STATE OFFICIAL DENIES GIVING OK TO TESTING; CHEMIST REFUTES TESTIMONY IN LAB CASE.Byline: Jesse Hiestand / Daily News Staff Writer A state health official denied Wednesday that he gave permission for the Ventura County crime lab to violate state law by suggesting that technicians conduct DUI tests without a license. Clay Larson, a research chemist with the state Department of Health Services Department of Health Services may refer to:
In a court declaration, the lab's manager, sheriff's Cmdr. Leslie Warren, said Larson had told her ``he did not see what difference it would make at this point'' to halt breath tests after years of using methods that did not meet state regulations. ``I never made that statement,'' Larson said Wednesday, the second day of a hearing that could ultimately lead to the dismissal of more than 600 drunk-driving cases because of licensing and testing problems at the lab. ``That's a mischaracterization of the conversation.'' During testimony Tuesday, Warren again attributed this statement to Larson, adding he told her court rulings would support unlicensed breath testing because such violations go to the weight of such evidence, not whether the test results can be admitted in court. Larson said Wednesday he discussed this legal issue with Warren and other lab personnel, but denied he granted permission to continue the tests. The conversation in question between Warren and Larson occurred during lunch April 1, while Larson was conducting an on-site inspection of the lab to find out why a technician had failed a routine proficiency test proficiency test n → prueba de capacitación in February. Because of the failed test and the lab's inability to replace its forensic alcohol supervisor, state officials March 19 ordered the lab to cease blood, urine and breath alcohol tests. Lab officials say they complied with the order by having a state lab handle blood and urine analyses until the county crime lab's license was fully reinstated May 23. But the county crime lab continued to do breath testing for nearly two months after March 19, a decision since justified by citing Larson's statement. Larson testified that Warren hypothetically asked what would happen if the lab had trouble finding another agency to take over its breath testing. Larson said he told Warren, ``I won't say you can do anything to contradict con·tra·dict v. con·tra·dict·ed, con·tra·dict·ing, con·tra·dicts v.tr. 1. To assert or express the opposite of (a statement). 2. To deny the statement of. See Synonyms at deny. the department (of health services health services Managed care The benefits covered under a health contract ) letter of March 19 which said you should not be doing breath test analysis at the laboratory.'' Larson said breath testing was not the primary focus of his inspection and lab personnel did not explicitly say whether they were still doing such testing. Larson also testified that the lab's alcohol testing program had been violating state regulations since 1991. Larson was called to testify To provide evidence as a witness, subject to an oath or affirmation, in order to establish a particular fact or set of facts. Court rules require witnesses to testify about the facts they know that are relevant to the determination of the outcome of the case. as part of a motion by a team of defense lawyers seeking to bar the Ventura County District Attorney's Office from handling about 630 drunk-driving cases. The attorneys accuse ac·cuse v. ac·cused, ac·cus·ing, ac·cus·es v.tr. 1. To charge with a shortcoming or error. 2. To charge formally with a wrongdoing. v.intr. prosecutors of participating in the decision to continue this unlicensed testing, which could pose a conflict of interest with the lab. This recusal recusal n. the act of a judge or prosecutor being removed or voluntarily stepping aside from a legal case due to conflict of interest or other good reason. (See: recuse) hearing is expected to last several more days. Superior Court Judge Steven Z. Perren on Wednesday estimated it may take to mid-September to finally resolve the crime lab litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. and determine if these problems warrant dismissal of cases or some other legal remedy A legal remedy is the means by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. In Commonwealth common law jurisdictions and related jurisdictions (e.g. . |
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