PART 3: Corruption in the El Paso County (Texas)

District Attorney's Office

In 2022, Ms. Yvonne Rosales, the El Paso County District Attorney, was confronted with serious charges of professional misconduct. Consequently, in November, 2022, she resigned. While this article centers on instances of egregious misconduct and fraud in that same office, it is not directly connected to the multitude of factors relevant to the removal of Ms. Rosales.

On June 21, 2022, I testified as a defense DNA expert witness in the 409^th Judicial District Court. My scientific testimony centered on an extremely high-profile homicide case, based out of El Paso, Texas. During cross-examination, Ms. Habon Yassin Mohamed, an Assistant District Attorney (ADA), presented me with a memorandum. At the bottom of this memo was the name, ...... "Stefan Long", the 2008 General Manager of the Forensic Testing Laboratory (FTL). This facility once conducted business in Las Cruces, New Mexico. Although the memo was not entered as evidence, it alleged that my February 2008 dissociation from FTL was a consequence of a termination event, rather than a voluntary resignation. The memo displayed the date, February 7, 2008. In response to Ms. Mohamed’s ambush, I testified to the fact that I had never seen any memo resembling the one brought out in court on that specific day—within such a momentous criminal trial. Most illuminating, the so-called “Termination” memo was not signed by Stefan Long, nor by me—nor by anyone else.

The memo was fraudulent. The document was crafted in stark contradiction to a preponderance of facts. Those facts—and the astonishing events that unfolded after the trial—have been memorialized in this article. Foremost, in my possession, at that moment on the witness stand, was a 14½-year-old “Memorandum for Record”. My memo was produced by none other than Stefan A. Long—and displays his signature. The date listed on my authentic document is “August 22, 2007”. In his haste—to promptly accept my resignation—Mr. Long apparently accessed a resignation memo from a former employee, and forgot to type in the correct date—“February 7, 2008”. He also failed to type in an accurate job designation. In addition to the fact that no dispute existed in 2007—between myself and FTL management—I was not a “Shipping Clerk”. The accurate designation should have been “Technical Manager—FTL”. On my Memorandum For Record subject line, Mr. Long accurately proclaimed my “Resignation” from FTL. In February of 2008, Mr. Long had no means of predicting that—over the years to come—I would achieve a considerable degree of success as a forensic DNA consultant. He also had no way of suspecting that I would preserve his signed resignation memo for all of these years.

My role within the 2022 high-profile homicide trial was to alert the jurors to alarming errors in the handling of DNA evidence. Those errors were relevant to enormous, unnecessary risks of DNA contamination. For years leading up to the trial, I had been alerting Texas Department of Public Saftety Crime Lab management, across the state, regarding the potential consequences of such risks. These warnings have been completely disregarded. Rather than formulate any rational strategy, in an attempt to challenge my scientific opinions, Ms. Mohamed utilized Stefan Long’s outrageous, ‘termination’ memo—in a misguided attempt at calling my credibility into question. The following illuminates what typically happens when a scientist becomes a ‘whistleblower’:

The homicide trial transcript reveals that, as the ADA subjected me to cross-examination, I was asked: You testified that you have never been fired before. Isn't it true though you were fired from FTL? Answer: No, I resigned from that position. Ms. Mohamed was allowed to approach me, to present her falsified memo. The ADA asked: ...are you familiar with that document? Answer: No, I’m not. After establishing that the memo showed the correct date of my departure from FTL, Ms. Mohamed asked: The subject line of the memo is "Termination of Dr. Michael Spence", ...correct? Answer: That’s correct. Beyond acknowledging the comically fictional subject line notation, I did not waver in my condemnation of that recently-fashioned document. I testified only to the truth, that my exit from FTL was entirely voluntary. I pointed out that June 21, 2022, was the first appearance of anything resembling Ms. Mohamed’s counterfeit memo. Most important, I confirmed the fact that—at that very moment—I was prepared to unveil and discuss my 100% authentic  document, ...confirming the reality of my FTL “Resignation”, for the homicide trial jurors.

