HOUSTON – KPRC 2 Investigates discovered that a terminated forensic analyst for the Houston Forensic Science Center is at the center of a complex legal saga involving 392 Brady Notices from the Harris County District Attorney’s Office.
Within the notices is a chain of custody issue in the case of Patrick Clark, who stands accused of killing Kirsnick Khari Ball, better known as the Migos rapper Takeoff.
A spokesperson with the DA’s Office told KPRC 2 Investigates, “We go out of our way to file Brady notifications when necessary. This case is one of 392 pending Houston Forensic Science Center Cases in which we are issuing such notices.”
Defense Attorney and former Harris County Prosecutor Rick DeToto told KPRC 2 Investigates, “A Brady Notice is the prosecutor letting us know that there is something that tends to show our client is not guilty or can be used for impeachment of a witness.”
RELATED: What are Brady violations?
DeToto shares that a Brady Notice is different than a Brady Violation. The violation comes when the prosecutor’s office doesn’t share evidence favorable to the accused.
Takeoff was shot to death after a private party hosted by J. Prince Jr., the son of Rap-A-Lot founder J. Prince, at a bowling alley in downtown Houston during the early hours of Nov. 1, 2022.
Investigators said the shooting erupted after a dice game, where Takeoff’s uncle, Quavious Keyate Marshall, also known as “Quavo” in the Migos, got into an argument with those playing in the game.
In addition to Clark’s charges, Josuha Cameron was charged with a felon in possession of a weapon. Both men are currently out on bond.
The revelation of a Brady Notice in Clark’s case unveils a troubling sequence of events. In April 2023, Forensic Analyst Rochelle Austen noticed results involving a man’s DNA didn’t come back the way it was supposed to and that “a possible switch had occurred.”
Investigations confirmed the mishandling of samples during Austen’s time at the office. On March 5, 2024, a staff member found “a chain of custody mix-up on a proficiency test sample.”
The Brady Notice states, “It was determined that Austen had processed the wrong sample after neglecting to carry out a thorough Initial Sample Verification, a step required by HFSC in order to prevent the processing of incorrect samples. Finally, Austen was also found to have violated HFSC’s Chain of Custody transfer verification procedure.”
Austen was terminated 20 days later. She worked for HFSC for a little less than five years.
With Austen’s termination casting a shadow over numerous cases, prosecutors in Harris County are now trying to figure out how to move forward with their cases.