Council of the District of Columbia COMMITTEE ON THE JUDICIARY COMMITTEE REPORT 1350 Pennsylvania Avenue, N.W., Washington, DC 20004

To:

From:

Date:

Subject:

Members of the Council of the District of Columbia

Councilmember Kenyan R. McDuffie LJ , Chairperson, Committee on the Judiciary ~

October 28, 2015

Report on PR21-0324, the "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of2015"

The Committee on the Judiciary, to which Proposed Resolution 21-0324, the "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of 2015", was referred, reports favorably thereon, and recommends approval by the Council of the District of Columbia.

CONTENTS

Statement of Purpose and Effect-------------------- Page 2

Le~~~~eHi~ory ________________________ P~e5

Position of the Executive ______________________ Page 6

Advisory Neighborhood Commission Comments. ______________ Page 6

Witness List and Hearing Record. ____________________ Page 6

Impact on Existing Law _______________________ .Page 7

Fiscal Impact __________________________ Page 7

Section-by-Section Analysis--------------------- Page 7

Committee Action ________________________ Page 7

List of Attachments ________________________ Page 8

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STATEMENT OF PURPOSE AND EFFECT

Proposed Resolution 21-0324, the "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of2015", was introduced on September 18, 2015, by the Chairman at the request of the Mayor. The Committee on the Judiciary held a hearing on the resolution on October 28, 2015. This resolution would confirm the appointment of Dr. Jenifer Smith as Director of the Department of Forensic Sciences for a four-year term.

I. The Department of Forensic Sciences

The Department of Forensic Sciences (DFS) was established by the Department of Forensic Sciences Establishment Act of201 l. 1 The agency opened on October 1, 2012, at the new, state-of-the art Consolidated Forensic Laboratory at 401 E Street, S.W. The mission of DFS is "to provide high-quality, timely, accurate, and reliable forensic science services with: (1) the use of best practices and best available technology; (2) a focus on unbiased science and transparency; and (3) the goal of enhancing public safety."2

With a budget of more than $15 million for Fiscal Year 2016, DFS provides independent analysis of evidence found at crime scenes, including biological pathogens, chemical, radiological, firearms, fingerprinting, DNA, and trace evidence to the Metropolitan Police Department and federal partners.3 The Forensic Science Laboratory Division analyzes evidence submitted from criminal cases, including DNA, fingerprints, firearms, materials, and digital evidence. DFS also provides expert witness testimony in defense of its analytical reports in the District's courts. The Public Health Laboratory Division provides diagnostic and analytical testing for biological pathogens and chemical agents from clinical, environmental, or food sources, and provides emergency response testing. The Crime Scene Sciences Division provides the collection, analysis, processing, and preservation of evidence found at crime scenes. The DFS Directorate supports the work of the entire agency through strategic direction, training, quality assurance, research, recruitment, and hiring of personnel, information technology, data management, fleet management, procurement, and other administrative support services. The Advisory Board provides guidance, through peer review, in the development of DFS to ensure that strict, scientifically-valid protocols are followed and new technologies are incorporated in a timely manner.

The law creating DFS also established a Science Advisory Board, composed of general scientists as well as those focused on forensic science, and a Stakeholder Council, whose membership includes the directors of the agencies expected to regularly utilize the forensic science services of DFS.4 A primary purpose of the Science Advisory Board is to have an entity that can hold DFS accountable for its work from a science perspective, and to promote the use of best available procedures and protocols. 5 The Stakeholder Council was created in order to have a forum

1 D.C. Law 19-18, Department of Forensic Sciences Establishment Act of 2011 (D.C. Official Code§ 5-1501.01 et seq.). 2 D.C. Official Code§ 5-1501.02. 3 See Committee on the Judiciary Budget Report for Fiscal Year 2016, 49. 4 D.C. Official Code§§ 5-1501.11. 5-1501.13. 5 See Committee on the Judiciary Report on BILL 19-0005, "The Department of Forensic Sciences Establishment Act of 2011", 4.

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for those who have an interest in the work of DFS to regularly convene and identify any issues arising in the agency's provision of forensic science services. The reasoning behind the creation of the Stakeholder Council was also to have an entity that can advise the Mayor and Council on matters pertaining to the agency or pe11aining to forensic science generally.6 These entities are each important in separate ways for ensuring that checks and balances exist with regard to DFS, and that the agency operates with transparency and with a focus on science, incorporates best practices, and works to quickly resolve any issues that might arise.

II. The Suspension of DNA Casework by the Accrediting Body

In 2014, the United States Attorney's Office (USAO) gathered a panel of experts to investigate DNA analyses at DFS.7 On February 23, 2015, Deputy Mayor for Public Safety and Justice Kevin Donahue announced at a meeting ofDFS's Stakeholder Council that an independent audit of the DNA analysis and casework at the agency was to be conducted by the ANSI-ASQ National Accreditation Board of Forensic Science (ANAB). On April 22, 2015, Dr. Bruce Budowle, an expert contracted by the USAO, released a separate report on selected casework of the DNA section of the Forensic Laboratory. The report cited several thematic concerns with the casework, including inappropriate calculations~ insufficient technical review, and inadequate training on DNA mixture interpretation. 8 On April 25, 2015, the ANAB released its audit of the agency. The report found a lack of quality control in DNA analysis casew:ork, of review of bias in DNA interpretation, and technical and validation review and oversight, as well as inadequate staff training and education and competence assessments.9 On April 24, 2015, the ANAB suspended all DNA casework at the laboratory. On April 30, 2015, former Director Max Houck resigned from his post. Until the appointment of the new director, Chief Medical Examiner Roger Mitchell, Jr., acted as Interim Director of DFS.

III. Fiscal Year 2015 Supplemental Budget

The Bowser Administration expanded the Department's Fiscal Year 2015 budget with a supplemental budget of approximately eight million dollars. 10 The funding will allow the agency to right size staffing and equipment as it resumes DNA testing in the suspended laboratory, reduce backlogs, and increase staffing in essential areas of the agency. The Mayor has additionally proposed legislation to allow retired Metropolitan Police Department officers to work as employees at .the Consolidated Forensic Laboratory without losing their pension, allowing the agency to retain experienced, trained professionals with important skill sets. The funding will also establish a synthetic drug testing unit at the Laboratory. The unit will be staffed by three chemists, trained at the Drug Enforcement Agency.

6 Id at 5. 7 See Bruce Budow)e & Frederick Bieber. Final Report on Review of Mixture Interpretation in Selected Casework in the DNA Section of the Forensic Science Laborato1J: Division (FSL), Department of Forensic Sciences (DFS), District of Columbia, 2. (2015). 8 Id. at 2-3. 9 See Deedra Hughes & Carl Sobieralski. SwTei/lance am/ Remote Surveillance Audit Conducted by Deedra Hughes and Carl Sobieralski, Lead Assessors for ANAB, 7-8. (2015). 10 BILL 21-0344, the "Fiscal Year 2015 and Fiscal Y car 2016 Revised Budget Request Emergency Adjustment Act of 2015".

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IV. Nominee's Qualifications

Pursuant to section 2(a) of the Confirmation Act of 1978 (D.C. Law 2-142; D.C. Official Code§ 1-523(a)) and section 4 of the Department of Forensic Sciences Establishment Act of2011, Dr. Jenifer Smith was nominated by the Mayor on July 17, 2015, to serve as Director of the Department of Forensic Sciences for a four-year term. I I The statutory qualifications for Director of DFS describe an individual who is "knowledgeable about forensic science services and experienced in the rigors of scientific analysis," with the additional qualifications outlined in Table 1 below:

Table 1: Statutory Qualifications for Director of the Department of Forensic Sciences

Statutory Qualifications Qualification

Met?

