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January 13, 2015

Forensic chemist gets 3-5 years in prison for falsifying test results

Forensic chemist gets 3-5 years in prison for falsifying test results - Maryland DUI Lawyer Blog Maryland DUI Lawyer Blog Published by Maryland DUI Attorneys :: Goldstein & Stamm, P.A. HomeWebsiteAttorneysPractice Areas Contact Us « Previous | Home | Next » Forensic chemist gets 3-5 years in prison for falsifying test results |Share November 28, 2013

Annie Dookhan, a former forensic chemist at a state forensic laboratory in Massachusetts, pleaded guilty to 27 counts of falsifying test results, misleading investigators, and tampering with evidence. She was sentenced this week to 3-5 years in prison. followed by 2 years of probation. In the course of her career she filed reports in approximately 40,000 criminal cases, which are now under review.

This is an extreme case, but it highlights the need for defense lawyers to carefully scrutinize state police laboratory results and methods to uncover mistakes resulting from incompetence, negligence, and fraud in criminal cases. Newpaper stories are replete with cases of laboratory mistakes that have resulted in erroneous convictions.

The amicus brief filed by the National Association of Criminal Defense Lawyers and the National College for DUI defense in Bullcoming v. New Mexico, co-written by Leonard R. Stamm said:

"Forensic evidence is not uniquely immune from the risk of manipulation." Melendez-Diaz, 129 S. Ct. at 2536. The recent report by the National Research Council of the National Academies, Strengthening Forensic Sciences in the United States: a Path Forward (2009) (NAS Report), confirmed what defense lawyers have long known: because forensic analysis is a product of human discretion, it is vulnerable to incompetence, error and sometimes even fraud. See also Solomon Moore, Science Found Wanting in Nation's Crime Labs, N.Y. Times, Feb. 5, 2009, available at http://www.nytimes.com/2009/02/05/us/05forensics.html (last visited Dec. 1, 2010). As the NAS Report revealed, forensic analyses "are often handled by poorly trained technicians who then exaggerate the accuracy of their methods in court." Id. The NAS Report verifies that forensic science is anything but infallible, and is instead fraught by very human errors leading to problems such as sample contamination and inaccurate reports. Id.

The brief also listed some cases that made news in DUI cases:

A few recent incidents in DUI cases around the country show that blood analysis identical to the type used in Bullcoming is vulnerable to error or even fraud. For example, a recent investigation conducted by the Colorado Springs Police Department's Metro Crime Lab discovered 206 false high blood alcohol tests in 2007 and 2009 alone, all attributable to a single chemist. John Ensslin, Final tally on flawed DUI: 206 errors, 9 tossed or reduced, Colo. Springs Gazette, Apr. 19, 2010, available at www.gazette.com/articles/report-97354-police-discuss.html (last visited on Nov. 26, 2010). Nine DUI convictions were dismissed as a result, but it is impossible to know how many individuals were erroneously convicted. Id. The investigation revealed that a particular chemist had inserted low levels of n-propanol into many of her blood samples, resulting in a correspondingly higher calculation for the ethanol levels in the samples.Anthony Lane, Unsolved Mysteries in the CSPD's Crime Lab, Colo. Springs Indep., Apr. 19, 2010, available at http://www.csindy.com/colorado/unsolvedmysteries/content?oid=1699431 (last visited on Nov. 27, 2010). Yet "going back to 2002, supervisors consistently rated [the chemist] as 'effective' or 'excellent,' with no hint of problems." Id. The improper addition of the internal standard could have been discovered through cross-examination. Other instances of ethanol testing errors have been reported in the press. For example, in Tooele County, Utah, a driver who had consumed no alcohol was reported to have a 0.19 blood alcohol level. Retesting produced 0.00 results. Subsequent review showed that the analyst had improperly transposed numbers, resulting in the erroneous reading. Nicole Gonzales & Marc Giauque, Homicide Charge Dropped Following Blood Test Mistake, Jan. 28, 2009, available at http://www.ksl.com/?nid=148&sid=5442828 (last visited on Nov. 24, 2010).In Washington State, the supervisor of the State Police toxicology laboratory was found to have falsified certifications that she had tested solutions used to calibrate and test breath alcohol machines. Other individuals in the laboratory covered up the fraud. City of Seattle v. Holifield, No. 83277-3, 2010 WL 4008889 (Wash. Oct. 14, 2010); see also Tracy Johnson& Daniel Lathrop, Allegations May Cast Cloud Over DUI Cases: State lab manager quits after she is accused of signing false statements, Jul. 31, 2007, available at http://www.seattlepi.com/local/325706_dui31.html (last visited on Nov. 25, 2010). See alsoJaxon Van Derbeken, Lab Employee to Take the 5th in Alesia and Tim Evans, Toxicology gaffes likely to affect cases, Dec. 6, 2010, available at http://wap.indystar.com/detail.jsp?key=774876&rc=th&full=1 (last visited on Dec. 6, 2010).

