Possible problems for IN criminal drug cases

Patrick Renn
Patrick Renn
Keith Henderson
Keith Henderson

By Elizabeth Donatelli - bio | email

NEW ALBANY, IN (WAVE) - Hundreds of Hoosiers found guilty of crimes could get a second look. An audit found problems with some of the Indiana's Toxicology Department's marijuana testing.

Police arrest drivers for operating while intoxicated virtually everyday, some of them tested positive for marijuana. The audit shows hundreds of these tests could have problems.

"It's absolutely a concern," said defense attorney Patrick Renn.

The audit from 2007-09 shows one in 10 marijuana tests reported positive, could have errors.

"There's a potential that the flood gates get open, that all the sudden all these present cases and all these past cases where there may have been a conviction ... that all those get set aside," said Renn.

The Indianapolis Star reported the audit describes 50 as "a conscious manipulation of results" by lab workers. This could open the door for lawsuits, which could cost the state a lot of money.

"That's the way it should be because a lot of these people who have been wrongfully convicted," said Renn. "They've already plaid a great price by that wrongful conviction."

The Department of Toxicology will notify all of the attorneys involved in the 200 questionable results. Floyd County Prosecutor Keith Henderson expects very few to be from Floyd, but will review any impacted cases.

"I'm sure there will be some around the state, but considering the numbers we're being told now, I think it would be, as far as it would impact us locally, it would be very few if any," said Henderson.

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