This unpublished felony DUI case presents some appellate court language on the admissibility of blood evidence of Clonazepam and Oxycodone (no alcohol). Mr. Johnson argued numerous points but the appellate court ruled that because a toxicologist testified on the topic that the State met its burden. My summary, we trust the Washington State Toxicology Lab and so any testing that produces a result is admissible. Specifically, Mr. Johnson argued:
1. The use of expired tubes did compromise the validity of the blood test results.
2. The amount of blood collected in this case was not sufficient for analysis and mixture of the Sodium Chloride and Potassium Oxalate.
3. That the blood samples were sufficiently mixed with the anti-coagulant and enzyme poison.
Dr. Nuwayhid testified to the blood testing but was not the toxicologist who did the actual testing. Mr. Johnson apparently did not argue his right to confront the actual tester.
The appellate court engaged in a factual discussion in support of the lower courts ruling of admissibility of the blood test measurement results. To understand the logic of the court is to understand the deep trust that exists between the prosecutors, the courts, and the Washington State Toxicology Lab. Regardless of the long list of fraud, bad science, and evidence of prosecutorial bias, the courts continue to feel better when they trust the science of the lab. Here’s an example:
First, there was substantial evidence to support finding 1, that use of expired tubes did not compromise the validity of the blood test results. Dr. Nuwayhid testified at the CrR 3.6 hearing. She explained that the expiration date on the tubes refers to the shelf-life of the chemical additives in the tube and not to the vacuum seal’s life. She went on to state that the additives in the tube, sodium fluoride (enzyme poison) and potassium oxalate (anticoagulant), are stable components. She testified that the anti-coagulant was properly mixed into the blood sample because the sample was still liquid when she tested it. Dr. Nuwayhid also explained that a vacuum seal will lose its effectiveness over time, but if that happens, the tube will not be able to draw blood. She explained what would happen if the vacuum seal were compromised, allowing bacteria into the sample, and the enzyme poison did not work. Bacteria growth would decrease the concentration of the Clonazepam (the benzodiazepine) and would not affect the Oxycodone (the opiate) in a blood sample.
The court did not consider confrontation issues. The toxicologist that actually did the testing did not testify.
Rule of Johnson – Blood test is admissible if Washington State Toxicology Lab Analyst says its an okay measurement.
State v. Michael Duane Johnson, Court of Appeals of Washington, Division I, UNPUBLISHED, No. 66733-5, April 18, 2011.