Thursday, December 16, 2010

Part 8 - And They Call It A Crime Lab?

       On the morning of the murder, Dr. Elaine A. Samuels, the Associate Medical Examiner of Milwaukee County performed an autopsy on Christine Schultz. As a routine part of that autopsy, Dr. Samuels collected a vaginal washing and vaginal, oral, and anal swabs from the victim. Those items were individually sealed and sent to the Wisconsin Regional Crime Laboratory to be tested to determine if there was any evidence of sexual assault. 

       At the Laboratory, Technician Diane Hansen performed various testing upon the swabs and created an official reported stating, “Examination of the following items did not reveal the presence of seminal material: Item O: vaginal washing; Item P: vaginal swabs; Item Q: vaginal swabs; Item R: oral swabs; Item S: anal swabs.” (Exhibit 8-1)  In essence, she reported there was no indication or evidence of semen on the swabs she had examined.

       Almost a decade after the murder and Laurie Bembenek’s arrest and conviction, Private Investigator Ira Robins obtained the underlying notes written by Technician Hansen and found that she had, in fact, determined that all of those listed washings and swabs contained a weak AP positive. (Exhibit 8-2) AP is the abbreviation for Acid Phosphatase which is a substance produced by a man’s prostate gland. Her notes also clearly show that she had also checked those same swabs: O, P, Q, R, and S, for sperm and wrote, “No sperm identified.” Although her notes clearly show she had found evidence of “seminal material” her official report stated that there was no presence of seminal material. Acid Phosphatase is produced by a male and therefore could not have come from Bembenek.

       Medical experts state that Acid Phosphatase would have disappeared from the body within 12 to 24 hours after sexual intercourse. All of Christine Schultz’s activities up to about an hour prior to her murder have been recorded which leaves just the time period before her death as questionable. But what about her boy friend? Milwaukee Police Officer Stuart Honeck stated to Detectives that he and Christine did have sex, “the last time being approximately 10 days ago.” (Exhibit 8-3) 

       Robins also found an even more shocking fact in Technician Hansen’s underlying notes.  She had been comparing the Christine Schultz murder case (R81-1574) with two other Sexual Assault Homicides.  (Exhibit 8-4) There is absolutely no doubt that Hansen’s official report was false and that there were, in fact, indications of semen found within the deceased. But that information, which could have changed the results of her trial, was never provided to Bembenek, as required by law.

Exhibit 8-1

Exhibit 8-2

Exhibit 8-3

 Exhibit 8-4

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