indicate if she has a doctorate or a medical degree. Accusations of lying
Guale has testified that she possesses a master of science degree in toxicology. The medical examiner’s office, however, said Guale’s degree is a master of science in physiological science with coursework and research in toxicology. She has also earned certification by the American Board of Forensic Toxicology, according to the statement.
Her duties have been reassigned pending retraining in courtroom testimony and the agency is reviewing her testimony in earlier cases to see if any action needs to be taken.
Defense attorneys accused Guale of lying about her qualifications to persuade juries to convict suspects in cases involving DWIs, intoxication assaults and fatal crashes in which drivers are accused of being drunk.
“Some of these people are not guilty. They’re below a 0.08 (blood-alcohol content) at the time of driving,” Flood said.
Flood particularly criticized Guale for her testimony on “extrapolation,” which is an estimate of intoxication hours after a wreck or arrest, based on a person’s blood-alcohol level when tested.
“She’ll tell juries, under oath, that a person was intoxicated at the time of driving when that’s not the case,” Flood said. Questioning credentials
Flood cross-examined Guale during a trial last month. Although she had testified in more than 15 of his earlier cases, he questioned her credentials more extensively during that trial. It was because of that heated exchange, Flood believes, that prosecutors looked more deeply into Guale’s résumé and uncovered the discrepancies.
He credited the district attorney’s office with prompt action after they apparently learned of the questions.
“The judges were misled. The prosecutors were misled,” Flood said.
The district attorney’s office referred questions to the medical examiner’s office.