In Durham on Friday, Judge Orlando Hudson threw out decade old murder charges against Derrick Allen after it came to light that the SBI hid laboratory reports showing that alleged blood evidence wasn't blood at all.
The blood was key evidence tying Mr. Allen to the crime. The SBI provided evidence to the defense showing initial tests indicating that the substance was blood, but hid more sophisticated, confirmatory testing that showed no blood was present.
SBI agent Jennifer Elwell denied wrongdoing and stated on the stand that she viewed the State as her client, showing her bias. She also stated she hadn't read much of the crime lab audit that targeted her section, despite Attorney General Cooper's public stance behind the audit. This shows that the lab agents aren't being trained on, nor having their behaviors modified due to the audit.
Allen had wrongfully spent over 10 years in jail, maintaining his innocence the entire time.
Will the state seek criminal charges against the SBI agent who stole 10 years of Mr. Allen's life?