A former DNA analyst with the Colorado Bureau of Investigation (CBI)manipulated DNA results and “cut corners” – and as a result, all of her work at the agency over nearly 30 years has been called into question.
Those findings emerged from an internal affairs investigation that commenced in September and pertained to Yvonne “Missy” Woods, a devoted employee who has served the CBI faithfully for 29 years. This announcement was made by the agency on Friday.
and yet another Colorado lab
The Weld County Sheriff’s Office fired a DNA analyst, who worked at a local lab for over 10 years, after an investigation found “anomalies” in her work. FOX31’s Talya Cunningham hears from a legal expert about what this could mean for the cases involved.
Meanwhile back at the ranch….
Thousands of Criminal Cases in New York Relied on Disputed DNA Testing Techniques
New York City’s crime lab has been a pioneer nationally in analyzing especially difficult DNA samples. But the recent disclosure of the source code for its proprietary software is raising new questions about accuracy.
Unlike finicky fingerprints and frowned-upon fiber analysis, DNA evidence has been the most bulletproof evidence for forensic sciences in recent years. But staffers at a research firm in Israel have recently upended the presumed infallibility of this forensics golden child—by making it themselves. Nucleix, a Tel-Aviv-based life sciences company, was able to create credible DNA evidence that could be used to finger the wrong person, proof that even genetic evidence can be manipulated (beyond planting a hair or used cigarette) just like other physical traces. “You can just engineer a crime scene,”
Drug-Testing Company Used in Child Custody Cases Investigated for Fraud
The DOJ investigated Averhealth, emails reviewed by VICE News show, after the company’s ex-lab director testified up to 30 percent of its results in Michigan were wrong.
Drug felonies without credible proof? — Allegations of politicking in state police crime labs
First on FOX 17, we broke serious allegations that state police crime labs are being told to falsely report marijuana test results. This is resulting in misleading lab reports that an attorney claims creates felonies without real proof.
Attorney Michael Komorn believes a recent policy change in the way Michigan State Police forensic science crime labs report marijuana may have led to years of wrongful convictions. Komorn called this a “perversion of science,” and “crime labs turned crime factories:” accusations that politics are trumping forensic science by escalating misdemeanor marijuana charges into felonies without proof.
More than 3,000 cases may have been impacted by inaccuracy of MSP’s marijuana testing
(WXYZ) — The Michigan State Police say more than three thousand cases involving alleged marijuana impairment could have been false positives. Last week, the MSP Forensic Science Division announced they were halting all testing of marijuana drug samples due to the possibility that the tests were positive for CBD, rather than just THC. The state police warned prosecutors not to rely on the THC toxicology results until they could learn more about the alleged problems in the testing.
THC is the psychoactive compound in marijuana. CBD is a chemical found in marijuana that does not produce a high, and CBD has not been considered a controlled substance in Michigan since March 28, 2019.
This randomized clinical trial investigates the accuracy of field sobriety tests administered by law enforcement officers to assess functional impairment and driving performance among individuals who have smoked cannabis. Question How accurate are field sobriety tests...
Summary of this paper Introduction Such scalprecorded ERP differences are temporally associated with changes in synaptic and neuronal activity recorded directly from the hippocampus and other MTL structures (Smith et al. 1986;Heit et al. 1988), and are eliminated by...
THC Detection in Blood: Challenges and Implications When it comes to enforcing drugged driving laws, police and employers face a unique challenge with marijuana. Unlike alcohol, which is metabolized and eliminated relatively quickly, THC, the psychoactive compound in...
THC Detection in Blood: A Comprehensive Review Tetrahydrocannabinol (THC), the main psychoactive compound in marijuana, can remain detectable in the blood for several days or even weeks after use. This is due to the fact that THC is highly fat-soluble, meaning that it...
The Fourth Amendment was established to protect individuals from unreasonable searches and seizures, yet there are exceptions.In Michigan, understanding the concepts of search and seizure, particularly regarding consent and plain view, is crucial for both law...