Graduated from an accredited college or university ./

Masters or doctoral degree in an applicable area of science ./

Demonstrated training and experience in scientific research and methodology ./

Demonstrated management and administrative skills ./

Demonstrated comprehensive knowledge of forensic sciences ./

Min. 6 years experience in scientific research, forensic sciences, or a ./ combination of both

Min. 4 years experience in directing or supervising both scientific and ./ administrative staff in a forensic science.. medical, or research settine:

Source: D.C. OFFICIAL CODE§ 5-1501.03

Dr. Smith received her Ph.D. in Physiological Chemistry from the Ohio State University in 1985, after receiving her B.S. in Biochemistry from the Pennsylvania State University. Later, Dr. Smith worked for the Federal Bureau of Investigations (FBI), first as an examiner in Serology and DNA in the DNA Analysis Unit, before becoming Unit Chief of the DNA Analysis Unit in 1995. Dr. Smith has been actively involved in development research efforts concerning the analysis of human autosomal DNA since 1990 when she joined the FBI Laboratory as a DNA analyst. Her research efforts focused on improvement of human DNA typing methods used in modem forensic laboratories. She then spent five years working at the Chief Biological Technology Center in the Directorate of Science and Technology at the Central Intelligence Agency (CIA), before returning to the FBI to become Section chief and Senior Executive Weapons of Mass Destruction Attribution Policy Working Group in the Intelligence Analysis Section. She was awarded the CIA's McCone Award, given to individuals that demonstrate deep technical expertise, disciplined program management, and responsiveness to missions. She was a member of the Office of the President's National Science and Technology Council's Microbial Forensic Task Force. Dr. Smith became a Special Agent in the FBI for several years before working in a

11 Department of Forensic Sciences Establishment Act of 2011, effective August 17, 2011 (D.C. Law 19-18; D.C. Official Code§ 5-1501.03); the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code§ 1-523.0l(a)).

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consulting firm as the principal ofBioForensic Consulting. She also began teaching as a professor of practice of Forensic Science at Pennsylvania State University.

Her list of relevant publications are extensive. Importantly, Dr. Smith co-authored a book with Dr. Bruce Budowle and others on "Quality Assurance Guidelines for Laboratories Performing Microbial Forensic Work."12 She also worked on the US National DNA Standards and Implementation Plans for the US National Research and Developmental Strategy for Microbial Forensics for the National Technology Council. Dr. Smith's extensive experience and training in scientific research and management of units at the federal level will serve the agency well as it rebuilds capacity.

V. Dr. Smith's Work with DFS

With her experience and background, Dr. Smith has already made significant positive changes to the laboratory. First, the Laboratory Information Management System (LIMS) went. online in September 2015. LIMS allows the agency to have real-time visibility of the caseloads and centralized case management. LIMS will allow the agency to meet its statutory turnaround timeframe. Stakeholders will be able to quickly assess case information from the online system. Finally, Dr. Smith has reformed the DNA Analyst unit. Currently, the analysts are receiving thorough training and taking written exams and oral competency tests. Dr. Smith will also utilize the Science Advisory Board more effectively by drafting regulations for the Board if there are questions or complaints concerning the agency's practices.

VI. Committee's Recommendation

The Committee finds, based on the nominee's experience and testimony, that Dr. Jenifer Smith demonstrates the experience and vision necessary for the position. Therefore, the Committee recommends that the Council confirm her appointment as Director of DFS.

LEGISLATIVE HISTORY

September 18, 2015 PR21-0324 is introduced by Chairman Mendelson at the request of the Mayor.

September 22, 2015 PR21-0324 is referred to the Committee on the Judiciary.

September 25, 2015 Notice of Intent to Act on PR21-0324 is published in the District of Columbia Register.

October 16, 2015

October 28, 2015

Notice of Public Roundtable on PR21-0324 is published in the District of Columbia Register.

Public roundtable on PR2 l-0324 is held by the Committee on the Judiciary.

12 Bruce Budowle et. al., Quality Assurance Guidelines for Laboratories Pe1forming Microbial Forensic Work. (2003).

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October 28, 2015 PR21-0324 is marked up by the Committee on the Judiciary.

POSITION OF THE EXECUTIVE

Dr. Jenifer Smith is the Mayor's nominee for the position of Director ofDFS. The Mayor's comments in the attached September 18, 2015, letter requesting confirmation of the nominee are hereby incorporated by reference.

ADVISORY NEIGHBORHOOD COMMISSION COMMENTS

The Committee did not receive testimony or comments from Advisory Neighborhood Commissions.

WITNESS LIST AND HEARING RECORD

On Thursday, October 28, 2015, the Committee on the Judiciary held a public roundtable on PR21-0324, the "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of 2015".The witness list and hearing record for PR21-0324 are hereby incorporated by reference. A video recording of the roundtable can be viewed at www.oct.dc.gov. The following witnesses testified at the roundtable or submitted statements outside of the roundtable:

Public Witnesses

Linda C. Harrison - Public Witness

Linda Harrison testified and submitted written testimony in support of Dr. Smith's nomination. Ms. Harrison spoke to Dr. Smith's work at the FBI Laboratory in Forensic Serology and Forensic DNA Analysis Unit. She discussed the qualities that make Dr. Smith ideal for the position of the Director of DFS, including her intelligence, her background as a forensic scientist, and her ability to work very well with a variety of different personality types.

Dr. Roger A. Mitchell, Jr. - Director, Office of the Chief Medical Examiner

Dr. Mitchell testified in support of Dr. Smith's nomination. He spoke to the fact that she has background in forensic scientist. Dr. Mitchell noted that in repeated conversations with Dr. Smith, he realized she fell in love with the job, the people and the city, and she wanted to serve the District of Columbia beyond the DNA unit to make a difference in the lives of District residents.

Dr. Jenifer Smith - Nominee

Dr. Smith testified regarding her extensive background in forensic science. She spoke to her experience as the first female Special Agent with a doctoral degree at the FBI. She discussed working in the CIA as Chief of the Biological Technology Center. Of particular importance to the Committee is her vision and goals for the Department of Forensic Sciences. She testified that she was originally hired as a consultant to review the DNA Unit suspension and to develop a path to

6

re-open the DNA Unit. With the aid of an internal review team, Dr. Smith proposed several root causes needed to create a strong foundation, sound leadership, and state-of-the art tools to interpret complex DNA mixtures. In the first months of her appointment, Dr. Smith has made several corrective changes to the lab. She created two key positions- DNA Technical Leader and Unit Manager- while also rigorously training DNA analysts. She has also successfully launched the Laboratory Information Management System, an essential tool to track evidence real-time at the lab, and expects to eliminate all backlogs by this time next year.

IMPACT ON EXISTING LAW

The position of Director of the Department of Forensic Sciences (DFS) exists pursuant to D.C. Official Code§ 5-1501.03, and the nominee is appointed by the Mayor with the advice and consent of the Council pursuant to D.C. Official Code § 1-523.0l(a). By operation of law, the appointment is deemed disapproved on the 90th day (excluding days of Council recess) following submission of the nomination by the Mayor, absent Council action. 13

FISCAL IMPACT

The approval of PR21-0324 will not have a fiscal impact.

Section 1

Section 2

Section 3

Section 4

SECTION-BY-SECTION ANALYSIS

States the short title of the legislation.

Confirms the appointment of Dr. Jenifer Smith as the Director of the Department of Forensic Sciences.

Requires that a copy of the resolution, upon adoption, be transmitted to the appointee and the Mayor.

Provides that the resolution shall take effect immediately.

COMMITTEE ACTION

On October 28, 2015, the Committee on the Judiciary held a markup to consider PR21-0324, the "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of 2015". The markup was called to order at 2:00 p.m. Chairperson Kenyan R. McDuffie recognized a quorum consisting of him and Councilmembers Mary M. Cheh and Jack Evans. Chairperson McDuffie, without objection, moved the Committee Print and Committee Report for PR21-0324 en bloc with leave for staff to make technical and conforming changes. After an opportunity for discussion, the Committee voted 3-0 to approve the Committee Print and the Committee Report with the members voting as follows:

13 D.C. Code§ 1-523.0l(a).

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YES: Chairperson McDuffie and Councilmembers Cheh and Evans

NO: None

PRESENT: None

ABSENT: Councilmembers Bonds and May

LIST OF ATTACHMENTS

(A) PR21-0324, as introduced (B) Notice of Public Roundtable on PR21-0324, as published in the District of Columbia

Register (C) Final Agenda and Witness List (D) Copies of Written Testimony (E) Legal Sufficiency Determination (F) Committee Print

8

ATT.ACHMENT A

COUNCIL OF THE DISTRICT OF COLUMBIA 1350 Pennsylvania Avenue, N.W.

