FBI faults chemist's testimony

By Ed Godfrey and Diana Baldwin

Published: April 25, 2001

Copyright 2001, The Oklahoman

An Oklahoma City police chemist gave testimony "that went beyond the acceptable limits of forensic science" or misidentified hair and fibers in at least six criminal cases, an FBI report states.

The FBI is recommending a review of all criminal cases where chemist Joyce Gilchrist linked hair or fibers with a suspect or victim and the evidence "was significant to the outcome of the trial."

The secret FBI report, obtained by The Oklahoman , was presented last week to the Oklahoma City Police Department and Oklahoma County District Attorney Bob Macy. The FBI was checking Gilchrist's work at the request of Oklahoma City Police Chief M.T. Berry.

Gilchrist, a 21-year employee of the police department, is on paid administrative leave. An FBI chemist reviewed Gilchrist's laboratory notes, her trial testimony and microscopic slides of hair or fibers in eight cases spanning from 1982 to 1991.

Gilchrist's attorney, Melvin Hall, said his client disagrees with the FBI findings.

"She stands behind her work," he said. "She feels in the final analysis she will be completely vindicated."

FBI Special Agent Douglas W. Deedrik concluded Gilchrist made errors in six of the eight cases. Conclusions could not be reached in the other two because not enough evidence was available to review.

Gilchrist's laboratory notes "were often incomplete or inadequate to support the conclusions reached," the report stated.

In five criminal cases where hairs or fibers were examined by the FBI, Gilchrist made errors in identification or interpretation in all of them, the report states. Hairs linked by Gilchrist to suspects or victims "were either too limited for meaningful comparison purposes or associated incorrectly," the report states.

In the only case involving fibers, Gilchrist incorrectly identified textile fibers on the victim's clothing and at the crime scene as being consistent with fibers in mud adhering to the suspect's shoe, the FBI said.

"None of the synthetic fibers associated by Gilchrist actually match the fiber samples from the scene," the report states.

Gilchrist's testimony in several cases also overstated the importance of hair evidence, the FBI said.

Oklahoma County Public Defender Bob Ravitz said he isn't surprised by the findings.

Ravitz said Gilchrist's work went unchecked in the 1980s because the public defender's office did not have funds to hire independent labs.

"She had carte blanche to say what she wanted," he said.

John Jacobsen, first assistant district attorney in Oklahoma County, would not comment specifically on the FBI report, but confirmed that his office is reviewing cases where hair and fiber analysis may have led to guilty convictions.

"If further (scientific) analysis needs to be done, we will do it," he said.

Hall called the FBI report one-sided because Gilchrist was not given an opportunity to explain her conclusions. The FBI did not ask for her input, and she had not even seen the report until it was provided to her Tuesday by The Oklahoman , Hall said.

"I think that's incredibly unfair to her," Hall said.

Hall called hair and fiber analysis a "very subjective" field and said it is not unusual for forensic chemists to have different interpretations. In one case cited in the FBI report, an FBI chemist previously reviewed it and agreed with Gilchrist, Hall said.

Gilchrist has received awards for her work in forensic science. Hall said it was unfair to "cherry pick" certain cases without examining her work over an entire career.

"She has done a fantastic job," he said.

Hall stressed that most of the FBI's recommendations did not involve Gilchrist but were about police lab procedures. The FBI recommended the police lab establish new protocols.