Leaders of Indiana’s prosecuting attorneys association and other prosecutors were told more than two years ago about concerns regarding Indiana State Department of Toxicology test results, which are used as evidence in criminal cases, reports the Indianapolis Star. Legal experts and defense attorneys say it’s troubling that the prosecutors kept that information to themselves.
Instead of informing defense attorneys or pushing for an investigation of the lab’s work, prosecutors continued to use the results — often critical to winning convictions or leveraging plea agreements. Not sharing the information, defense attorneys contend, smacks of a cover-up. They see it as an attempt to quickly and quietly move on without calling into question the work of the lab. Besides raising the likelihood of wrongful convictions, the situation raises the possibility that someone who committed a crime might have been cleared by an incorrect test result.