When this testimony bombarded doubt onto Ms. Mohamed’s perverted memo, there was a perceptible appearance of concern on her face. Not surprisingly, she promptly backpedaled—attempting to corral me into at least acknowledging that: “...you would agree that they asked you to leave, due to performance issues.” This assertion was an equally disgraceful assault on the truth. I reiterated the fact that my departure from FTL was 100% voluntary.

In stark contrast to the dazzling eventual failure of FTL, Spence Forensic Resources (SFR) has achieved a distinguished level of success. SFR enjoys an impeccable reputation, as I have reviewed over 1400 forensic biology/DNA cases, during the course of my career. I have been qualified, and I have testified as an expert forensic DNA witness in 193 trials/hearings in Indiana, New Mexico, Texas, Arizona, Maryland, Colorado, Michigan, South Carolina, Florida, California, Iowa, Oklahoma, Louisiana, Arkansas, Idaho, Kansas, and Alaska.

Ms. Habon Mohamed could have adopted a deeper interest in the facts and events linked to my fleeting 8-month tenure at FTL. Logic dictates that it would have been useful for the El Paso County ADA to explore the legendary lack of credibility of the facility’s GM. Instead, Ms. Mohamed opted for the easier route—blindly embracing Stefan Long’s revised history of events, bolstered by his absurd, sucker punch memo—no questions asked. Clearly, it was an ethical miscarriage, to showcase such a document in front of jurors during any process—let alone such a remarkably visible homicide trial. Nothing prevented the ADA from insisting that Stefan Long provide his imaginary account of the February 2008 circumstances—while under oath. During my testimony at the homicide trial, the cowardly GM was nowhere near the courtroom.

Ms. Mohamed could have simply communicated with her own Texas DPS Crime Lab DNA analyst—Ms. Cathey Serrano—as part of the trial at hand. All parties involved in the homicide trial were fully aware that I worked side-by-side with Ms. Serrano, at FTL, in 2007/2008. Ms. Serrano resigned from her position with Stefan Long/FTL—coincidentally—one week after I choreographed my own escape. The ADA had no interest in the fact that Ms. Serrano departed for amazingly similar justifications—the toxic atmosphere of tyranny and tampering that plagued the facility.

While the evolution of bizarre events within the homicide trial might seem unsettling enough, the circumstances that unfolded during the next several months were downright spellbinding—as well as frustrating. After the trial—on July 5, 2022, at 4:00 p.m.—my administrative assistant and I submitted a Freedom of Information Act (FOIA) request to the El Paso County Office of the District Attorney. This was initiated through their published email address: DAPIARequests.gem@epcounty.com. The email outlined SFR’s request for all records, ...paper, audio, video, etc., relevant to any inquiries by Ms. Habon Yassin Mohamed, regarding my professional history/integrity. The request was abundantly clear and comprehensive. It thoroughly addressed my June 21, 2022 testimony, including the atrocious documentation used in a treacherous attempt to injure my reputation.

The initial response to SFR’s request arrived on July 12, 2022, in an email from one of the Assistant District Attorneys, Mr. Rene Flores. Over the course of numerous weeks, a series of email exchanges established that Mr. Flores and the El Paso County DA’s office were circling their wagons. They refused to comply with federal law, unless the scope of SFR’s request could be reduced—due to an FOIA request that was allegedly “too broad”. ADA Flores demanded that SFR needed to: “...provide the dates and descriptions of the specific documents that you are seeking.” This perplexing, comical response suggested that my assistant and I possessed some sort of telepathic mechanism of identifying specific documents, including their dates and descriptions. To note the most glaring example, SFR would not have been able to provide any date/description of Mr. Long’s ‘termination’ memo, if I had not seen the ridiculous document with my own eyes—while testifying within the homicide trial! Interestingly, on September 23, 2022, Mr. Flores stepped down from his ADA position, and escaped from the chaos that was turning the DA’s office upside down.

