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« Legislative News Senate Committee Discusses Forensic Commission Appointments
By Laura Nicholes
TAC Legislative Staff
The Senate Committee on Criminal Justice recently met to address issues related to the Texas Forensic Science Commission and to hear from the newly appointed commission chairman, Williamson County District Attorney John Bradley.
Governor Rick Perry made new appointments to the Forensic Science Commission in September and October 2009, including that of Bradley as chairman. The timing of the governor’s new appointments, along with circumstances involving an arson investigation report of a now-executed man, have given rise to perceived political manipulations of the commission. News critics have been circulating the idea that the commission is seeking to delay a hearing on that arson report until after the March republican gubernatorial primary. The committee pressed the new chairman about possible conflicts of interest or gubernatorial influence.
During the Nov. 10 meeting, Bradley clearly and definitively stated he has not been approached or advised by the governor’s office in how to proceed with commission business.
“I have never sat down and had a conversation with the governor or his staff and been told that I had to do anything in connection with this commission,” he said. Later, when again questioned by Sen. Rodney Ellis about whether politics played a part in the reappointment of commission members, Bradley replied, "I don't see myself as being someone else's political pawn and I don't think you've ever seen that I’ve behaved that way."
The Texas Forensic Science Commission (FSC) was created by the Legislature in 2005 (HB 1068) in “response to problems arising from the Houston Police Department and the horrible conditions in the [crime] lab,” according to Sen. John Whitmire, chairman of the Senate Criminal Justice Committee. However, the commission was not funded by the Legislature until 2007.
Bradley testified that the commission lacks rule making authority and therefore lacks clear policies, procedures and definitions. He told the Senate committee that “the strongest way the commission can make progress is to look at the process,” and the process must be guided by policy. Whitmire advocated for a very transparent, public process so that agencies accredited by the FSC will be held accountable. Bradley suggested safeguards be put in place to protect individuals, such as whistleblowers, and the integrity of the commission and its duties.
Whitmire asked Bradley if being a district attorney will pose a conflict of interest to his chairmanship of the FSC. Bradley replied that the unique nature of the commission poses challenges to all its members but he will wear his “commission hat” when dealing with commission business.
”The commission has to be very careful about the process that it develops so that we keep the focus on forensic science — not on the criminal case,” Bradley said.
The Senate Committee on Criminal Justice will schedule subsequent hearings for the Forensic Science Commission as determined by the committee.
For more information, contact Legislative Staffer Laura Nicholes at (800) 456-5974 or LauraN@county.org.
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