No, I did not agree to work there. Yes, I agreed to speak there. I am talking about my adventure on September 14, 2026, at the Michigan State Police (MSP) Forensic Science Division (FSD) division-training. As I was walking into the MSP headquarters on Canal Road just southwest of Lansing, with law clerk Ruth Gleason, I admit to feeling a bit nervous. Part of the nerves were from the fact that I did not get to make a whole lot of time to work on the formal presentation and I really was not sure what I was going to say for an hour.
If you have ever given a speech or a presentation, you know what I mean.
As I was walking out of the MSP headquarters, Nick Fillinger followed me out and was talking to me about an upcoming conference that the department is putting on for prosecutors and defense attorneys. Mr. Fillinger is the “technical leader” of the FSD – so in other words he was in charge of the training. Mr. Fillinger asked me if I would send him a bill. He was genuine about it and said, “Hey, send me a bill if you would like.”
I said, “uh, no bill is coming from me, Nick. It was a pleasure doing it.” I meant it – even though I “revealed” some things about defense attorneys, our goals, and our setbacks, getting the opportunity to speak to the entire toxicology unit in the forensic science division, is something that I would consider a privilege.
It was more than just a privilege; it is an opportunity. It is an opportunity, because the only way we have even a chance of making the use of forensic evidence in our courtrooms better, is for each side to pull back the curtain for the other. We defense attorneys often complain that the “scientists” who come from the “Lansing lab” are nothing more than expert witnesses, who are “hired guns” for the prosecutor. They work for the Michigan State Police, so they naturally are going to try to give the prosecutors what they want in terms of helpful testimony toward a conviction.
Do not get me wrong, it is always on a case-by-case strategy that on some cases, you have to keep your cards close to your chest and not reveal where you are going to go – and sometimes you have to be a little discordant with them on the witness stand. After all, they are absolutely part of the MSP, and they are there to be of service to the prosecutor. They are not showing up to help your client – even though sometimes they can and end up doing so – even if it is unwittingly.
Everyone is suspicious of each other when it comes to the criminal defense bar and the expert witnesses at the lab. We need to try to break down the walls just a little bit more so that we can at least communicate. In some situations, you as the defense attorney are going to need a favor. We talked about how cross examination can go awry and sometimes feel personal. We talked about the fact that, if you just take the stand as the “scientists” and answer questions on cross without embellishment, that is how the experience of testifying will go a little more smoothly and feel more professional than personal.
When I combined the preparation, the time to head over to the lab and the time to give the presentation, it was about 2.5 hours out of my week. That was time that I could not talk with potential clients, work on marketing the law firm, address administrative needs (admin) at the office or work on a case. As I see it, this was an investment worth making even if the dividends are not immediate.
The information contained in this web site is neither legal advice nor is it intended to be legal advice. The information contained in this web site is general information designed to give the reader a basic understanding of some legal concepts about what we do in these areas.
3452 East Lake Lansing Road
East Lansing, MI 48823-1511