It eventually came to our attention that the El Paso DA’s office had submitted a certified letter to the Texas Office of the Attorney General. In that letter, Ms. Yvonne Rosales claimed that the vast majority of their documentation qualified as privileged work product—which should render those materials exempt from any FOIA request. Due to the fact that the DA’s office continued to insist upon further narrowing the scope of SFR’s request, our back-and-forth discussions of a possible resolution dragged on for months.

In an October 12, 2022, response to the guidance requested by the El Paso County DA’s office, Ms. Jennifer Copeland—an Assistant Attorney General for the state of Texas——upheld SFR’s FOIA request for the pertinent documentation. During the weeks subsequent to the unmistakably distinct guidance from AAG Jennifer Copeland, the El Paso County DA’s office continued to thumb their noses at SFR’s markedly sensible FOIA request. This inaction violated federal law. Please refer to published 5 U.S. Code § 552. The El Paso County DA’s office stubbornly adhered to their absurd claim that SFR’s needs continued to be excessively broad. Their corrupt office managers alleged that SFR’s request would involve an extraordinary amount of precious time and manpower for case material review, and redaction of documents. Thus, compliance with the congressionally-mandated Freedom of Information Act would necessitate various service charges, which would amount to a total of several $100’s, perhaps in excess of $1000.

This shamelessly defiant extortion tactic prompted SFR to further scrutinize the specifics of our continually diminishing request for fundamental documents—which we had every right to examine. As a consequence of our mounting frustration, SFR issued a November 7, 2022, email to yet another one of the Assistant District Attorneys—Mr. Robert Bond. Within that message, SFR reiterated its insistence upon receiving Stefan Long’s fraudulent ‘termination’ memo—presented at trial by Ms. Mohamed. Beyond that, we simplified the FOIA request as follows: “Any and all documents related to, and obtained from, any investigative processes conducted with Mr. Stefan Long and FTL.” In the email to Mr. Bond, SFR notified the El Paso County DA’s office of our intention to file an overcharge complaint with the Texas Attorney General’s Office. It is noteworthy that November of 2022 was the very month that Ms. Yvonne Rosales, the El Paso County District Attorney, disgracefully resigned from her prominent position.

In response to SFR’s conspicuously watered down FOIA request, Mr. Bond *finally* informed us that our request would be granted—at no cost. On November 14, 2022, the very day of SFR’s deadline to file the overcharge complaint, Mr. Bond emailed FOIA documents to SFR.

Remarkably, it took nineteen weeks, to receive a grand total of seven pages. Beyond all comprehension, those documents did not include the hilariously elusive ‘termination’ Memorandum of Record—which had been so arrogantly unveiled at trial by Ms. Mohamed. In its place, among the useless seven pages of FOIA materials, was a Memorandum of Record—with “Stefan Long” typed in at the bottom—with similarities to my authentic memo. This FOIA memo did not reference a “Shipping Clerk”, and had the date modified from August 22, 2007, to the correct date: “February 7, 2008”. Low and behold, this memo brandished a subject line, confirming my departure—as a “RESIGNATION”.

It is most interesting that this newly crafted FOIA memo—provided by ADA Bond and his managers—mysteriously lacked Mr. Long’s signature. These intriguing observations should prompt the inescapable conclusion: Ms. Mohamed had access to both, this misleading FOIA ‘resignation’ memo, as well as Mr. Long’s irrefutably discredited ‘termination’ memo. Consequently, in order to maximize her chances of prevailing at trial, the ADA chose to embrace strictly the latter memo—to showcase in court—as the most effective version of Stefan Long’s varied attempts to assassinate the truth.

