"One
the state's top forensic experts responsible for blood testing in
several DWI cases is under scrutiny for mixing up lab tests. He’s also
accused of making conflicting statements under oath.
The swirling
allegations of possible perjury stem from a current DWI case in Collin
County. A hearing this week could affect many other DWI cases in seven
counties since 2013. DWI
Attorney Deandra Grant says last week’s hearing in Collin County was
jaw dropping. A judge was so concerned about a state expert witness
perjuring himself, the judge advised him to stop testifying. Christopher
Youngkin is one of the leading forensic analysts for the Department of
Public Safety. Court documents show he mixed up two blood alcohol tests
on suspected DWI cases in 2013. Grant says Youngkin has testified multiple times about that incident and given conflicting accounts. ........Defense
Attorney George Milner says his client, who did not want to be shown on
camera, was recently acquitted in a DWI case where Youngkin admitted
his 2013 error. "The jury told me after the trial, they didn't believe anything he said,” Milner said. Grant and Milner question the validity of his blood tests and his testimony in other cases."
http://www.fox4news.com/news/212098707-story
See also: Dallas News story at the link below: "Thousands of North Texas DWI convictions could be at risk
after the testimony of a state forensic scientist whose work is key to
such cases recently came under scrutiny. One defense attorney has
described the issue as a "big mess," and the continuation of a hearing
next week could clarify the lab expert's testimony and determine whether
he faces any repercussions. In the cross hairs is Christopher
Youngkin, who does blood alcohol testing for the Texas Department of
Public Safety's crime lab in Garland and testifies about his findings in
court. On Wednesday, he took the stand on a misdemeanor driving while
intoxicated case in Collin County and ended up invoking his
Fifth Amendment right not to testify. At issue is whether Youngkin
may have given conflicting testimony under oath about a 2013 lab error
in which he mixed up the results of two blood samples submitted by Anna
police. A report Youngkin sent to police there showed a woman who had
not been drinking had a blood alcohol level of nearly twice the legal
limit. The error was discovered within days, the samples were
retested and no one was harmed. The mix-up was deemed an isolated
incident, according to a DPS report completed by Youngkin. But
how that error has been handled since 2013 has caught the attention of
local defense attorneys. They are looking into not only whether Youngkin
may have given conflicting testimony about the mistake but also whether
they should have been made aware of the 2013 lab error sooner."
//www.dallasnews.com/news/crime/2016/10/14/thousands-dwi-cases-potentially-risk-credibility-dps-lab-expert-questioned
See Grits for Breakfast story at the link below: "Thousands of DWI convictions in North Texas could be jeopardized after
the testimony of a state forensic scientist recently came under scrutiny."
Get used to these sort of headlines.
In the coming years, many forensics historically admitted into evidence
by courts will either be invalidated or, even where the science is
valid, performed by incompetent analysts using unjustifiable methods.
The temptation to treat them each as isolated incidents should be
ignored. In many cases, folks are looking skeptically at long-used
forensics for the first time to assess their validity, and more often
than not, what they discover isn't up to snuff."
http://gritsforbreakfast.blogspot.ca/2016/10/forensic-snafus-depressed-das-and.html
See CSIDDS (Forensics in Focus) post - 'A real bad day...Judge tells Texas state forensic examiner to stop testifying in DWI case' - at the link below; "
https://csidds.com/2016/10/18/a-real-bad-day-judge-tells-texas-state-forensic-examiner-to-stop-testifying-in-dwi-case/