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Cuyahoga sheriff
Thomas Siller
By James F. McCarty, The Plain Dealer
on March 19, 2013 at 5:45 PM, updated March 20, 2013 at 7:38 AM
CLEVELAND, Ohio -- Two men today sued a disgraced crime
laboratory worker with the Cleveland Police Department,
accusing him of fabricating evidence that contributed to their
Two Cleveland men seek millions from city for wrongful murder convictions, 13 years in prison
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million, plus unspecified punitive damages, from forensic
serologist Joseph Serowik, as well as the city of Cleveland,
which they accuse of failing to properly train and supervise
Serowik.
The lawsuit was filed in U.S. District Court, and contends the
lab worker violated their due process rights under the U.S.
Constitution.
Siller and Zimmer were eventually exonerated of charges in the
1997 beating death of Alice Zolkowski, 74, of the Slavic Village
neighborhood.
of perjury and obstruction of justice in connection to his
testimony against Siller and Zimmer. He was sentenced to five
years in prison.
Serowik's work found a "systematic pattern in many cases" of
Metro Columnists
According to the lawsuit, Serowik claimed he tested dark
splatters found on Smith's pants, but testified they were not
blood.
Subsequent DNA tests found 20 of the spots were blood, and
nine could be traced to the victim and Smith. None came from
Siller or Zimmer.
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jester6
I remember Mr. Serowik's was fired. But apparently he assumes no one else will because he openly claims he wajust made a career change. From his bio at Richmond Heights Middle School: "I worked for 17 years as a forensic scientist for the Cleveland Police Department before changing careers." He is now a science teacher at Richmond Heights Middle School. And he teaches an elective called Forensic Science.
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18 Hours Ago · Reply
If you made this stuff up no one would believe you. http://www.richmondheightsschools.org/olc /teacher....
mal76 and fightin4life like this.
18 Hours Ago · Reply
moulds71
There's fraud in the CSI world?! Who knew!!! Anyway Jester, you should take over in the PD's fact finding.
mal76 likes this.
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http://www.cleveland.com/metro/index.ssf/2012/04/thomas_siller_and_walter_zimme.html[3/20/2013 1:02:39 PM]
3 comments
Thomas Siller
By Leila Atassi, The Plain Dealer on April 02, 2012 at 6:00 AM
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Today, we answer this question:
Whatever happened to Thomas Siller and Walter Zimmer, who spent
13 years in prison for beating an elderly woman to death and were
released last year after newly discovered DNA evidence suggested
another suspect could be the true killer?
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Walter Zimmer
The two men, who were released last spring, are sharing a house in a
Cleveland suburb and trying to acclimate to life outside of prison with the help
and support of family and friends.
Adjusting to society's reliance on computers, cellphones and other technologies
has been among the greatest challenges of the past year, they said in recent
interviews. Siller, 56, said it took him about a month to realize that his cellphone
was ringing in his pocket. And Zimmer's 20-year-old daughter had to bring him
up to speed on computers.
"I've got a laptop with mobile Wi-fi," the 55-year-old said. "But sometimes it
frustrates me so much I feel like throwing it out the window. I guess that's why
they call it Windows, right?"
Another great hurdle for the men was finding work.
Zimmer, who once drove trucks for a living, had trouble
getting hired because he had no recent work experience.
After months of working odd jobs, he recently got hired
to drive a dump truck, he said.
And 13 years older and about 90 pounds heavier than
when he was first incarcerated, Siller said his body could
not handle the physical demands of his prior career in
masonry. So he sought training in another area of
construction -- air barrier installation -- and now has
only an apprenticeship left to complete before he can receive his certification, he
said.
Siller added that even after finding employment, he sometimes felt vilified by
bosses who knew about the criminal case in his past, and he believes that once
he was fired because of it.
Siller and Zimmer, who had befriended 74-year-old Alice Zolkowski, were found
guilty in 1998 of tying her up, ransacking her Slavic Village home and beating
her into a coma. Both were convicted of attempted murder and given long prison
terms.
An acquaintance, Jason Smith, testified at their trials that he was with the men
inside Zolkowski's house that night but swore he didn't participate in the attack.
He pleaded guilty to aggravated burglary and was sentenced to three years in
prison. But he was granted immunity from prosecution if Zolkowski were to die
from her injuries.
Zolkowski died two years later without ever regaining consciousness, and Siller
was convicted again, this time of aggravated murder, and sentenced to 30 years
Thomas Siller and Walter Zimmer, imprisoned for beating elderly woman to death: Whatever happened to ...? | cleveland.com
to life in prison. Zimmer pleaded guilty to involuntary manslaughter to avoid the
death penalty and was sentenced to 10 years in prison.
Siller was awaiting a new trial last March when Cuyahoga County Prosecutor Bill
Mason's office received test results from cloth strips used to bind Zolkowski
during the attack. The results revealed that the only DNA found on the bindings
other than Zolkowski's belonged to Smith.
Prosecutors offered Zimmer and Siller a chance to be released from prison on
the condition that they plead guilty to aggravated theft in the case. They agreed
and were sentenced to time served.
Smith, 43, then was extradited from Atlanta, where he was living, and charged
with perjury and obstructing justice. His trial is scheduled to begin May 1.
Prosecutors have declined to comment on whether Smith -- who has been
paralyzed from the waist down since he was shot by a Cleveland police officer
more than 10 years ago -- will be charged with Zolkowski's murder.
Meanwhile, Siller and Zimmer have filed a lawsuit against the state, requesting
the men be declared wrongfully imprisoned, which would entitle them to
compensation for the years they spent behind bars.
Their attorney, Terry Gilbert, said in a recent interview that prosecutors
mishandled the case from the start, and his clients deserve justice and
accountability from the system. They face one roadblock, however. A judge could
view the time they served in prison as punishment for the aggravated robbery
charges to which they pleaded guilty.
"Prosecutors created this legal fiction to get them out of prison without
acknowledging their innocence," Gilbert said. "And the promise of freedom is a
very powerful incentive."
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bdurit
As a friend of Mr. Tom I know he is not capable of paticipating in this brutal homicide. Throughout my life I been a part of peoples lives that have dealt with drug or alcohol abuse. My Father served in World War II. Because of his sensitive and loving soul he drowned his pain and sorrow with alcohol. I see men every week at the Ohio Veterans Home that have never recovered from the Vietnam War.
I have always said, where do these sweet little boys get lost? Where did my Dad cross the line when life was just to hard. My Father went into recovery in 1970. My brother is also a recovering drug and alcohol addict.
They were addicts, BUT were never capable of hurting anyone physically.
Unfortunately, we do have people that commit brutal crimes and walk away.
11 Months Ago · Reply
When you know the heart and soul of someone in your life you are very aware of what they could or could not do.
Everyone has their own opinions. I can never change these. But I stand strong in saying my involvement with my family and Tom has been a blessing. They have and still are teaching me valuable lessons everyday.
JIMMY THE POLE
Smith has nothing to worry about with that agreement to not being tried. Maybe time served is over the maximum sentence. Stiller is a candidate for disability payments. I wonder why he hasn't applied yet or if denied getting a lawyer to deal with the BS.