Washington D.C. 20004

Memorandum

To : Members of the Council

From:

Date : September 21, 2015

Subject: Referral of Proposed Legislation

Notice is given that the attached proposed legislation was introduced in the Office of the Secretary on Friday, September 18, 2015. Copies are available in Room 10, the Legislative Services Division.

TITLE: "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of 2015", PR2 l-0324

INTRODUCED BY: Chairman Mendelson at the request of the Mayor

The Chairman is referring this legislation to the Committee on Judiciary. This resolution will be deemed approved on Tuesday, December 22, 2015 without Council action.

Attachment

cc: General Counsel Budget Director Legislative Services

MURIEL BOWSER :\I,\ YOR

, ... - . .:...

The Honorable Phil Mendelson Chairman Council of the District of Columbia John A. Wilson Building 1350 Pennsylvania Avenue. N. W .. Suite 504 Washington, D.C.20004

Dear Chairman Mendelson:

r- •.. ,IC () r:-1- lCE O,- \ t·1t...

I ,-1·· RV SECR·:. 1~. '

'ZO l 5 SEP \ 8 PM \: 3Z

Pursuant to section 2(a) of the Confirmation act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.0 I (a)), and section 4 of the Department ·of Forensic Sciences Establishment Act of 2011 ~ effective August 17, 2011 (D.C. Law 19-18§4. 58 OCR 5403; D.C. Official Code § 5-1501.03)~ I am pleased to nominate the following person for appointment:

Dr. Jenifer Smith 954 Crabapple Drive

State College! PA 1680 I

as the Director of the Department of Forensic Sciences, and is appointed for a four-year term.

Enclosed.you will find biographical information detailing Dr. Smith~s experience, together with a proposed resolution to assist the Council during the confirmation process.

I would appreciate the Council's earliest consideration of this nomination l{)r confirmation. Please do not hesitate to contact me or Stl:vcn Walker, Director, Office of Talent and Appointments, should the Council require additional information.

