Hello All!

This is my first post to the TDCAA forum. I am seeking input from the West Texas district attorneys' that handle the cases from the DPS Crime Lab in ABILENE. I am the Laboratory Manager from that lab and want some "lawyer" opinions concerning blood alcohol kits that are mailed to the lab in Abilene in outer envelopes.

We have a very cramped storage vault that we house our blood alcohols in. The new and improved blood alcohol kits are now rectangular shaped boxes that contain the blood specimen. They were designed to be mailed as is (i.e. no outer envelope necessary). Still some of our troopers still put them into an envelope and mail them to the lab. After analysis, we are required to store the blood alcohol kits pending a disposition. The problem is that when they come in the mail in an envelope, they are difficult to store due to the size of the envelope and the rack that we store them in. What we were planning on doing was to remove the envelope and tape the envelope information (i.e. tracking numbers, certified mail numbers, etc.) to the outside of the blood alcohol box. Also, documentation would exist on our Evidence Record Sheet detailing how the evidence was received (i.e. 9x12 envelope containing a blood tube mailer box). The only difference would be that the envelope, minus the tracking information, would be discarded for ease of storage. This would only be done for the blood alcohols that we were going to keep (Dept. of Public Safety cases ONLY) and WOULD NOT affect the cases that were going to be returned to the submitting agency.

Do you think this is a viable option for us to do as far as the miscibility of the evidence into court? Do you foresee any problems?

Thank you for your feedback.


Artie Waller
Regional Lab Manager
Texas DPS Crime Lab - Abilene

I would suggest folding and then taping the envelope to the box, taping it in such a way that no writing or markings would be damaged.I would retain the envelope in some fashion.

It's hard to predict the issues that could arise in a future unknown trial, but I could envision a circumstance in which having proof of the date(s) on the envelope could be relevant and necessary evidence.

Put the emphasis on training the troopers to STOP putting the blood tubes in envelopes. If the problem continues after an extensive information push, let the sergeants know that blood tubes received in envelopes will be returned to the submitting office with directions to correctly submit them (sans envelope). I can just envision a defense attorney cross examining the officer who submitted a sample in an enveloe that no longer exists as to the possibility of tampering, etc.

I forwarded the postings over the Major Baker in Highway Patrol and suggested the training issued should be addressed. I am also looking into whether we need to to a brief article in our month Legal Bulletin that goes out to the officers about using the new packaging.

Janette Ansolabehere
DPS

The problem that we are running into at the lab is there is a high turnover of troopers and sargeants in our area. We will train the commisioned staff on the correct way to submit blood alcohol evidence and then the troopers will transfer to a different part of the state and the process starts all over again with the replacements. I think it would be a GOOD thing to write about this in the legal bulletin...that way the word could get out to a broader audience.

We are looking for a long term fix to this problem. Any help from our legal dept. would be much appreciated.

Artie Waller
Regional Lab Manager
Texas DPS Crime Lab - Abilene