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http://www.cleveland.com/opinion/index.ssf/2011/05/masons_well-considered_attempt.html[3/20/2013 1:07:07 PM]
4 comments
By The Plain Dealer Editorial Board on May 25, 2011 at 4:25 AM
Indict.
Extradite.
Cuyahoga County Prosecutor Bill Mason is doing just that by
impeaching his star witness in the brutal beating death of 74-
year-old Alice Zolkowski.
Jason Smith was indicted on three counts of obstruction of
justice and two counts of perjury Monday for allegedly lying
about his role in the 1997 assault that left Zolkowski in a coma.
Smith admitted being present but testified that he did not
participate in the attack. That, he said, was the work of
Thomas Siller and Walter Zimmer. In exchange for fingering
Siller and Zimmer, Smith got immunity from prosecution
should Zolkowski die of her injuries.
Mason's well-considered attempt at do-over justice: editorial
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Two years later, without regaining consciousness, she did just
that. Siller was sentenced to 30 years to life; Zimmer to 50
years.
Project, since they hinged on suspect testimony and shoddy
DNA testing by a scientist later fired from the Cleveland Police
Department for putting a man behind bars for a rape he didn't
commit.
Siller was awaiting a new trial when Mason took it upon
himself in August 2010 to hire a forensic lab to test the cloth
strips used to bind Zolkowski. The results: The only DNA
found on the bindings belonged to Zolkowski and the state's
star witness.
Smith, who lives in Atlanta, will be extradited to face the new
charges. Meanwhile, Siller and Zimmer have had their murder
convictions dismissed and were allowed to plead guilty to
aggravated theft. They were sentenced to time served -- 13
Editorial Cartoon
Mason's aggressive pursuit of justice -- even at the cost of
embarrassment to his office -- deserves special recognition.
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JustSayin'
Yes without Mason having the evidence tested for DNA this punk would not get prosecuted. All three of them deserve what they get. Mason had the courage to review the evidence again.
Wednesday, May 25, 2011, 9:37:57 AM · Reply
nonsense
I agree, Mason should be complimented on his initiative in this case.
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masonsux
Indict
Make it right...
I didn't know
Oh, ? well I would have to say THREE times is a charm. This MASON dude seems to be incompetent at all he does as well as corrupt. One would think when you make deals with a devil, you have all your i's dotted and your t's crossed... Although look at the bright side, his conviction rate is through the roof...
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Home > Metro - cleveland.com > Crime
Cleveland man ordered released from prison; DNA in 1997 murder points to state's key witness Published: Saturday, March 26, 2011, 5:50 AM Updated: Saturday, March 26, 2011, 10:15 AM
CLEVELAND, Ohio -- A Cleveland man
who spent the past 13 years in prison
for beating an elderly woman to death
was ordered released Thursday after
Cuyahoga County prosecutors
could have been the true killer.
Thomas Siller, 55, was awaiting a
new trial when Prosecutor Bill
Mason's office received test results
last month from cloth strips used to
bind 74-year-old Alice Zolkowski during
the 1997 attack in Cleveland.
The results revealed that the only DNA found on the bindings other than Zolkowski's belonged to
Jason Smith -- who received immunity from an aggravated murder charge in exchange for
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testifying against Siller and his co-defendant Walter Zimmer.
Lawyers from the Innocence Project in New York City got involved in Siller's case in 2006 and
sought to discredit Smith using previously untested blood evidence found on the pants he wore
the night of the attack.
But neither the Innocence Project nor the attorneys who worked on Siller's case throughout two
trials requested the bindings be tested.
Mason said assistant prosecutors Rick Bombik and Matthew Meyer
recently sent all the material to a Texas lab to take inventory of the
evidence on hand and received the surprising results five weeks ago.
While the discovery does not rule out Siller and Zimmer as accomplices,
Mason said in an interview Thursday, it proves that Smith was more
involved than he initially let on and that the other men's convictions
were anchored in perjury.
Siller accepted a plea deal Thursday to aggravated theft and was
sentenced to time served. He was released around 3 p.m. that day and
could not be reached for comment. Zimmer is expected to receive the
same deal in the coming weeks.
And Mason said he plans to pursue charges against Smith, who now lives in Atlanta and has been
paralyzed from the waist down since a Cleveland police officer shot him in the back more than 10
years ago.
"He snookered us a little bit," Mason said. "We're working in the mud with defendants and
witnesses all the time, and you make your best call on a person's credibility. But given all that has
happened in this case, this was the right thing to do."
Siller and Zimmer were found guilty in 1998 of tying up Zolkowski, ransacking her Slavic Village
home and beating her into a coma. Both were given long prison terms.
A jury convicted the pair for attempted murder, even though prosecutors presented no direct
evidence except the word of Smith, who was a third suspect. He testified that he was with the
men inside Zolkowski's house that night but swore he didn't participate in the attack.
Police found fingerprints from all three men in the house. Siller and Zimmer had befriended
Zolkowski, did work in her home and each borrowed thousands of dollars from her.
Smith, who did not know Zolkowski, was charged with attempted murder but struck a deal with
prosecutors and agreed to testify against the other men. He received three years in prison after
pleading guilty to aggravated burglary and was issued immunity if Zolkowski were to die from her
injuries.
Zolkowski died two years later without ever regaining consciousness, and Siller was convicted
again, this time of aggravated murder, and sentenced to 30 years to life in prison. Zimmer
pleaded guilty to involuntary manslaughter to avoid the death penalty, and was sentenced to 10
years in prison.
But in 2001, a City of Cleveland lab technician who testified on blood evidence in Siller's case was
deemed incompetent and fired for shoddy work. And a city audit of 16 years worth of cases
flagged Siller's as one to review.
Lawyers from the Innocence Project took on the case and asked a judge to order further DNA
testing. Results revealed Zolkowski's blood spattered on several areas of Smith's pants, and Siller
was granted a new trial based on the discovery.
The trial was scheduled for September, but Common Pleas Judge R. Patrick Kelly accepted Siller's
plea this week.
Barry Scheck, co-director of the Innocence Project, in a written statement criticized prosecutors for
hanging onto the case for so long, "even in the face of overwhelming DNA evidence showing Jason
Smith was the real perpetrator."
He said he understands why Siller took the plea deal -- to spare himself the risk of another
conviction for a crime he insists he did not commit.
Siller's attorney, Kevin Spellacy, said prosecutors did the right thing by sending the evidence to
the lab and choosing not to pursue the aggravated murder charge any further. But he added that
they made a grave error in trusting Smith at all.
"It was flawed judgement," Spellacy said. "They hooked their wagon to the wrong horse. Smith
basically made his story up. Everything he said was a lie. But I give them a little credit -- they
discovered their witness was actually the killer."
Assistant Prosecutor Bombik said he initially went with his gut instinct about Smith, who at the
time seemed engaging, articulate and truthful. He even passed a polygraph test administered by
Cleveland police.
"So much for polygraphs," Bombik said. "We wanted to find the truth, it's as simple as that --
wherever that takes us. But with all the twists and turns this case has taken, perhaps it was time
to reach some type of finality and resolution. Or else this might never have ended."
Related topics: barry scheck, crime, cuyahoga county common pleas court, cuyahoga county prosecutor bill mason, innocence project, kevin spellacy, thomas siller
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vikingsftpaw
Untested Blood Evidence? Is there anyone in Corrupt-ahoga County that is competent at what they do? Peoples lives depend on this? It must be a DILLIGAFF work ethic.
