Criminal Law Questions? Ask a Criminal Lawyer.
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You said 1) The state labs in Oklahoma have reference manuals that describe the testing process and proper levels, they are not digital, thus you have to actually subpoena the manuals from them as these are the guidelines the state police labs use.
What do you mean by "they are not digital" is that some reference to not being available on the web? My question or complaint is even though OSBI has it's on books, what level causes a person to be DUI should be the same in all the books which ultimately come from the scientific community who does the studies. So OSBI should be in line with the rest of the scientific community. Am I right or wrong?
What I think we have here is not just some toxicologist who mistakenly lied under oath but knowingly lied under oath. So the only way to find out for sure seems to be to get the manuals they are using. Do I understand you correctly? And in order to get those manuals would a person have to first make formal charges against the toxicologist and then in a trial subpeona those books they use?
What if the defendant gets their manuals and finds there is nothing in them to support what the toxicologist said in court under oath which means the toxicologist knowing lied under oath?
And most likely the prosecutors knew he was lying or even requested him to lie because this was a very politically important case for them. What would be the next step?
Have you ever heard of such a thing happening? (I would guess it goes on all the time.)
Ok. Sounds great. This is a case where the defendant has already gone through appeal and appeal was afirmed. The defense attorney did not object to the testimony and neither did the appeal counsel. The defendant's relative has now found an expert and studies that completely dispute the testimony of the prosecution's expert. The defendant has just filed application for post conviction relief. Studies have been attached and it is explained he has expert willing to testify prosecutors testimony is not based on science. So if the defendant can somehow get those manuals that prosecutor expert uses and it is shown that their is nothing in them to support his argument, the prosecution expert could really be in trouble couldn't he ? And the defendant get a new trial or case dismissed?
You said "The prosecution would simply have the case vacated on appeal..." Is that the same as the charge is dismissed or are you saying there would be a retrial?
Back to trying to get the manuals used by state's toxicology expert witness at trial. Instead of the defendant trying to subpeona the books for his post conviction relief possible hearing, can he file a motion for discovery or motion to compel to get those books or pertinent pages of the book?
If the defendant subpeona the manuals or pages would there already need to be a hearing scheduled and would he address the subpeona to the witness and explain exactly what he is looking for like: " I would like the manual or pertinent pages that say that 1-1.5 ng of thc causes driving impairment as you stated at trial case #XXXXX date, etc"? Also would prosecutor and judge be given copy of this subpeona?
Is the request directed to the toxicology expert or to the toxicology department in general? I am concerned about directly contacting a prosecution witness or former witness. Couldn't this be a problem for the defendant? This is why I asked the question if there could be some kind of motion like discovery to have the prosecution get this information for the defendant.The defendant does not have a lawyer and he is in jail so a relative will have to do most of this for him. He will be able to sign whatever is necessary.
You said above "If you prove the prosecution intentionally lied, they could be in big trouble such as losing their license to practice law." It would seem to me that an experienced prosecutor, probably having handled many marijuana cases would know that 1.1 ng of thc would not have any effect on a person and therefore this was clearly a conspiracy between the DA and the toxiclogist to win this case. (This was a very important high profile, political case) What do you think?
And if this was a conspiracy, not only could the prosecutors involved lose their license wouldn't this be a felony for the prosecutor as well as the toxiclogist?
Also I just found out there is a state department that certifies the toxicoligist that work for the state on a yearly basis, couldn't I go to them and let them know that a toxicologist said something under oath that is not consistent with any scientific study?
What could the charges be for DA if found to be conspiracy?
Also if I report this to the certifying agency and they investigate and find out that in fact toxicologist did not have any scientific basis to make his statement, wouldn't that void his testimony in court and cause the sentence to be vacated?
You mentioned the agency would have to report it's findings to the court. If the findings were that there was no scientific basis for what the expert testified to in court, what would the judge do?
Also could a person make a complaint to the attorney general that he suspects there was suborning perjury by the DA and give the attorney general his reasons for the suspicion?
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