Forensic lab errors have resulted in imprisonment in many serious criminal cases. The Innocence Project lists 311 DNA exonerations since 1989, about half of which are attributable to errors in forensic science. See http://www.innocenceproject.org/Content/DNA_Exonerations_Nationwide.php.

If you are facing criminal or traffic charges in Maryland state or federal court, call Leonard R. Stamm of Goldstein & Stamm, P.A. at 301-345-0122 for a free consultation.

Leonard R. Stamm
Goldstein & Stamm, P.A.
6301 Ivy Lane, Suite 504
Greenbelt, MD 20770
301-345-0122
(fax) 301-441-4652
www.dwiattorneymaryland.com
www.marylandduilawyer-blog.com
marylandduilaw@gmail.com

Author: West's Maryland DUI Law

Categories: Blood testing, Breath testing, Constitutional rights, Criminal justice news, DUI Defense Strategies, Federal DUIs Posted by Goldstein & Stamm, P.A. | Permalink | Email This Post

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October 23, 2012

Man With 5 DUI Arrests Defies Odds by Avoiding Prison Sentence

By guest-writer

In a frustrating end to a long saga for Sioux Falls prosecutors, a man who has been convicted of driving under the influence of alcohol five different times in the past five years has been released from jail without having to serve any time in prison.

The man, 57-year-old Randall Gene Hoogendoorn, received a sentence this week that only requires him to spend two years under “intense supervision,” according to a report from The Argus Leader, a South Dakota newspaper.

Sources indicate that prosecutors asked for a lengthy sentence due to Hoogendoorn’s criminal history, but Judge Robin Houwman felt that a lesser sentence offered the man “the best opportunity for rehabilitation.”

But despite the seemingly lenient sentence, Judge Houwman established strict guidelines that Hoogdendoorn must obey.

For example, the man will have to call his probation officers up to 50 times a day in order to meet the terms of his probation. If he fails to regularly report to his probation officer, Hoogdendoorn could face a term in prison of up to 10 years.

The judge apparently believed that heavily supervised probation would best serve the public interest, which is a decision many judges often make, as it keeps another person out of prison and saves taxpayer dollars.

Nevertheless, prosecutors were very surprised that the man left court with such a light sentence. Sources say that his latest arrest occurred when his blood alcohol content was 0.24 percent, which is three times the legal limit.

The latest arrest, though, was the first felony DUI conviction for Hoogendoorn. His previous DUI arrests were all misdemeanors, according to sources.

A recent change to DUI laws in South Dakota established that a person’s third DUI offense is automatically a felony, but this provision was enacted too late to play a role in Hoogendoorn’s previous trials.

So, instead of sending Hoogendoorn to prison for 10 years, state prosecutors had to settle for a 180-day stint in jail and a two-year probationary sentence.

Sources say that Hoogendoorn will also be placed under house arrest during the initial portion of his probation and that he will be required to call his probation officer when he wakes up, when he eats, and even when he leaves his room.

