Part 1. Las Cruces, New Mexico: Collapse of the Forensic Testing Laboratory

          Stefan Long was the General Manager of a fledgling forensic biology/DNA lab, established on the campus of New Mexico State University, in Las Cruces, New Mexico. The Forensic Testing Laboratory (FTL) hired Dr. Michael Spence to assist with achieving accreditation. FTL sought to become a productive outsource analytical facility, offering DNA testing services for criminal casework. In addition to his salary, Dr. Spence was under contract to earn 4% ownership of the FTL enterprise—upon accreditation of a successfully functioning outsource lab. In June of 2007, Spence began his work efforts—pursuing FTL’s accreditation objective.

Near the end of the workday, on Friday, August 17, 2007, Dr. Spence was asked by numerous scientific co-workers, to attend an FTL employee gathering—to discuss concerns with Mr. Long’s faulty approach to lab management. In attendance: Dr. Spence, Ms. CS, Mr. DS, Ms. HO, Mr. MT, Ms. NG, and Ms. DS. At the meeting, Dr. Spence was confronted with a disturbing inventory of Stefan Long’s reported managerial indiscretions. Since Spence had only been with FTL for two months, and with no significant personal objections regarding Mr. Long’s approach to leadership, he was only moderately alarmed. However, his neutrality rapidly deteriorated when all of the scientists in attendance voiced their indignation over how Stefan Long typically ‘disciplined’ those individuals who found themselves in Steve’s doghouse. Dr. Spence was overwhelmed by the unanimous accounts, that Stefan Long routinely tampered with the scientific work—of any individual who dared to question his authority. Among the attendees, it was also agreed that Mr. Long would amuse himself by censuring the scientist, due to their failed results. Upon learning of such abominations, Dr. Spence, understandably, ...was horrified. Spence assured his co-workers that such treachery would not be tolerated in the accredited DNA lab. After all, FTL’s goal was to process DNA from cases involving homicides, sexual assaults, armed robberies, fatal accidents, and a myriad of other serious matters.

Tragically, Dr. Spence had not yet realized his lack of influence over the specifics of the FTL lab’s eventual day-to-day security functions. Months after that informal August meeting, Spence found himself at odds with Stefan Long—regarding the most fundamental issues. Dr. Spence was insisting that—within FTL’s accreditation documents—there needed to be guarantees that no access would ever be allowed into the critical FTL casework areas, with the exception of working scientists who possessed the required certification. Since Stefan Long had no plans of pursuing qualifications as a forensic analyst, this would prevent his continued 24/7 access through the coded doors, into any of the restricted analytical areas. Mr. Long vehemently disagreed with Dr. Spence on the topic of incorporating such safeguards into the FTL Quality Assurance documents. Stefan Long, as the self-appointed FTL Quality Assurance Manager, insisted upon his 100% unregulated access to those critical analytical sections within the facility—at any time, ...day or night.

In late January of 2008, as Dr. Spence attempted to validate a fundamental DNA processing step required for FTL accreditation, it became clear that Mr. Long was tampering with those efforts. On February 7, 2008, the inevitable confrontation ensued between Dr. Spence and Stefan Long. Spence had reached the end of his tolerance for Long’s bullying tactics—particularly the juvenile tampering with the work efforts of any scientist in Steve’s doghouse. Dr. Spence hung up the phone on Mr. Long, and promptly gathered his personal belongings. When Dr. Spence hung up on the tyrant a second time, Mr. Long walked to Spence’s office and demanded that he remain within the facility—until the exit interview could be completed.  

During that exit interview, Stefan Long’s abrasive antics deteriorated to a level at which Dr. Spence had no choice but to call 9-1-1 law enforcement dispatch. This was in order to ensure his safe exit from Mr. Long’s bullying. In the midst of all of these histrionics, Stefan Long memorialized his version of the events—within his “Memorandum for Record”—signed: “Stefan A. Long”. The subject line of that document accurately characterized Dr. Spence’s departure as a: “Resignation”. Throughout the many years that followed, Dr. Spence preserved this document, in anticipation that Stefan Long would inaccurately claim that a “firing” had occurred.

Aligned with that anticipated nonsense, on Friday, February 8, 2008—the very next day after Dr. Spence executed his escape from FTL—Stefan Long placed a phone call to the Indiana State Police Regional Crime Lab, in Evansville, Indiana. Long spoke to Dr. Spence’s former employer, Sergeant Joseph Vetter, the Manager of the ISP Evansville facility. In contradiction to Stefan Long’s “Memorandum for Record—Resignation”, from less than 24 hours earlier, he lied to Sergeant Vetter. He alleged that Dr. Spence had become hostile, had to be fired, and forcibly removed from the facility by the NMSU Campus Police. Mr. Long also informed Sergeant Vetter that Dr. Spence brought his 11-year-old son into a restricted lab area, and abandoned him there for a protracted time frame. 

