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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. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

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  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

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  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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