1

2 3 4

5 6 7 8 9

10 11

12 13

A PROPOSED RESOLUTION

IN THE COUNCIL OF Tl IE DISTRICT OF COLUMBIA

14 Chairman Phil Mendelson, at the request of the Mayor, introduced the following resolution 15 which was referred to the Committee on

~~~~~~~~~

16

17 To confirm the Mayoral appointment of Jeni fer Smith as the Director of the Department of 18 Forensic Sciences. 19 20 RESOLVED~ BY COUNCIL OF THE DISTRICT OF COLUMBIA. that this resolution 21 may be cited as the ''Director of the Department of Forensic Sciences .Jenifer Smith Confirmation 22 Resolution of 2015~·. 23 24 Sec. 2. The Council of the District of Columbia confirms the appointment of: 25 26 Dr. Jcnifor Smith 27 954 Crabapple Drive 28 State College, PI\ 1680 I 29

30 as the Director of the Department of Forensic Sciences. in accordance with section 2(a) of the

31 Confirmation Act of 1978. cff~ctivc ivlarch 3. 1979 (D.C. Law 2-142; D.C. Official Code § 1-

32 523.01 (a)). and section 4 of the Department of Forensic Sciences Establishment Act of201 L

33 effective August 17, 2011 (D.C. Law 19-18. 58 OCR 5403; D.C. Official Code§ 5-1501.03), to

34 serve a four-year term.

35 Sec. 3. The Council or the District of Columbia shall transmit a copy of this resolution,

36 upon its adoption, lo the nominee and to the Office of the Mayor.

37 Sec. 4. This resolution shall take effect immediately.

Updated March, 2015

Education

Jenifer Ann Lindsey Smith Curriculum Vitae

Postdoctoral Fellowship, Harvard University Department of Immunology and Transplantation,

Ph.D. in Physiological Chemistry, The Ohio State University, Columbus, Ohio.

B.S. in Biochemistry, The Pennsylvania State University, University Park, PA

Employment

Professor of Practice of Forensic Science, Pennsylvania State University

Principal ofBioForensic Consulting LLC

Special Agent, Federal Bureau oflnvestigation (FBI)

Section Chief and Senior Executive WMD Intelligence Analysis Section, WMD Directorate, FBI

Chief Biological Technology Center, Directorate of Science and Technology, Central Intelligence Agency (CIA)

Unit Chief, DNA Analysis Unit, FBI Laboratory

Examiner (Serology and DNA), DNAAnalysis Unit, FBI Laboratory

Intern, New York City Medical Examiner

1985

1985

1981

2010-current

2009-current

1986-2009

2006-2009

2002-2006

1995-2002

1990-1995

1980

Societies and Committees

IC Interagency Human DNA Working Group

DOD Interagency Microbial Forensic Working Group

CBW Technical Expertise Forum (Formerly Bio Chem 20/20)

Director ofNational Intelligence National Counter Proliferation Center's Biological Sciences Expert Group

Executive Office of the President's (OSTP) Task Force on Microbial Forensics

Scientific Working Group on Microbial Forensics (SWGMF)

DOD MASINT Committee's Biological Sub-Group

North American Representative on the Interpol DNA Monitoring Expert Group (DNA-MEG)

National DNA Index System (NDIS) Policy Review Board

Scientific Working Group ON DNAAnalytical Methods (SWGDA.tVI)

Awards

2010-current

2009-2014

2007-2014

2007-current

2008-2012

2002-2005

2002-2005

1999-2002

1998-2002

1990-2002

CIA's McCone Award, 2011 . Named for the CIA Director who established the Directorate of Science and Technology this award ~s given to individuals/teams that demonstrate the essential attributes of the Directorate: deep technical expertise, disciplined program management, and responsiveness to mission. '

Senior Executive Service (DOJ-FBI) 2008

NCDA's Stephen L. Von Riesen Lecturer of Merit Award 2000

Testimonies of Merit

Testified for the National Academy of Science committee review of the FBI and the Anthrax Investigation 2009

Presentations for US Senate and US House of Representatives Intelligence oversight committees 2002-2009

Testified for the House of Representatives of the State of Maryland concerning DNA database legislation 2000

DNA testimonies in excess of 150 trials and Daubert/Frye 1991-2004 admissibility hearings in numerous Local, State and Federal courts

Faculty Positions & Training Provided prioi'" to 2009

American Prosecutors Research Institute Faculty National College ofDistrictAttomeys Faculty

Federal Appellate Judges Advocacy Faculty

Training seminars and workshops: New York District Judges Florida State Judges Maryland State Prosecutors FBI Evidence Response Team Leaders Illinois State Police West Virginia State Police Wyoming State Prosecutors Association Indiana State Prosecutors Association Bureau of Justice Assistance Mid-Atlantic Association of Forensic Science Wisconsin Association of Homicide Investigators Wisconsin State Prosecutors Association

Selected Papers Married name is Smith, maiden name is Lindsey

1991-2005

Budowle B, Schutzer SE, Einseln A, Kelley LC, Walsh AC, Smith JA, Marrone BL, Robertson J, Campos J. Public health. Building microbial forensics as a response to bioterrorism. Science 2003; 301:1852-18~3.

Budowle B, Lindsey JA, DeCou JA, Koons BW, Giusti A.J.\1, Corney CT. Validation and population studies of the loci LDLR, GYPA, HBGG, D7S8, and Ge (PM loci), and HLA-DQ alpha using a multiplex amplification and typing procedure. J Forensic Sci 1995;40:45-54.

I Corney CT, Budowle B,Adams DE, BaumstarkAL, Lindsey JA, Presley LA, PCR amplification and.I typing of the HLA DQ alpha gene in forensic samples. J Forensic Sci 1993:38:239-49. '

Zhang H, Downs EC, Lindsey JA, Davis WB, Whisler RL, Cornwell DG Interactions between the I monocyte/macrophage and the vascular smooth muscle cell. Stimulation of mitogenesis by a soluble j

factor and of prostanoid synthesis by cell-cell contact. Arterioscler Thromb 1993;13:220-30.

Lindsey JA, Zhang HF, Kaseki H, Morisald N, Sato T, Cornwell DG Fatty acid metabolism and cell proliferation. VII. Antioxidant effects oftocopherols and their quinones. Lipids 1985;20:151-7

Whisler RL, Lindsey JA, Proctor KV, Newhouse YG, Cornwell DG. The impaired ability of human monocytes to stimulate autologous and allogeneic mixed lymphocyte reactions after exposure to cyclosporine. Associated alterations ofHLA-DR expression and physical characteristics of monocytes. Transplantation l 985;40:57-61.

Morisaki N~ Lindsey JA, Stitts JM, Zhang H, Cornwell DG Fatty acid metabolism and cell , proliferation. V. Evaluation of pathways for the generation oflipid peroxides. Lipids 1984; 19:381-94. :

Whisler RL, Lindsey JA, Proctor KV, Morisaki N, Cornwell DG. Characteristics of cyclosporine induction of increased prostaglandin levels from human peripheral blood monocytes. Transplantation

I 1984;38:377-81. l Lindsey JA, Morisaki N, Stitts JM, Zager RA, Cornwell DG. Fatty acid metabolism and cell proliferation: IV. Effect of prostanoid biosynthesis from endogenous fatty acid release with cyclospprin-A. Lipids 1984;18:566-9 '

Morisaki N, Lindsey JA, Milo GE, Cornwell DG. Fatty acid metabolism and cell proliferation. III. Effect of prostaglandin biosynthesis either from exogenous fatty acid or endogenous fatty acid relea5e with hydralazine. Lipids 1983;18:349-52.

1

Books, Monographs, US Government Policy Documents

Markotic A, LeDuc JW, and Smith, JAL; Bioterrorism and Microbial Forensics, In Forensic DNA applications: An interdisciplinary perspective Beaverton: Ringgold Inc, 2014.

i

Implementation Plan for the US National Research and Development Strategy for Microbial Fore~ics; I

for the National Technology Council, Executive Office of the President, 2010 i 1

Smith JAL; Assessment of the Threat, In Budowle B, Schutzer SE, Breeze R, Keim P, Morse SA Eds. Microbial Forensics, Edition 2, Academic Press. San Diego 2010 =

I

Smith JAL; Collection and Preservation of Microbial Forensic Samples. In Budowle B, Schutzerl1

'sE, Breeze R, Keim P, Morse SA Eds. Microbial Forensics, Edition 2, Academic Press. San Diego 20]0

I US National Research and Development Strategy for Microbial Forensic, National Technology Council, Executive Office of the President, 2009 !

! Budowle B, Schutzer SE, Einseln A., Kelley LC, Walsh AC, Smith JAL, Marrone BL, Robertsop. J, Campos J. Quality Assurance Guidelines for Laboratories Performing Microbial Forensic Work. FBI Scientific Working Group on Microbial Genetics and Forensics (SWGMGF) 2003

1

DNA Typing Protocols: Molecular Biology and Forensic Analysis. B. Budowle, J. Smith, T. Morytti, and J. DiZinno, (A Bio Techniques® Books Publication, Eaton Publishing, 2000). ·

US National DNA Standards Audit Document, 2000

Cornwell DG, Lindsey JA, Zhang Hand Morisald N. Fatty Acid Metabolism and Cell Proliferation. VI. Properties of Anti thrombotic Agents that Influence Metastasis. In Icosanoids and Cancer, (H. Thaler-Dao, A Crastes de Paulet and R Paoletti, eds.) Raven Press. New York, pp. 205-222. 1984. !

!

Execut i'"c Office of the 1\'\a;·or - Office ol.Taknt and . .\ppoin tmcnt:;

J ohn..\ . Wil so n Bui ld ing J 1350 Pennsyh·ania !hcnuc, Suite GOO J \Vashingto n, DC :woo.~

Dr. Jenifer Smith

Dr. Jenifer Smith i:; :\ning Direc:Lo r of the Dep;1rtment of Forensic Sciences (DFS).

Dr. Smith has been <1clively involved in devclopmcntzil research efforts concerning the <:n<ilysis of humzin <1ulosom;il DNA since J CJCJO when she joined the FBI L1borawry as J DNA an;-ilyst. 1 ler rese:irch efforts focused on improvement or iH1111an Di\A typing methods used in modern forens ic laboratories. i\dditionally, Dr. Sm ith spent four years on <i joint duty ;:issignment lo the Cit\ where she was the Chief of the Riological Technology Center, expanding her intt:rests into the developing field of microbial forensics.

