The Indiana State Department of Toxicology lab knew of potential errors as early as 2008.

The group representing Indiana prosecutors knew as early as 2008 of problems in the Indiana State Department of Toxicology lab that could jeopardize hundreds of cases but failed to inform defense attorneys even as they continued to use the results in trials, a newspaper investigation has found.

The Indianapolis Star found that former lab director Michael Wagner met with Steve Johnson and Deborah Reasoner of the Indiana Prosecuting Attorneys Council shortly after he took over the lab in August 2008 and told them he had found problems and planned to launch an audit of test results.

But defense attorneys say Johnson made no effort to notify them that tests could be in question, and prosecutors continued to use the results — often critical to winning convictions or leveraging plea agreements.

"When somebody hands the prosecution evidence that testing might be unreliable, you can't hide that," said John Tompkins, an Indianapolis defense attorney who concentrates on drunken driving cases.

An audit of lab results showed 200 of 2,000 positive marijuana test results from 2007 to 2009 shouldn't have been reported to prosecutors because of errors. That audit is continuing into other categories, such as cocaine and alcohol.

The problems have raised concerns that some convictions might be tainted and that hundreds of cases might need to be reexamined.

Wagner said he alerted officials to problems at the lab again during a training meeting attended by prosecutors and police officers on Feb. 12, 2009. He told prosecutors they shouldn't go to trial with test results from 2007 or 2008 without checking with him first and that the tests in those cases might have to be redone.


Link:
http://www.mysanantonio.com/news/article/Probe-Toxicology-lab-results-questioned-in-08-1319563.php