Saturday, March 26, 2011, 4:09:14 PM Reply
Digdug21
Is this guy gonna be able to take part in the pre-game shoot around at the next Cavs game?
towwwdothello
Another situation where all the attorneys and the prosecution did a poor job, including ethics violations. It would be important to know who the prosecutors were, they are not named in this article.
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johnyyuma
Let's pretend that in the U. N.; the United States chooses its 'friends' SOLELY on the country's death penalty in both law and practice. Who are 'friends' of the U.S.A.? Answere: China, North Korea, Afghanistan, Iran, Iraq, Syria, Yemen, Egypt, Lybia, Sudan and 30 others. A total of 41 or 21% of 193 members of the U.N. Conversely who are the 'enemies' of the U.S.A.? those countries who have 'abolished' the death penalty: Answere: ALL of Europe, Scandinavia, Canada, Mexico, Australia, Most of South America, Southern Africa and others. A total of 95 or 49% of 193 members of the U.N. Just saying.
liberalthinkster
Now take your analysis a step farther, and look up the crime rate per capital in our "friendly" countries, versus our "enemy" countries. You will see that our "friendly" countries have low per capita crime rates. Gee, punishment DOES actually dissuade some from committing crimes, now doesn't it?
gano
Dont think Im missing the point at all. Both he and the other defendent are pleading to a lesser charge for time served, so its quite evident that they are guilty of at least burlary. It would have been stupid for the prosecution to charge with a lesser crime at the time with the so called evidence they had.
portsider
You cannot be a supporter of the death penalty and simultaneously acknowledge that the justice system, here and everywhere, is extremely, extremely, fallible. Those two positions are mutually exclusive. Or, logically, they should be. But I doubt that will stop our society from continuing to slake its insatiable thirst for vengeance. Guilty or maybe guilty or sorta guilty, fry 'im. Could this be any more insance?
liberalthinkster
To suggest that, logically, we can't support the death penalty, while simultaneously admitting there are flaws in the system, is absurd. Using your logic, if we can't support the death penalty, then why support any penalty, for anything, anywhere, anytime, ever?
Let's just have a lawless society, since we can't make the "perfect, flawless" justice system, and let all criminals roam free! Better yet, since no parents are perfect, let's outlaw parenthood and having babies while we're at it. That's so idealogical. Typical liberal.
Toe J Simpson
@ irishman6700,I dont believe Mason was the prosecutor 14 years ago, so its not on his head
Crazyheart
Leila, great story but there is another part to what Mr. Mason said: "He snookered us a little bit," Mason said. "We're working in the mud with defendants and witnesses all the time, and you make your best call on a person's credibility. But given all that has happened in this case, this was the right thing to do." AT THE TIME Mason evaluated Jason Smith's "credibility", Mr. Jason Smith's criminal history was as follows: 8/30/88 sentenced to 2 years probation for Receiving Stolen Property 8/30/88 sentenced (different case) 2 years probation for Aggravated assault 1/30/89 sentenced 1 1/2 - 5 years attempted receiving stolen property 4/27/89 sentenced 1 1/2 - 5 years for drug abuse with specifications 12/15/94 sentenced 1 year in prison for drug abuse 12/15/94 sentenced 1 year in prison for drug trafficking (different case) 2/10/95 sentenced 1 year drug abuse 3/3/98 prosecutor dismisses case of drug abuse for Smith having testified against Siller How in the world can Mason justify his decision at the time with "He snookered us." Please help us!!
liberalthinkster
Why are we so tolerant that we give home-invasion criminals 2nd chances by giving probation, or a couple of years in jail, etc?
Why aren't all people who break into another person's home put away for life? You think that sounds harsh? Why? Do you think it's appropriate to break into another person's home? Why the leniancy? I'm not saying we should kill 'em, but when a person breaks into another person's home, I see no reason whatsoever why that man/woman should ever be allowed to be a part of society again. Civilized people don't break into other people's homes and I, personally, prefer to live in a civilized society. If this were a muslim country, they'd probably stone the guy. I'm not a big fan of the radical Muslim regimes, but when it comes to crime and punishment, they got it right with respect their tendency to give absolutely no leniancy. That said, I don't believe in stonings and some of the other cruel and unusual punishments they dole out, etc. - I just would like us to keep losers like this off the streets forever. And guess what? If the sentence for breaking and entering was life in prison, the crimes of breaking and entering would drop dramatically
Saturday, March 26, 2011, 10:49:28 AM Reply
smackdown9d9
The more of these convictions that get overturned, the more its evident that Cuyahoga County's justice system is inept. I'd probably bet we lead the state in wrongful convictions.
portsider
Fourteen years for a burglary is extremely excessive. I doubt that the O.R.C. mandates anything near that many years for that crime. Siller, while no altar boy, was wronged. That aside, absent from the postings here is any discussion of the death penalty. While it wasn't a factor in this case, it might have been. Murder, while in the process of committing another felony, is, I believe, a death penalty specification. Those of you -- and your numbers are legion -- who favor the death penalty and its swift application might contemplate the horror of Siller or anyone else being executed, in our names, for something he didn't do. It's beyond time to abolish this barbaric practice.
I didn't know?
To give someone immunity in case of death down the road of someone's actions prior to a death is totally irresponsible to say the least. How could a prosecutors office that makes as many mistakes in investigations such as MASON's continue to exist in a so called society as we call our's. I know first hand of the lack of proper investigations by this office as I just recently observe this office charge a person with six counts of rape, kidnapping, and sexual imposition charges. People, these gharges were all false allegations made from a car
swap that went bad. So after the person lost his job from being in jail under a high bond, he also lost custody of his child, lost his vehicle to the bond company for collectoral, had to deal with constance court appearences, the prosecutors office finally seen through the lies and dismissed the charges, Not even a apology or nothing, just charges are dismissed. The people who filed these false charges need to be brought up on charges for filing a false police report and the investigative team should be held accountable for there inept and incompetent tactics. This type of business as usual is the root of the fungus that has tainted the justice system for many many years. With never ending funds to chase these frivolous charges to where citizen JOE does not have the funds needed to defend ones self against the mountain of corrupt persecutors trying to put a nother knoch in there wall of frame whether the charges are real or not.. Of course if a person is quilty of such a crime as I've stated they need to be punished for such said acts to the fullest extinct of the law. But when they are wrong, which sometimes they are, who's held accountable for those actions, the TAX payer if the person sues and recovers monies for the wrongful charges. The person's who created the infringement don't lose nothing as , well thats just it ... they are not held accountable for their actions, I feel they should be held for the wrong decision making just as they are praied for the correct decisions. The bus run's both ways in this city and these one way riders are not and should not be subject to special treatment for there wrong decision making and there inept investigations.....
Crazyheart
INSTINCT!!! THIS is the "pattern" of conduct that has made Mason's tenure such a failure and so tragic for so many victims, defendants and their families. Yes, they do get it right the majority of the time. That's easy in 90% of the cases. But, it is the cases where they follow their hunches and instincts that they often fail. This is just one of those few fortunate times when forensic tests discredit their instincts. God help those other victims, innocents and their families who are jailed because of the instincts of these flawed people.
obtuse
So the guy who probably killed her is paralyzed? Finally, JUSTICE has been served!