Dr. Smith previously he;1cled the 13io logical Sub Group of the US government's Weapons of Mziss Destruction (WMD) ;\ttr ibution Policy Working Group that developed guid;rnce for the WMD Attribution lmrlementation Plan. She w;is also a member of the Office or the President's i\;:ition:il Science and

Technology Council's Microbi<1I Forensic Task Force. ,'\s cu1Tent member of tile Director of N;itional Intelligence Biosciences Expert Group and the Biochcm 20/20 Science Expert Group her rcsc<:irch continues to support closure of gaps in <lll<11ytic;:i l capahili:y in this interesting field.

Dr. Smith earned a 1'11.D. in Physiological Chemistry from Ohio Stcitc University and Postdoctoral Fellowsh ip from Harvard University.

I :...r

GOVEHNMENT 01: THE DISTRICT OF COLUMBIA

Excc:utivc Office of Nlctyor i'V1uricl Bowser

* * ,.t: vvr;;_ AR~ ~w if··i

DC Office of the General Counsel to lhc Mavor

To: From: Date: Subject:

Lolita S. Alston Betsy Cavendish August 31, 2015 Legal sufficiency review of legislation nominating Jcnnircr Smith as Director, Department of Forensic Sciences

This is to Certify that this arncc has reviewed the abovc-rcrcrenccd 1egislmion and rounc1

it to be legally unobjectionable. If you have any questions in this n:garc.l. please c.lo not hesitate to call Rob Hawkins. Deputy General Counsel, Executive Office of the Mayor, at 202-724-1303, or me at 202-724-7681.

Elizabeth Cavendish

The fohn A. Wilson Building • 1.350 P..:1111:.ylrnnia Avenue. NW • Suite :mo • \Va~hi11g1<111. D.C. :!0004 • Ollicc 1202l 12~1-iMil

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ATrACBMENT.B. ,·

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Council of the District of Columbia COMMITTEE ON THE JUDICIARY REVISED NOTICE OF PUBLIC ROUNDTABLE

1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004

COUNCILMEMBER KENYAN R. MCDUFFIE, CHAIRPERSON

COMMITTEE ON THE JUDICIARY

ANNOUNCES A PUBLIC ROUNDTABLE ON

PR21-0272, THE "DISTRICT OF COLUMBIA COMMISSION ON HUMAN RIGHTS LISA BORNSTEIN

CONFIRMATION RESOLUTION OF 2015"

PR21-0273, THE "DISTRICT OF COLUMBIA C0:\1MISSION ON HUMAN RIGHTS KAREN

MULHAUSER CONFIRMATION RESOLUTION OF 2015"

PR21-0257, THE "CORRECTIONS INFORMATION COUNCIL PHYLJSA CARTER CONFIRMATION

RESOLUTION OF 2015"

PR21-0324, THE "DIRECTOR OF THE DEPARTMENT OF FORENSIC SCIENCES JENIFER SMITH

CONFIRMATION RESOLUTION OF 2015"

AND

PR21-0347, THE "FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT MEDICAL

DIRECTOR JULLETTE SAUSSY CONFIRMATION RESOLUTION OF 2015"

Wednesday, October 28, 2015, 11 a.m.

Room 120, John A. Wilson Building

1350 Pennsylvania Avenue, N.W. Washington, D.C. 20004

On Wednesday, October 28, 2015, Councilmember Kenyan R. McDuffie, Chairperson of the Committee on the Judiciary, will hold a public roundtable on Proposed Resolution 21-0272, the "District of Columbia Commission on Human Rights Lisa Bornstein Confirmation Resolution of 2015"; Proposed Resolution 21-0273, the ''District of Columbia Commission on Human Rights Karen Mulhauser Confirmation Resolution of 2015"; Proposed Resolution 21-0257, the ~·corrections Information Council Phylisa Cmtcr Confirmation Resolution of 2015": Proposed Resolution 21-0324, the "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of 2015"; and Proposed Resolution 21-034 7. the '"Fire and Emergency Medical Services Department Medical Director Juliette Saussy Confirmation Resolution of201 Y'.

The roundtable will take place in Room 120 of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., at 11 a.m. Please note that this lime has been changed.from 10 a.m.

The stated purpose of PR2 l-0272 is to confirm Lisa Bornstein to the Commission on Human Rights for a term to end December 31, 2017. The purpose of PR2 l -0273 is to confirm Karen Mulhauser to the Commission on Human Rights for a term to end December 31, 2016.

The stated purpose of PR2 l-0257 is to confinn Phylisa Carter to the Corrections Information Council for a term to end January I 0, 2016.

The stated purpose of PR2 l-0324 is to confirm Jenifer Smith as Director of the Department qf Forensic Sciences for a four-year term.

The stated purpose of PR21-0337 is to confirm Jullette Saussy as the Medical Director of the Fire and Emergency Medical Services Department, to serve at the pleasure of the Mayor.

The Committee invites the public to testify or to submit written testimony. Anyone wishing to testify at the roundtable should contact Kate Mitchell, Committee Director, at (202) 727-8275, or via e-mail at kmitchell((V,dccouncil.us, and provide their name, telephone number, organizational affiliation, title (if any), and the number of the proposed resolution about which they would like to testify bv close of business, October 23, 2015. Representatives of organizations will be allowed a maximum of five minutes for oral testimony, and individuals will be allowed a maximum of three minutes. Witnesses should bring fifteen copies of their written testimony and, if possible, also submit a copy of their testimony electronically to kmitchell@dccouncil.us.

For witnesses who are unable to testify at the roundtable, written statements will be made part of the official record. Copies of written statements should be submitted either to the Committee or to Nyasha Smith, Secretary to the Council, 1350 Pennsylvania Avenue, N.W., Suite 5, Washington, D.C. 20004. The record will close at the end of the business day on November 6, 2015.

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Council of the District of Columbia COMMITTEE ON THE JUDICIARY AGENDA AND WITNESS LIST 1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004

COUNCILMEMBER KENYAN R. MCDUFFIE, CHAIRPERSON COMMITIEE ON THE JUDICIARY

ANNOUNCES A PUBLIC ROUNDTABLE ON

PR21-0272, THE "DISTRICT OF COLUMBIA COMMISSION ON HUMAN RIGHTS LISA BORNSTEIN CONFIRMATION RESOLUTION OF 2015"

PR21-0273, THE "DISTRICT OF COLUMBIA COMMISSION ON HUMAN RIGHTS KAREN MULHAUSER CONFIRMATION RESOLUTION OF 2015"

PR21-0257, THE "CORRECTIONS INFORMATION COUNCIL PHYLISA CARTER CONFIRMATION RESOLUTION OF2015"

PR21-0324, THE "DIRECTOR OF THE DEPARTMENT OF FORENSIC SCIENCES JENIFER SMITH CONFIRMATION RESOLUTION OF 2015"

AND

PR21-0347, THE "FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENT MEDICAL DIRECTOR JULLETIE SAUSSY CONFIRMATION RESOLUTION OF 2015"

I. CALL TO ORDER

II. OPENING REMARKS

III. WITNESSES

Wednesday, October 28, 2015, 11 a.m. Room 120, John A. Wilson Building

1350 Pennsylvania Avenue, N.W. Washington, D.C. 20004

AGENDA AND WITNESS LIST

1. PR21-0272, the "District of Columbia Commission on Human Rights Lisa Bornstein Confirmation Resolution of 2015"

i. Public Witness

1. Michael Sindram, Public Witness

ii. Nominee

1. Lisa Bornstein, Nominee

1

2. PR21-0273, the "District of Columbia Commission on Human Rights Karen Mulhauser Confirmation Resolution of 2015"

i. Public Witness

1. Michael Sindram, Public Witness

ii. Nominee

1. Karen Mulhauser, Nominee

3. PR21-0257, the "Corrections Information Council Phylisa Carter Confirmation Resolution of 2015"

i. Public Witness

1. Michael Sindram, Public Witness

ii. Nominee

1. Phylisa Carter, Nominee

4. PR21-0324, the "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of 2015"

i. Public Witnesses

1. Linda C. Harrison, Public Witness

2. Michael Sindram, Public Witness

n. Government Witness

1. Dr. Roger A. Mitchell, Jr., Director, Office of the Chief Medical Examiner

iii. Nominee

1. Dr. Jenifer Smith, Nominee

5. PR21-0347, the "Fire and Emergency Medical Services Department Medical Director Juliette Saussy Confirmation Resolution of 2015"

i. Public Witnesses

1. Cynthiana Lightfoot, Chair, Emergency Medical Services Advisory Committee

2. Dave Milzman, M.D., Professor of Emergency Medicine and Associate Dean,

Georgetown University School of Medicine

3. Aretha Lyles, President, AFGE Local 3721

4. Darlene Nelson, Vice-President, AFGE Local 3721

5. Dabney Scott Hudson, 2nd Vice President, Local 36, International Association of Fire Fighters, AFL-CIO-MWC

6. Michael Sindram, Public Witness

ii. Nominee

2

1. Dr. Jullette Saussy, Nominee

. IY· ADJOURNMENT

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Oral Statement-3 minutes

Good morning Chairperson McDuffie and members of

the Committee. Thank you for the opportunity to speak

on behalf of Dr. Jenifer Smith. My name is Linda

Harrison. I am a retired Special Agent of the Federal

Bureau of Investigation. During my FBI career, I spent 5

years assigned to the FBI Laboratory as an Examiner in

the Forensic Serology and DNA Analysis Units and that is

where my association with Dr. Smith began.

In my dealings with Dr. Smith.during the 5 years we

worked together in the Lab, it became obvious to me

that she was well-suited to take on a leadership role in

the laboratory. She was very well educated and

extremely intelligent. I found her to have the ability to

effectively deal with a variety of different personality

types working both in and outside the lab. An examiner

has to be able to deal with other examiners, technicians,

the rug for the next manager to handle. Dr. Smith did

not avoid these difficult situations. She was never

condescending in dealing with personnel issues, but

would address any problems in a straight-forward

manner. She did not put individuals down, but would

look for solutions to help them address their issues and

move on. However, if a problem dictated a more

stringent solution, Dr. Smith would take the actions

needed to resolve the situation, even if it meant having

to do something unpleasant, such as let an employee go.

In closing, I would like to say that the District of Columbia

is extremely fortunate to have found an individual of Dr.

