Firing of former SBI agent Duane Deaver upheld
RALEIGH (WTVD) -- An administrative law judge on Tuesday upheld the firing of controversial former SBI analyst Duane Deaver.
Deaver was fired in 2011 after his handling of dozens of cases involving blood stain evidence was questioned as part of a larger outside review of the SBI crime lab.
The review flagged some 200 cases as improperly handled. Investigators said some of the most egregious violations were linked to Deaver. In two of the cases, Deaver's final report on blood analyses said his tests "revealed the presence of blood" when his notes indicated negative results from follow-up tests.
Problems with Deaver's work and testimony led to a new trial for Durham novelist Michael Peterson - who was convicted in 2003 of the 2001 killing of his wife. Deaver also admitted he withheld blood evidence at the trial of Greg Taylor - who spent 17 years in prison for the murder of a Raleigh woman before he was finally exonerated.
But at a hearing before Judge James L. Conner II, Deaver's attorney Phillip Isley argued the former agent was denied due process before the decision to fire him was made. Deaver was seeking reinstatement, back pay, and attorney's fees.
In his ruling Tuesday, Judge Conner found Deaver's conduct unprofessional and a violation of SBI policies.
Deaver can now appeal to the North Carolina Human Resources Commission.
