Kofoed: Evidence was legitimate

PLATTSMOUTH, Neb. — The director of the Douglas County CSI division testified Tuesday that he never planted or manufactured blood evidence to shore up the case against admitted child killer Ivan Henk.

David Kofoed testified in his own defense Tuesday at hearings in preparation for his criminal bench trial in Cass County District Court. Judge Randall Rehmeier will decide Kofoed’s fate on one felony charge of tampering with physical evidence.

Special prosecutor Clarence Mock has accused Kofoed of planting or manufacturing evidence in the April 2006 shotgun slayings of Cass County farmers Wayne and Sharmon Stock.

The blood evidence Kofoed produced played a key role in the continued incarceration of two original murder suspects, even after other evidence linked the killings to a pair of Wisconsin teens who later pleaded guilty.

Mock wants the judge to let him introduce evidence at next week’s trial that Kofoed has a pattern of producing false blood evidence — including in the 2003 slaying of 4-year-old Brendan Gonzalez.

Kofoed testified Tuesday that when he and CSI partner C.L. Retelsdorf processed a trash bin recovered from a Bellevue apartment complex, Henk had confessed to dumping Brendan’s remains in that bin some five months earlier.

Kofoed said he had no expectation of recovering blood evidence matching Brendan’s DNA.

“I thought it was unlikely because it was a Dumpster,” Kofoed said. “I didn’t think it was probable, before I even started.”

After scraping debris from the bin and removing its contents, he and Retelsdorf brought the garbage back to their Omaha crime lab. Kofoed acknowledged that he was alone when he tested the contents and got a positive reaction for blood. The University of Nebraska Medical Center later conducted DNA tests on two pieces of filter paper Kofoed claimed he used to swab the debris. The tests came back with a complete DNA profile for Brendan.

Two scientific experts testified Friday that Kofoed’s finding appeared to defy scientific logic.

During cross-examination, Mock argued that Kofoed had access and motive to plant Brendan’s blood on the filter paper.

After Brendan’s disappearance, Kofoed and Retelsdorf had collected blood spatter from Brendan’s home. Mock told the court Tuesday that Kofoed went back by himself about a week later. During that second search, Kofoed recovered at least two swabs of blood spatter. He brought those items back for testing. One contained a perfect DNA profile of Brendan .

“So, you would have access to the blood and DNA of Brendan Gonzalez between June 2 and June 5, 2003?” Mock asked.

“Yes, I would not have any doubt that I would have access,” Kofoed said. “Everyone who works in the CSI division 24/7 has access to that.”

Pretrial arguments resume Friday, at which time the judge may rule whether evidence from the Henk case can be presented at next week’s bench trial.

Lefler is expected to remain on case

Steve Lefler will probably remain as Dave Kofoed’s criminal defense attorney, and the start date of next week’s bench trial in Cass County is not in jeopardy.

On Friday, District Judge Randall Rehmeier is expected to formally appoint Lefler to serve as court-appointed counsel for Kofoed, who hired Lefler last year but says he cannot come up with the money to pay Lefler.

Since last year, Kofoed has been on paid administrative leave from his $80,000-a-year job as director of Douglas County’s CSI division.

On Monday, Lefler filed a motion with Rehmeier asking to withdraw as Kofoed’s private criminal defense counsel. His request came one week before the expected start of Kofoed’s trial. Lefler said he couldn’t keep working on the case without being paid.

Lefler and special prosecutor Clarence Mock informally discussed the matter Tuesday with Rehmeier. As court-appointed counsel, Lefler said he would be paid about $70 to $75 per hour.

Contact the writer:

444-1056, john.ferak@owh.com

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