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Thursday, March 31, 2011

Ind. Gov't. - "Critics: Potential problems at toxicology lab weren't disclosed"

Mark Alesia and Tim Evans of the Indianapolis Star have another report today on the state toxicology lab scandal. (Here are earlier ILB entries re "toxicology lab".) From today's lengthy story:

Leaders of the state prosecuting attorneys association and other prosecutors were told more than two years ago about concerns regarding Indiana State Department of Toxicology test results, which are used as evidence in criminal cases.

More troubling, say legal experts and defense attorneys, is that the prosecutors kept that information to themselves.

Instead of informing defense attorneys or pushing for an investigation of the lab's work, prosecutors continued to use the results -- often critical to winning convictions or leveraging plea agreements.

Not sharing the information, defense attorneys contend, smacks of a cover-up. They see it as an attempt to quickly and quietly move on without calling into question the work of the lab.

Legal experts and defense attorneys said that's a potential violation of ethical and legal standards that require prosecutors to disclose anything that could raise questions about the validity of evidence. It's a standard that demands prosecutors place the pursuit of justice over winning cases.

This is a "must read."

Posted by Marcia Oddi on March 31, 2011 11:03 AM
Posted to Indiana Government