Bogus test results put DUI convictionsin jeopardy

Hawley, Honedale results impacted; Pike still a question

By PAT CAMUSO

PIKE and WAYNE COUNTIES — The results of a Driving Under the Influence (DUI) trial in Lackawanna County may affect many such convictions in Pike and Wayne counties after a toxicology laboratory in Scranton was found to be inflating test results since last fall.

Andy Jarbola, Lackawanna County’s District Attorney, who estimated that the bogus results might affect more than 200 cases in Lackawanna County alone, disclosed the Toxi-Con Laboratory problem last week. Toxi-Con also served as a testing facility for both Pike and Wayne counties.

Several Lackawanna County defense attorneys who questioned high blood alcohol levels reported for their clients led the way in the discovery of the bogus readings. As a result, prosecutors and defense attorneys reviewed videotapes taken during police booking procedures. Jarbola said, “It was apparent that the suspects were not as drunk as Toxi-Con had reported them.”

Wayne County District Attorney, Mark Zimmer, explained that the Toxi-Con issue would not affect DUI cases in his jurisdiction as much as in Lackawanna County because the Pennsylvania State Police crime lab does the majority of Wayne County testing. According to Zimmer’s office, any DUI cases originating from Hawley, Waymart and Honesdale borough’s police departments, however, do employ Toxi-Con for blood testing.

Both Zimmer and Jarbola are now reviewing case files to determine what cases may be affected. Pike County District Attorney Doug Jacobs says it is too early to tell how the Toxi-Con issue may play out in Pike County adding that most DUI cases are prosecuted on several levels and do not rely on blood alcohol tests alone.

According to Zimmer, two men pleaded guilty to drunk driving charges on Wednesday, July 3 in Wayne County Court in Honesdale, even though their attorneys were told of the Toxi-Con issue and offered re-testing. Another Wayne County DUI case, however, has been postponed because of the issue.

Toxi-Con, who also performs drug testing for Lackawanna County’s Work Release Center, could not be reached for comment but according to Jarbola, preliminary information is pointing towards one technician who might not have been performing the tests correctly.

In Lackawanna County, all blood samples slated for testing are now being sent to American Medical Laboratories in Virginia. Zimmer says testing in Wayne County is now being performed at the state police crime lab and at Clinical Laboratories in Scranton adding that any re-testing fees will be billed to Toxi-Con.

Jarbola said that Toxi-Con might again perform blood alcohol tests for the county once they prove that the problem has been solved.