By Jean Ortiz
Associated Press
PLATTSMOUTH, Neb. — A judge on Tuesday convicted a top crime scene investigator of evidence tampering, after prosecutors argued that the investigator planted blood from a slaying victim in a car linked to two innocent suspects to bolster the case against them.
Cass County District Judge Randall Rehmeier said he didn’t believe Douglas County CSI director David Kofoed’s excuse that the victim’s blood ended up in the car because of a sloppy mistake. Rehmeier said there was enough evidence to show that Kofoed intentionally planted fake evidence.
The verdict drew gasps from those in the courtroom, mostly Kofoed’s fellow investigators and other supporters. Kofoed left the courtroom immediately following the announcement. As he walked briskly to his car dodging a throng of reporters, he could be heard saying, “It’s obvious.”
He faces up to five years in prison and a $10,000 fine at his May sentencing hearing. He remains free on bond.
While investigating the 2006 shooting deaths of Wayne and Sharmon Stock, of Murdock, Kofoed said he found a speck of blood from one of the victims in a car linked to their nephew Matthew Livers and his cousin, Nicholas Sampson. That evidence was the only physical evidence tying Sampson and Livers to the slaying.
Livers initially confessed to killings, but quickly recanted. His attorney has said the confession was coerced. Prosecutors said Kofoed searched the car and reported finding the blood after Livers took back his confession.
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 was done 11 days earlier. Kofoed has said distractions led to the dating error.
Prosecutors argued at Kofoed’s trial that he intentionally planted the blood evidence to bolster the case against Sampson and Livers, who were jailed for several months on murder charges before they were exonerated.
Kofoed argued that accidental cross-contamination was to blame for his finding.
Investigators tied a stolen ring found at the crime scene to Jessica Reid and Gregory Fester, both of Horicon, Wis. They pleaded guilty to second-degree murder and other charges in the Stocks’ deaths and are serving life prison sentences.
Special prosecutor Clarence Mock said he doesn’t take pleasure in the outcome, but he called it vindication for all those law enforcement officials who conduct their work truthfully and with integrity.
“For those people, there’s no lesson,” he said.
Kofoed’s attorney, Steve Lefler, told Omaha television station KETV he feels terrible that his mistakes ended up costing his client the decision. He added he regrets not choosing a jury to hear the case and not letting Kofoed testify during the five-day trial.
Lefler said he doesn’t fault the judge’s analysis of the case, but said that, “If you think that he’s innocent, which you’re supposed to do, you could have answered all those points.”
A federal jury acquitted Kofoed last year in a related case. In that, he had been charged with falsifying records, mail fraud and depriving Livers and Sampson of their civil rights.
Livers and Sampson have lawsuits pending alleging that Kofoed and other investigators violated their civil rights.