The American Chemical Society’s Chemistry and the Law Division and its Forensic Science Co-Chairmen, Justin McShane, Esq. of Harrisburg, PA and Josh D. Lee, Esq. of Vinita, OK, are proud to announce a full-day presentation on the work of the Innocence Project. Forensic Science often plays a tragic role in the conviction and wrongful imprisonment…
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Do You Believe in DUI Blood Tests?
A frustrated judge once asked me, “Justin why don’t you ever stipulate to a forensic science result?” They answer is simple: Because they are not reliable. For those who are not familiar with the terminology, “stipulating” means accepting the result of a forensic test without questioning it. Many The vast majority of lawyers do this,…
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More Crime Lab Problems: Philly Lab Tech Flunk Competency Test
Am I really asking for too much? All I really want from a crime lab is: Validated techniques Proper supervision Adherence to scientific standards Competent technicians who do their job properly and time and time again we find out that these simple requests are not being met. Philly crime lab technicians flunk competency test THREE…
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External Quality Assurance Auditor for Pennsylvania Forensics Labs
Forensics, in the form of both blood and breath testing, is a big part of a DUI case. This is why I have dedicated myself to the study of forensic science so I can offer the best defense for my clients. You have to know the science to hold the scientists accountable. In my studies…
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More Blood Test Woes
Once again, DUI blood testing has been compromised by sloppy and reckless technicians: Colorado to retest 1,700 blood samples from DUI cases after lab employee’s errors uncovered The state is retesting 1,700 DUI blood samples after a laboratory employee failed to follow proper procedures, which skewed the results of the tests. The mistakes open the…
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DUI Prescription Drug Help
One trend I that have noticed here in Pennsylvania is an increase in drug related DUI arrests and in particular arrest related to prescription drugs. We have discussed DUI prescription drugs before in our post: DUI Arrests Purposely Targeting Innocent People. DUI drug cases are complex because there are many different types of drugs that…
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Forced Blood Draws leads to Police Brutality
“No refusal” initiatives are becoming more and more common across the country. However, these forced blood draws open the door for police brutality through excessive use of force. We previously reported about a man in Texas who was stomped and beaten by the police who broke his leg in order to get his blood. To…
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Crime Labs Positive. Retests Show Substance was not Present in the First Place!
Blood tests are often treated like the “holy grail” of DUI evidence. Prosecutors see it as infallible and many inexperienced DUI attorneys fail to question the results because of its perceived accuracy. I even once had a prosecutor say to me, in open court mind you, “It’s a blood test. How can you possibly challenge…
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Recycling Gone Wrong
The government is now recycling employees who have been fired due to poor performance: Fired OSBI analyst hired to supervise program by state of Oklahoma A former OSBI lab analyst who was fired for poor performance has been hired to serve as administrator of a state program that certifies and tests devices designed to prevent…
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The Disconnect Between Science and Crime Labs
Science is a very important part of criminal law, especially when it comes to DUI. In many cases, the bulk of the evidence lies in blood and breath test reports. To produce valid and accurate results, science has outlined specific methodologies and procedures that need to be followed and if these are violated, the results…
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