• 18
  • November
    2011

The New York state inspector general released a scathing review of the Nassau crime lab early this month, nine months after the lab was shut down because of concerns over repeated and widespread forensic errors.

The report has Long Island criminal defense lawyers raising questions about the validity of Nassau county drug convictions. Some are pursuing lawsuits after retesting of the lab's drug chemistry results revealed flaws in more than 10 percent of samples.

Re-testing is expected in approximately 3,500 felony drug cases. Already, the re-testing has resulted in two convictions being overturned. The effort is costing Nassau County about $100,000 a month.

In a press release, Inspector General Ellen Biben said that "the chronic failures of the Nassau County crime lab deprived Nassau County, the criminal justice system and the public of their right to have complete and unfettered confidence in forensic testing." She is calling for a total overhaul of the County's forensic evidence testing system.

Problems Due to Poor Supervision

The report found that the lab suffered as a result of weak leadership and poor quality management protocols. It also found that the lab employed analysts with spotty training and questionable qualifications, and allowed those analysts to use outdated and incomplete testing procedures.

The inspector general's report was most critical of the Nassau County Police Department itself. It said that problems with the crime lab were magnified by top police officials' failure to pay sufficient attention to lab operations, even in the face of clear warning signs. The report also blames the police department for failing to report forensic problems to the district attorney.

It remains unclear what the future will portend for New Yorkers previously convicted of Long Island drug charges. However, the state inspector anticipates that more convictions will be impacted as additional evidence emerges.

New York drug crimes are serious charges. If you have been charged with a drug crime, or if you were previously convicted and you think you may be affected by the crime lab problems, contact an experienced Nassau County criminal defense lawyer who can help protect your rights.

Source: NBC New York, "Report Faults Nassau County Police, Officials for Crime Lab Failures," Jonathan Dienst, Nov. 11, 2011.