LondonJohn
Penultimate Amazing
- Joined
- May 12, 2010
- Messages
- 21,458
Here is some more information on North Carolina’s SBI forensic lab problems. At issue is how to report a negative confirmatory blood test, which is a slightly different situation from the one in the present case.
“In February, a three-judge panel declared Greg Taylor innocent of a 1991 murder, in part because of an SBI lab report that withheld the results of blood tests favorable to Taylor. A subsequent independent audit identified 229 similar cases where crucial test results were withheld or not reported…In Taylor's case, an alleged blood stain was the only physical evidence tying him to the murder. The presumptive test was positive; the confirmatory test was negative. The lab report made no mention of the negative confirmatory test. The same thing happened in Allen's case. Prosecutors said the most important evidence that Allen sexually assaulted and killed his girlfriend's daughter was a pair of bloody panties. A presumptive test indicated the stain was blood; two subsequent confirmatory tests were negative. They were not included in the lab report.
In both cases, the SBI lab reports simply said there ‘were chemical indications of blood.’ Several North Carolina prosecutors have said they understood this phrase to mean the evidence had blood on it, and they were unaware that confirmatory tests had been negative. The other labs, with one exception, were clear in their reporting of test results, Wolf found.
The FBI's written policy directed the analyst first to report the positive presumptive test results. If the confirmatory test is negative, the analyst would write, ‘Further testing could not confirm the presence of human blood.’”
Interesting. And yes, it's bad enough not to report a negative confirmatory test. But - as you say - the situation in the Kercher case was even worse: a failure to report a negative for a presumptive blood test.