On every drug case that I represent someone, I file a motion to compel the
testimony of the lab analyst performing tests (Ohio law presumes the
validity of the test by the analyst via affidavit). I know that, if the
lab analyst is less than honest, it is not likely to come out at a
single hearing because the analyst has a vested interest to protect their work. But I also believe with enough hearings, by enough
attorneys, with the same analyst, if the analyst's work is suspect, it will
eventually be discovered. It happened not that long ago here in Ohio
with analyst on OVI cases.
That said, the analysts I've spoken to, both in and out of court, do value the
integrity of their work and would admit (and have) mistakes that potentially compromised the results. But I still file the motions.
20,000 Convicted Drug Offenders’ Cases Will Get Thrown Out
No comments:
Post a Comment