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Wednesday, October 24, 2012
BAD BROWARD BLOOD
The following is a letter fron Ken Hassett. Ken is the only person in the history of the world who has been president of the Miami chapter and Broward Chapter of the FACDL. The letter is in regards to some problems (shocking) in the way Broward does things. In particular, the Broward ME's office appears to have been run in a slipshod manner. But then again, guilt or innocence or science has never been that important to Mike Satz and the Broward SAO:
Dear BACDL/FACDL-Miami members:
Last night I had a conversation with Mike Satz regarding the Broward County
Medical Examiners office and their procedures with respect to the testing of
bodily fluids. If you had a case in Broward in the past ...years, where your
client's or witnesses bodily fluids were sent to the M.E.'s office for testing
of a controlled substance, etc, you may now have some more work to do. This
could potentially result in new information that you could use to request a new
trial, etc. This could affect DUI's, DUI manslaughter's and any other case where
they tested for a controlled substance. The M.E. has specifically advised that
it does not include tests for alcohol content (I do not yet know how or why).
The current M.E. has now sent the attached letter to Mr. Satz who has forwarded
same to me.
The letter basically states that the new M.E., DR. Craig Mallak, has
ordered the investigation of all testing of bodily fluids that were conducted
during the past 10 years. (i.e., under the previous administration).
The letter states, in part,:
"Most likely, the results provided to the State Attorney's office in the
past have been accurate; however I felt a moral and ethical obligation to
provide you with this information. In early September, I directed to staff to
begin gathering data on the number of live persons' samples that tested positive
for drugs in the past ten (10) years; that data was provided to you in hard copy
during our meeting today and comprises approximately 3600 individual cases. It
is my understanding there is no definitive evidence to suggest that the actual
results reported were inaccurate; however, the methods used to extract the
information were not previously scientifically validated."
Our question of their expert in any case is logical. Can you state with
any degree of scientific certainty that the test results in this case are
accurate? After the above statement, how could they answer yes in a deposition,
hearing or trial?
Mr. Satz advised me that he has also advised Howard of these
developments. I have placed a call to Howard Finkelstein to discuss this matter
I will keep you informed as I receive further information.