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"Reformers have for years recommended that all forensic labs be independent from law enforcement and prosecutorial agencies' and this is a key reform promoted by The Justice Project (2008). But fixing these problems is only half the answer' because half of the wrongful convictions attributed to misleading forensic evidence involved deliberate forensic fraud' evidence tampering' and/or perjury.
From "The Elephant in the Crime Lab," by co-authored by Sheila Berry and Larry Ytuarte; Forensic Examiner; Spring, 2009;
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PASSAGE OF THE DAY: "Officials at the Attorney General's Office maintained that while the temperature check Dennis was accused of skipping was required under Supreme Court rules for the use of breath-testing devices, it wasn't scientifically necessary. Judge Lisa's report, however, found that the state had "failed to clearly and convincingly prove" that the skipped step didn't undermine the test results. That could call into question the 20,667 cases involving breath-testing machines Dennis handled."
STORY: "20K DWI cases could be tossed after judge finds 'substantial doubts' in State Police lab scandal" by reporter S.P. Sullivan, published by NJ.com on May 4, 2018.
GIST: "A judge's review of a State Police lab scandal affecting more than 20,000 drunken driving cases found "substantial doubts" about the reliability of DWI (Driving While Intoxicated) test results across five New Jersey counties. In a 200-page report released by the state judiciary Friday evening, Judge Joseph Lisa wrote that the likelihood that the alleged misconduct of a state trooper undermined DWI convictions over an eight-year period was "not great, but it is reasonably plausible." The findings could place in jeopardy 20,667 DWI cases. The report, sent to the state Supreme Court, concerned the case of Sgt. Marc Dennis, a coordinator in the State Police Alcohol Drug Testing Unit whose job included testing the accuracy of breath-testing devices used by local police. In 2016, Dennis was accused of lying on official documents about performing a legally required temperature check while calibrating just three machines, known as Alcotest devices, which gauge the blood-alcohol level of accused drunken drivers. The accusations called into question any test result involving a machine the sergeant handled, including devices used by local police in Middlesex, Monmouth, Ocean, Somerset, and Union counties between 2008 and 2016. State prosecutors notified the judiciary in September 2016 of the accusations and requested a special judge be appointed to review the tens of thousands of cases involved. County prosecutors began notifying defendants in October that their cases could be tossed because of the scandal. Officials at the Attorney General's Office maintained that while the temperature check Dennis was accused of skipping was required under Supreme Court rules for the use of breath-testing devices, it wasn't scientifically necessary. Judge Lisa's report, however, found that the state had "failed to clearly and convincingly prove" that the skipped step didn't undermine the test results. That could call into question the 20,667 cases involving breath-testing machines Dennis handled. The state Supreme Court will still have to hold formal proceedings in the case. A spokesman for Attorney General Gurbir Grewal, Peter Aseltine, said Friday that his office was "reviewing the report and will be preparing to address this before the Supreme Court."
The entire story can be found at:
http://www.nj.com/politics/index.ssf/2018/05/more_than_20k_dwi_cases_up_in_the_air_in_state_pol.html
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/c
