Been a while since I had to deal with this: where are we on out of state lab results?
We caught a batch of K2 and it was tested in Pennsylvania. It could end up costing us about $1000 or more to bring the chemist here to testify. We’d obviously be in the same position if we brought a supervisor.
Is it “original tech or bust” or do we have some creative solutions?
If I remember correctly, I worked up a case where this was an issue. We asked that the dope be sent from the out-of-state lab to the local lab, where it was tested pursuant to our request. Then, you can just call your local DPS chemist.
There are obviously chain of custody issues there, but it's one way to solve the problem.
Assistant Criminal District Attorney
Same situation with Dan. We've brought in the OOS analyst, had the local lab retest, etc. There's no Confrontation Clause loophole to help here, gotta have the person who ran the test.
I guess we can try asking the local lab to re-test, but the local lab only sent it off because they’re not able to test anything in a timely manner in the first place. In fact, right now they won’t even test everything we send, they’ll only test enough to generate the highest possible charge and no more. As in, if we have pot and heroin and cocaine all in one package, none of which is more than 200g, they’ll test 4.5g of cocaine or heroin and won’t test the rest of what we give them (assuming this is the case with everyone now).
But it’s with a shot. Thanks for the insight guys!
Update on this thread - thanks to everyone’s feedback we were able to confirm that DPS will help us out in two ways 1) they will actually fly the out-of-State tech in for your trial but they’d prefer to 2) retest the sample for your quickly and let you call your local tech.
So no worries about the normal testing delays. You move to the front of the line in these circumstances. Thanks to everyone who helped me out here on the board!
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