Errors found in Indiana state lab toxicology tests

What about other evidence processed by the same labs?

2-3-2011 Indiana:

Mistakes that audit uncovered could lead to overturned verdicts

The first major report from an audit of the Indiana State Department of Toxicology further brings into question the validity of potentially hundreds of drug and alcohol tests performed at the lab in recent years.

The findings from the audit, provided to The Indianapolis Star, showed errors in about 200 of 2,000 marijuana tests reported to law enforcement as having positive results. That includes about 50 described as "a conscious manipulation of results" by lab workers.

"This is a potential mess," said former Marion County Prosecutor Scott Newman, who was hired to fix the agency. "The only thing that saves it is . . . the criminal justice system and the scientific community (being) brought together to try to make sense about how to go forward."

Newman acknowledged there is potential for numerous verdicts to be overturned and cases to be dismissed, although not every error is necessarily connected to a wrongful conviction. Some of the problems may not be significant enough to change the outcome of cases.

But Larry Landis, executive director of the Indiana Public Defender Council, called the revelations "shocking" and "inexcusable."

"If they're manipulating data, how can you rely on anything they do?" Landis said. "We're talking about people's lives."

He added that he appreciated Newman's integrity and said it "gives me hope there won't be a cover-up."

Newman said the agency is notifying lawyers involved in the 200 cases and preparing for an onslaught of inquiries, including those from defense attorneys who want their own expert to review test results.

The audit eventually will cover every case from 2007 to 2009 in which the lab reported a positive result -- more than 10,000 overall. But Newman said the initial findings are troubling enough that he probably will extend the audit back to 2006. The audit, conducted by outside scientists, is of paper records. ..For the remainder of the story.. by Mark Alesia and Tim Evans