How Common Are Forensic Lab Errors in Ohio Criminal Cases?

Many criminal cases hinge on forensic evidence, which can provide scientifically reliable proof of a person’s guilt or innocence. However, because people conduct or oversee forensic testing, test results remain at risk of error due to human mistakes. But how frequently do forensic lab errors occur in criminal cases in Ohio? Unfortunately, every forensic testing error creates the possibility of wrongfully convicting a defendant for a crime they did not commit. Although wrongfully convicted defendants may ultimately obtain release through appeals or collateral proceedings, they may never obtain true relief from the stress of their criminal case or lost time spent in jail or prison. 

Possible Lab Errors 

Potential errors forensic labs can make when analyzing evidence from a criminal case include:

• Contamination of evidence: Forensic evidence may become contaminated due to mishandling by lab technicians or contamination of testing equipment, which can affect testing results.
• Mislabeling of samples: Mislabeling evidence or not keeping accurate logs of samples may result in reporting results to the wrong cases.
• Analytical mistakes: Forensic lab technicians may correctly perform tests, such as DNA analysis or toxicology reports, but misinterpret the test results to convey improper information to prosecutors or the jury.
• Human errors and faulty protocols: Lab technicians can make mistakes when performing forensic tests on case evidence that skews results. Such mistakes may result from isolated oversights by technicians or more systemic issues, such as faulty testing equipment or improper or outdated testing protocols. 

Common Causes of Forensic Science Errors

Forensic lab errors can occur for various reasons, often related to law enforcement or forensic lab personnel negligence. Some of the most frequent causes of forensic lab errors include:

• Allowing untrained or unauthorized personnel to handle forensic evidence
• Mislabeling samples
• Improperly storing forensic evidence, which can lead to contamination or degradation of samples
• Failing to keep records of access to samples to maintain proper chain of custody
• Waiting too long to test evidence, which may allow degradation that affects test results
• Failing to calibrate laboratory equipment appropriately
• Using contaminated equipment for testing
• Failing to accurately or timely record test results
• Failing to perform forensic testing under accepted scientific standards
• Falsifying test results
• Failing to report exonerating test results

Additional Contributing Factors

Other factors that cause and contribute to forensic testing errors in criminal cases include:

• Overworked forensic labs: Unfortunately, many criminal forensic labs deal with substantial caseloads and lack trained and qualified personnel. These factors may lead forensic labs to make oversights or rush evidence testing, which can result in errors in test results.
• Inadequate training or supervision: Some forensic testing occurs through incompetent or fraudulent examiners who lack the knowledge and experience to test forensic evidence properly. In some cases, prosecutors may seek forensic testing through methods that lack an adequate scientific foundation for reliability.
• Faulty/outdated equipment and testing methodologies: Labs may use defective, uncalibrated, damaged, or old testing equipment that skews results. Some examiners may also rely on testing methodologies that represented the accepted standard in the scientific community years ago but have since become outdated due to scientific advancements and technological developments.
• Biases: Government forensic labs may feel pressure to deliver results that support law enforcement’s theory or the prosecution’s case. Unfortunately, forensic testing by the prosecution may go unchecked by independent review if a defendant cannot afford or otherwise cannot obtain independent forensic testing. 

How Common Are Forensic Lab Errors?

In one study reported by the National Institutes of Justice that analyzed 732 cases in the National Registry of Exonerations, 635 cases had errors related to forensic evidence. Of the nearly 1400 forensic examinations reviewed by the study, almost 900 examinations had errors with forensic evidence. In the cases reviewed by the study, some of the most common forensic testing errors involved:

• Field drug test analysis: 100 percent of cases reviewed
• Bitemarks: 73 percent of cases reviewed
• Shoe/foot impressions: 41 percent of cases reviewed
• Fire debris (non-chemical analysis): 38 percent of cases reviewed
• Forensic medicine in child sexual abuse cases: 34 percent of cases reviewed
• Blood spatter evidence: 27 percent of cases reviewed
• Serology: 26 percent of cases reviewed
• Firearms identification: 26 percent of cases reviewed
• Forensic evidence in child physical abuse cases: 22 percent of cases reviewed
• Hair comparison: 20 percent of cases reviewed
• Latent fingerprints: 18 percent of cases reviewed
• Fiber/trace evidence: 14 percent of cases reviewed
• DNA evidence: 14 percent of cases reviewed
• Forensic pathology (cause and manner of death): 13 percent of cases reviewed

What Defendants Should Know About Forensic Errors 

Defendants may also challenge the credentials and skill of the examiners who conducted the forensic testing to argue they lack the necessary training or experience to conduct the testing involved. In many cases, defendants may conduct independent forensic testing of the evidence and call expert witnesses to challenge the prosecution’s forensic testing. An expert witness can highlight procedural missteps conducted by the state’s forensic examiners or argue that the state’s forensic analysts used outdated or scientifically unsound testing methodologies.

Contact a Criminal Defense Attorney to Learn More About Forensic Lab Errors

When you get arrested on criminal charges in Cincinnati, and your case involves forensic evidence, an effective defense strategy may highlight issues and errors in forensic laboratory testing. Call Moermond & Mulligan, LLC today at (513) 421-9790 or contact us online for a free, confidential consultation with an experienced Cincinnati criminal defense lawyer to learn whether your case may involve possible issues with forensic testing and how those issues may affect your case.

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