John_Combs_572
If this was your mother wouldn't you want all involved to rot in jail?
inallmyglory
Ms. Atassi, Thank you for this article. As I am a person who tends to look at the "patterns" of people's behavior, this action by Mason falls into a "pattern" I have noticed, previously. This "pattern" is all about timing, regarding Mason's behaviors.
I have observed our County Prosecutor, over and over and over, follow-up negative media coverage, especially by the PD, or by the television news investigation reports, with some random story about what he has done or is doing to "fight crime". The "timing" of the repeated factual reports which are follwed by Mason and/or Midday press releases to the media has been observable, repeated, and consistent in their "announcement" by Mason and/or Midday. Is there anyone on the investigative team that could research this pattern of behavior, which I know is documented in the archives of the PD and other media organizations? I don't know how long the pattern goes back, however, I have witnessed it numerous times, since Mason reacted to corruption in the county by closing his doors and designing the charter government, then stepping out into the public eye/ear and "toting" his actions, in such a manner, that it appears he is "countering" whatever damage is done in the media's reporting the truth. Thank you for reading this. I hope the investigative team can take the time to see the pattern I have seen in the past, and report to taxpayers on it.
LaniD
Because 3 weeks ago, when the DNA results came in (according to the story), the PD was not showering "negative media" on Mason, right? Very astute, Glory.
Saturday, March 26, 2011, 9:58:36 AM
LaniD
Sorry- I see that it was 5 weeks ago. Doesn't change my response.
GoneSouth
wolfsolent "I am not arguing that the defendants released were not guilty of a crime, but they were not guilty of murder." You may want to rethink that.I believe that in Ohio,as in many,even most states,everyone willingly involved in a crime that results in a death are guilty of murder.All of them. In fact,had these 3 broken into this house and Siller and Spellacy were shot to death by the owner Smith could very well have been charged with 2 counts of murder.
johnyyuma
wolfsolent
Polygraph testing, whether it be used to test for innocence or guilt, should be immediately stopped. Too much dependence is placed on them when investigating and bringing charges in criminal cases. In this case the tests resulted in a Type II error (false negative), not charging someone with murder who is guilty of murder which led to a Type I error (false positive), charging someone for murder who was innocent of the murder charges. I am not arguing that the defendants released were not guilty of a crime, but they were not guilty of murder. Imagine being convicted (or even accused) of a crime based on the polygraph results of another person - something completely out of your control, without any additional evidence. Or in this case also letting a guilty person go free of the charges. Imagine yourself taking a polygraph and failing it even though you know you are telling the truth - it can happen - polygraph testing has been proven time and time again to be unreliable and this is just another example. Yet the judicial system continues to use it letting guilty people go free and putting innocent people in jail.
robbie47
keoracer
All this does not negate the fact that this man did break into this lady's home and more than likely played a role in the death of this woman. He deserved to be in prison for those 14 years, and probably should still be in there. I have ZERO sympathy for criminals!
johnyyuma
"ZERO sympathy for criminals" --- Reeeealy? Did you ever get a trafic ticket? parking ticket? Does that make you a criminal? If not? Do you consider yourself 'perfect'? Remember what we did to the last guy who was 'perfect'? Answere; we 'crusified' Him. Peace brother.
gano
Irishman, you are wrong. He committed a crime and was at least guilty of the burglary issues. Im sure if a family member of yours was killed during a crime you would want the ones not directly responsible for the death set free? He still deserves more time.
Gano, I'm NOT a lawyer but, I think your missing the point. He was tried and convicted for MURDER, not burglary. That's like getting stoped for going 5-miles over the speed limit and getting ticketed for 'reckless endangerment'. BIG difference in fines. 5-miles over = @ worst court costs. Reckless endangerment = jail time. What IF it was you. All I'm saying is: Walk a mile-in-his-shoes. Peace Brother.
irishman6700
Another bang up job by mason and company. But what the hell, he only lost 14 years of his life.
The Snitch
Say what you will, but this guy just seems like poison. Let's see how long he remains on the outside.
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO
THOMAS SILLER and WALTER ZIMMER, c/o Friedman & Gilbert 1370 Ontario Street, Suite 600, Cleveland, OH 44113
Plaintiffs,
v. JOSEPH SEROWIK 18016 E. Park Dr. Cleveland, OH 44119
and
THE CITY OF CLEVELAND, 601 Lakeside Ave. Cleveland, OH 44114
Defendants.
INTRODUCTION
1. This civil action seeks money damages for the extraordinary injuries and losses
suffered by Plaintiffs Thomas Siller and Walter Zimmer, who were wrongfully convicted and
each forced to spend 13 years in prison for a brutal murder—the bloody beating of an elderly
woman Siller and Zimmer worked for—that they did not commit. Forensic blood and DNA
testing ultimately showed that the crime was actually committed by known felon Jason Smith,
who committed perjury when he claimed that Siller and Zimmer committed the crime. The jury
Case: 1:13-cv-00594-JG Doc #: 1 Filed: 03/19/13 1 of 34. PageID #: 1
believed Smith’s story because Joseph Serowik, a forensic serologist with the Cleveland Police
Department, fabricated evidence that none of the victim’s blood was on the front of Smith’s
pants. That evidence was false—Zolkowski’s blood was spattered on the front of them.
Serowik’s fabrications were consistent with his fabrications and misconduct in other cases while
employed with the City of Cleveland—including his notorious false scientific evidence that sent
a man named Michael Green to prison for 13 years for a rape he did not commit. DNA evidence
exonerated Green, and he filed a federal lawsuit to recover for the egregious violations of his
civil rights at the hands of Serowik and the City of Cleveland. Siller and Zimmer now also bring
this suit for the violations of their rights and their 13 years of wrongful imprisonment.
JURISDICTION
2. This action arises under the laws of the United States, and jurisdiction is conferred
on this Court under 28 U.S.C. § 1331 (federal question) and 28 U.S.C. § 1343 (civil rights).
Supplemental jurisdiction of the Court over the claims arising under state law is invoked under
28 U.S.C. § 1367 (supplemental jurisdiction).
VENUE
3. Venue in the Northern District of Ohio is proper under 28 U.S.C. § 1391(b),
because it is the district in which the defendants reside or resided, and because a substantial part
of the events or omissions giving rise to the claims occurred within the Northern District of
Ohio.
2
JURY DEMAND
4. Plaintiffs request a jury trial on the issues and claims set forth in this Complaint.
THE PARTIES
5. Plaintiffs Thomas Siller and Walter Zimmer are adults residing in Cuyahoga
County, within the Northern District of Ohio.
6. Defendant Joseph Serowik was, at times pertinent to this Complaint, a scientific
examiner in the forensic laboratory of the Police Department for the City of Cleveland, which is
located within the Northern District of Ohio. Defendant Serowik is being sued in his individual
capacity.
7. Defendant City of Cleveland is a municipality in the state of Ohio, and is subject
to governmental liability in connection with claims asserted in this Complaint and is located
within the Northern District of Ohio.
FACTS
Siller and Zimmer work for Zolkowski and visit her often. Jason Smith has no relationship with her.
