Incorrect drug tests found from state toxicology department

Criminal cases are now in jeopardy due to flawed evidence from the Indiana State Department of Toxicology.

The Indiana Supreme Court released a statement Tuesday, stating they were aware of the revelations.

“Our objective has been to ensure that no person has been convicted of any crime in an unconstitutional manner or as a result of an improperly conducted test,” read the statement in part. 
    
The lab provided incorrect test results in at least five cases involving drugs.  The Supreme Court report indicated there were problems with 500 other samples.

“Of those 500, some 497 individuals pled guilty to associated crimes,” read the report. “Of the information the Department has supplied so far, it appears that 18 of the individuals whose results have been retested are currently incarcerated.” 

The Supreme Court said the irregularities discovered were made in procedures leading up to testing and not necessarily in the physical testing of the procedure.   The court stated the physical retesting produced results that fell into one of the categories:

1. Cases where the sample was inadequate for retesting
2. Cases where retesting showed the presence of the substance at issue
3. Cases where retesting showed the presence of a successor substance
4. Cases where the test did not reveal any of the substances originally reported

At least five cases have been reported to fall in the fourth category. 

Last summer, oversight of the lab was transferred from the IU School of Medicine to the Indiana Governor's Office.