CBI fights release of former analyst's forensic files

Driving the news: The CBI, through the Colorado Attorney General's Office, filed a notice of appeal on May 4 in the first-degree murder trial of Michael Clark.

The agency is fighting a subpoena from Clark's defense attorneys seeking extensive forensic records connected to Woods under the Colorado Forensic Science Integrity Act (FSIA).

• Defense attorneys argue the records support claims of "outrageous government conduct," according to court filings.
• A district court rejected the CBI's effort to block the subpoena and ordered the agency to search for and produce records tied to specific DNA-testing terms.

The other side: The CBI is asking the Colorado Supreme Court to quash the subpoena, arguing the request is overly broad and falls outside the scope of the FSIA.

Context: The CBI found evidence in 2023 that Woods had tampered with DNA testing in some cases, and it later identified problems with 1,003 cases she had worked on.

• Woods testified during Clark's 2012 trial that DNA found inside a lip balm container recovered at the 1994 crime scene excluded 99.4% of the population — but not Clark.
• Clark's conviction was overturned last year after concerns emerged about Woods' handling of evidence in the case.

Flashback: Clark is accused of fatally shooting Marty Grisham, 48, in the doorway of his Boulder apartment on Nov. 1, 1994.

• Investigators never found a murder weapon, and there were no witnesses.
• Clark, who was friends with Grisham's daughter, became a suspect early in the investigation.
• Prosecutors alleged that Clark stole and forged checks and argued he killed Grisham to cover up the fraud.

What's next: Clark's trial is on hold while the Colorado Court of Appeals considers the dispute.

• Woods is separately scheduled to stand trial in September on more than 100 felony charges.