Blood Test Error Nearly Sends Man to Prison

Posted by Lawrence Taylor on February 9th, 2009

I’ve posted in the past about various problems, such as fermentation and coagulation, in analyzing human blood samples for alcohol content.   But human error in the lab is just as insidious.  I mentioned in an earlier post one of my firm’s cases in which we had our client’s blood sample analyzed for DNA — which proved that the blood tested was not our client’s.  See How Do You Know the Blood They Tested Was Yours?  Human error in the crime lab happens more often than is appreciated — and is extremely hard to detect.

Following is another recent example of a lab screwup that almost sent an innocent man to prison for a long stretch.  Fortunately, one of those "obstructionist" defense attorneys had the blood restested, forcing the prosecution to have it retested as well.  The blood-alcohol content, which had been reported as .19% — over three times the legal limit — was in fact .00%.


Homicide Charge Dropped Following Blood Test Mistake

Tooele County, UT.  Jan 28 – The Tooele County Attorney’s Office is dropping vehicular homicide charges against a man involved in a fatal Tooele accident in December. Steven Jakeman was facing the charges in connection with the death of UPS driver Alan Christofferson…
 

According to the attorney’s office, there was a mistake in the initial blood test. After retesting his blood, prosecutors are sure he wasn’t under the influence at the time.

Turns out it was a human error made at the state lab that resulted in the blood-alcohol content reading double the legal limit…

That mistake started with the initial testing of Jakeman’s blood. Apparently, a technician misread the digits on a sample tube of his blood: a rare mistake. Gambrelli Layco with the Bureau of Forensic Toxicology said, "We did make an error in this case for transposing one number from a nine to an eight …"

When prosecutors had the blood retested at a private lab, Jakeman’s BAC levels came back triple zeros, no alcohol at all. To be safe, they had it retested with the state lab. Same result.


Hmmm.  How does "transposing a number" change a .00% blood sample into a .19%?


(Thanks to Glen Neeley)
 

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  • David W

    Perfect example of how to compound tragedy upon tragedy.

    And then one has to wonder how many “did” end up in prison.

  • RichardAlan

    Sweet Bejebus,

    So glad to hear this story. Thank you Mr. Taylor. So it was reduced to a traffic accident? No harm, No foul?

    I used to be a UPS driver. I have safe driving awards from UPS. Funny how my license was suspended for claiming my Legal status as a Sovereign National including my 5th amendment rights. Oh boy the Corporation did not like this, I mean Government .

    There are people on the road with 7 or 8 accidents that shouldn’t be, I have safe driving awards, I’m one of the safest drivers on the road, now I have a suspended license because of “fantasy Make Believe” by the DMV, and I’m losing everything. It makes absolutely no sense.

    At least I still have my blood, my breath, and my urine. God only knows what the
    Government would have magically made up had I acquiesced to them.

    I guess I’m being punished for being an ‘Obstructionist” as a private citizen, oh well (ha ha ha ha )

    This story is a prime example of one of the reasons why not to allow the Government ( I mean Corporation) to take anything from you as a Sovereign flesh and blood human being during any traffic stop no matter what. Blood, urine, Breath, Hair, spit etc. The Government will then take this and make magical fantasy make believe stories about you as to separate you from your money, your property , and your Freedoms…

    They already commit acts of Fraud against us when they impound and seize vehicals (property) and we somehow allow these Government criminals to do this, –it’s absurd!

    This reminds me of the old “frog in the pot routine”.

    Always claim your sovereignty, legal status plus 4th and 5th Amendment rights.

    I enjoyed this story, learned a new word too.
    ‘Obstructionists”

  • standup

    As usual, MADD’s silence is deafening. This case contradicts their version of Utopia, where arrested means guilty…

  • RichardAlan

    Okay, so I thought I would Share this DUI info from Bullhead City Arizona February, 11 2009 at the Bullhead City Municipal Court, regarding a DUI jury trial.

    One of my parents were called to jury duty and landed a spot on the jury for a DUI case yesterday on February, 11 2009.

    I quizzed my parent today on the facts and this is what transpired:

    There was a jury of 6 competent beautiful real flesh and blood human beings.

    A 51 year old woman was driving down an Arizona Highway as a “Private Citizen” she was not swerving or driving erratically.