As Judge Houwman put it, the man is not “just being released out into the community.” On the contrary, it seems that Hoogendoorn will be a prisoner in his own home.

View the original article here

July 29, 2012

Drunk Driver Who Killed Ohio State Trooper Sent to Prison Again

By guest-writer

An Ohio resident who received a lifetime revocation of his driver’s license after striking and killing an Ohio state trooper while driving drunk was sentenced to prison this week after driving against the court’s orders.

43-year-old David Dye was sentenced to 30 months in prison after pleading guilty to a charge of driving under a specified lifetime suspension. The plea negotiation also included an open container violation, according to a report from local news source nbc4i.com.

In 2001, the resident of Westerville, Ohio struck and killed Ohio State Highway Patrol Trooper Frank Vazquez, who was conducting a traffic stop on a highway when Dye lost control of his vehicle and slammed into the officer’s patrol car.

One year later, Dye was convicted of aggravated vehicular homicide, a felony DUI, and he eventually served seven years in prison for his crime.

In addition to the homicide charge, the sentencing judge also took into consideration Dye’s previous drunk driving convictions, which occurred in 1987, 1989, 1991, and 1995.

Dye was released from prison a few years ago and was released from his parole in January 2011. His parole, however, came with a strict order from the judge that Dye would never be allowed to drive again.

Alas, Dye failed to abide by this rule, and concerned neighbors told police in November 2011 that Dye was driving again, and that he wasn’t always sober when he stepped behind the wheel.

So, for roughly two weeks, police were wary of running into Dye, and their vigilance was rewarded one night last November when they pulled Dye over in Genoa Township.

The police report indicates that Dye was seen going into a store to receive a haircut and police caught him driving away from the business on a Saturday afternoon.

To their surprise, the police discovered a cup of lemonade and vodka in Dye’s car, although Dye claims that he had not been drinking the vodka while he was driving.

Such a claim, of course, is not a valid defense to an open container violation, and the police had little patience for the man who had been responsible for the death of one of their own a decade ago.

So, Dye will serve 30 months in prison for driving to a barber shop, but the lesson to be learned in this case is that lifetime driver’s license suspensions are taken very seriously by the court system.

View the original article here

May 21, 2012

DUI Driver Sentenced to Year in Prison for Hitting 9-Year-Old Boy

By guest-writer

A drunk driver has been sentenced to a year in prison after he struck a nine-year-old boy who was leaving a San Francisco Giants game last year, according to a report from the San Francisco Chronicle.

The man, 22-year-old Andrew Alan Vargas, appeared in court last week for sentencing and expressed his remorse to the family of the boy whom he struck with his pickup truck last August.

Before the crash occurred, young Ryan White was walking with his family back to their San Francisco hotel after watching a baseball game at AT&T Park. The Whites, who are from Yardley, Pennsylvania, had traveled to the Bay Area to watch their favorite team, the Philadelphia Phillies.

As a result of the accident, which was caused by Vargas’s misguided decision to drive the wrong way down a one-way street, Ryan White suffered a lacerated liver and a fractured pelvis.

The parents of the child, Ken and Roseanne White, were unable to attend the sentencing hearing because they had to stay in Philadelphia, where their son was undergoing his fourth surgery since the crash, sources indicate.

In a letter to the judge, however, the parents made pointed remarks to Vargas, claiming that he was “incarcerated because of [his] actions” but they also noted that their son was also incarcerated because of the man’s actions.

In their letter, the Whites said that Ryan’s injuries have rendered him unable to do all of his favorite physical activities, including swimming, bike riding, and performing martial arts.

To his credit, Vargas did apologize profusely, both to the judge and to Ryan White and his family, for his decision to drive under the influence of alcohol.

In his statements to the sentencing judge, Superior Court Judge Nancy Davis, Vargas claimed, “I have learned so much out of this, and I’m determined to turn things around for them and will do everything in my power to avoid others from making the same mistake that I committed.”

