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Missing Evidence

Atlanta Police Evidence Room during Scott’s case

Atlanta Police treat evidence like trash
Atlanta Police treat evidence like trash

In the investigation of the death of Mr. Coffin, the State collected many pieces of physical evidence, but they treated this evidence without regard for established evidence handling procedures and much of it has disappeared.

In total, over 70 pieces of evidence (Missing Evidence.pdf) is gone without explanation or justification. This includes the alleged murder weapon, crime scene fingerprints that were not Scott’s, shotguns, DNA swabs, gas cans, blood evidence, a torn piece of clothing from Scott’s attacker, bullet projectiles and casings, and even the victim’s entire automobile. How could this possibly happen in today’s world of advanced forensic science and CSI culture?

Five separate state agencies lost evidence in the case. This was not one act of God, one negligent clerk or even one bad apple in the evidence room. This was a complete failure to preserve constitutionally material evidence across five separate agencies (The Atlanta Police Department, the Atlanta Fire Department, DeKalb County Fire and Police, the Fulton County DA’s office and the GBI) and dozens of officers and state personnel (see State Personnel List). Do you know any of these people or any misconduct on their part? Please review the specific details on the Missing Evidence in a paper for a detailed outline.

Evidence that could help the State with their case against Scott Davis was preserved, tested fully and available for trial. Evidence which would or could exonerate Scott Davis disappeared without explanation and little or no chain of custody information and certainly no rational justification. For example the fingerprints on the victims Porsche were never run through AFIS or any other available fingerprint system although the State had them for at least nine years. Then right before Scott’s indictment, when Scott’s defense could have demanded they be tested, they disappeared.

Troubling facts

  • The State has not conducted a formal investigation of the loss of evidence in this case.
  • Not one person or agency has been held accountable for these losses.
  • The police did not run the fingerprints through AFIS.
  • The torn piece of clothing found on Scott Davis’s fence was not analyzed to provide leads to Scott’s attackers and now it cannot be found.
  • Prosecutors and police managed to only preserve the evidence they thought was damaging to Scott Davis. They tested it fully. Why was it preserved, yet all other evidence disappeared?

Should we just trust the State?

Beyond the sheer magnitude of the loss which is the worst in Georgia history, prosecutors also demand we just trust them and their results of tests. One of their main claims is that they tested most of the evidence including that damaged in the fires and we should trust their findings. The defense had no opportunity to examine and test that evidence. Why should we have faith in their competency and why should we trust their word?

The State allowed over 70 pieces of evidence to disappear. How do we know it was not intentionally hidden or destroyed? They claim that they continually and diligently investigated this case, yet they “misplaced” the evidence, why do they deserve our trust? The cold hard fact is they don’t!

If they can’t preserve all the evidence, their test results and claim of thoroughness ring FALSE. The defense deserved a chance to run their own tests on this evidence. Many things might have been found with the advanced technology in place at the time of trial which was 10 years after this crime was committed:

  • There might have been blood in the tiny crevices of the alleged murder weapon that could have been identified through modern DNA techniques or other new technology.
  • The Porsche fingerprints could have been run through AFIS to find the killer from a data base of over 70 million profiles of convicted felons.
  • The piece of clothing that was torn from the attacker as he went over the fence at Scott’s house could have had DNA evidence on it. There could possibly have been blood on the scrap of clothing from where it was torn on the fence
  • Coffin’s blood could have been analyzed by the defense to prove Coffin was alive on Tuesday 12/10/96 by using the metabolites of cocaine in his blood to pinpoint time of death.
  • The gas can found in Coffin’s car could have been analyzed further for “Touch DNA” to prove who in fact handled it. As well, identifying marks would have proved it wasn’t Scott’s.
  • “Touch DNA: analysis on the so-called “Olympic Bag” (which had no Olympic logo) could have proven Scott never touched it yet Megan Bruton did touch it.

These are just a few examples of many, many more. The “lost” evidence was devastating for Scott. Prosecutors ingenuously claim that the loss hurt them, but that claim made no sense.

