What is a Brady Notice? Takeoff murder forensic analyst may have improperly handled evidence in other cases, Harris Co. DA alleges

HOUSTON, Texas (KTRK) — A Harris County forensic analyst is under the microscope after documents show she allegedly committed evidence processing errors that may impact several cases, including the murder of Migos rapper Takeoff.

The Harris County District Attorney’s Office filed a Brady Notice informing attorneys defending Takeoff murder suspect Patrick Clark about Rochelle Austen’s termination last month for “lack of quality of work,” among other reasons.

The filing states that Austen was considered a witness in the Takeoff murder, which happened at a Houston bowling alley on Nov. 1, 2022. Clark was indicted in the case in May 2023.

According to the filing, the DNA samples Austen processed had been switched in one case while she skipped a step and processed the wrong sample in another. Both aren’t related to Clark, but according to criminal defense attorney Murray Newman, the Brady Notice indicates to the defense that something may contradict their client’s guilt.

“(Prosecutors) have an ongoing duty to turn that over, no matter how minor they may perceive it to be, and that can be something that someone got caught in a lie on one completely unrelated case,” Newman explained.

Newman said this is yet another setback in a system that already has court backlogs.

“Since she did mess up, they can never put her on the stand again, and the defense attorney would eat her alive,” Newman added.

Letitia Quinones, Clark’s attorney, issued a statement to ABC13, saying, “This is something of concern for us, and we will be investigating it to see exactly how it affects our client’s case.”

Detectives said the night Clark allegedly shot the rapper at the bowling alley, surveillance footage showed him holding a gun in one hand and a wine bottle in the other.

Investigators added that he was seen on video firing the shot that killed Takeoff and leaving the wine bottle behind. Fingerprints on that bottle led police to Clark, investigators said.

The district attorney’s office said 392 Brady Notices were filed due to alleged mishandling of evidence in criminal cases. Still, it’s unclear how many are tied to Austen specifically.

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