    A Bullhead City police officer stopped her 9 months ago for an alleged vehicle violation. The reason she was stopped was she had no license plate or light.

    The officer did a uturn and followed her. The woman testified that she pulled over to the left because;”That’s were I was going, I was going home” she testified on the stand.

    The prosecution was trying to say she was not following orders to pull over to the right.

    The woman also testified that she had a beer a 24 oz can at the river and had been swimming all day.

    The officer testified that she had blood shot watery eyes.

    My parent asked 3 very hard questions for the judge the prosecution and the arresting officer;

    1) why didn’t the officer ask her about the license plate and write her a ticket for which he pulled her over for originally?

    2) Why did the officer wait some two hours before he had her blow?, (which was a .o88)

    3)just how drunk or impaired really is .o88?

    For both questions 1 and 2 the lawyers and the judge had a lengthy 10 minute sidebar discussion.

    The 3rd question was discarded and NOT answered.

    The women did absolutely nothing wrong in her driving the officer testified.

    During the FST she could not do it because the uneven pavement in high heeled shoes and the we all know that left handed people can not stand on their right leg for 30 seconds and the same goes for right handed people.

    The officer answered the first question: he testified to question number one: ” All traffic stops are considered potential DUI’s”

    The jury of six almost fell out of their seats when they heard this. This is what my parent told me

    The officer testified to the second question:
    “I did not have a breathalyzer on me at the time”

    Third question could not be answered and was tossed.

    This jury of six took only a few minute and found her not guilty.

    Another example of fantasy make believe “Alice in Wonderland” type of stories from the the courts and the State.

    If the Public Servant actually believes that all traffic stops are potential DUI’s then this officer just admitted on the stand that “Probable Cause” does not exist? Everyone is already guilty in the eyes of the STATE.

    Again as I have said, The State is full of make believe fantasy regarding traffic laws, bylaws, and municipal codes and rules designed to separate us from our money, property, and freedom.

    Now if there is an accident, with property damage, injury or death, and we have alcohol involved then we have a real life reality crime that needs to be prosecuted in a court of law and then we come down on the offender like a ton of bricks.

    This is what needs to be fixed in the country. MADD should be held accountable for “FRAUD” and shut down for acts of Tyranny against the United States

    If any of you can access the Bullhead City Municipal court for the public records of this case lets see it.

  • RichardAlan

    Two Judges found Guilty of Fraud.

    http://enews.earthlink.net/article/nat?guid=20090212/4993bae0_3426_1335020090212-770416833

    The man is coming, and he’s taking names.

  • standup

    That was an interesting post Richard.

  • RichardAlan

    Hi Standup,

    I’m glad you had an interest.

    Since my illegal arrest, on 9-3-07 and what followed –acts of Fraud, being held against my will by the Police and the State for simply driving down a highway at night, today on Feb 13 my truck was repossessed, I’m in Debt over $50,000 now, and since my license was illegally taken from me by the STATE I’ve lost over $100,000 for loss of employment, for a total of $150,000 since April of 2008. I have not paid any taxes because I have not left the house, and have not worked.

    And all of this for a simple yet illegal and imaginary make believe traffic stop by the CHP for false allegations against me.

    And what’s even worse is my alleged DUI was Dismissed.

    The poor private citizen who nearly went to prison for a false blood test reading? and this poor woman in Bullhead city Arizona was almost destroyed?

    Thank God my parents helped save her life.

    Today I filed for Bankruptcy, I worked all my life for the passed 43 years to lose everything I worked for and now to file Bankruptcy?? for a traffic stop?

    Un Fricken Believable, I have no remedy to make my self “whole” again.

    Oh, I do get my license back in April 2009, but really who wants it now? Who wants to be part of a State Government that treats people like this?

    I dread the day I get pulled over again by a malfeasant public servant and accused of some fake random imaginary make believe “Alice in Wonderland traffic charge.

    I have yet to see a group of “Lawyers” file a class action lawsuit on behalf of the people who’ve been harmed, against the State or the Federal Government for acts of Fraud against us, for these Bogus DUI laws and Treacherous acts .

    Peace to all –enjoy the Fraud by the Criminals in Black Robes until then.

    Over and out…