8. In the fall of 1996, Siller and Zimmer worked as handymen for Alice Lucy
Zolkowski, an elderly woman who lived in the same Cleveland neighborhood as they did. Siller
and Zimmer did various jobs at Zolkowski’s home, and Zolkowski paid them for the work. She
also loaned them money on a number of occasions. They frequently visited her, and she kept
detailed tally sheets of the amounts she loaned them.
3
9. Zolkowski’s next-door neighbor stated that Siller always seemed to be helping
Zolkowski and never exhibited any type of attitude toward her. The neighbor further stated that
Siller and Zimmer were among the few people Zolkowski trusted to let into her home, and they
sometimes visited late at night.
10. By June 1997, Zolkowski’s tally sheets showed that Siller owed her $12,155 and
Zimmer owed her $7,640. Zimmer had also recently brought a glass block window into the
home for repairs.
11. Siller and Zimmer had no record of violent criminal history.
12. Jason Smith was a violent felon living in Cleveland in 1997, not far from the same
neighborhood where Zolkowski lived. He had previously been convicted of aggravated assault,
drug trafficking, possession of criminal tools, receiving stolen property, and motor-vehicle theft.
He had no relationship with Zolkowski.
The crime and investigation
13. Late on the night of June 3 or in the early morning hours of June 4, 1997,
someone kicked in the back door to Zolkowski’s home and broke in. The violence she would
soon be subjected to was horrific.
14. Police, responding to a 911 call around 4 a.m., arrived at Zolkowski’s home and
found her unconscious, tied to a chair in her living room with bindings made of cloth cut from
her nightgown. She had been severely beaten, and a large amount of blood surrounded the chair
she was tied to. She never regained consciousness, and therefore never implicated anyone in the
crime.
4
15. The City of Cleveland’s Scientific Investigation Unit recovered fingerprints from
Zolkowski’s home. Not surprisingly, Zimmer’s fingerprints were on the glass block window that
he had recently handled, and Siller’s fingerprints were on an ashtray on a cocktail table. Even
the prosecutor would later explain that these fingerprints were of little consequence because
everyone knew that Siller and Zimmer were frequently at the home. But Smith’s fingerprints
were also found inside—on a dresser drawer in the bedroom. Because Smith had no known
relationship with Zolkowski, he became the primary suspect.
16. The day of the incident, Detective Kathleen Carlin talked to people in the
neighborhood and learned that Siller and Zimmer were contractors who frequently were at
Zolkowski’s home. Detective Carlin left word in the neighborhood that she wanted to speak
with them. The very next day (June 5), Siller called Detective Carlin and arranged to speak with
her on June 6.
17. Siller arrived at Detective Carlin’s office and spoke with her for approximately an
hour and a half. Siller did not request a lawyer. Detective Carlin condensed the conversation
into a two-page statement that Siller signed. Siller explained that he had worked for Zolkowski
since fall of 1996. He had last seen her on the afternoon of June 3 after he had taken her to the
bank and then dropped her off at her home around 4:00 pm. Later, in the early morning hours of
June 4, he started receiving pages from Rosie Crowder, so he went to Crowder’s home. Zimmer
was there and told Siller that he had discovered Zolkowski beaten up in her home. Siller yelled
at Zimmer for not calling police, but Zimmer explained that he had a warrant out for his arrest
(for driving with a suspended license). Siller took Zimmer home and then called 911 from a
payphone. In his statement to Detective Carlin, Siller also explained that Zolkowski had loaned
5
him approximately $12,000 over the course of time that they knew each other, and he had
borrowed $200 from her on June 3.
18. The same day that Siller spoke with Detective Carlin (June 6), Zimmer and
Crowder also voluntarily came in to speak with her. Neither of them requested a lawyer either.
19. Crowder explained that Zimmer arrived at her home around 2 or 2:30 a.m. on
June 4 and told her that he had just been at Zolkowski’s and saw her beaten up. Crowder paged
Siller, who arrived approximately 15 minutes later. She said Siller and Zimmer then left to call
911. Siller then returned to Crowder’s home, stayed the night, and left for work in the morning.
20. After speaking with Crowder, Detective Carlin then spoke with Zimmer for about
an hour, and he signed a two-page statement. He explained that he was on his way to Crowder’s
home early on the morning of June 4 and saw Zolkowski’s lights on as he walked past her home.
He knocked on the door, got no answer, and went around to the back door where the screen door
was open and he could see inside. He saw cabinets open and items strewn all over the floor.
When he walked in, he discovered Zolkowski in the chair, bloodied and beaten, and unconscious.
He immediately went to Crowder’s home to tell her what happened and to page Siller. Zimmer
stated that this occurred around 2:15 a.m. or 2:45 a.m. Siller took Zimmer home and went to call
911. Zimmer further stated to Detective Carlin that Zolkowski had loaned him approximately
$5,000 over the last eight months.
21. On June 13, Siller voluntarily gave another statement to Detective Carlin. Siller
stated that he had been at a bar called Chaulkie’s with Zimmer on the evening of June 3, and he
stated that he remembered he had borrowed $240 from Zolkowski that day, not $200.
6
22. On June 14, police looked for Jason Smith to arrest him. His girlfriend, Jenean
Harper, told police that Smith was not at her home, but they found him there hiding in a closet.
Smith was arrested and charged with the attack on Zolkowski, and Harper was charged with
obstruction of justice for trying to hide Smith from police. Police also confiscated Smith’s
bloodstained beige pants from Harper’s house the next day.
23. On June 16, Smith gave a statement to Detective Carlin. He denied any
involvement in the crime. He stated that he had previously seen Siller and Zimmer working on a
sidewalk outside of Zolkowski’s home, but Smith stated that he had never met Zolkowski.
Detective Carlin asked Smith to provide a blood sample, but he refused. She later obtained a
court order and obtained Smith’s blood sample against his will.
24. Also around June 15–16, Smith had begun talking with the other inmates in jail,
including a man named Ed Farrell. According to Farrell, Smith was boasting that he had
committed the crime against Zolkowski (breaking into a home and beating up an old lady) but
that he would not be convicted because he had people in Kentucky that were going to “alibi him”
to show that he could not have been at the house that night. Farrell also noted that Smith stated
that he was not worried about a co-defendant “snitching” on him because nobody else was there
when he committed the crime. Farrell reached out to Detective Carlin on June 16 to inform her
that Smith had confessed to the savage beating—and that Smith stated that he acted alone.
25. Smith learned from a phone call with Harper that police had indeed recovered his
clothing from her home. He knew there was blood on his pants. He asked to speak to Detective
Carlin again. At this point, Detective Carlin knew about Smith’s confession to Farrell.
26. On June 17, Smith spoke with Detective Carlin for the second time. He again
denied involvement in the crime and claimed as an alibi that he was in Kentucky on the night of 7
the crime. Smith also added that he had been working at a restaurant and cut his right leg, which
caused some blood to get onto his pants.