Smith's caliber to serve as Director of their Department

of Forensic Sciences. She will bring her years of expertise

and scientific knowledge to the laboratory, as well as the

clarity to see through everyday situations and those

unfores·een circumstances which are bound to happen,

which is even more important. Dr. Smith has the innate

managerial capabilities needed to be successful as well as

the ability to deal with individuals from all walks of life

with diplomacy and grace.

I heartily recommend Dr. Jenifer Smith for the position of

Director of Forensic Sciences for the District of Columbia,

and urge the members of the committee to vote in favor

of Proposed Resolution 21-0324 to confirm Dr. Smith as

the next Director.

Thank you for your time.

October 28, 2015

Statement of Linda C. Harrison on behalf of the confirmation of Dr.

Jenifer Smith for the position of Director of the Department of

Forensic Sciences for the District of Columbia-Proposed Resolution 21-

0324

Good morning Chairperson McDuffie and members of the Committee

on the Judiciary. Thank you for the opportunity to speak on behalf of

Acting Director of the Department of Forensic Sciences, Dr. Jenifer

Smith. My name is Linda C. Harrison. I was a Special Agent with the

Federal Bureau of Investigation for 23 years, and retired in 2005.

During my career with the FBI, I spent 5 years assigned to the FBI

Laboratory when it was located at FBI Headquarters. While working in

the Laboratory Division, I was assigned to the Forensic Serology and

Forensic DNA Analysis Units. My association with Dr. Smith began

during that time.

In 1990, I was already working in the Laboratory Division when Dr.

Smith was transferred there from the Baltimore Division of the FBI.

was introduced to Dr. Smith when she arrived to the Laboratory. In

conversations with her, it was obvious that Dr. Smith had wanted to

work in a forensic laboratory since she had been in high school and was

thrilled to finally be working in the FBI Lab. As with all new examiners,

Dr. Smith went through an extensive training period which culminated

in being qualified as an Examiner in the.areas of Forensic Serology and

Forensic DNA Analysis.

At that time, Forensic DNA Analysis was a relatively new discipline in

the FBI Laboratory, so in addition to testifying in court as to the results

of forensic examinations conducted in the unit, our examiners were

also heavily involved in admissibility hearings which preceded most of

our evidentiary testimonies. Dr. Smith's testimonies in these

admissibility hearings were an integral part of Forensic DNA Analysis

being accepted in various local, state and federal courts, including the

District of Columbia. These techniques were used to convict many

individuals charged with serious personal crimes such as murder and

rape, as well as to exclude individuals who were not responsible for

their charged crimes. I worked with Dr. Smith in the laboratory from

1990 through 1994 when I left the Laboratory Division to return to the

field. In addition to the time I spent working with Dr. Smith in the

laboratory, I worked with her on m·any crime scenes across the country.

We also testified together at some trials after I left the laboratory.

During these trials, Dr. Smith testified to results using some of the

newer Forensic DNA technologies, as she had been qualified as an

expert in these improved techniques that had not been available during

my time in the laboratory.

In my dealings with Dr. Smith for the five years we worked together in

the FBI lab, it became very obvious to me that she was well-suited to

take on a leadership role in the laboratory. She was very well-educated

and extremely intelligent. I found her to have the ability to deal very

well with a variety of different personality types working in and outside

of the lab. An examiner has to be able to deal with other examiners,

laboratory technicians, prosecutors, defense attorneys and judges from

various courts systems all over the country as well as law enforcement

officials from tiny agencies in the middle of nowhere all the way to

major state and local police departments and federal agencies. Dr.

Smith always exhibited the ability to interact with all of these

individuals in a cool, calm and collected manner. She exudes

confidence and possesses stellar interpersonal skills.

There is much more needed to be a successful manager in a laboratory

than having the book knowledge one needs to understand the science

being used in laboratory testing and court testimony. To this end, I

have always been.impressed with Dr. Smith's managerial skills. In my

23 years working in the FBI, and during my professional years before

and after my employment with the FBI, I have run across managers who

were reluctant to face personnel issues head-on, and seemed to prefer

sweeping difficult situations under the rug for the next manager to

handle. Dr. Smith never avoided these difficult situations. She always

handled problems straight on, and always in a very professional

manner. Dr. Smith was well-liked by those who worked for and with

her. She was never condescending in dealing with personnel issues, but

would address any problems in a straight-forward manner. She would

not put individuals down, but would look for solutions to help them

address their issues and move on. However, if a situation got to the

point where it became obvious the individual would not be suitable to

continue in a position, Dr. Smith would take the necessary actions

needed to resolve the situation, even it if meant having to do

something unpleasant such as let an employee go.

In addition to my professional dealings with Dr. Smith, we have become

close personal friends. She is a devoted mother, wife and daughter.

Dr. Smith's grandfather was a chemistry professor at the Pennsylvania

State University for many years, and one of Dr. Smith's proudest

moments was when she became a professor of Forensic Science at

Penn State, following in her grandfather's footsteps. Dr. Smith is

involved with the Leukemia and Lymphoma Society, and has

participated in their Team in Training to raise money for the Society in

memory of her niece Ashley, who succumbe.d to leukemia as a

teenager.

In closing, I would like to say that the District of Columbia is extremely

fortunate to have found an individual of Dr. Smith's caliber to serve as

Director of their Department of Forensic Sciences. She will bring her

years of expertise and scientific knowledge to the laboratory, as well as

the clarity to see through everyday situations and those unforeseen

circumstances which are bound to happen, which is even more

important. Dr. Smith has the innate managerial capabilities needed to

be successful as well as the ability to deal with individuals from all walks

of life with diplomacy and grace.

I heartily recommend Dr. Jenifer Smith for the position of Director of

Forensic Sciences for the District of Columbia, and urge the members of

the committee to vote in favor of Proposed Resolution 21-0324 to

confirm Dr. Smith as the next Director.

Thank you for your time.

Linda C. Harrison

Special Agent, Federal Bureau of Investigation (Retired)

GOVERNMENT OF THE DISTRICT OF COLUMBIA D.C. Office of the Chief Medical Examiner

* * * WEARE WASMINGTON

PR21-0324, THE "DIRECTOR OF THE DEPARTMENT OF FORENSIC SCIENCES

JENIFER SMITH CONFIRMATION RESOLUTION OF 2015"

Testimony of Roger A. Mitchell, Jr., M.D.

Chief Medical Examiner D.C. Office of the Chief Medical Examiner

Before the

Committee on the Judiciary

Council of the District of Columbia

October 28, 2015 Room 120

John A. Wilson Building 1350 Pennsylvania A venue, NW

Washington, D.C. 20004

----· * ·----

Testimony of Dr. Roger A. Mitchell regarding PR21-0324

Good afternoon Chairman McDuffie and the Committee on the Judiciary, I am Dr. Roger

A. Mitchell, Jr., Chief Medical Examiner for the District of Columbia and I am proud to testify

today on behalf of Dr. Jenifer Smith in her confirmation as Director for the Department of

Forensic Sciences.

I first met Dr. Smith eighteen (18) years ago during her service at the Federal Bureau of

Investigation. There she served as the Unit Chief of the DNA Analysis Unit; one of the first

women to hold such a position. The FBI DNA laboratory was going through a transition during

that time. FBI agents were being replaced by civilian scientists and the laboratory was

undergoing accreditation. It was under her direction and leadership that the bureau trained

civilian scientists to replace the outgoing agents. I was one of those civilian forensic scientists

hired by Dr. Smith during that time. Her strong but personable approach worked well with both

the veterans of the unit and those of us who were new forensic scientists, resulting in

accreditation.

I highlight this because the Department of Forensic Sciences is not in a dissimilar

position. The DNA laboratory is being improved upon and brought back on line, the crime scene

unit, which is intended to grow, is transitioning civilians into roles previously held by officers,

and there is a new culture being ushered in where scientific independence and service of

stakeholders go hand in hand. Dr. Smith is not new to these types of challenges.

Although I left the FBI only two years after my arrival to pursue a career in forensic

medicine, Dr. Smith and I kept in touch over the years. I watched as her career took her places

* * *---- Page2

Testimony of Dr. Roger A. Mitchell regarding PR21-0324

