Nassau County Crime Lab Shut Down

April 21, 2011

Prosecutors trust that the information they receive from crime labs is correct and accurate. The results from tests run at the lab are used to help build cases against those accused of crimes. When this information is inaccurate it can lead to questions for both past and future cases, and in some instances, lead to innocent people being convicted of crimes they did not commit. The Nassau County crime lab recently became the only police lab in the nation to completely close its doors due to its inability to follow procedures.

The lab's troubles started in December 2010. The American Society of Crime Laboratory Directors - Laboratory Accreditation Board placed the facility on probation after it failed more than 20 critical items during its mid-cycle review. Some of the issues cited in the report indicated that the lab did not properly label evidence or secure the room where evidence was being stored. This marked the second time in the past 5 years that the lab was placed on probation by the accreditation agency.

Nassau County District Attorney Kathleen Rice ordered the drug testing portion of the lab to be closed in February after errors were found in six out of nine retested samples from past cases. After learning that officers at the lab had been aware of errors for at least 3 years prior to the suspension, the entire facility was shut down.

Officials are now faced with the prospect of retesting several samples in drug and DWI matters. Information surfaced that showed that the lab equipment used to measure a driver's blood-alcohol content had not been properly calibrated for many years which led to questions about its accuracy. The lab also had problems keeping track of which evidence belonged to which case, as at least nine test results were found to have been stapled to the wrong defendants.

The issues for those convicted of drug crimes are even more concerning. Officials do not know if the scales measuring the amount of drugs were properly calibrated, as technicians did not include this information in reports. Also, the scales were not adequately cleared after each test, meaning that residue may not have been removed for tests in other cases.

Accurate measurements are crucial in drug cases, as the amount of drugs seized can mean the difference between a felony or misdemeanor charge. Heroin and cocaine charges rely heavily on these measuring devices. According to prosecutors, these two drugs made up nearly half of the drug arrests in the county, which could mean that several cases were based upon inaccurate evidence.

All felony drug convictions since 2007 will be reviewed to determine if lab procedure resulted in faulty convictions, adding up to more than 3,000 drug cases alone. The review of blood-alcohol test results is expected to go back to 2006.

The county has recently sent out letters to at least 300 prisoners who may have been wrongly convicted due to the problems at the lab. If you or someone you know was charged with a crime in Nassau County, consult an experienced attorney to understand the options that may be available to you.

Article provided by Grunwald & Seman, P.C.
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