Perjury in the Washington State Crime Lab!
DUI Defense News
Recent DUI defense news could affect the admissibility of DUI breath test results in the Seattle area and Washington State cases. Specifically, the accuracy and reliability of DUI breath test results using simulator solutions (i.e. the beeker holding a mixture of water and ethanol containing .08% alcohol content used to measure the DataMaster's alleged accuracy between a DUI subject's two breath samples called an external standard) installed on all BAC DataMaster and DataMaster CDM machines used by law enforcement to garner breath samples for use in trials has come into question.
Problems with DUI Evidence?
Numerous defense challenges to breath test results in DUI convictions (past and present) are underway in courts throughout Washington State because of newly discovered evidence that breath testing devices weren't tested properly. The defense position is that the evidence from the toxicology lab analyst's testimony (regarding the accuracy of the breath testing device - DataMaster) was based upon perjured testimony and, therefore, tainted making the breath tests inadmissible. Amid allegations of perjury related to the preparation and testing of the simulator solutions used, the previous Washington State Toxicology Lab Manager tendered her resignation. The Washington State Patrol's Breath Test Section indicated that "...Ms. Gordon did not personally examine and test the solutions." WSP Breath Testing Site.More DUI Information
Misconduct Could Affect DUI Convictions
Simulator solutions must be tested by analysts (pursuant to established protocol) at the toxicology laboratory for accuracy within a specified acceptable range and may only be implemented for use in DUI breath testing machines (i.e. DataMaster and DataMaster CDM) if they meet those standards outlined by the state toxicologist. However, since the solutions were never tested by at least one analyst who signed under penalty of perjury that she had in fact tested the solutions, it can be inferred that someone covered for her and a door has been opened regarding perjury not just centralized to one individual in the toxicology lab. Numerous judges are set to hear argument regarding governmental misconduct and whether to dismiss the thousands of DUI cases affected by the tainted testimony.
UPDATE!! King County District Court Ruling - Breath Tests Suppressed! State v. Ahmach, et al., Cause No. C000627921.
January 30, 2008: A three judge panel in King County District Court has ruled that the breath tests results in all district court cases be suppressed. The court held that the Washington State Toxicology Lab results have been "so compromised by ethical lapses, systemic inaccuracy, negligence, and violations of scientific principles" that the work product would not be of assistance to the trier of fact.
Seattle Municipal Court Ruling - Breath Tests Suppressed! City v. Greely, et al., Cause No. 51672, et al.
May 16, 2008: A four judge panel at the Seattle Municipal Court also concluded that breath tests results would be suppressed due to the Washington State Toxicology Lab inaccuracies and work product. The court limited its' suppression decision through a date certain (referring to the implementation of a specific batch number).
Snohomish County District Court Ruling - Breath Tests Suppressed! State v. Lang, Cause No. C616184
November 30, 2007: A three judge panel in Snohomish County District Court (Lynnwood/South Division) has ruled that the breath tests in dozens of cases affected by the perjury committed at the Washington State Toxicology Lab are to be suppressed. The holding indicated that "...these irregularities from the Toxicology Lab regarding the preparation and certification of simulator solutions violate those protocol which the Toxicologist has found necessary to ensure reliable breath test results...Under these circumstances, a motion to suppress the result of a breath test will be granted."
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