A new finding has shown that many drug test results from LA-based Pacific Toxicology may have shown false positives on the drug test, leaving many innocent people in jail for misdemeanor drug charges.
Ten people from Vista have already been released from jail and San Diego criminal lawyers expect that many of their clients will have their cases dismissed or overturned due to the report. Reports show that as many as 1000 test results may be void, but prosecutors are avid that not all of the tests will result in overturned cases or dismissals.
The faulty results span all the way from May until now. Since the scandal, the San Diego police have stopped working with the lab for the time being.
To read more about the issue, see the article in the San Diego News Network. Image Via spratmackrel [Flickr].
In a courtroom first, an fMRI brain scan was permitted to be used as evidence. The scan was entered into the trial by the defense attorney of Brian Dougan, who was accused of raping and murdering a 10 year old boy. The defense was hoping to use the evidence as proof that Dougan was psychopathic and therefore, ineligible for the death penalty. While he was still sentenced to death for his crimes, the use of fMRI scans in courtroom trials opens up new opportunities for defense attorneys everywhere.
A recent Supreme Court decision has already been resulting in an increased number of acquittals in drug and dui cases. The decision from Melendez-Diaz v. Massachusetts says that prosecutors must present a lab analyst for cross-examination in order for forensic evidence to stand in court. Prior to this decision, prosecutors were permitted to enter a paper lab report as suitable evidence.