Forensic scientist Henry Lee and JonBenet Ramsey

U.S. Court: Forensic scientist Henry Lee liable for fabricating evidence that sent two teens to prison for murder

Edmund H. Mahony, Hartford Courant
Fri, July 21, 2023 at 2:58 PM CDT·5 min read

A federal court has ruled that world-renowned forensic scientist Henry Lee fabricated evidence that sent two innocent teenagers to prison for 30 years and he is liable for what could be tens of millions of dollars in damages in their wrongful conviction suit.

The unusual, pre-trial ruling for Shawn Henning and Ricky Birch was one of several issued Friday by U.S District Judge Victor Bolden. The decisions mean that a sensational wrongful conviction suit against Lee, eight police investigators and the town of New Milford will go to trial without a settlement. In addition to finding against Lee, the court ruled that a jury could reasonably find that state and New Milford police fabricated or concealed evidence that would have undermined the case against the teenagers.

In Lee’s case, it will be a hearing in damages rather than a trial. Jurors will be instructed that, because of Bolden’s ruling, Lee has been found liable for fabricating the crucial evidence and the jurors need only decide how much he owes Henning and Birch in damages.

Bolden’s ruling also was critical of the office of state Attorney General William Tong, which is defending Lee and several former state police detectives in the case. Bolden said there is an immunity defense that could have been exercised in an effort to protect Lee from a pretrial liability judgment, but Tong’s office inexplicably failed to do so.

Bolden wrote that the Attorney General’s office acknowledged that it “unintentionally neglected to move more quickly … when it became clear to counsel that testimonial immunity was a viable, and in fact, meritorious defense for the Defendant.” Because of the delay, Bolden wrote Lee was not entitled to use the defense.

But Bolden also said that, based on the record in the case, Lee could have been found liable for fabricating evidence even if he had presented an immunity defense.

A spokeswoman for Tong said Friday the office is “reviewing the decision and evaluating next steps.” Messages were left for Lee.