27. Around this time, Smith’s beige pants were submitted to the City of Cleveland’s
laboratory, to serologist Joseph Serowik. Serowik’s observation sheets noted not only that the
pants had suspected stains inside the right knee area, but also included the following observation:
“small stains on front legs – spatter patterns”
28. Serowik assured the prosecutor that these spatter stains were not blood.
29. Smith maintained his innocence for months, but changed his mind once he
learned that Harper had agreed to testify against him as part of her own plea agreement. At that
point, Smith entered a plea deal on March 4, 1998, and admitted he was at Zolkowski’s home
that night. The Ohio court of appeals would later describe the plea deal as “breathtakingly
favorable” to Smith. All he had to do was testify that he was present at her home but that the
attack on Zolkowski was actually committed by Siller and Zimmer. In return, the State would
drop the following four of the five charges against Smith for the crime: (1) attempted aggravated
murder; (2) aggravated robbery; (3) kidnapping; and (4) felonious assault. Only the fifth charge,
aggravated burglary, would remain—and he would receive an agreed-to minimum sentence of
just three years. Moreover, Smith was given immunity from prosecution for aggravated murder
if Zolkowski ultimately died from her injuries. Finally, two other pending drug cases against
Smith were dismissed outright.
30. Smith gave a statement implicating Siller and Zimmer the same day that he
entered his plea deal. Because Serowik had not told the prosecutors that there was blood on the
8
front of Smith’s pants, they did not know that Smith’s story was a lie and that he was the one
who attacked and killed Zolkowski.
31. Smith’s statement, confirmed in the prosecutor’s mind by Serowik’s forensic
work, led to the indictment, arrest, and trial of Siller and Zimmer.
32. Smith, now guaranteed just three years in jail with all other charges (and two
other cases) dropped entirely, was now set to testify at trial that Siller and Zimmer were the ones
who committed the beating. And Serowik was set to present the results of his forensic work
(including his analysis of Smith’s pants), which supported Smith’s story that he was not involved
in the attack.
Trial for attempted murder (Siller I)
33. Siller and Zimmer were tried together in 1998, and they maintained their
innocence: Their defense was that they were not there, and Smith committed the crime alone,
just as he confessed to Farrell.
34. Smith claimed in his testimony that Siller and Zimmer went with him to
Zolkowski’s home that night. Smith said he waited in a car while Siller and Zimmer went to the
back door. (Smith claimed this to be true even though Siller and Zimmer knew Zolkowski well,
frequently visited her, and used the front door.) Smith said he later came inside and saw Zimmer
standing over Zolkowski yelling, but Smith said he never actually saw Zimmer strike her; Smith
further claimed that he never even entered the room where Zolkowski was beaten. Smith made
sure to add testimony that, on the way out, he “noticed that the wood on the door was messed up
and broken.” (Trial I at 351.)
9
35. The prosecutor had conceded in his opening that Smith was “incredible,” but
suggested that in light of other facts and circumstances, “all of a sudden, [he does] become
believable.” (Id. at 27–28.) The prosecutor emphasized that the scientific evidence regarding
Smith’s pants would show that to be the case.
36. Serowik testified on behalf of the prosecution that he examined and tested Smith’s
pants for blood. Serowik explained his conclusions that Smith’s pants indicated that they had no
blood spots or spatters matching Zolkowski’s blood. There were a number of darker stains on
the pants, but Serowik reported that they were of “questionable color” to be considered blood
and that he may not have tested those at all. (Id. at 459.) Serowik also confirmed that if he were
provided a piece of clothing that had many stains that he suspected may be blood, say even 30 or
40 stains, he would test them all. (Id. at 460.) In sum, Serowik explained that he had tested the
pants for any suspected blood, and there were no matches to Zolkwoski’s blood on Smith’s
pants. This perfectly supported Smith’s story that he was never even close to the bloody beating.
37. The prosecutor remarked at trial that, though Smith’s fingerprints were found on a
bedroom dresser, “the lack of blood on his clothing” showed that he “wasn’t the one who beat
this woman.” (Id. at 28.) In closing, the prosecutor emphasized to the jury that “[w]hoever did
this vicious beating probably got some blood spattered on the clothes,” and that Zolkowski’s
blood was “not found on any clothing” belonging to Smith. (Id. at 728–29.) Finally, the
prosecutor reminded the jury that Serowik is a forensic examiner who did “the official testing of
the blood” in this case, and “there is no blood spatter on any of [Smith’s] clothing.” (Id. at 736–
37.)
38. In light of Serowik’s scientific evidence, both Siller and Zimmer were convicted.
Siller was sentenced to 20 years in prison. Zimmer was sentenced to 40 years.
10
Trial for murder (after Zolkowski’s death) (Siller II)
39. Zolkowski ultimately died from her injuries on April 26, 1999. Siller and Zimmer
were then indicted for murder. This time, they were scheduled to be tried separately, with Siller
scheduled first. Jason Smith was immune from any prosecution because of his plea deal, and he
again would be the prosecution’s star “eyewitness.”
40. This trial was similar to the first, but some other “jailhouse witnesses” were added
to the mix for both sides. For example, one jailhouse witness testified that he overheard Siller
deny any involvement in the crime when talking with another inmate, yet that inmate testified
(presumably to benefit himself) that Siller confessed to him. That inmate’s testimony also did
not fit the physical evidence or even Smith’s version of the events.
41. Smith, of course, stuck to his story about being far away while the attack on
Zolkowski occurred. But his testimony also contradicted his previous testimony on critical facts.
For example, in this trial he stated that he actually saw Zimmer strike Zolkowski in the face. In
the first trial, Smith stated he did not see Zimmer strike her.
42. This trial also revealed that Smith was something of a professional when it came
to cutting deals for himself in exchange for testimony against others. Siller and Zimmer learned
that he had done the same thing in three other cases where he was charged with criminal conduct.
Two inmates also testified that Smith had boasted to them that he had previously beat a murder
charge by falsely implicating others.
43. Serowik again explained that his analyses supported Smith’s story, describing to
the jury that Serowik had “look[ed] for the presence of blood” on Smith’s clothing, done testing,
and none of Zolkowski’s blood was found. (Trial II at 2081.) This would have been exactly
what Serowik told the prosecutor before any indictment or trial. Siller’s counsel questioned 11
Serowik about the lack of reported results regarding the left pant leg, and Serowik explained that
“the tests were negative and we did not report them.” (Id. at 2098.) Serowik emphasized that
the stains did not go untested, because “every stain” that appears to be blood is tested. (Id. at
2103.) Counsel again asked about a particular stain on the back of the left pant leg that was not
reported. Serowik responded: “Sir, again, it was negative for blood.” (Id. at 2104.) Serowik
further emphasized that his team would test “any stain that even remotely looks like it could have
a bodily fluid . . . .” (Id. at 2018.) Siller’s counsel then confronted Serowik with his previous
testimony where he had stated that he may not have tested all the stains.
44. The judge stopped the trial, and Smith’s pants were resubmitted for further
testing.
45. Six days later, Serowik returned to the stand. He explained that he re-tested the
stain on the back of the left leg—it matched the blood of Zolkowski. On cross, Serowik further
stated that the stain had actually tested positive for blood when it was originally examined. He
also admitted that there was no paperwork documenting that conclusion. He claimed it was an
“oversight.”
46. In light of the revelation that the single stain on the back of Smith’s pant leg was
indeed Zolkowski’s blood, the State considered dismissing the case against Siller and vacating
Smith’s immunity agreement so that the State could instead prosecute Smith for the murder.
47. But Serowik had also explained to the prosecutor that there were no other stains
on Smith’s pants that appeared to be blood and that he had tested further to confirm that.
