Defendents suspected of driving under the influence have 2 blood samples drawn.
That 2nd sample is provided to the individual to be re-tested by an independent lab.
Defense attorneys know that their client has 2 samples and that their client can
have that 2nd sample tested elsewhere.
So, no one's lives are at stake, because a lab didn't attain a higher "voluntary" accreditation.
If people fail to take advantage of their 2nd blood sample for testing at a different lab,
then the fault lies with themselves and their defense attorney.
There are many very simple reasons (not failures) for a lab not reaching the higher voluntary accreditation level.
It only means the lab doesn't put that extra "feather" in their "testing hat."
As long as the lab is still meeting all good laboratory practices and standards, the lab continues to perform testing and testimony and doesn't have to remove their "testing hat."
The only "scandal" that is apparent here is that some defense attorneys might not fully inform their clients of their 2nd sample for testing by an independent lab.
Meanwhile, in an effort to have a wholesome discussion....
This one paragraph says a lot: "There are signs that evangelicals' softening on immigration reform reflects a changing theology of sin and Christian obligation: a growing appreciation of how unjust social and legal institutions and the brutality of global capitalism trap the world's tired, poor, huddled masses. This may be particularly true of younger evangelicals who are disillusioned with their parents' Christian right."
It means younger ones GOT the message of the "occupy" protests and angry mobs of people around the globe who protest meetings of the IMF, G8, Finance Ministers, World Bank, etc.
It means that when people look at immigration and human dignity issues through the lens of WWJD, they see how very wrong are their bigoted parents and anti-reform loudmouths.
It means that images of fat old angry white slobs riding around in Tea Party Express buses trying to kill health care for all Americans drove the younger ones to say "WTF is that about?" They got the message that the Tea Party is about white power and corporate greed.
It means that the young ones see the horror that's hidden behind corporate logo's like Nike's, where products are made by people who live in stunning poverty like Nike workers in Cambodia who are making $14/month with ZERO benefits - or any kindnesses at all. WWJD?
They see the insane greed that recently caused a factory collapse in Bangladesh that has so far killed 1100+ sweaty serfs trying to make a living in deplorable conditions.
Nike, at al, deflect by saying they don't set labor wages or working conditions or building codes in foreign nations. Imagine that.
The young see through the hypocrisy of the GOP and religious right's lofty talk and gutter reality. The GOP panders to the religious right, racists, gunners, and other blocs to craft together enough votes (and money) to sway an election. I wish them ever more failure.
Marvelous article. Really is.
Too bad that comments by siggie and TT are typically execrable. If the Indy ever enforced any standards these two tirds would be flushed and gone, but at least we do get see what many so-called conservatives are really like.
Voluntary accreditation doesn't make sense.
Peoples lives are at stake in capital punishment cases, but also at stake is whether or not a possibly innocent person spends a lifetime in prison, or a person is wrongly convicted of DUI and incurs many thousands of dollars of costs for years to come.
If I were a defense lawyer and my client was being tried on evidence from a lab that FAILED the accreditation process you can bet that I'd insist that the evidence be thrown out.
Voluntary or not, this lab FAILED accreditation!
WHY did it fail? WHY was this "leader" unable to get her lab accredited?
Why should we keep her if her lab FAILED to pass the test and thus assure that high standards are maintained?
There's a scandal here and with her departure there's movement in the right direction.
Re: "More to the story..."
You can make up any story you want if you have that mentality, or you can educate yourself:
Clinical toxicology laboratories are subject to federal law including mandated options
for accreditation (CLIA) and forensic toxicology laboratories are subject to varying levels of voluntary (did you catch that word? "Voluntary") accreditation.
The difference being, if a "clinical" lab performing testing for patient treatment, fails accreditation, they can no longer perform clincal lab testing on patients. That is not the case for forensic toxicology labs, where testing is not for patient treatment.
And yet another fact that may need repeating: People retire after lengthy service to their employer (20, 25, 30 years) for a variety of reasons, such as caring for aging family members, spending time traveling, etc. Should tread lightly when making false assumptions and connecting the dots incorrectly. Only makes you look foolish in the end.
So, who does accredit these labs?
Does this state, or other states, require any accreditation at all of these labs?
It sounds like this state sought accreditation and failed. There's more to this story...
Hey happy, does your moniker "happyfew" refer to the two brain cells you have left? Tell me something genius, do you really think that the majority of Americans will be voting for another loony liberal after the travesty Obama has made out of the office?
Do you have any idea what is happening right now on the national stage? Your boy is in serious trouble.
teabaggers everywhere are destroying any chance that anyone but old farts, red necks and rich people will vote for repubicans... not that this is a bad thing.
Seems to me what immigrants want is immediate access to what American citizen's have spent their life times creating.
I have benefits as part of a life long participation in and contribution to health insurance, social security, medicare...and all the safety net programs funded through payroll taxes etc.
The benefits are only available to me and to others citizens after 40 quarters of participation and payment. So too it should be for immigrants.
Otherwise it is re-distribution of wealth rather than a national program for the common good of its citizens.
Do we really want to turn America into Mexico?