How did it hurt them? They preserved all the evidence they saw as damaging. They “lost” all the rest, yet they get to claim test results that favor them. Much of the evidence including the fingerprints they didn’t even test fully, yet they refuse to admit it.

Porsche Fingerprints

Despite solving hundreds of thousands of crimes with fingerprints, they “forgot” to run the prints through AFIS or didn’t follow up on it, as Det. Chambers said? They sure thought the prints were valuable when they first found them and almost immediately compared them to Scott’s. However, when they found they were not Scott’s the prints were a liability, as they might identify other suspects. In an email sent to Scott’s defense lawyers, ADA Ross even admitted in an email that they destroyed the prints intentionally when they didn’t match Scott’s!

In Scott’s habeas hearings, GBI print examiner Al Pryor admitted he INTENTIONALLY DESTROYED the prints against all logic and SOP. So, he lied at trial and so did police and the prosecution.

How can that be just or fair?

The double standard couldn’t be more clear, when you look at the way prosecutors handled the evidence. Prosecutors treat the so-called “leaf blower note” written by Scott as if it was the Rosetta Stone. Prosecutors preserved it in a lockbox for over 10 years. They did handwriting analysis and fingerprint analysis on the note to prove Scott wrote it. They did all this
despite the fact that Scott admitted writing it! Prosecutors even brought the handwriting expert to trial to show the comparison. Yet with the fingerprints, everything disappeared right before they would have been available at trial.

As you can see from a GBI Evidence Submission Document, prosecutors were trying to prove even in 2005 that these prints didn’t matter. They submitted a letter written by Coffin, Jr. with the prints from Coffin Sr. to eliminate them as ones possibly found on the letter. It shows that prosecutors were actively trying in January, 2005, to match the prints found on the Porsche in 1996, to David Coffin, Jr. Why didn’t they get prints in 1996 from all the available evidence at Coffin’s home? Regardless, it shows prosecutors valued this evidence and recognized its exculpatory value in proving Scott innocent. It was a threat to their case.

Fulton County Investigator Carter Jackson even testified in Scott’s Motion for New Trial hearing that prosecutors had the prints and were actively tracking all this down. If the prints weren’t good evidence and relevant to the case, why were prosecutors doing all this?

Another major question is why were prosecutors and police lying about the prints and why were they withholding documentation about their actions? The only answer is bad faith on their part.

Sheila Ross twice told Scott’s lawyers the prints were destroyed. Once she said DeKalb County destroyed them. Once she said APD destroyed them. This was pure deception and there is not one piece of evidence to support her contentions. Why all the deceit?

Only post trial did Scott’s defense learn about the truth.

Even today, very little evidence documentation has been provided to Scott. Where is it?

Atlanta Fire Department

AFD handled the crime scene at the arson of Coffin’s house at 951 W. Conway. At the scene, fire investigators collected the alleged murder weapon (9mm Beretta) that belonged to Coffin and was allegedly stolen the prior weekend, although it and other items reported stolen, strangely reappeared at Coffin’s house. Police claim the gun was the murder weapon and ballistics are consistent but the proof is far from definitive despite Detective Chamber’s claim that “Ray Charles could see it was the murder weapon”. The truth is that a 9mm Beretta is a fairly common pistol and a Ruger could also have been used, as experts testified at the trial. Another item that points to the murder weapon being another gun was that the pistol was not assembled when found and the magazine was not in the gun.

The State collected the pieces and sent them to the GBI Crime Lab where they were allegedly tested but how can we trust that considering how the evidence was handled? The State claims they weapon could not be tested fully do to the fire damage but the weapon looked intact in photos. However, we can’t trust the State because the GBI technician that allegedly tested the weapon, Bernadette Davy resigned in 2009 because she admitted to falsifying and manipulating test results as divulged in this article

Regardless, it was returned to AFD in the 90’s along with more than 30 other items, AFD employee, Linda Tolbert, signed for all the items as seen on a UPS delivery document.
Everything disappeared after that with no reason or explanation. None. Tolbert gives no clue what happened to it. AFD has not provided one evidence document about the chain
of custody, evidence logs, or final disposition. How can that be? Do they not record evidence? Do they not track evidence? Is losing 30+ pieces of evidence in a major high profile murder case standard operating procedure? Why has no one done an investigation? Why has no one been held accountable? Even AFD Chjef McNeal said this was not normal.

