Seriously, who's working in these crime labs?

Am I really asking for too much?  All I really want from a crime lab is:

1. Validated techniques
2. Proper supervision
3. Adherence to scientific standards
4. 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 TRACE-evidence technicians have flunked a routine test administered to uphold the Philadelphia Police Department crime lab’s accreditation, police brass announced Tuesday.

Each technician tests hundreds of pieces of evidence a year for traces of blood and semen, so if investigators determine that the methods are problematic, it could throw countless court cases into question, authorities acknowledged.

City officials learned of the test failures “within the last 24 hours” and decided to announce them to assure the public that they are moving swiftly to address them, even though they’re fuzzy on many details, said Mike Garvey, director of the crime lab.

The lab has 12 trace examiners; they’re tested by an outside agency twice a year, six at a time, to ensure their competency. Although just half of the six most recently tested failed, the agency that administers the test hasn’t yet told the city which three flubbed it. They’re expected to do so by early June.

Until then, Garvey said, all six have been removed from their trace-examination duties. Once the three are identified, they will be retrained. Authorities will reexamine every case they handled, Garvey said. All six examiners tested are veterans, and until now none of the lab’s 12 trace technicians has failed a test since at least 2004, Garvey added. The 12 technicians handle about 3,000 cases a year.

“We don’t have all the answers yet,” Police Commissioner Charles Ramsey said. “This is just starting.”

Garvey added: “It’s the right call, if there’s any question [about accuracy].”

Tuesday’s announcement comes about a year after police officials announced another embarrassing flub — miscalibrated Breathalyzer machines — that threw more than 1,100 drunken-driving cases into limbo. The goof prompted the District Attorney’s Office to review thousands of ongoing cases and even retry some.

Tasha Jamerson, spokeswoman for the District Attorney’s Office, said that so many details remain unknown about how or why the examiners flunked the test that she couldn’t comment on how it would impact ongoing court cases. n

Contact Dana DiFilippo at difilid@phillynews.com or 215-854-5934. Read her blog at phillyconfidential.com.

In cases like DUI where the crime lab reports make up the bulk of the evidence against the accused, these kinds of failures threaten many people with false DUI convictions. The problem is rampant and widespread.  I have witnessed numerous cases in Pennsylvania where blood tests have been proven to be scientifically invalid because the science was not there. It was not valid. It was not reliable.

Stay tuned to the happenings in Philly…I have a feeling we have only scratched the surface.

If the forensic labs are not doing their jobs properly, we will show that in court.

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 of analytical chemistry (the science behind the DUI tests), I have found that crime labs are not following the scientific procedures they are supposed to be following, their methods lack validity, and the efforts are not traceable  This can and does produce erroneous and unreliable results. I hold them responsible.

As most DUI defense attorneys do not know about these issues in detail, they are not able to cross-examine lab technicians and thus these technicians become lax and overconfident.  They know nobody is watching them…except for The McShane Firm.

As a leading expert in Gas Chromatography (the test used to determine blood alcohol levels) I challenge the State and their pseudo-science to hold them accountable.  The tests are only valid and reliable if the proper validated procedures are followed. I make sure that if they haven’t been followed, they are challenged in court.  Many times, this has lead to blood test evidence being ruled as not admissible or carry no weight, thus winning the case for my clients.

Every case, every judge, every jury is different. So just as in life there are no guarantees about the outcome of your case, what I can guarantee you is that we will offer you a rigorous defense and challenge the evidence all with one singular goal: to protect your rights.

Summertime means picnics, fun and...DUI

Pennsylvania is an exciting place during the summer.  With beautiful national parks, historical landmarks, theme parks and many other attractions, there sure is a lot to do here PA.  However, along with the pick up in activity and excitement, there is certainly an up-tick in the number of people arrested for DUI.

“Why does this happen and how can you protect yourself?” will be the theme for our upcoming series “Summertime – DUI Time.”

One of the best ways to protect yourself from being charged with a DUI or any crime is to know the laws and your rights.  We will focus on the specific laws which are related to the summer and share ways to protect yourself and your family.

So stay tuned to our series “Summertime – DUI Time”.

High BAC DUI cases can be challenged if you have the right lawyer.

Many people who are charged with a DUI believe that cases with a reported High BAC number cannot be won.  This, however, is not correct.

