Bloody Lies: A CSI Scandal in the Heartland

22. Blunder

164 bloody lies 22 blunder The federal indictment against Kofoed greatly disappointed Nick Sampson’s former public defender Jerry Soucie, who went so far as to predict Kofoed’s acquittal months before the trial got underway. “Kofoed has now been indicted and charged in federal and state court with allegations that can be described as ‘bad note taking practices’ that would call into question the ‘chain of custody’ of forensic evidence,” Soucie stated in a letter to the federal prosecutors and other key lawyers interested in the Murdock case. “He has not been charged with planting evidence against persons he believed at the time were guilty of a brutal double murder. Both the state and federal theories of prosecution have, in effect, adopted Kofoed’s defense as their theory of guilt.”1 Defense attorney Steve Lefler certainly would portray Kofoed’s actions as honest mistakes made by a busy, well-respected, decorated former Marine, who was a powerful force in the cSi division, Soucie stated. For sure, Kofoed would have a long list of exemplary character witnesses ready to stand behind him and testify on his defense. “Jurors will not like a cop that planted evidence, but they won’t give a damn about misdating police reports,” Soucie stated. “I can see Lefler in his opening saying, ‘Ladies and gentlemen, have you ever made a mistake in balancing your check book? Well, that’s what David Kofoed did, and these guys want to make that a federal crime! Give me a break!” Soucie ended his letter with a dead-accurate prophecy: “if the prosecution shoots low and misses, then they get nothing.”· · · 164 blunder 165 Before the federal trial, Lefler filed a motion to restrict federal prosecutors from introducing any inflammatory testimony alleging his client may have planted or manufactured blood evidence against livers or Nick Sampson. U.S. attorney Joe Stecher did not offer any objections. Stecher was content to convict Kofoed of committing mail fraud, civil rights violations, and falsifying public records. The federal jury trial took place at the six-story roman l. Hruska Federal courthouse in downtown Omaha under gorgeous blue skies in late august 2009. Kofoed wore a dark suit and swaggered into the courtroom. During breaks in testimony, the defendant gabbed and shared hearty laughs with several friends and professional colleagues on hand for emotional support. His mother, Dolores, also attended. Kofoed assured his supporters and the press that the jury would find him not guilty. Kofoed’s plight was one of Nebraska’s hottest stories, and gaining national attention. NBc’s Dateline was already busy producing a two-hour news documentary about the entire Murdock case, to be broadcast by award-winning correspondent Keith Morrison.· · · One of the regular attendees at the back of the federal courtroom was clarence e. Mock iii. The gray-haired, bearded lawyer with glasses was responsible for bringing the felony evidence-tampering count against Kofoed in cass county. Mock agreed to delay his prosecution of the state’s case until after the federal trial was resolved. Mock was nearly as tall as the famous illinois lawyer named abraham lincoln, but his frame more resembled a professional football player. Mock was in his late fifties, having been admitted to the Nebraska State Bar in 1977. He was also one of Nebraska’s most respected and brilliant legal strategists. as he sat in the gallery, Mock jotted down key observations in his large yellow notepad. He paid keen attention to the jurors’ faces as they watched Steve Lefler, the defendant’s lawyer. Lefler, a gangly trial lawyer, was one of the most interesting personalities in Omaha’s legal community. Also in his fifties, Lefler sported dark hair and dark-rimmed glasses. He was not the best criminal defense attorney money could buy around Omaha, but at times prosecutors underrated Lefler, and he rose to the occasion to achieve an acquittal in a high-profile case. He was also a likable and personable guy. He got along really well with the press. His courtroom antics conjured up images of Atticus Finch, the fictional, folk-hero lawyer in Harper lee’s Pulitzer Prize–winning novel To Kill a Mockingbird. in the real-life courtroom, Lefler portrayed himself as an affable country lawyer. 166 bloody lies He often talked up the prosecutor during a trial, even though that was his client’s arch nemesis. Lefler was fond of apologizing to jurors...