USADA presents at the ACS National Meeting about Doping in Sports On March 23, 2015, Attorneys Justin J. McShane of The McShane Firm, LLC and Josh D. Lee of Ward, Lee and Coats moderated a symposium at the national American Chemical Society meeting in Denver, Colorado. The symposium concerned the chemistry and the law […]
Man Freed After Serving 35 years 11 months and 8 days in Prison for An Arson-Murder that Wasn’t
PRESS RELEASE Press Conference on Saturday January 24, 2015 at 1pm at The McShane Firm, LLC 3601 Vartan Way, 1st Floor, Harrisburg, PA 17110 all are welcome. Man Freed After Serving 35 years 11 months and 8 days in Prison for An Arson-Murder that Wasn’t (Harrisburg, PA and Bellefonte, PA)– In July 1979, James Hugney […]
Low Copy Number DNA and Forensic Statistical Tool fail Frye test
Low Copy Number (LCN) DNA and a mixture DNA interpretation have been a subject of parts of blog posts here in the past. On November 7, 2014, Brooklyn based Justice Mark Dwyer has issued an opinion the LCN DNA and a specific type of diagnostic and alleged statistical tool for the interpretation of mixture DNA […]
TSA Agents Amanda Zug, Shawn Knaub and Kendall Bradley provide a teachable moment in cross-contamination and the need to adhere to contamination protocol
TSA Agents Amanda Zug, Supervisor Shawn Knaub and Manager Kendall Bradley provide a teachable moment in cross-contamination and the need to adhere to contamination protocol I begin this post with a declaration and acknowledgment upfront. I am a Trusted Traveler. I went through the application, background check, and less to obtain my Global Entry ID. […]
Is your Crime Lab Out of Tune? What is a Tune Report and Why is it important in GC-MS work?
What is a Tune Report and Why is it important in GC-MS work? Would Eric Clapton ever play a concert or for a recording on an out-of-tune guitar? Of course not. The tune on a GC-MS instrument is as important if not more than the tune on Eric Clapton’s guitar. When the result matters, Clapton […]
It depends on what your definition of “positive” is? TLC in marijuana testing
Like Bill Clinton’s famous re-framing of the issue in this video: It depends on what your definition of “positive” is? TLC in marijuana testing We have posted here before about the Thorton-Nakumura protocol that is used throughout the United States for the prosecution of illegal possession of marijuana (in its solid drug dose pre-consumption form). […]
Even the government acknowledges the difficulty of proving impairment in a DUID case
Even the government continues to acknowledge the difficulty of proving impairment in a DUID case. Just a day ago…. NHTSA’s Understanding the Limitations of Drug Test Information, Reporting, and Testing Practices in Fatal Crashes by Amy Berning & Dereece D. Smither was released. This recent publication reads as follows: In addition, while the impairing effects […]
What does reprocessing mean on a chromatogram?
What does reprocessing mean on a chromatogram? Reprocessing of the data generally means that after the data is acquired, the chromatograms are subjected to some sort of manipulation, meaning data processing. I know that to defense attorneys that when they read the word “manipulation” that is like nails on a chalk board to them inherently. […]
What else smells like marijuana? Is “smells like marijuana” a valid perception by police?
Judge: “What else smells like marijuana, counsel?” Attorney: “Is ‘smells like marijuana’ a valid perception by police?” The problem is that “smells like marijuana” reports are entirely an unverifiable subjective opinion. It is unverifiable because even if marijuana is found that might be a function of random chance as opposed to olfactory detection. Smell is […]
CODIS, NDIS, SDIS, Familial Searching (Partial Match and moderate stringency) and Arrestee and Offender Database Searches versus expungment
Are results expunged from the CODIS or SDIS databases and why should I care one way or another? Maybe you are like me. I like it when crimes are solved. I like it when the true perpetrator is arrested, fairly tried and convicted. I like that there are prisons to house the truly dangerous. But […]
The myth of “therapuetic range,” “cookie cutter pharmacology,” and why DUID Impairment cases remind me of Forrest Gump
There is a myth among prosecutors, defense attorneys and judges that is propagated time and again all over courtrooms in the US that involves the idea of “therapeutic ranges” when it comes to DUID cases and prescribed drugs. The notion is that there is a one-size fits all chart that we can all refer to […]