A Case Summary: People v. Blake Anthony-William BartonOn October 11, 2024, the Michigan Court of Appeals issued a decision in the case People of the State of Michigan v. Blake Anthony-William Barton. The case involved a drunk driving investigation following a car...
Police say they can tell if you are too high to drive. Critics call it ‘utter nonsense’Haley Butler-Moore sped up to pass a semi on the highway when she suddenly saw the police lights. She’d left Albuquerque hours earlier, heading to a Halloween party in Denver. Tired...
Thieves make off with 1,000 pounds of premium flower in cannabis from a corporate grower in Michigan. Then, the GM sells off 650+ pounds to pay employees.The recent theft of over 1,000 pounds of marijuana from 305 Farms, a corporate cannabis grower in West Michigan,...
You work hard. Now get ready to work harder to prepare to give more.If you own or are a member of an LLC.You have a deadline of January 1, 2025Call us we can take care of it for you. 248-357-2550The new Beneficial Ownership Reporting requirements for LLCs and other...
Understanding Compounding Charges Laws in Michigan Compounding charges refer to the illegal act of accepting or agreeing to accept a benefit in exchange for not prosecuting a crime. In Michigan, this is considered a serious offense, and the law specifically prohibits...
"Harris unveils new proposals targeting Black men as she looks to shore up Democratic coalition" CNNAmid the ongoing national issues, Vice President Kamala Harris introduced new initiatives on Monday aimed at addressing the needs of Black men as she works to bolster...
See you in the Home Depot lot.Oct 10, 2024 (Reuters) Cleary Gottlieb Steen & Hamilton will create a new category of non-equity partners, becoming the latest major U.S. law firm to move away from the traditional single-tier structure in which all partners have an...
Does the Michigan Regulation and Taxation of Marihuana Act protect you in all Marijuana scenarios?The Conflict The central issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a...
The "automobile exception" in Michigan law allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.This exception is grounded in the idea that vehicles are inherently mobile, meaning evidence could be...
A Colorado man is poised to receive a $400,000 settlement from city authorities after being wrongfully arrested for a DUI, even though he had passed both a breath and blood test.
According to the complaint, Elias was driving southbound on College Avenue in Fort Collins around 10:30 p.m. on Jan. 4, 2020. He was heading home after leaving his girlfriend’s house following a dinner party. Upon passing the intersection of Swallow Road and College Avenue, he slowed down to ensure he hadn’t missed his intended turn to the east.
After realizing he had not missed his turn, he accelerated again but observed a car following closely in an aggressive manner.
According to the complaint, Elias then signaled a lane change to the left lane, aiming to clear the driver’s path. It is mentioned that he executed the lane change normally, lawfully, and without encountering any issues.
Gates, who was driving the car, was working that night as a member of the then-recently formed Reduce All Impaired Driving inter-police agency task force looking for drunk or impaired drivers.
The complaint claims that Gates had been roving the streets of Larimer County that night “with the sole task of looking for and charging citizens with DUIs.”
“Gates does so because this is one of the most difficult allegations to disprove, given that Loveland PD does not employ dash cams (only bodycams) and so never capture the arrested individual’s actual driving,” the complaint reads.
Gates allegedly then began to question Elias on whether he had been drinking that night.
According to the complaint Elias was taken aback by this but remained steadfast that he had not committed a violation.
Gates then allegedly said he could smell an “overwhelming odor of alcohol” coming from the vehicle — the complaint disputes this claim.
Following continued questions, Elias invoked his right to remain silent and said he was not going to answer Gates’ questions.
The complaint claims that Gates did not have probable cause to continue to detain Elias at this point.
“But Officer Gates worked at the Loveland Police Department,” the complaint reads. “And LPD had a custom for the treatment of any person who refused to submit to their authority and questioning: They would be arrested.”
Elias declined to participate in a roadside test and made it clear that he would not provide any answers to Gates’ inquiries, as stated in the complaint.
