INDIANAPOLIS — A state drug-testing lab provided incorrect test results for use as evidence in criminal cases, according to a report by the Indiana Supreme Court, opening the door possible legal challenges.
A task force headed by two judges from the Indiana Court of Appeals found at least five cases where retested samples "did not reveal any of the substances originally reported," the Supreme Court said in a report.
The report also found that about 500 samples at the Department of Toxicology lab were either inadequate for retesting or showed some presence of drugs or "a successor substance," according to the Indianapolis Star.
The cases reviewed by the task force were only a fraction of the thousands of positive marijuana and cocaine tests called into question by an independent audit of lab procedures and an investigation by The Indianapolis Star. The lab tests blood and urine samples for police agencies. A positive test alone is often enough to prompt a guilty plea.
Former Marion County Prosecutor Scott Newman oversaw an audit that found extensive problems with the lab's processes and documentation. Since then, Gov. Mitch Daniels has appointed a three-member panel to oversee the lab that has largely downplayed the problems.
"I think the Supreme Court was concerned, given the seriousness of the issues, that no one was driving this forward to give the public confidence that something was being done and with a sense of urgency," Newman said.
The five-member task force, established last fall, reviewed results from the retesting of about 500 samples originally tested by the state lab from 2007 to 2009 that were reported to police and prosecutors as positive.
But it didn't specifically delve into the overall quality or reliability of the lab's work.
The one agency that does have more information on the test results and the quality of the lab's work is the Department of Toxicology, but it isn't talking.
Department attorney Teri Kendrick last month denied a public records request from The Star seeking the test results. The Star is appealing that decision with the state's Public Access Counselor.
The Supreme Court's statement did note that in the 500 cases reviewed by the task force, 497 defendants pleaded guilty to crimes and 18 are in jail. It was not clear whether any of the false positive test results involved the 18 people incarcerated.
Larry Landis, executive director of the Indiana Public Defender Council, said some people may have pleaded guilty based on bad lab test results.
"Public defenders rely on those results," he said. "You assume they are right."
Chief Justice Randall T. Shepard said the legal system is preparing to handle any questions and appeals that might emerge.
"I think there is still a great deal to be learned about the details of individual cases and even classes of cases," he said. "But I am confident in the path the task force has identified for individuals to raise questions they may have about their cases."
The most likely approach to challenging testing results is through a legal process called post-conviction relief, which allows for an appeal based on new evidence.
Indianapolis defense attorney John Tompkins said the public needs full disclosure of the lab's problems.
"Not telling the results is like not telling the truth," Tompkins said.
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