(At The McShane Firm, we have won many high BAC cases in the past: High BAC cases won by The McShane Firm)

A good DUI lawyer is trained in how to challenge these test results.  Some of the common challenges are:

• Were the machines properly maintained and calibrated?
• Did the person conducting the test follow the right procedure?
• Were any constitutional rights violated to obtain the test?
• Could the specimen have been contaminated?
• Was the specimen handled properly?
• Were there other reasons that may have caused a high test result other than ethanol?

As you can see there are many questions that need to be answered before a test result can be considered as evidence. (Please see DUI breath testing and DUI blood testing)  A good DUI attorney will have the scientific knowledge and trial skills needed to fight high BAC cases.

However, many DUI lawyers do not throughly challenge the evidence in the case and  thus leave you helpless in front of the prosecution.  This is why it is important to find the best DUI lawyer available to defend your case and protect your rights.

A new alcohol spray claims it can get you drunk without the side effects. I wonder how it will affect DUI cases.

The inventor of a new spray claims that he has developed a spray that can make a person instantly drunk for a few moments:

New spray makes you ‘instantly drunk,’ and only lasts a few seconds

A French American scientist has invented a new alcohol spray that instantly intoxicates the user. However, the effects are nearly as brief, wearing off in a matter of moments.

The spray, WA|HH Quantum Sensations, was created by David Edwards and was unveiled during a recent Paris exhibition.

The short-term effects are reportedly due to the 0.075 millileter dosage. In other words, it would take 1,000 sprays to equal the level of alcohol contained in one conventional drink.

Every time a new technology in drinking or drugs hits the market, there are a number of questions that arise:

• How users will test on breath machines?
• Will this be detectable in a blood sample?
• Will it simply show as EtG or EtOH in the BrAC or blood sample indistinguishable from old fashioned consumption with a much longer pharmacodynamic effect?
• How MADD and other DUI lobbies will react to this?
• Will there be legislation in regards to the use of this spray?

and one last question for the DUI attorneys out there:

How long before you get a client who was wrongfully charged with a DUI after using this spray if it is true the the intoxicating effects leave nearly as soon as they come on yet the result from the chemical tests look indistinguishable from old fashioned drinking-based consumption?

Face it- Cops mess up and arrest innocent people. Bad laws just make matters worse.

While many prescription drugs can cause impairment, there is a growing number of cases where a driver took prescription drugs, was not impaired but was charged for a DUI drugs violation anyway. A doctor prescribed drug is perfectly safe and non-impairing despite use when the person is in the therapeutic range which is totally different from person to person and over the use history by that person.  Here is a common scenario:

A common citizen who is not impaired is driving down the highway late at night.  The person doesn’t keep a perfect lane.  A police officer working on a DUI patrol sees this and pulls the driver over.

When asked to perform the field sobriety tests, the driver (maybe from nervousness or drowsiness) stumbles.  The officer assumes this person is impaired.  Upon questioning the driver honestly reveals that he/she takes prescription medication.  The officer assumes that the prescription drug is causing the perceived impairment and arrests the driver for DUI drugs.

Swerving and stumbling are not specific to impairment.  Someone could be drowsy or clumsy. [Even some police officers can't do the sobriety tests.]  Furthermore, all prescription drug users are not impaired.   The assumption that prescription drugs must have caused this impairment is faulty and downright ridiculous.

Like I have mentioned before, law enforcement is a human endeavor.  Police officers make mistakes and this problem is compounded by the fact that they go through very little meaningful training on DUI or DUID.

If the police were perfect, we wouldn’t have criminal defense attorneys and we wouldn’t have movements like The Innocence Project.

The Force is Strong with Attorney McShane

Law enforcement is a human endeavor and an error prone one at that.  The result is many people are falsely accused of DUI and other crimes.  The problem becomes galactic when you factor in that the police and prosecutors are highly experienced and juries tend to believe them.  The deck is truly stacked against the common person.

Enter The McShane Firm.

At The McShane Firm we are committed to fighting for justice and to protect the innocent against wrongful prosecution.  Fighting is in our blood.  I used to be a Division I wrestler, a competitive powerlifter and a bodybuilder. I am an avid fan of mixed martial arts and I bring this fighting history and spirit to the courtroom.

When the prosecution sees The McShane Firm defending you they know they are in for a battle.  We challenge their evidence. We use expert witnesses. We will fight for every inch we can.  We come to every fight prepared with the goal of protecting our clients.

At The McShane Firm, we are protectors of justice and protectors of your rights!