Within email exchanges between SFR and the El Paso County DA’s office, ADA Bond endlessly echoed his office’s assurances, claiming that: “...we provided everything”. In one of his emails, ADA Bond suggested the possibility that the 409^th Judicial District Court reporter made an error in the transcript—thus justifying the ‘resignation’ versus ‘termination’ discrepancy. As Bond continually voiced the claims from within the DA’s office that “everything” was provided to SFR—see below—as that was exposed as a hideous lie.

Judge Sam Medrano, in response to a subpoena filed on January 19, 2023, ordered the El Paso County District Attorney’s office to *finally* hand over Stefan Long’s ‘termination’ memo. Moments after this Court order—despite the emphatic claims that it simply did not exist—the treacherous document spontaneously materialized, ...and was surrendered.

Consequently, SFR now has the phony termination memo that Ms. Mohamed recklessly embraced within a high-profile homicide trial. Prior to that trial—the El Paso County ADA clearly had access to not one, but both of Stefan Long’s counterfeit documents. Most fascinating, both of these memos—prepared on indefinite dates—were never signed. Interestingly, the only memo bearing Stefan Long’s signature continues to be my authentic 1-page document—which I had the presence of mind to preserve—since February 7, 2008.

 In Summary: It is guaranteed that, during my testimony within future El Paso trials, prosecutors will renew their theatrical efforts, by disavowing components of this article—entirely out of context. That is all part of the customary sensationalism embraced within our criminal justice system. Regardless of any pointless attempts at rewriting history—and other forms of denial—the following facts persist: On June 21, 2022, Ms. Habon Yassin Mohamed failed in her ethical responsibilities, by acting with unprovoked malice. The ADA possessed two contradictory sources of documentation. An elementary degree of intuition would have prompted any competent attorney to conclude that both memos were problematic—as neither was signed.

In early February of 2023, I reached out to the former El Paso County ADA, in order to explore an equitable gesture of professional courtesy. I hoped to merely discuss a fundamental acknowledgement that—upon addressing my brief tenure at FTL with their former GM—Stefan Long deceived Ms. Mohamed—misrepresenting a myriad of facts. The memo unveiled for the homicide trial jurors was printed onto crisp, pristine paper. In contrast, the authentic memo that I have kept all of these years, is an unmistakably old document. It is somewhat faded, creased, with worn edges, and dog-eared corners. My initiative for a routine communication with Ms. Mohamed was completely ignored.

On February 21, 2023, I filed a “Misconduct Grievance”—with the State Bar of Texas. Parallel to my hopes for a simple dialogue with Ms. Mohamed, my objective was not to have her reprimanded, let alone suspended, or disbarred. My goal was merely to secure a concession—in writing—that Stefan Long must never be relied upon as a credible source of insights into my professional history, nor my integrity, nor insights into ANYTHING ELSE. The grievance was reviewed—prior to being unconditionally disregarded. The review committee condoned the actions of Ms. Mohamed.

Clearly, any adept prosecutor—despite an understandable desire to prevail at trial—could have simply contrasted the fate of FTL, in comparison to the fate of SFR. FTL no longer exists. Refer to Part 1 of this series, bearing the title: Las Cruces, New Mexico: Collapse of the Forensic Testing Laboratory. Stefan Long’s evidence tampering in 2011 prompted the acquittal of Mr. Michael Burns (refer to CR 2009-733). His criminal activity set the lab’s spectacular demise into motion. With minimal effort, Ms. Mohamed could have spoken with former FTL employees, and confirmed Mr. Long’s bullying management style. The ADA could have simply engaged in a discussion with her Texas DPS Crime Lab scientist, Ms. Serrano. A routine mandate—from the ADA—could have forced Stefan Long to spin his inventory of improbable tales, while under oath. But alas, any such initiatives might have torpedoed Ms. Mohamed’s woefully ill-conceived impeachment efforts. It was apparently more attractive to sell out for victory at trial—as opposed to considering the most honorable objective: the truth.

Published by Michael J. Spence, Ph.D., on July 1, 2024.