Court correctly ruled toxicology department audit results ‘irrelevant’

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The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.

Troy Wilson was charged with Class A misdemeanors possession of marijuana and driving while intoxicated; he only challenged his DWI conviction on appeal. Wilson agreed to submit to a blood draw test for the presence of alcohol in his system on Dec. 6, 2009, and a nurse performed the blood draw using a kit provided to police by the State Department of Toxicology. It was later analyzed by the department’s lab in 2010, and tested again in 2011 after the original analyst was no longer employed with the department. Wilson was convicted in January 2012.

At trial, Wilson sought to introduce testimony from Dr. Scott Kriger, Ph.D., the department’s director, concerning audits conducted of test results produced by the department during 2007, 2008 and 2009. The independent audit found testing errors in around 10 percent of marijuana tests and a third of cocaine tests. Further audits were postponed before alcohol tests could be reviewed. The state objected and the trial court ruled the testimony inadmissible.

The Court of Appeals rejected Wilson’s argument that his confrontation rights were violated when he was unable to elicit the audit testimony from Kriger. But he was able to cross-examine the second analyst and Kriger regarding how the tests are performed and other information, Judge L. Mark Bailey wrote in Troy Wilson v. State of Indiana, 29A02-1202-CR-88.

The trial court also didn’t err in determining the audit testimony was irrelevant as the audit pertained to samples tested from 2007 to 2009 and Wilson’s test used at trial was performed in 2011, the judges held. Wilson argued the audit results impact the jury’s assessment of the credibility of the department’s analysis of his blood sample because his test “could have been part of an audit.”

“The discontinuation of the audit on blood-alcohol samples and the period of time covered by the audits generally may bear upon the credibility of the Department’s testing results from 2007 to 2009. But it is not clear that these questions bear upon the credibility of the Department’s analysis here, where different procedures were executed by different analysts serving under a different Director more than 1 ½ years beyond the chronological scope of the audits,” Bailey wrote.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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