2020/11/24

Forensic Magzine, November 23, 2020: 2,500 Cases, Forensic Lab Called into Question After Arrest of Analyst

On Friday, San Francisco District Attorney Chesa Boudin released a spreadsheet of 822 criminal cases that may be impacted by the recent arrest of a veteran forensic analyst with the Office of Chief Medical Examiner (OCME). However, the DA’s office estimates that is only a third of the cases OCME forensic analyst Justin Volk worked on during his 13-year tenure.

On Aug. 31, 2020, it was discovered that Volk had been arrested and charged with possession of methamphetamine with intent to distribute in Utah. According to the arrest report, the methamphetamine was in a bag marked “evidence” and had a slip of paper inside from the OCME’s office.

Since 2007, Volk worked in OCME’s forensic laboratory as an analyst. During that time, Volk is estimated to have played a role in the testing, collection and preservation of evidence in more than 2,500 cases, including 500 death investigations, 1,200 sexual assault investigation and 800 DUI investigations. Now, all of those cases are potentially compromised, and many questions are being raised about the work and management of OCME.

The DA’s spreadsheet, available here, lists the resolved prosecutions that have been identified to date in which Volk may have participated in. The DA’s office said the list will be updated, and encourages anyone with a case on the list to get in touch with their defense attorney.

Anticipating a surge of appellate fillings and requests for new trials, Boudin’s office sent a letter in September to the San Francisco mayor asking for additional resources. “To notify, identify and investigate the impact of the potential mishandling,” the DA’s office estimates an additional cost of approximately $455,731. The mayor’s office has not released any additional funds at this time. more