Mc: seems to me the ignorance and hate are coming from you. I'm not a member of the Tea Party, but it is my understanding they are for lower taxes or at least responsible use of our tax dollar and adherence to the constitution. That does not sound like the "antithesis of everything American" to me. From where do you derive your bigoted opinions?
The Tea Party is the antithesis of everything American. Their only values are ignorance and hate, and they are proud of it.
I am simply stunned. Mr. K finally put forth a post that makes absolute good sense.
I might add that one should select a (four year) college or university that one can afford. We all can't go to Harvard or CU for that matter.
Regarding "Shouldn't a failure to gain accreditation indicate a need for new leadership?"
Answer: No. ABFT accreditation by forensic toxicology labs is not required in the state or the USA.
Thanks for sharing the joke, Mr. K!
Appears to apply to disbarred attorney's, too.
I recommend to anyone who cannot afford a college education, find a low-skilled job first, and use what money you can save above and beyond living costs, to take no more than one or two courses per session. There is no law that says you must finish college in four years. You will find you will move up in the job world as you move along through the university and wind up on graduation with actual experience on your resume, which means better prospects than the four-year graduate--and no debt to pay off.
There is an old joke among lawyers: If you have the facts on your side, argue the facts; if you do not have the facts on your side, argue the merits; and if you do not have the facts or the merits on your side, argue like hell!
Golly Ellen, spoken like a true whack-job liberal. In your narrow little mind, one is either a vegan or a heart attack. I'll put my health up against yours and Miz Fields and come out on top. Want to wager? The only thing the vegans have right is single source foods.
The path to health is through moderation in what one ingests and EXERCISE not radically drastic lifestyles.
This line from one of the prior posters says it all: "...Ms. Burbach's laboratory was denied accreditation by the American Board of Forensic Toxicology ... "
How bad does a lab have to be for it to be denied accreditation?
Shouldn't a failure to gain accreditation indicate a need for new leadership?
Following a simple Google Search on the poster "Coloradowrits" (Coloradowrits = Vincent Todd).
and a simple Google search on "Disciplinary Actions by the Colorado Bar Association against Vincent Todd":
Readers can learn more:
"Following a Reinstatement Hearing pursuant to C.R.C.P. 251.29, a Hearing
Board denied a petition for reinstatement filed by Vincent C. Todd (Attorney
Registration No. 12955), on August 9, 2006. The Colorado Supreme Court
affirmed the Hearing Board’s decision on June 28, 2007. The Hearing Board
found that Petitioner failed to provide clear and convincing evidence of
rehabilitation from the conduct that led to his suspension as required by
It's very sad that today in most occasions higher education is impossible without getting in debt. College is almost a luxury today and that’s why lots of young people take out loans and get in debt to get a college degree. I think that college education is very important, it’s a worthy investment because people with college degree have more career opportunities. But on the other hand, college degree isn’t a guarantee of a wealthy life. In case you have a student loan debt you’ll spend your best years to pay it off. Many graduates work below their skills and use http://northenloans.ca/short-term-loans.ht… to make payments on their student loans.
So, in the month prior to her retirement the CDPHE receives an outside report (that it contracted for) on her bias and job performance, she is removed as Toxicology Laboratory program manager, and prosecutors in a vehicular homicide withdraw her as a witness when faced with a court order that the outside report must be turned over to the defense if she testifies; and it's speculative to suggest that her retirement was brought on by her misconduct catching up with her?
What kind of expertise is displayed by not being able to read your college catalog or remember the written application for degree you submitted as a college junior in order to know that you did not have a double major (something which required an additional year of coursework beyond what Ms. Burbach completed)?
How was it that Ms. Burbach testified on March 30, 2012, describing her duties, that she works on the Toxicology Laboratory's national accreditation (the American Board of Forensic Toxicology accreditation) when she had done nothing on the ABFT accreditation since being informed on December 31, 2010, that her program failed the accreditation inspection? Do you speak in the present progressive tense about something you haven't done in fifteen months?
Court transcripts show that, over the years, Ms. Burbach testified that she had as many as sixty hours of Chemistry at NMSU; in an affidavit she authored in December of 2012, she admitted that she had received credit in only four Chemistry courses at NMSU. On May 3, 2013, the CDPHE's own Laboratory Certification program found that the Toxicology Laboratory failed to conduct analyses in accordance with its own protocols and conditioned certification for 2013-2014 (in the areas in which they had not already been revoked for failing three consecutive proficiency pannels) upon an acceptable corrective action plan.
There was a time when the CDPHE Toxicology Laboratory was run by scientists who followed the evidence to conclusions based upon solid science. Sadly, that has not been the case since Ms. Burbach became the program manager. The Colorado criminal defense community was slow on the uptake because Ms. Burbach's predecessors were honest scientists whose agenda was to let the science speak the truth. Ms. Burbach's removal as program manager of the Toxicology Laboratory was a positive step towards restoring honest science to the state's cases; as Ms. Schielke's experience proves, dishonest state experts can destroy the credibility of a prosecutor's case before the first defense witness takes the stand. And yet, Ms. Schielke, like most of the defense bar, would prefer to face the honest scientist.
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