Serowik had told the prosecutor that there were no other bloodstains on Smith’s pants, and the
prosecutor had him relay this point in his testimony to the jury:
12
Q. Did you find any other stain on those pants that was blood?
A. No, we did not. (Trial II at 2715).
48. Thus, the State ultimately decided to characterize this blood-evidence issue as a
simple error and to proceed against Siller instead of Smith. The State’s strategy was to argue
that there was only this single spot of Zolkowski’s blood on Smith’s pants, and it was on the
back of the pants. Smith suggested in his testimony that it could have gotten there by brushing
against Siller. And, more fundamentally, the prosecutor knew that if Smith had beaten her, there
would almost surely be blood on the front of his pants—and Serowik had already assured him
that there were no other bloodstains. The prosecutor made this precise point to the jury, in
reliance on Serowik and the City of Cleveland’s scientific laboratory: “If [Smith] had been the
one to beat Lucy Zolkowski, I would submit to you that there would be more blood and it would
be on the front of his pants.” (Id. at 3535.)
49. The jury apparently agreed, and Siller was convicted of aggravated murder with
felony-murder specifications. He was sentenced to 30 years to life in prison on July 30, 2001,
concurrent to his conviction from the first trial.
50. Because the evidence against Siller (such as Serowik’s results that there was no
blood on the front of Smith’s pants) would be used against Zimmer at his trial, Zimmer decided
to plead guilty (to involuntary manslaughter during an aggravated burglary). He was sentenced
to 10 years in prison, consecutive to his previous 40-year sentence.
Serowik fabricates scientific evidence against Michael Green for rape
51. A few months after Siller’s conviction, a man name Michael Green was
exonerated after Serowik’s forensic work linking him to a rape was discovered to be fabricated.
13
The rapist in Green’s case had wiped his penis with a washcloth, and Serowik reported that fluid
on the washcloth was a type “B” that matched 16% of the population, including Green. Serowik
further reported that a hair on the washcloth matched Green’s hair, and that the possibility of two
people having such a match was about one in 40,000. Serowik gave this information to the
prosecutor, and Green was convicted. After Green had spent 13 years in prison, a DNA test
definitively excluded Green, proving he was not the rapist. Green was officially exonerated and
released within days. The DNA matched another man, the actual rapist, who has since confessed
and been convicted.
52. Green filed a federal lawsuit in which it was revealed that Serowik’s work and
conclusions were fabricated—Serowik had actually excluded Green as the rapist. That exclusion
was based on a proper pubic-hair comparison, but Serowik then claimed that Green’s head hair
matched the pubic hair on the washcloth. Comparing different hairs in this way violates the
most-elementary tenets of hair analysis, and Serowik knew that. Further, Serowik knew that the
victim was also a type “B” secretor and that therefore there was no conclusion to be drawn about
the rapist’s blood type. The evidence Serowik created against Green was entirely fabricated.
53. Expert forensic witnesses in the Green case concluded that Serowik’s misconduct
was not isolated to that case; rather, it was a systematic pattern in many cases. Max Houck, a
former hair examiner for the FBI and one of the foremost hair experts in the country, reviewed a
number of cases involving Serowik’s work. Houck concluded as follows:
Serowik acted contrary to his admitted understanding of established and accepted tenets in the science of forensic hair comparisons without adequate explanation or extenuating circumstances, thereby suggesting professional misconduct. This is true not only the case at hand but in all the cases I have reviewed of Serowik’s. These indicate a systematic problem with his forensic hair casework as he knowingly went beyond
14
the bounds of generally accepted science of hair examination as was practiced in 1987 and today [2004].
See Brief in Opposition to Motion for Summary Judgment filed by Michael Green at 15 (April
12, 2004), Green v. City of Cleveland, No. 03-0906 (N.D. Ohio) (citing Houck expert
conclusions and Serowik’s deposition) (emphasis added).
54. Houck further concluded that this misconduct revealed failures by Serowik’s
supervisor as well: “That his reports are not supported by his notes (which are inadequate to
being with) suggests an egregious error on his and his supervisor’s part (failing both a technical
and administrative review), a knowing and deliberate falsification of his report, or pressure from
some other source to do so.” Id.
55. Another expert, Dr. Edward T. Blake, reviewed Serowik’s analysis of the blood-
type evidence in the Green case. Dr. Blake concluded that Serowik “intentionally fabricated
false evidence against Green, testified at Mr. Green’s trial with reckless disregard for the truth,
and committed scientific fraud . . . .” Id. at 23 (citing Dr. Blake expert report) (emphasis added).
56. Dr. Blake also reviewed various reports from Serowik’s other cases, and Dr.
Blake concluded that Serowik’s misconduct was not isolated:
Based on these reports and Mr. Serowik’s testimony, it is clear that Mr. Serowik’s misconduct in the Green case was not isolated. As a matter of practice, Mr. Serowik committed scientific fraud by reporting that he was able to isolate the genetic marker traits in semen when he knew these traits might all have been attributable to the victim.
Id. at 24.
57. Discovery in the Green case further revealed systemic problems in the City of
Cleveland’s crime lab. At the time of Serowik’s work in these cases (and in Siller’s and
15
Zimmer’s cases), Victor Kovacic was the superintendent of the crime lab. He had complete
discretion over the day-to-day work of the forensic examiners and the protocols of the lab. There
was no other person or agency providing any substantive oversight to Kovacic concerning the
operation of the lab. See generally, id. at 25 (citing Kovacic deposition).
58. Kovacic was the only person with any formal supervisory responsibility over
Serowik. But Kovacic had absolutely no training or experience in serology or microscopic hair-
comparison analysis. Thus, by his own admission, he was utterly incapable of providing any
substantive oversight concerning serology or hair analysis. And when Serowik was hired fresh
out of school, he had no prior work experience in serology or hair comparison.
59. The City of Cleveland knew or should have known that Serowik had extremely
limited expertise, yet he received no meaningful training or supervision.
60. The only semblance of supervision in the lab was an informal, unsupervised peer-
review process conducted by those with no prior serology experience. When the City of
Cleveland hired Serowik, his peer reviewer was Rynette Reed. Reed had just arrived at the lab
the year before, apparently with no prior serology experience. She was also hired at a time when
no other serologists were working in the lab, so she had never had a peer review herself.
Serowik even stated that he likely shared with Reed his faulty assumption in the Green case that
he was testing a neat stain of the rapist’s fluids (not one mixed with the victim’s), and she still
signed off on his report—contrary to any acceptable scientific practices.
61. Dr. Blake explained that the City of Cleveland’s supervision structure was grossly
deficient:
In 1988 as today, it was a gross deviation from accepted practice in the scientific community to have an inexperienced
16
serologist supervised by a police administrator with no experience, training, or education in serology or any other science.
Id. at 27.
62. Dr. Blake further stated that “had a qualified supervisor reviewed any of Mr.
Serowik’s serology work including his testimony, his misconduct would have been readily
apparent.” Id.
63. And even though Kovacic admitted that he was completely unqualified to conduct
or supervise microscopic hair comparison, Kovacic signed off on the hair reports in the Green
case. In this way, expert Houck explained, “the City of Cleveland went beyond the boundaries
of forensic science as it was practiced in 1987.” Id. at 28. “Additionally,” Houck stated,
“Serowik’s case notes, reports, and testimony reflect a laxity in the protocols, methods,
documentation, training, and general supervision of hair casework in the laboratory.” Id.
