In The News

In The News

Sunday, July 18, 2010

MSP LAB ADMITS ERRORS IN TESTING ON THE WITNESS STAND

By Michael Nichols

The chief toxicologist for the Michigan State Police admits that there are errors in the process of testing blood samples but the lab still hides the error rate. Attorney Mike Nichols obtained an admission from Dr. Felix Adatsi on the witness stand at a hearing on July 16, 2010. Dr. Adatsi admitted that the simulated blood ethanol solutions that were used to validate two testing instruments when the instruments were purchased, have a range of accuracy according to the provider. That range of accuracy is not factored into the results reported by the toxicology lab. "We do not have an uncertainty budget," admitted Dr. Adatsi. Mike Nichols was dumbfounded by the testimony. "The scientific method takes a backseat to what is the most efficient way to convict people with what looks like science," said Nichols. Nichols added: "It makes me think of the Pinto or the Yugo." Expert witness Karl Ebner PhD testified that there are at least 13 sources of error that are not considered at all by the MSP lab. Many of those sources of error arise in any lab testing process -- a few are specific to the MSP lab. The attorneys must submit written arguments by September 3rd. District Court Judge, Peter Wadel will issue a written opinion following his review of the briefs.

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.