Nebraska CSI chief accused of falsifying evidence records found not guilty on federal charges

Neb. CSI chief accused of records fraud acquitted

OMAHA, Neb. — A federal jury has acquitted a Nebraska crime-scene investigator accused of falsifying records in a 2006 double-murder case and depriving two men initially charged in the slayings of their rights.

Jurors took little more than an hour to return not guilty verdicts Thursday on all four counts against Douglas County CSI commander David Kofoed.

Kofoed, 52, was charged in April with falsifying records, mail fraud and two counts of civil-rights violations. He was accused of impeding an FBI investigation into possible violations of the two men’s rights by creating fraudulent documents.

“People can see through B.S. and this jury did,” Kofoed’s attorney, Steve Lefler, said immediately following the verdict.

Lefler pumped his fists in the air outside the courtroom amid supporters, including Douglas County Sheriff’s officials and Kofoed’s mother.

Kofoed has been advised by his attorney not to comment publicly. He faces two related civil lawsuits and a state charge of evidence tampering. His arraignment in the latter case is set for Monday.

The charges stemmed from Kofoed’s work investigating the murders of Wayne and Sharmon Stock, who were found shot to death in their rural Murdock farmhouse in 2006.

On April 27, 2006, Kofoed collected a speck of Wayne Stock’s blood from a car linked to Matthew Livers and Nicholas Sampson. Kofoed’s finding was the only physical evidence linking the killings to both men, who were initially charged in the case and spent months in jail before they were cleared.

But in his reports, Kofoed said he collected the evidence from the car on May 8, 2006.

Livers had confessed to the murders and implicated Sampson, according to court documents. He recanted that confession a day later.

Charges were dropped against both men later that year, several months after authorities turned their attention to a Wisconsin pair. Investigators traced a ring at the crime scene to Jessica Reid and Gregory Fester of Horicon, Wis., who eventually pleaded guilty to the murders and are serving life sentences in prison.

Kofoed told an FBI agent that he had possibly been daydreaming when he misdated the records. He also testified during his trial that the distractions of being the CSI division’s only supervisor likely are to blame for his mistakes.

An FBI investigator testified that Kofoed told her the evidence turned out to be cross-contaminated.

U.S. Attorney Joe Stecher said he has no regrets about how he handled the case.

“We respect the jury system and the jury decision,” he said.

Prosecutors said during closing arguments earlier Thursday that Kofoed shirked protocol, falsified reports and then spun a web of lies to cover his tracks. They said his actions left Sampson and Livers to face “dire consequences.”

But Lefler said a jury would be hard-pressed to convict Kofoed because he just made a simple, human mistake, had no evil intentions and is now being vilified by overzealous prosecutors.

Jurors said Thursday that their decision was easy.

Amy Niemeier of Omaha said Kofoed was convincing on the stand and jurors found more credibility in arguments made by the defense.

“It was almost like he was some kind of sacrificial lamb,” she said.

Juror Angie Knight of Omaha said she was sorry that Kofoed had to go through “such terrible abuse.”

“He has one less thing to worry about,” she said.

On the Net:

U.S. District Court, www.ned.uscourts.gov/