64. Despite the overwhelming blatant evidence of forensic misconduct in the Green
case and in other cases up to that point in time, there had been no internal investigation of the
laboratory or of Serowik. Expert Houck explained that this “runs counter to every known
published guideline or protocol of forensic laboratory operation that I am aware of . . . .” Id.
The independent audit of Serowik’s cases (including Siller’s and Zimmer’s) reveals further systematic misconduct.
65. In June 2004, as part of a civil settlement with Green, the City of Cleveland
agreed to pay Green $1.3 million and to audit the police department’s laboratory files for any
similar problems during the time Serowik was employed. He had finally been fired in light of
the revelations in the Green case. The audit was conducted by forensic expert Robert P.
Spaulding in 2005, who submitted his analyses to Special Master James R. Wooley.
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66. This independent audit uncovered deficient documentation of the laboratory
results in Siller’s and Zimmer’s case. Among numerous problems with Serowik’s
documentation, Spaulding stated that Serowik’s original observation sheet noted possible blood
spatter on the front of Smith’s pants. Spaulding noted that this (obviously) could relate to Jason
Smith’s role in the crime. Spaulding also noted that Serowik’s shoddy and contradictory records
could mean that the tests he testified that he performed were never done, meaning that Serowik
had lied about them.
The Innocence Project arranges for testing of Smith’s pants.
67. In October 2004, Siller made a pro se request to the trial court for DNA testing in
his case. The State opposed the request, and the court denied the request without an opinion.
68. Counsel, including the Innocence Project, later renewed the request for DNA
testing. This time, the court granted the request, and the Innocence Project arranged for testing
of Smith’s pants.
69. On December 26, 2006, the test results came back: There were 20 blood spatters
on the front of Smith’s pants, exactly as Serowik’s initial observation notes had suggested.
Because of financial constraints, nine of these spatters were tested for DNA—two were Smith’s
own blood, and seven matched the blood of the victim: Alice Zolkowski.
70. The blue dot in the image below shows the location of the single spot of
Zolkowski’s blood that Serowik stated was on the back of Smith’s pants. The red dots show the
actual locations of her blood that was determined to be on the front and back of his pants:
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Siller’s convictions are overturned
71. With this evidence, Siller then moved for a new trial in both of his cases (referred
to Siller I (attempted murder, before Zolkowski’s death) and Siller II (murder, after her death)).
The new-trial motion in Siller II went to a successor judge who had not handled the trials. That
judge denied the motion, noting that this DNA evidence was “merely cumulative” and was not
likely to alter the outcome. The new-trial motion in Siller I remained pending when an appeal
was filed in Siller II.
72. The Ohio Court of Appeals for the Eighth District reversed, overturning Siller’s
convictions in Siller II (the court also noted that the new-trial motion in Siller I remained
pending). State v. Siller, No. 90865, (Ohio Ct. App. June 18, 2009). The court concluded that
there is a strong possibility that if this DNA evidence were presented to a jury, “there would be a
different result.” Id. at 19. The court noted that “there is no independent evidence whatsoever
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(except, again, the testimony of Smith), that the three [Siller, Zimmer, and Smith], were ever in
each other’s company at any time, let alone the night in question.” Id. at 23.
73. The court emphasized that the new evidence included “a pattern of misfeasance,
malfeasance, and false testimony by Serowik in the Green case . . . .” Id. at 15.
74. The court further stated that Serowik’s failures amounted to a violation of the Due
Process Clause of the Fourteenth Amendment as explained by the Supreme Court of the United
States in California v. Trombetta, 467 U.S. 479 (1984), and United States v. Valenzuela-Bernal,
458 U.S. 858, 867 (1982) (referring to “constitutionally guaranteed access to evidence”). The
court ordered that Siller was entitled to be retried.
Further DNA testing of Zolkowski’s ripped nightgown excludes Siller and Zimmer.
75. In 2011, the pieces of Zolkowski’s nightgown that had been used to tie her to the
chair were also examined for DNA evidence, and male DNA was found. The examination
excluded Siller and Zimmer as the source of that DNA. The report stated that Jason Smith could
not be excluded.
Based on a stipulation entered into with the State, Siller and Zimmer are released.
76. While waiting for their new trial, Siller and Zimmer remained incarcerated in
county jail with a $250,000 bond neither could satisfy. It had been 13 years for each of them
since they had been free. The State offered to dismiss all of the original charges against them
(from both Siller I and Siller II) and let them be immediately released if they would plead guilty
to an offense that they were never charged with in either trial: aggravated theft of $300,000 or
more, under Ohio Rev. Code § 2913.02. The State stipulated that they were never charged with
this crime at the first two trials, and the State further stipulated that there was no evidence that 20
any cash or anything of value was taken from Zolkowski on the night she was beaten. The
aggravated-theft amount ($300,000) also had no correlation to any amounts she had loaned Siller
and Zimmer over time (approximately $12,000 to Siller and $7,000 to Zimmer).
77. With the understanding that this whole ordeal could be resolved by pleading to a
charge having no correlation to the actual crimes against Zolkowski, both Siller and Zimmer pled
guilty to the aggravated theft, and each was sentenced to 12 years in prison—one year less than
they each had already served. Siller entered his plea on March 24, 2011. Zimmer entered his
plea on April 1, 2011. Credited with time served, they were finally free after 13 years.
78. Jason Smith—whose testimony became believable because of Serowik’s forensic
reports—pleaded guilty to perjury for lying under oath about what really happened to Zolkowski.
The Spaulding audit showed systematic misconduct by both Serowik and the City of Cleveland
79. Spaulding’s audit revealed widespread misconduct on both the part of Serowik
and the City of Cleveland Police Department. The audit of each case reviewed typically
involved a 5–8 page report by Spaulding. What follows is a sample of the cases Spaulding
reviewed, along with brief excerpts of Spaulding’s conclusion for each. This shows that
Serowik’s misconduct in Green’s case and in the present case was not isolated—it was a
systemic pattern. This further shows that the City of Cleveland itself has responsibility for the
egregious misconduct. Emphases have been added (in italics) to indicate particularly egregious
deficiencies and to indicate where Spaulding noted that the police department itself (i.e., the City
of Cleveland) shared blame.
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“Errors in testimony due either to a lack of knowledge/understanding or in the opposite extreme, intentional misrepresentations are discussed above[.]”
“While the training records of Mr. Serowik have not been part of this audit, the material reviewed, particularly in this case, raises the question of his extent of training and understanding regarding the subjects with which he was dealing. There is also a question as to the amount and nature of training required by the Police Department (if required) and on what basis (annual, biannual, etc.) this training was to be taken.”
81. State of Ohio v. Andrew Ferguson
“The practice of incomplete documentation does not follow proper scientific procedure and is one the responsibility for which falls on both the Department and the individual.”
“[T]he absence of original data to support these analyses” such as those regarding blood and saliva samples raises the possibility of the analyses “having been fabricated.”
82. State of Ohio v. James Berry
“The methods and requirements for recording analytical data and results were inadequate, both administratively and scientifically. The complete lack of original data

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