Many people believe that when they are arrested for a DUI that they are doomed to a conviction. This is not true. Many cases that look like an open-and-shut case for the prosecution can fall apart on close examination. One of the main reasons for DUI cases to be dismissed or arrive at a not…
read more »Tag: Problem with Police Forensic labs
Backlogs at Crime Labs Undermine Justice
The McShane Firm recently was recently in the news because of our successful litigation strategy in the case of T.G. T.G., of Harrisburg, was being held for his alleged involvement in an assault on a police officer. However, when DNA tests on a key piece of evidence came back negative, T.G.’s bond was lowered and…
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C&EN Quotes Attorney McShane
Recently, Chemical and Engineering News (C&EN) interviewed me for a feature they were doing on Annie Dookhan: Chemist Charged In Crime Lab Scandal Police arrested a Massachusetts forensic chemist on Sept. 28. Annie Dookhan allegedly tampered with drug evidence in criminal cases, forged colleagues’ signatures, and faked her academic credentials while working at a state…
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Annie Dookhan: The Personification of Everything that is Wrong with Cirme Labs
For those readers who don’t know who Annie Dookhan is, here is the rundown. Recently, The Boston Globe uncovered that Dookhan, who was working at a Massachusetts state drug testing lab compromised evidence in many, many cases. She lied. She forged signatures. She contaminated evidence on purpose. She dry-labbed, meaning she would simply look at…
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Innocence! Forensic Science, Chemistry and the Law features the Innocence Project and Wrongful Convictions
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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DUI Blood Tests Impacted by Lab Errors
More sloppy lab work leads to more uncertainty about DUI convictions. This time it’s Colorado again: At issue is the Colorado Department of Public Health and Environment’s testing for blood-alcohol content, which many law enforcement agencies rely on to establish if someone is over the legal limit for driving, .08 percent. In early May,…
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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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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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