County judge apologizes to crime lab director
Lab was not told DNA had speedy trial deadline
A Milwaukee County judge apologized Thursday to the director of the state crime lab for suggesting lab delays led to the release of a homicide defendant over speedy trial issues.
Circuit Judge David Borowski said he now knows the responsibility fell just as much, or more, on a prosecutor he said was not fully candid about his role in the matter during earlier discussions in the case.
Borowski’s remarks came during an unusual hearing attended by the director and a top deputy to Attorney General Brad Schimel, who took exception to the judge’s comments earlier this month and responded with a detailed letter defending the crime lab.
That, in turn, prompted the defense attorneys for Antonio Darnel Mays to write their own letter to the court file, detailing exactly when they were aware of DNA evidence purportedly linking their client to two firearms — Aug. 3, just three weeks before his scheduled trial.
Mays, 44, is charged with killing two men during a dice game in March. On June 6, he invoked his right to demand a speedy trial, meaning within 90 days. But because he couldn’t get enough time to hire an expert to review the DNA evidence, the trial had to be postponed and Borowski had to reduce Mays’ $400,000 bail to $2,500, house arrest and GPS monitoring.
Assistant District Attorney Kevin Shomin shifted blame for the timing of the DNA evidence on the lab, which triggered strong criticism from Borowski at hearings Sept. 4 and 6.
But on Thursday, lab director Nicole Roehm said her staff was never told Mays’ case had a speedy trial deadline and did extensive testing and analysis of DNA evidence that met the deadlines they were given.
Assistant Attorney General Randall Schneider said that on June 21, detectives notified the lab that Mays was set for trial Aug. 27, and the case was given priority status, and a final report was issued on July 26, after 1,620 examinations of 26 pieces of DNA evidence.
“That’s an extraordinary analysis in 37 days,” he said.
Shomin, who is on a leave of absence with the National Guard, did not attend Thursday’s hearing. Paul Tiffin, who heads the District Attorney’s homicide unit but wasn’t handling Mays’ case before, fell on his sword for the office.
Tiffin said he had no disagreement with anything Borowski said.