Story Archive

Testing Under the Influence

The lab that tested Rosemary Decosimo’s blood for her drunk-driving case stood to be paid $250 if she was convicted — but not if she was acquitted. The fee, charged to defendants as part of their court costs, went to the Tennessee Bureau of Investigation’s intoxicant testing fund. “While we acknowledge that TBI forensic scientists could lose their jobs if they falsify test results and these falsifications are discovered,” wrote a state appeals court in Knoxville, “we also recognize that forensic scientists would most certainly lose their jobs if funding for their positions disappears.” That incentive to find evidence for conviction made the fee system unconstitutional, the court held. The state may appeal, but meanwhile defense lawyers are gearing up to challenge other DUI cases. (AC/Memphis Commercial Appeal) ...Let’s hope they're gearing up under the influence of something better than alcohol or a conflict of interest.