Courts - Nebraska State's CSI chief headed to trial -- again Prosecutors: Investigator intentionally planted blood evidence

By Jean Ortiz Associated Press Writer OMAHA, Neb. (AP) -- Douglas County's chief crime-scene investigator is headed to a second trial in which he's had to defend himself from allegations of wrongdoing in a 2006 double-murder case that led to two innocent men being charged and jailed for months. David Kofoed faces a single count of evidence tampering in Cass County where his trial started Monday. He was acquitted on related federal charges in September. Both cases stem from his work four years ago investigating the murders of Wayne and Sharmon Stock of rural Murdock. Special prosecutor Clarence Mock has argued that either Kofoed intentionally planted evidence using an unsealed evidence bag containing Wayne Stock's blood-soaked shirt or made a mistake by not promptly submitting the evidence, but made it look like he did. To prove his case, Mock intends to use a past case to show Kofoed intentionally planted blood evidence in the Stock murders. Mock alleges Kofoed also planted evidence during an investigation into the 2003 disappearance and presumed death of 4-year-old Brendan Gonzalez. The boy's father, Ivan Henk, is serving a life sentence for the slaying, although Brendan's body has never been found. During a 2003 court hearing, Henk shouted to the boy's mother that he killed Brendan "because he was the Antichrist." He later said he dumped the boy's body in a trash bin, prompting a weeks' long search of the Sarpy County landfill. The effort proved fruitless, although Kofoed did report finding traces of Brendan's blood inside the trash bin. After Kofoed was charged last April in state and federal court for wrongdoing in the Stocks' murder investigation, Henk alleged that Kofoed tampered with evidence in his case, too. He asked a judge to toss his conviction, but was denied. A judge said the characterization of the blood evidence as critical to the case was unreasonable because Henk confessed. In raising the issue again, Mock is relying on new test results that failed to find traces of Brendan's blood on previously untested debris taken from the trash bin. If Brendan's DNA was really in the trash bin in the quantity and quality believed, then the new test results should have come back similar to previous tests, Mock argues. Previous tests on filter paper Kofoed said he used to swab debris from the trash bin matched up with Brendan's DNA. It proves the evidence was planted and that Kofoed was responsible, Mock argues. Kofoed's attorney, Steve Lefler, argues it doesn't prove anything. Lefler said the new tests performed on the Henk evidence weren't as thorough as the tests Kofoed had performed. Plus, Lefler says it's likely that any DNA present on the evidence from the trash bin in 2003 would have degraded significantly before this year's retesting. "Obviously the government lost in round one against Dave, and that should have been it. But for whatever reason, the government is trying again, trying a different approach," he said. "They're going to throw the kitchen sink at Dave now, and I'm stupid enough to think that we can catch that kitchen sink." Lefler has denied that sinister motives were behind his client's work in 2006 probing the Stock murders. A speck of Wayne Stock's blood that Kofoed said he found during an April 27, 2006, search of a vehicle linked to Nicholas Sampson and Matthew Livers was the only physical evidence tying them to the murders. Kofoed did not file an official report on the blood sample until May 8, 2006. He indicated the evidence was collected that day but has since admitted it wasn't. Kofoed has said distractions led to the dating error. He also has said he believes now that cross-contamination explains how he found blood in the car. Sampson and Livers, who is Wayne Stock's nephew, initially were charged in the murder and held in jail for months before being cleared. Livers initially confessed to the killings; his attorney argued the confession was coerced. Livers later recanted. A stolen ring found at the crime scene led authorities to Jessica Reid and Gregory Fester, both of Horicon, Wis. They were convicted in the murders and are now serving life sentences in prison. Livers and Sampson later sued Kofoed and others involved in the investigation, alleging civil rights violations. Those cases are pending. Kofoed, who remains on administrative leave, faces up to five years in prison, a $10,000 fine or both if convicted on the felony evidence-tampering charge. ---------- Associated Press Writer Josh Funk contributed to this report from Plattsmouth, Neb. Published: Tue, Mar 16, 2010

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