only a handful of forensic scientists have gone before. She served this country applying her

forensic knowledge to not only the FBI Weapons of Mass Destruction (WMD) Intelligence

Analysis Section, but also to the work being done by the Biological Technology Center within

the Directorate of Science and Technology for the CIA.

Dr. Smith and I reconnected when she served as faculty and professor at Penn State. I

lectured to several of her classes, encouraging young people to pursue careers in forensic

medicine. I would not have guessed then, that years later, in April 2015, when our DNA

laboratory came under scrutiny and I was named the Interim Director of the Department of

Forensic Sciences, that she would respond to the call to advise the District as to the future and

stability of our DNA laboratory.

Since May 2015, Dr. Smith has assisted in ensuring that DFS passed the follow-up site

visit conducted by ANAB (the accreditation body), helped us improve our relationships with

stakeholders, and developed a path forward for our DNA laboratory in the form of training and

transparency. Quite frankly, I think during her time as a consultant she fell in love with the job.

I would venture to say she fell in love with the people, and the city. Repeated conversations with

her revealed to me that she wanted to serve the District of Columbia beyond the DNA unit to

make a difference in the lives of District citizens. She is a forensic scientist and has said to me

on numerous occasions that "It's still about solving cases."

I must say, I am excited that Mayor Bowser saw in Dr. Smith the potential for a "Fresh

Start" and chose her to lead the future of forensic sciences in the District. I know that under her

----* * *---- Page3

Testimony of Dr. Roger A. Mitchell regarding PR21-0324

continued leadership, the Department of Forensic Sciences will serve as a great partner to the

Metropolitan Police Department, the Public Defender Service, the United States Attorney

General, the Office of the Attorney General, and, not least of which, the Office of the Chief

Medical Examiner.

It would be an honor to continue to call her colleague.

Thank you.

----* * *---- Page4

GOVERNMENT OF THE DISTRICT OF COLUMBIA Department of Forensic Sciences

* * * W~AR~ WASHINGTON

Proposed Resolution 21-0324 "Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of 2015"

Testimony of Dr. Jenifer A.L. Smith

Acting Director

Before the

Committee on the Judiciary

Council of the District of Columbia

October 28, 2015, l lAM Room 120

Jolm A. Wilson Building 1350 Pennsylvania A venue, NW

Washington, D.C. 20004

Good afternoon Chairperson McDuffie, Councilmembers and guests. I am honored to sit

before you to discuss my plans for the District's Department of Forensic Sciences also known to

many as our "Crime Lab". I would like to take this opportunity to thank Retired Federal Bureau

of Investigation Special Agent Linda Harrison for her supportive comments this morning. We

have been colleagues and friends since she was my mentor at the FBI Laboratory over 25 years

ago. I would also like to thank Dr. Roger Mitchell not only for his remarks today but for the

three months he spent decisively leading the Department of Forensic Sciences while also serving

as the District's Chief Medical Examiner. His astute observations formed recommendations that

provided a firm foundation to which I anchored my initial goals for the Department of Forensic

Sciences.

As you will recall, last April, Mayor Bowser, following recommendations from the AQI­

ANSI National Accreditation Board, moved swiftly to suspend DNA testing within the

Department's Forensic Biology Unit. I was hired shortly thereafter as a consultant to review the

situation and to develop a path to re-open the Unit. I was thrilled to be able to tap into my thirty

years of experience in forensic DNA testing as well as tactical and strategic program

management to lend assistance to the District. I was no stranger to tackling similar challenges

that faced the Department.

My career as a forensic scientist began following receipt of my undergraduate and

graduate degrees in Biochemistry when I was hired by the FBI as their first female Special Agent

with a doctoral degree. Initially assigned to the Baltimore Field Office, I worked a wide variety

of investigations to include bank robberies, kidnappings and white collar crimes. These initial

years, gave me an enduring appreciation of what police professionals are charged with doing:

gathering information and evidence to crack cases, often possessing little lead information and

carrying large caseloads. So, to our MPD colleagues, officers and detectives, I not only

understand. I can relate.

My second assignment was as an examiner within the Serology Unit of the FBI

Laboratory. There I analyzed hundreds of DNA cases to include numerous serial rapes and

murders, and high profile cases such as the Unabomber and the Oklahoma City bombing

investigations. I testified in hundreds of trials and admissibility hearings throughout the United

States concerning DNA methods and results. Eventually, as Unit Chief, I implemented several

new DNA methods; established quality assurance and control standards for the forensic DNA

community and led the DNA Unit through their first successful ASCLD-LAB accreditation.

Following the tragedies of 9/11, the FBI determined that closer collaboration with other

national security agencies was vital; and as such, I became one of the first FBI detailees to the

CIA where I served as Chief of the Biological Technology Center. This experience exposed me

to the methodologies utilized to analyze potential threats associated with biological warfare and

terrorism. I returned to the FBI for my final management assignment: I was selected into the

Department of Justice's Senior Executive Service to serve as Section Chief of the Intelligence

and Analysis Section in the FBI' s Weapons of Mass Destruction Directorate. Throughout all of

these management experiences, I not only had to direct, guide and manage my units and sections

through change and adversity but had to produce sound test results to inform critical decisions

affecting public safety and national security.

Following my retirement from the FBI, I returned to my alma mater, Penn State, as a

professor and research scientist within the forensic science program.

Last May, Dr. Mitchell contacted me to see if I would be available to act as a DNA

consultant following the self-suspension of DNA testing in the Forensic Biology Unit. I

immediately agreed to take on this task. I was asked to determine the cause of the issues within

the unit and to develop an aggressive plan that would not only ensure that DNA testing was

brought back online, but that the unit had a strong foundation, sound leadership and state-of-the

art tools to interpret complex DNA mixtures. An Internal Review Team was formed consisting

ofDFS Deputy Director of Training Brittany Graham, DFS Deputy Director of Quality Karen

Wiggins and outside consultant, Dr. Kate Theisen. A root cause analysis was conducted and the

following management recommendations were implemented:

1. Split the management responsibility between a Unit Manager and a Technical Leader

2. Create an intensive six month training program to provide foundational knowledge

and build competency required for successful implementation of improved DNA

profile interpretation practices

3. Engage outside experts as faculty; Dr. John Buckleton, Dr. Bruce Budowle, Dr. Fred

Bieber and Dr. Simone Gittleson were my recommendations.

4. Implement STRmix, a software tool that can help resolve difficult mixed DNA

profiles that would be considered too complex to interpret manually.

5. Empower the FBU analysts to conduct their own validation studies, write new SOPs

and implement a DNA specific laboratory information management system.

The position for Director of the Department was posted and I decided to apply for three

reasons: supportive executive management, the opportunity to work with the forensic scientists

at DFS, and the fact that I would be facing familiar challenges. I observed Mayor Bowser's

determination to support critical changes in the Department by making decisive personnel

actions and providing necessary contingency funding to address and mitigate the initial DNA lab

problems --- critical ingredients for successful organizational change. My initial experience

working with the dedicated professionals of the remaining DFS management team convinced me

that leading this organization, through change, would be rewarding. Finally, turning an

organization around, ensuring that the Department lived up to its statutory mission; to produce

high quality, timely, accurate and unbiased forensic science using the best technology and

practices with the overall goal of enhancing public health and safety, was a familiar task that I

could embrace.

On July 17, I was announced as acting director and immediately convened an All Staff

Meeting to share my 30-day plan to: Strengthen communication and collaboration between the

Department and key agencies - while maintaining our scientific integrity and independence;

emphasize strong management and fiscal responsibility; and conduct and deliver the highest

quality testing and results.

In the first 100 days following my appointment, members of the DFS staff have rolled up

their sleeves, pitched in and made significant progress on several of my initial goals. We have

accomplished nearly all of the tasks outlined in the DNA corrective action plan. We created and

