BOULDER, Colo. — A man who is in prison on a life sentence for murder is trying to overturn his conviction now that the DNA analyst on his case is under criminal investigation.
Michael Clark's attorney believes this is the first motion of its kind after the Colorado Bureau of Investigation (CBI) learned Yvonne "Missy" Woods deleted and manipulated data in hundreds of cases.
Clark has been in prison for 12 years. A jury found him guilty in 2012 for a 1994 murder for shooting and killing a man named Marty Grisham at an apartment in Boulder. In a motion obtained by 9NEWS Investigates, it is asking for Clark's conviction to be overturned.
The case went unsolved for years until Woods analyzed DNA for the case.
The motion claims Clark is in prison for a crime he didn't commit because Woods gave false testimony on the DNA. According to the motion, her false DNA opinion is the reason Clark was charged with Grisham's murder and convicted.
The case was largely based on circumstantial evidence. Boulder police had said Clark, who at the time was friends with Grisham's daughter, had forged checks he stole from Grisham's apartment. In addition to this, prosecutors felt there were a number of circumstances that together helped them charge Clark with first-degree murder.
Clark's attorney, Adam Frank, had doubts about the DNA analysis years ago. It's the reason why they reached out to a forensic scientist to get a second opinion. That scientist reviewed Woods' analysis and compared it to her testimony during Clark's trial. He said Woods testified the DNA evidence was a match but left out information that could have helped Clark.
"The district attorney isn’t the one who caused this problem," Frank said. "It is Missy Woods. We are just asking the district attorney's office to take a honest, fair look at her testimony and how it affected Mike’s case and to agree his conviction has to be undone."
Frank also said his client had ineffective assistance of counsel because his trial attorneys never hired an outside DNA expert to review Woods' work.
Earlier this year, CBI said it found more than 650 cases between 2008 and 2023 that have been affected by Woods' data manipulation. There could be more added to the list, as the agency is still reviewing her work from 1994 to 2008. Woods was placed on leave in October and performed no additional work before she retired the following month, according to CBI.
Frank believes Clark would not have been found guilty if that information was available during the trial in 2012.
"There is no way her testimony would have been presented," Frank said. "She is a completely non-credible witness. No district attorney is putting her up on the stand in any case any more. Without her testimony, there was no case."
Clark is waiting for the Boulder District Attorney's Office to respond to his motion. If they do not agree to overturn the conviction, Clark said there will be a hearing.
According to the Boulder District Attorney Michael Dougherty, CBI previously informed his office that they reviewed the work related to Clark's case. CBI determined there were no issues with her analysis.
Dougherty said in part of a statement, "I am not surprised that formerly convicted defendants want to challenge the basis for their conviction – especially given the incredibly egregious conduct by the analyst with the State Lab. I expect that similar motions will be filed in other cases. For each one of these claims, our office will closely scrutinize all the evidence and testimony to determine whether the right outcome was reached at trial. Our commitment to do justice will always include a thorough and transparent process to ensure that no one has been wrongfully convicted. That review will now get underway.”
CBI is aware of Clark’s motion. According to the agency, any decision about its merits and whether Clark's case warrants the retesting of DNA evidence properly lies with the court, after the district attorney and Clark’s legal counsel have had an opportunity to present relevant evidence.
One of the prosecutors in Clark’s case, Ryan Brackley, is now Woods’ current attorney.