The loss includes a firearm so where is the ATF? Does Tolbert have no responsibility to preserve evidence?

One thing is certain, Prosecutors didn’t care. If they were telling the truth when they say they care about the missing evidence, where are the investigations? Why has no one been fired?

The lack of all this shows prosecutors benefitted and therefore did nothing.

Atlanta Police Department

The APD appears to be the worst offender of all. APD’s evidence tracking process seems to be virtually non-existent. Detective Chambers and Detective Walker (the co-leads) appear to take no responsibility for the evidence in the case.

All the prosecutors and police simply blame each other. None take responsibility. APD’s software for tracking evidence appears to be intentionally designed for clouding the picture of evidence presentation. Evidence handlers consistently didn’t enter detailed information.
In Scott’s case, it is impossible to see what happened because so little was entered or so little has been turned over that Scott’s defense couldn’t possible decipher what happened.

Although numerous subpoenas were issued, APD still hasn’t disclosed their processes and procedures. Every time a request is made, new documentation appears.

Can you help us get all the information? Submit a lead here.

From the little documentation available, Det. Walker entered into the evidence room “3 bags of Crime Lab Evidence” in June, 2003, as evidenced by this document.

What is in those bags is still unknown. Walker has dodged two subpoenas to testify and “doesn’t remember” anything when asked off the record.

Why was something being put in the system in June, 2003? What is in the 3 bags? Why wasn’t it entered before 2003? Was this all the crime lab evidence missing from everywhere else?

All we know now is that the 3 bags are gone without explanation

The only thing turned over at trial were four irrelevant items found at Scott’s house, which were of no value to anyone.

What happened to all the rest of the evidence collected by APD and the Homicide Detectives? Chambers and Walker say they know nothing. As seen by these GBI pickup sheets, Lt. S.K. Padgett and others physically pick up items from the GBI in 1999. Yet there is not one document showing APD put them in their evidence system. Where did it go?

How can this be allowed? No one in APD has investigated the loss. In fact, they have hidden it. Why has no one been held accountable? Is this standard operating procedure in Atlanta and the State of Georgia? DeKalb County and Fulton County, DA

Both these agencies also lost evidence. (This makes five separate agencies that have lost evidence,) DeKalb destroyed all the items found in Coffin’s burning Porsche, against all their written policies and procedures. This evidence included a shotgun, knife, gas can and the so-called but not Olympic “Olympic bag”. See this evidence sheet.

DeKalb even returned the entire Porsche to the family without the defense being able to test it.

Fulton Co. lost a caller-id box and the tape of phone messages, from the P.I. Daws. Prosecutors instead used an edited version from the grand jury video. Who knows what else was on Daws’ messages or even if the messages were complete or accurate?

Summary

All of this crucial evidence is gone. New forensic technology is discovered every year and could be used to analyze evidence in this case if it could be found. Things like Touch DNA and new Laser Fingerprinting could make a difference in the findings in this case.

Can you help us find out what happened to this evidence?

  • Are you aware of any misconduct regarding evidence in this case?
  • Do you know where any of the evidence is today?
  • Can you provide us with any evidence documentation?

The case numbers used in this case are:

Help us get the information Scott needs for his defense. Please contact us now.

Finally, prosecutors continue in pleadings to minimize the loss of evidence. They also claim the defense over the nine years between the crime and Scott’s indictment never asked prosecutors to test evidence or preserve it. This disingenuousness typifies prosecutors attitudes and dishonesty in this case.

The defense didn’t ask, because they didn’t know about most of the evidence and didn’t have the right to test it because Scott was not indicted until November, 2005. He did not have subpoena power until then. Moreover, why would Scott want to spend many thousands of dollars testing the evidence when all the charges against him had been dropped? As well, who would expect the State to lose 70+ pieces of evidence?

In summary, the loss of evidence was devastating for Scott, beneficial to the State, and something has to be done to right the situation.

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