He was subsequently taken to the nearby police station on suspicion of driving under the influence, according to the information provided. It is important to note that no drugs or alcohol were discovered in Elias’ vehicle, as stated in the lawsuit.
Elias’s breath test at the station yielded a 0% blood alcohol content reading, as stated in the lawsuit.
“I’m not going to play this game,” Gates told Elias, per bodycam footage posted by Elias’ attorney.
“I’m not playing a game, this is my freedom you’re talking about,” Elias responded.
Police then instructed Elias to undergo a blood test, which, according to the lawsuit, yielded negative results for all substances tested in March 2020.
Elias underwent an investigation of his pilot’s license by the Federal Aviation Administration due to the DUI arrest, as stated in the complaint.
Allegations have been made regarding Loveland Police Department officers engaging in a competitive environment amongst themselves and with other police departments, focusing on the number of DUI arrests made.
Elias’ attorney Sarah Schielke cited social media posts from a Facebook page, Mothers Against Drunk Driving, which promoted a timed competition for the most DUI arrests between departments.
Schielke has shared screenshots of an independent assessment conducted by Jensen Hughes, a private consultancy firm, in 2021.
According to the assessment, it was stated that officers from the Loveland Police Department prioritize DUI arrests over attending to other calls.
Elias’ attorney Sarah Schielke released a YouTube video.
Have you been arrested or charged with DUI?
Charged with a Crime? Lost Your License? Conspiracy or CCE? Thought Crimes?
Notably, Elias claims to have experienced another unjust DUI arrest in Fort Collins, a neighboring municipality to Loveland.
A separate lawsuit he filed against Fort Collins officers in May stated that he was arrested on December 2, 2021 and subsequently spent three days in jail, once again on suspicion of a DUI offense.
He had also successfully undergone a breath test and blood test, with both yielding negative results.
Elias had a child abuse report filed against him by an officer because his 15-year-old son was in his car, and he was prohibited by a judge from driving anyone under 18 for that time period, according to the lawsuit.
When Elias’ test results returned negative weeks later, the lawsuit stated that the case was dismissed.
It also alleges that the Fort Collins Police Department fosters a culture of vying for DUI arrests.
It’s remarkable that it happened to me twice,” Elias shared with CBS News. “I find it surprising that more individuals didn’t experience it twice. Their sole concern seemed to be adding another tally to their list, and I just happened to pass by on two occasions.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Michigan Court of Appeals - Recreational Cannabis Use and ProbationRecently, another pivotal case, People v. Lopez-Hernandez, was decided by the Michigan Court of AppealsAt Komorn Law, we are dedicated to protecting the rights of our clients and staying at the...
I was out driving my dad's boat on the lake and I got caught drinking. Can they take the boat away from my dad who was not with me?Happy Father's Day - DadNo, in most cases, they likely won't take your dad's boat away for you getting a DUI while driving it. They Could...
If it's got a motor, it's a BUIWe got lakes, we got boats, we got alcohol, we got cannabis all the fun you can possibly find on a holiday weekend in the summer. Just don't combine them all or you'll be calling us or your cousin Vinny. Operating a Boat Under the...
Can I drink alcohol and smoke cannabis if I'm canoeing or kayaking or tubing or paddleboarding or just floating around?While Michigan law doesn't explicitly forbid consuming alcohol on non-motorized vessels like canoes or kayaks, it's strongly discouraged for safety...
Redefining Impairment: Beyond THC Levels in Roadside Testing In recent developments that promise to reshape our understanding of cannabis use and road safety, a federal government report has cast significant doubt on the efficacy of using THC levels as a benchmark for...
An Independent Review of the Intoxilyzer 9000 Part 1 - Residual mouth alcohol detection Counterpoint Volume 2; Issue 2 - Article 3 (August 2017) An article in the Core Skills III-2 Module Jan Semenoff, BA, EMAForensic CriminalistThe opportunity to conduct an...
