Police
DUI Experts Instructed to Commit Perjury
Information
courtesy of Lawrence Taylor - DUIblog
A key
witness in most DUI trials is the prosecution's crime lab blood-alcohol
expert, often called a forensic toxicologist. He will explain to
the jury what the breath or blood test results were and what they
mean; what the probable blood-alcohol level was when the defendant
was driving; and that the breathalyzer was properly maintained,
calibrated and in proper working order at the time of the test.
To say the least, the honesty and accuracy of this expert's testimony
under oath is critical to the outcome of the trial.
Unfortunately,
this witness is often less than honest and objective in his testimony.
As a law enforcement employee, he sees his job as helping the prosecutor
to secure a conviction -- and commonly tailors his testimony accordingly.
The
same is true of phlebotomists (technicians who draw a blood from
the suspect) who testify as to the procedures used for drawing the
blood, identification of the blood sample, etc. The expertise and
honesty of this witness is equally critical in a DUI trial.
The
following is a complete and verbatum (emphasis in the original)
copy of a set of instructions given by the San Diego Police Department
to their blood-alcohol technicians testifying in a drunk driving
trial (presumably, a different script exists for toxicologists):
COURT
TESTIMONY
You
will be asked your name.
You
do not have to remember drawing [blood from] the particular defendant.
Just say you draw many patients each day you work and it is impossible
to remember each one.
You
may be asked how you draw the blood. It is the standard procedure
you follow for ALL blood draws, EXCEPT that you use a NON-ALCOHOLIC
antiseptic wipe (Benzalkolium) to cleanse the phlebotomy site.
You ALWAYS
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