In August of 2013 a Maricopa County Superior Court Judge issued a ruling suppressing the blood results of several DUI defendant’s whose blood was tested on an instrument in the Scottsdale Crime Lab. Stating that “the scientific” principles and in particular, the “scientific” methods were not properly applied.” This ruling will potentially have compounding effects on many more defendants in the months to come.
Scottsdale Judges Not Following Maricopa
Notwithstanding this very important Superior Court decision, some Scottsdale Court Judge’s have chosen to not follow suit with the Maricopa County Superior Court’s ruling, but rather suggest that the issues involving the scientific reliability of the instrument goes to the weight of the evidence and not the admissibility. In other words, defendants whose blood is tested on the Scottsdale instrument will not automatically have their blood results suppressed but will rather have to present their case before a judge or jury.
Well Documented Misuse and More
At the very core of the Maricopa County Superior Court’s decision were documents that demonstratively showed the instrument in question had mislabeled and mis-numbered vials, transposed vial information from one vial to another, and failed to collect data in some circumstances. Documents uncovered during the litigation by the Arizona Republic show that the lab itself attempted to replace software on the machine multiple times. The lab itself referred to the instrument as “problematic,” and “malfunctioning,” and discussed concerns about its reliability yet this information as noted by the Court was undisclosed and withheld.
No Machine is Flawless
What is important to take from this ruling is that while many people in the community believe that these instruments are flawless and cannot be challenged, no instrument is 100 percent reliable and unless there are challenges to the methodology and principles used, these instruments may be used to wrongfully convict innocent persons. It is also important to take from this ruling that as a defendant, you have a right to know if an instrument has had problems with its accuracy and reliability, and if so, it is the State’s responsibility to disclose that information. However, you also need an experienced defense attorney who is willing to ask those questions and demand that information.
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