The validity of results issued by marijuana safety labs in Michigan and across the nation have been called into question. There are allegations of labs intentionally issuing higher THC potency test results — which makes the marijuana more valuable to retailers — and passing product that should have failed for reasons, such as, over-limit amounts of yeast and mold or the presence of potentially dangerous pathogens. like aspergillus.
Marijuana producers are the labs’ customers, so issuing low THC results or failing product may result in the loss of revenue for the lab.
The CRA is currently tied up in litigation with one of the state’s largest lab operators, Viridis Laboratories, which is founded by former state police and operates locations in Bay City and Lansing.
The CRA on Nov. 17, 2021, issued a recall on any product tested by Viridis. A state Court of Claims judge subsequently overturned a large portion of the recall that Viridis CEO Greg Michaud called “baseless, meritless and totally detached from science, facts and data.”
Public complaints issued against Viridis by the CRA called into question the validity of Viridis THC tests results and accused the lab of using testing techniques that have never been approved by the CRA.
When asked how the lab is allowed to use unapproved tests, Hanna said: “It’s a good question. We have pending litigation, so we can’t comment on pending litigation that’s in process right now. We’re aware of the concerns.”
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
LANSING – One of the men charged with creating fictitious documents while contracted to service law enforcement alcohol testing instruments will spend the first part of his sentence behind bars, Michigan Attorney General Dana Nessel announced today.
The instrument, DataMaster DMT (DataMaster Transportable), is more commonly referred to as a breathalyzer and measures the driver’s breath alcohol concentration after they have been arrested for suspicion of drunk driving.
In 2020, Nessel filed charges against Andrew Clark and David John for falsifying service records related to certain diagnostic tests and repairs on DataMaster DMTs. A four-month investigation led by the Attorney General’s Public Integrity Unit and the Michigan State Police led to the criminal cases. Specifically, the investigation found the defendants, who worked as technicians, created fictitious documents to show they completed certain diagnostic tests and repairs on two DataMaster instruments for which they had responsibility for calibration and performance.
two counts, forgery of a public record, a 14-year felony charge;
two counts, uttering and publishing, a 14-year felony charge; and
two counts, use of a computer to commit a crime, a 10-year felony charge.
Thursday afternoon, Judge Janice Cunningham sentenced Clark to serve 36 months’ probation with the first nine months served in the Eaton County Jail.
“Our public integrity team continues to demonstrate the great importance of pursuing bad actors who subvert the criminal justice system and threaten the integrity of our judicial process,” Nessel said. “We must show that those who undermine the public trust risk jail time in doing so.”
If your life was affected by this travesty of trust – Contact our office.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law PLLC and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
Eric Smith is the an American attorney and the former Prosecuting Attorney of Macomb County, Michigan. He resigned in 2020 after his arrest of embezzlement and corruption charges.
Eric Smith turns down request to run for Attorney General
Macomb County Prosecutor Eric Smith has declined a request by Democratic Party and union leaders to run for state Attorney General.
Smith, 51, the prosecutor since 2005, said he was asked to run last fall but informed state party officials last week that the time is not right for him to run. He enjoys his current job and doesn’t wont to inject disruptions of a statewide campaign and possible move to Lansing into the lives of his wife and three children.
‘I was approached by Democratic leaders and elected officials and a broad range of Democratic Party allies,’ Smith said. ‘I appreciated their interested and the discussions about this important law-enforcement position in our state. But … I decided this was not the right time for my office and my family.’
He said his office is running at peak efficiency and he isn’t ready to relinquish the reins.
He is very involved with his two daughters, Ella and Violet, 12 and 9, respectively, and son, Robert, 7, and their sports and other activities.
‘I’m coaching four teams right now,’ Smith said.
He said one of his assistants, Derek Miller, a former Democratic state representative and county treasurer, counseled and assisted him in the discussions with union, party and elected officials.
The post will be open with current Republican Attorney General Bill Schuette running for governor to succeed Gov. Rick Snyder, a Republican.
‘I think Macomb County would be represented well in Lansing for a change,’ he said.
