The Scottsdale Crime Lab, in Scottsdale, Arizona, is coming under fire after a judge threw out evidence in several DUI cases because of faulty equipment in the lab.  New information has surfaced about how much the employees actually knew about the machine.  The accuracy of hundreds of DUI cases are being called into question because old software was installed on new blood testing equipment.

“There’s probably 2 1/2 years of litigation on this wall,” said attorney Mark DuBiel. He said new information coming to light indicates Scottsdale Crime Lab employees may have known.

“Not only is the machine not trustworthy, the people working in the crime lab are not trustworthy,” DuBiel said.

In May of 2012, someone with the manufacturer of the machine wrote a crime lab analyst thanking him for raising concerns about the machine.  But that employee testified a year later that the machine was working properly.  In November 2012, the head of the crime lab wrote that she didn’t have confidence in the technical leader.  In March, the crime lab’s technical leader emailed the manufacturer about the correct software because it had been causing problems for them.  Ten days earlier, lab employees testified in court that the machine was accurate.

“The crime lab is intentionally not disclosing that,” said attorney Craig Rosenstein, “The crime lab itself engaged in a series of deceptive maneuvers…”

The Maricopa County Attorney’s Office will be appealing the ruling and the police department stands by the crime lab.

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