filled two key positions; our new DNA Technical Leader started last week and the new Unit

Manager begins next week. The analysts have completed their training and have entered the

assessment phase of the program consisting of written and oral examinations to be followed by

moot court testing. In December, ANAB will return to conduct an external audit of our

validation studies and our new protocols and procedures.

We have proactively addressed both external and internal communication issues. We

have openly engaged several of our external stakeholders and improved utilization of our

laboratory facilities and staffing assignments. Over the past weeks, I have met with the Dr.

LaQuandra Nesbitt, Director of the Department of Health; Channing Phillips, United States

Attorney; Avis Buchanan, Director of the Public Defender Service.; Karl Racine, Attorney

General for the District; Chief Cathy Lanier of the Metropolitan Police Department; and several

other Department customers and partners. We now hold weekly case review meetings, with our

stakeholders, to ensure case needs are met in a timely fashion and analysts are encouraged to

discuss case status with critical customers. I have also improved internal communications by

holding weekly manager meetings and monthly All Staff meetings. These have assisted with

tactical and strategic budget and performance planning.

I have met with the Science Advisory Board on two occasions, most recently on October

2nd. I have stressed that the Department will be transparent in our communication with the

Board, our stakeholders and the public. We have launched a new procedure for handling

complaints and inquiries; whether they are lodged by either internal or external sources. We

have also conducted internal training concerning establishment of a quality culture. DFS

employees have participated in training related to awareness and appreciation for the quality

assurance requirements of ISO 17025, Root Cause Analysis and determination of appropriate

measures needed to address corrective actions.

We have successfully launched a Laboratory Information Management System, or

"LIMS". This electronic repository and tracking system is an essential tool to capture

meaningful metrics concerning laboratory efficiency and effectiveness. When the laboratory

opened DFS scientists were using Excel spreadsheets and Microsoft Access products to track

evidence submissions and test results. These programs did not provide the seamless, real-time,

robust data and effective evidence tracking that a lab of our size demands. Upon my arrival and

only due to the help of a dedicated team of IT savvy scientists our LIMS was effectively

launched on October 1st. I intend to use this system to provide meaningful insight concerning

the productivity of all units within the laboratory.

Over the last few months, I worked closely with Kevin Donahue, Deputy Mayor for

Public Safety and Justice, to identify additional resource needs for the Department to effectively

take part in the Safer DC Streets campaign. Through the Mayor's leadership, the Department

will receive $8 million dollars in additional funding for FYI 6. Approximately half of the

Mayor's supplemental budget that was proposed to and approved by the Council will be used to

alleviate backlogs in the Forensic Laboratory Division, and the other half will provide 31 term

positions for crime scene scientists for the Crime Scene Science Division.

The third division of the Department of Forensic Sciences is the Public Health

Laboratory that conducts a variety of testing in support of public health decision makers.

Capabilities within this laboratory include West Nile surveillance, influenza monitoring and

select agent and toxin testing that includes anthrax, plaque and nerve agents. Most recently our

Public Health laboratory worked with officials from the Department of Health concerning a

Salmonella outbreak at the Fig and Olive restaurant. It was our public health laboratory's work

that provided the CDC and FDA with the information that led to determination of a national Fig

and Olive outbreak.

I am committed to doing everything I can to restore the public's trust and confidence in

the Department and improve upon our work. My vision for the Department is to:

• Be independent, but not detached, ensuring transparency concerning issues raised by all

stakeholders.

• Have foresight with insight concerning both productivity and quality.

• Deliver exceptional forensic science to inform public safety and health decision making.

• Have fiscally responsible leaders who engage, empower and inspire using best

management practices.

• Provide superior training, infrastructure, tools and resources to ensure all employees

successfully accomplish the DFS Mission.

• Maintain a diverse workforce; collegially blending youthful enthusiasm with experiential

wisdom.

I am not alone in fulfilling this mission. Three women, Yi-Ru Chen - Chief Operating

Officer, Brittany Graham - Deputy Director for Training and Development, and Karen Wiggins -

Deputy Director for Quality, have worked tirelessly since April to guide and advise me during

this critical transition. They remain from the original management team and their perspectives

have been invaluable, shaping much of the information presented today. They continue to

shoulder additional management responsibilities while I strive to fill critical divisional leadership

positions. I must also recognize the efforts of my General Counsel, Rob Hildum who has been a

constant guide for me. His legal savvy and consummate professionalism has successfully closed

communication gaps between critical customers. I am also fortunate to have enlisted the

assistance of Dr. Kate Theisen as the Deputy Director. She is fully utilizing her years of

experience in Quality Assurance at the FBI Laboratory as she leads the effort to enhance and

strengthen the department's quality culture. The image of the Department has been greatly

improved by the tireless work of LaShon Beamon, our Director of Communications. Her efforts

have dramatically improved our external image and internal morale. Finally, I wish to end with

my personal thanks to the women and men who choose to come to work every day at the

Department of Forensic Sciences. The work they provide directly impacts public safety and

public health, yet they act anonymously, not seeking public attention. They experienced

tremendous uncertainty this summer but this did not deter them from their critical mission. Their

support and commitment have been steadfast and unwavering. By working with them, I believe

our mission is within reach and attainable. The statute mandates it. The Mayor expects it, and

our stakeholders and crime victims deserve it. I am here to ensure that the District's crime lab is

a world-class laboratory.

The Council and this Committee, led by you, Chairperson McDuffie, have been key allies

in this endeavor, and I appreciate your continued efforts to ensure our agency operates efficiently

and effectively.

Thank you for the opportunity to testify today and I look forward to answering any

questions the Committee may have.

ATTACHMENTE

OFFICE OF THE GENERAL COUNSEL C'uunc:il of I ht• Di::>trict of C1)lumtua

t:lSO Penn,id;-m1ia Avt•nm· ':\W, Su1ti· .; W:i.•hingtor1. DC' 2001).t•

12o:r. 7'..!·l·S<t.!6

MEMORANDUM

TO:

FROM:

DATE:

RE:

Councilmember Kenyan McDuffie

~tj{ Ellen A. Efros, General Counsel G 1

October 19, 2015

Legal Sufficiency Determination for Proposed Resolution 21-324, Director of the Department of Forensic Sciences Jenifer Smith Confirmation Resolution of 2015

The measure is legally and technically sufficient for Council consideration.

Proposed Resolution 21-~324 confirms the appointment of Dr. Jenifer

Smith as the Director of the Department of Forensic Sciences,

established by 8Cction 4 of the Department of Forensic Sciences

Establishment Act of 2011 ~ effective August 17. 2011 ( D. C. Law 19-18;

D.C. Official Code§ 5-1501.02), and in accordance with section 2(al of

the Confirmation Act of 1978, effective March 3~ 1979 ( D.C. Law 2-142;

D.C. Official Code* 1-52:3.0l(a)). If confirmed, Dr. Smith would serve

a 4-year term.

lam availnble if you have any questiorrn.

ATTACHMENT F.

1 Committee Print 2 PR21-0324 3 Committee on the Judiciary 4 October 28, 2015 5 6 A PROPOSED RESOLUTION 7 8 21-0324 9

10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11 12 13 14 15 To confirm the appointment of Dr. Jenifer Smith as the Director of the Department of Forensic 16 Sciences. 17 18 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

19 resolution may be cited as the "Director of the Department of Forensic Sciences Jenifer Smith

20 Confirmation Resolution of 2015".

21 22 Sec. 2. The Council of the District of Columbia confirms the appointment of: 23 24 Dr. Jenifer Smith 25 954 Crabapple Drive 26 State College, PA 16801 27

28 as the Director of the Department of Forensic Sciences, established by section 4 of the

29 Department of Forensic Sciences Establishment Act of201 l, effective August 17, 2011 (D.C.

30 Law 19-18; D.C. Official Code § 5-1501.02), and in accordance with section 2(a) of the

31 Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Oflicial Code§ 1-

32 523.01 (a)), to serve a 4-year term . ...,..., ..)..)

34 Sec. 3. The Council of the District of Columbia shall transmit a copy of this resolution,

35 upon its adoption, to the nominee and to the Office of the Mayor.

36

37 Sec. 4. This resolution shall take effect immediately.