Let's see Colleague and friend Patrick Korody has this list. He missed several.
The Brooks Air Force Testing Lab. Ultimately prosecutors and the appellate courts got tired of hearing about this problem and decided that after several months it was no longer relevant. See United States v. Jackson, 2003 CCA LEXIS 27 (AFCCA); United States v. Gonzalez, 2003 CCA LEXIS 57 (AFCCA); United States v. Mann, 59 M.J. 27 (AFCCA 2003). It seems to me I recollect an issue some years ago where the tester at USACIL(?) had been using drugs and doing so when on duty. ??? (Anyone else remember that one?) Then there was the infamous "Mobley" letter, which was not appreciated. The "Mills" problem and USACIL. See United States v. Luke, 69 309 (C.A.A.F. 2011).
Donald G Rehkopf, Jr.
9/20/2023 13:14:55
Circa 2000 - Navy Drug Screening Laboratory Jacksonville - a case of samples was left unsecured over the weekend in an unlocked trunk of a GOV. CoC documents altered to show it was in secured evidence locker.
Cloudesley Shovell
9/20/2023 14:44:04
Same issues at civilian employers where drug testing is required, for example by DOT regs. Any testing regimen is only going to be as secure and trustworthy as the worst person in the chain of custody & testing. 9/21/2023 13:08:09
But those civilian employees don't get to be prosecuted at court-martial and jailed, etc., etc., etc. 9/27/2023 13:29:56
How about the 2017 GCM in San Diego where a command's UPC was cutting the tamper resistant tape on his shipmates' urine sample bottles and switching out the urine samples (thereby causing his shipmates to then test positive) and NDSL never caught on to the tamper resistant tape being tampered with. See US v Perez..
William Cassara
9/27/2023 14:16:33
I did a case at JBLM where the retest showed a second source of DNA in the sample. Clearly tampered with. Comments are closed.
|
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
Co-editors:
Phil Cave Brenner Fissell Links
SCOTUS CAAF -Daily Journal -2024 Ops ACCA AFCCA CGCCA NMCCA JRAP JRTP UCMJ Amendments to UCMJ Since 1950 (2024 ed.) Amendments to RCM Since 1984 (2024 ed.) Amendments to MRE Since 1984 (2024 ed.) MCM 2024 MCM 2023 MCM 2019 MCM 2016 MCM 2012 MCM 1995 UMCJ History Global Reform Army Lawyer JAG Reporter Army Crim. L. Deskbook J. App. Prac. & Pro. CAAFlog 1.0 CAAFlog 2.0 Archives
October 2024
Categories
All
|