Unfortunately, Stefan Long took this vindictive, ‘poisoning-the-well’ crusade one step too far. When Long fabricated the tall tale that official “ISP case documents, evidence samples, and other stuff”, had been discovered in Dr. Spence’s desk at FTL, the ISP response was predictable. ISP leaders instructed Sergeant Vetter to immediately book travel arrangements to Las Cruces—to recover all of the ridiculously alleged documents/evidence that might have been illicitly removed from the ISP-Evansville Crime Lab.

In an April 6, 2009, email reply from Sergeant Vetter-to-Dr. Spence, Vetter summarized his February 2008 visit to FTL: “...I went to New Mexico in order to determine if you might possibly have materials that belonged to us and not you.” Sergeant Vetter continued with: “...we examined all of your materials and determined that you had a perfect right to have what you had.” Thus, on February 13, 2008, Vetter made the 1400-mile journey. Shortly after his arrival, the man realized that his time had been completely wasted, ........along with 1000’s of Indiana taxpayer dollars. This was all due to Mr. Stefan Long—and his oppressive penchant for tampering.

Recall that—on Friday, August 17, 2007—Dr. Spence was first informed of Stefan Long’s treacherous behavior, including tampering with scientific materials. One of the people attending that Friday evening meeting of co-workers was Ms. CS, a scientist who worked closely with Dr. Spence—throughout his 8-month tenure. One week after Dr. Spence managed his escape from Mr. Long’s tyranny, Ms. CS issued her resignation notice—for remarkably similar justifications. Since March of 2008, Ms. CS has successfully worked as a forensic DNA analyst, within a Texas crime lab located 57 miles outside the clutches of Stefan Long/FTL.

Shortly after the 2008 departures of Dr. Spence and Ms. CS from FTL, a meeting was arranged between Spence and the Undersheriff for the Doña Ana County Sheriff’s Department. During this meeting, Dr. Spence voiced a detailed inventory of justifications for why local law enforcement investigators should exercise extreme caution, before considering Stefan Long/FTL for outsource DNA analytical services on criminal case evidence. This included descriptions of the toxic work environment, the tampering with scientific materials, and the false account of facts that Stefan Long voiced to Sergeant Vetter, with the ISP Evansville Crime Lab. Interestingly, in 2008, the Doña Ana County Undersheriff was Mr. Chuck Franco. Three years later, Chuck Franco began serving as the First Gentleman of New Mexico, with his spouse, Governor Susana Martinez. Martinez served as the leader of the state of New Mexico for two terms—spanning from 2011 through 2019.

Five and ½ months after Dr. Spence resigned from FTL, Mr. Long launched yet another attempt at tampering with Dr. Spence’s professional reputation and livelihood. On July 24, 2008, two NMSU Campus Police detectives unexpectedly arrived at the office of Spence Forensic Resources. Mr. Long had filed a ludicrous, falsified Crime/Incident Report with the NMSU Police. In that report, Stefan Long alleged—yet again—that “Dr. Spence was fired in February.” He claimed—yet again—that Dr. Spence “...became argumentative...” on that day, and “...had to be removed from the building.” Defying all sense of logic, Long also alleged that Dr. Spence committed larceny, by stealing a USB key card that was essential for operating a genetic analysis software program. Astonishingly parallel with the nonsense that Stefan Long tried to feed Sergeant Vetter—on February 8, 2008—he attempted a renewed tampering effort—by filing the false law enforcement report. Subsequent to this criminal activity—perpetrated by Long—Dr. Spence submitted three emails to the NMSU police. These messages were dated August 22, 2008, September 5, 2008, and September 12, 2008. These emails addressed the NMSU Campus Police Investigator, Lyn Hodges, as well as the NMSU Chief of Police, Steve Lopez. Dr. Spence implored these investigative authorities to thoroughly complete their dissection of Stefan Long’s libelous delusions. Furthermore, he emphasized that—in the inevitable event of zero findings—there needed to be an investigation into Mr. Long’s violation of law—filing a false police report. In those emails, Dr. Spence unequivocally predicted that this miscreant would continue his ill-conceived attacks—targeting the reputation of a successful DNA scientist. Through all of the years beyond Long’s bizarre larceny allegation, Dr. Spence has received no updates on this matter—from anyone within the NMSU Campus Police.

In January 2009, the FTL DNA testing facility finally achieved accreditation. During the 1½ years after Spence’s exit from FTL, Mr. Long managed to alienate four more Technical Managers. These events should lead one to ask the question: “Did an FTL-analyzed forensic DNA case ever arrive on Dr. Spence’s desk at SFR?”

Refer to New Mexico v. Michael Burns. Cause Number: CR 2009-733. The case synopsis unfolded as follows: A female resident of Las Cruces, New Mexico, arrived at home and realized that her burglar alarm had been activated. As the woman telephoned 9-1-1 dispatch, she spotted a stranger walking down her street, and described him to the operator. The woman also noticed an open window, facing her backyard. A trash can had been positioned on her back porch, beneath the open window. The police located the stranger, Mr. Michael Burns, as he walked through the neighborhood. Upon questioning the man, the officers decided that he had little justification for “taking a stroll” in that location. When the police searched the immediate area, they found a pair of lime green gardening gloves that had been stuffed into a gap in a nearby rock wall. The officers put their suspect into the back of a squad car and transported him to the allegedly burglarized home. When the complaining witness came to her front door, an officer held up the lime green gloves and asked “Are these yours?” The woman asked the officer to hold that thought for a moment, and went to her back porch. She returned to the front door and told the officer, “Yes! My gardening gloves are missing, and they look exactly like those!”