Make sure you do your homework before hiring a DUI lawyer

For many people who are charged with a DUI, this is their first encounter with the criminal justice system.  DUI cases are unique because they are highly technical and require scientific knowledge as well as legal expertise to defend properly.  This is why choosing the right lawyer is the single most important decision you can make which will greatly affect the outcome of your case.

But how can someone with no legal expertise know they are choosing the right lawyer?  Here are five questions you can ask which will help you compare your options:

1. What kind of specialized training do you have to defend DUI cases?
   DUI is a highly technical field and requires a large amount of research and training to be able to defend effectively.  This is why attendance of advanced DUI training seminars is a must.
   
2. How many lectures have you presented or scholarly papers have you had published about DUI this year?
   Only respected experts are invited to teach other lawyers about DUI.  If your lawyer is an active speaker on DUI or has had scholarly papers published, then you know you are in the hands of a lawyer who takes their craft very seriously.
   
3. When was the last time you took a DUI case to trial?
   If the attorney does not take DUI cases to trial regularly then you should be suspicious.  You may be dealing with a paper pusher who would rather process your case as fast as possible without considering what options are best for you.
   
4. Can you provide me with some notable out of state references?
   When you call a reference, call as an anonymous person without revealing who gave you the number. Say that you found their number on the net and are facing a DUI case in such-and-such area and would like them to refer a lawyer.  Also try to measure their level of enthusiasm about the reference they are providing.
   
5. What is your detailed plan for my case?
   If their detailed plan involves pleading guilty right off the bat, then choose another lawyer.  Anyone can stand up in court and plead guilty. You may not even need a lawyer for that in certain circumstances.  Protecting your rights and your life requires a concrete plan and thorough preparation and you will only find that with an elite DUI attorney.

If you or a loved one is facing a DUI, please keep in mind the information above.  Make sure to share it with friends and co-workers and help educate them about these important legal matters as well.

If you are facing a DUI in Pennsylvania, please call 1-866-MCSHANE for a free consultation.

Repeat offenders must serve mandatory jail time in Pennsylvania.

Under Pennsylvania’s DUI code, repeat offenders are subject to extremely harsh punishments.  Some of the penalties for a repeat conviction may include:

• Mandatory Jail time up to 5 years
• Fines up to $10,000
• License suspension up to 18 months (served after the prison sentence)
• Mandatory ignition interlock

As you can see, these are crippling penalties which can change your entire life. Prosecutors face additional political pressure by MADD and other DUI lobbies to push for the heaviest penalties for repeat DUI offenders so you won’t get off easy.

In Pennsylvania, the license suspension is served consecutively meaning you could possibly serve a 5 year prison sentence then an 18 month license suspension in some extreme consequences. Then in that scenario, you would have to use an interlock device for a year.  In total you could be serving a de facto loss of license of 7.5 years after the conviction.  Additionally, the conviction and your time in prison will show up on your criminal history forever!

This is why it is important for any repeat offender to seek legal help immediately.  Find the best DUI Lawyer you can and protect your rights.

If it's not scientific- then it's not evidence.

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 door for defense lawyers to challenge all of the blood testing in driving-under-the-influence cases conducted by the Colorado Department of Public Health and Environment’s lab.

“There was a situation where an outside lab ran a sample that caused us to rerun a sample, and we were able to track that to a certain employee who was not following the standard operating procedures,” health department spokesman Mark Salley said.

The lab processes DUI bloodwork for 225 law enforcement agencies in Colorado. Some law enforcement agencies, including Denver police, have their own labs. Others contract the bloodwork out to an independent lab.

Read more: Colorado to retest 1,700 blood samples from DUI cases after lab employee’s errors uncovered – The Denver Post http://www.denverpost.com/news/ci_20438710/colorado-retest-1-700-blood-samples-from-dui#ixzz1smlOPWwp

We have covered the issue of DUI blood testing problems in our series: Challenging DUI Blood Evidence.

In short, blood testing can be very accurate in theory, but in practice it is marred by the overworked and under-trained staff at these crime labs and their shortsightedness.  Forensic labs in this country are horribly managed and commit gross injustice by not maintaining the scientific standards they are supposed to uphold.

Even the National Academy of Sciences found that the nation’s crime labs are severely fractured and called for an overhaul of the system.

The matter is simple, if you don’t follow scientific procedures, the test is not scientific.  If it’s not scientific- it’s not evidence.