Interestingly, Ryan White’s parents supported Judge Davis’s decision to only sentence Vargas to a year in prison (sources suggest that, had she wanted to, the judge could have sentenced Vargas to a much lengthier prison term).

Sources say that the family gave their approval to a decision last month in which Vargas pleaded guilty to a felony DUI charge with great bodily injury. Charges related to a hit-and-run were dropped.

In the White family’s words, they did not want Vargas “to sit in jail forever and do nothing” because, from what they had heard, he was “a good young man.”

View the original article here

January 28, 2011

Ex-Massachusetts State Senator Dianne Wilkerson Sentenced to 3 1/2 Years in Prison For Accepting Bribes

Former Massachusetts State Senator Dianne Wilkerson has been sentenced to serve 3 1 years in state prison for accepting $23,500 in bribes. Wilkerson had pleaded guilty to criminal charges of eight counts of attempted extortion last year.

In 2008, she was caught inserting $100 bills in her bra as part of a kickback scam. Wilkerson was accused of taking eight cash payments between 2007 and 2008 from undercover agents and a witness who was secretly working with the FBI. The former state senator was captured on approximately 150 video and audio recordings saying she was going to use some of the money at a casino, as well as to embark upon a sticker campaign in the wake of losing the 2008 Democratic primary.

While prosecutors had pushed for Wilkerson be sentenced to four years in prison, her legal team had argued for less time. The sentence that Wilkerson received is in line with federal sentencing guidelines.

The former state senator, who has been ordered to turn herself in on March 11 so she can start serving her federal prison term, said today that the believes that she was pursued by corrupt federal prosecutors who didn’t like the fact that she was among the politicians that challenged the status quo. Originally, Wilkerson had faced 32 charges of allegedly taking bribes, but the government agreed to drop 24 of the criminal charges. Mail fraud and wire fraud and conspiring to extort cash were among the charges.

Wilkerson sentenced to 3 1/2 years in corruption case, Boston.com, January 6, 2011

Wilkerson guilty of attempted extortion; prosecutors recommend up to 4 years, Boston.com, June 3, 2010

Related Web Resources:
White-Collar Crime, Federal Bureau of Investigation

White-Collar Crime: an overview, Cornell University Law School

Having an experienced Boston white-collar crime lawyer representing you can greatly affect the outcome of your criminal case for the better. Your Massachusetts criminal defense attorney can help win a not guilty verdict or negotiate a successful plea agreement for you. He or she may also be able to get the charges against you dropped or your sentence reduced.

View the original article here

December 24, 2010

New Jersey Cop Martin Abreu Going to Prison

DUI News

Martin Abreu, 26, was a Jersey City police officer. Now he is a convict and prison resident. One year ago Abreu was traveling on West Street when he drove his vehicle into pedestrians Marilyn Feng, 26, and Dennis Loffredo, 26. Feng recently graduated from New York University Law School and was her parent’s only child. She died from her injuries. Her boyfriend, Loffredo, was injured but survived.

Abreu plead guilty to aggravated vehicular manslaughter because he was driving double the speed limit and he had a blood alcohol level of .124. The legal limit is 0.08. Abreu understood the horror he brought upon these two innocent individuals by stating, “There’s not a day that goes by that I wish I could trade my life for the victim’s. Everyday I live this. I’m going to live it for the rest of my life.”

However, his ignorant mother does not understand the dangers of drunk driving. She was quoted saying, “So my son went out and had a couple of drinks. He deserves to have a good time now and then.” Mrs. Abreu never leave your home and never open your mouth again. You lack the basic intelligence and decency to be part of a civilized society. Getting blitzed out of your mind, driving like a maniac and careening into pedestrians is not a “good time.” Alcohol impairs judgment and in your son’s case alcohol devastated his judgment.

No one has the right to a “good time” at the expense of human life.

View the original article here