          Michael Burns was placed under arrest. The Doña Ana County District Attorney’s office had developed a theory. They believed that Burns, a professional burglar, had gained access to the victim’s backyard. When he found the gloves on the porch, he put them on to avoid leaving fingerprints. Burns then moved the trash can to a nearby window and crawled into the home. As soon as the intruder realized that he had activated the alarm, he vacated the house. A number of minutes later, Burns allegedly hid the gloves a few blocks away within a rock wall, in hopes of avoiding any connection to the residential break-in.

          Months after his arrest, Mr. Michael Burns was subjected to a criminal trial. During the trial, the defense emphasized the fact that the gloves could have been tested for DNA—either to connect them to the defendant, or to clear him of the charges. The jury agreed that the lack of DNA testing was a troubling issue. However, they could not agree upon a verdict. A 2^nd trial was placed on the calendar.

Prior to the 2^nd trial, the Doña Ana County District Attorney’s Office contacted Stefan Long, and commissioned FTL to test the gloves for DNA. The defense lawyer—Ms. Beth Hubbard-Bramblett—brought Dr. Spence onto the case, to examine the documentation. Imagine the indignation of the taxpayers, in light of the inflated cost of two trials, plus expensive DNA tests, as well as the cost of a defense DNA expert. All of this, in order to get to the bottom of a stolen pair of filthy gardening gloves.

The attending FTL analyst—Mr. JM—properly turned each glove inside-out and carefully collected cotton swab samples. These swabs targeted various inner surfaces that certainly should have rubbed against the ‘handling skin cells’ of the wearer. Recall that the average-sized person, from head-to-toe, sheds approximately 2 million skin cells—over the course of each minute. Interestingly, the gloves both revealed a pristine, single-source genetic profile, perfectly matching the known DNA profile from Michael Burns. Although Dr. Spence readily agreed to the DNA match with the defendant, something was terribly wrong with this scientific picture.

          The problem: Where was the DNA from the burglary victim—the owner of the lime green gloves? From each glove, the only genetic material was the pristine set of alleles, demonstrating an exact match to Michael Burns. Note that this was in spite of the victim’s testimony that, once she purchased the gloves, she used them quite frequently—throughout numerous months. While the gloves were heavily soiled from the abundance of heavy yard work, the woman adamantly testified that she had never washed them—not even once. Despite this fact, the evidentiary results did not reveal one single genetic marker from the female burglary victim who had purchased and used those gardening gloves. Mysteriously, the case investigation team was never directed by Stefan Long—or anyone else at FTL—to bother with collecting a known DNA reference standard from the owner of the gloves.

When the prosecution became aware that the defense would be questioning FTL’s DNA results, they promptly voiced their indignation to the Court. They argued as follows: Considering that Dr. Spence was a former employee at FTL—this fact dictated that there should be comprehensive coverage for the jurors—regarding all aspects of Dr. Spence’s problematic history with Stefan Long.

The Court would have nothing to do with such nonsense. The proceedings were directed to move forward with no component of the ‘personalities’ associated with FTL’s history. The DNA aspects of the Michael Burns case would be evaluated strictly on interpretation of the evidentiary data. Thus, the jurors were never advised of any friction between FTL, and the defense’s DNA expert. Similarly, the jurors were never advised of the egregious, juvenile activities perpetrated by Stefan Long, especially his relentless tampering with Dr. Spence’s reputation as a scientist.

As the 2^nd trial date approached, Dr. Spence encouraged defense counsel to file a subpoena, demanding the video footage from FTL’s analytical area, in order to scrutinize the timing and events—during analysis of those gloves. Opposing counsel responded, explaining that no such footage was available—due to the mystifying absence of a functional video surveillance system, during the time of the lab work. True to his history of misdeeds, Stefan Long masterminded the evidence tampering—the planting of DNA from Michael Burns, into the glove samples. The facts of this investigation/trial can be readily verified through examination of the testimony record from Cause Number: CR 2009-733. On May 25, 2012, Dr. Spence and Mr. Stefan A. Long each summarized their assessments of the DNA case for the trial jurors.

The verdict for Michael Burns: Not Guilty—on all counts.

As a consequence of Stefan Long’s criminal behavior, spawning the seemingly improbable verdict for Michael Burns, word spread rapidly among countless law enforcement investigators and prosecutors throughout New Mexico—and beyond. FTL’s reputation was plagued with the stigma of a toxic work environment, and—of course—DNA evidence tampering. Inevitably, the FTL enterprise suffered a breathtaking collapse—and permanently closed its doors in August 2015. This was unfortunate, as the FTL facility was remarkably well-equipped, and staffed with extremely capable scientists.

It takes just one bad apple.

Posted by Michael J. Spence, Ph.D., on May 1, 2024.