Last week I attended one of the best conferences in America dealing with forensic science issues in defending a drunk driving case . Pennsylvania DUI attorney Justin McShane gave a fantastic presentation on gas chromatography .Gas chromatography is the type of science used by the Tennessee Bureau of Investigation  to determine the blood alcohol level . Here is a article from Wake Forrest university Department of Chemistry on the subject .

In addressing ways to combat the blood alcohol result  , Attorney McShane suggested some critical issues.

  • A great DUI lawyer should have a basic understanding of the  working terminology of the science of head space gas chromatography.
  • One must be able to review a chromatogram to determine if there are any problems with the blood alcohol estimate.
  • The separation matrix must be identified.

Most lawyers in Tennessee give up once they discover the results of a blood alcohol test . Over the course of my practice , I discovered that we buy in to the belief that some science is foolproof . Remember , lab work is conducted by normal human beings who put stuff in a machine , Blood test results are not infallible.. These lab folks are not experts only machine operators. Do any Google search for issues in the forensic lab and you will discover mistakes and fraud across the country .

Here’s some questions you can ask  when you are looking to hire a Tennessee DUI Lawyer .

  • Can you read a gas chromatogram ?
  • What machine do they use to test blood alcohol at the TBI crime lab in Nashville ?

Tennessee DUI cases are getting tougher every day. Don’t want to plead as charged fight back.

 

 

The Nashville Criminal Law Report is  heading off to a seminar on Mastering Scientific Evidence sponsored by the National College of DUI Defense and the Texas Criminal Defense Lawyers Association

Here is some of the topics ;

  • Fundamentals of Gas Chromatography
  • Lab Issues in  Blood Alcohol Testing
  • Drugs in Blood
  • Blood Alcohol Discovery
  • Retrograde Extrapolation of Blood Alcohol Tests

Science has taken over in being a critical factor in defending Tennessee DUI cases . Make sure you check out  your potential lawyer’s understanding of science and whether they attend these cutting edge conferences.

I will be posting a live feed on Twitter of the conference . Please follow me on Twitter if you want the updates.

 

 

Palm on Urbanspoon

The Palm is Nashville’s choice for the power lunch . The question is ‘How’s the burger" ?

The Palm has several choices on the menu and they refer to it as a steak-burger . My selection was the 837 burger . Sesame seed bun buttered and toasted . Protein was U.S.D.A. prime . Size was a whopping 12oz. I think the server got my order wrong because the burger was cooked to well done . I like my burger medium. It was dressed with roasted  red peppers , prosciutto , romaine lettuce , two meager rings of red onion .Side note , I like more onion that just a ring . Fontina cheese and pesto aioli topped it off.

Burger was overcooked . I liked the different garnishments , but because the burger was overcooked . It took away from the overall taste . One think I did like was the pesto and the fontina cheese . Price was fourteen bucks . I could of had 3 Twin Kegs burgers .

Service was perfect . Every time I sipped my tea , it was refilled . White table cloth and the service made it a perfect lunch spot for that business meeting or just for a lunch time escape .The setting was better than the hamburger.

Three out of five stars.

Yes, Tre I do check the comments . Tre posted a question on what is the amount of time that passes before an expungement order is processed . In Nashville , Tn. , an expungement order will take somewhere between 30-60 days to be processed . Tre’s question is how long does it take for the Tennessee Bureau of Investigation to remove the charge . I don’t know the answer to that question , but I try to find the answer .

Normally , the Tennessee Bureau of Investigation  (TBI)  is not the official record for a conviction. It is simply a clearinghouse to store all convictions.  . I would suspect that the TBI may be reporting a case plead under judicial diversion.

I try to answer all questions . So please post any questions in the comment section .

High School students over 18 or college students can face criminal charges under Tennessee law for alcohol offenses.There are two laws which may be charged with different penalties..

Possession of alcohol or purchasing alcohol by someone under 21 is a Class A misdemeanor . The kicker is pursuant to Tennessee Code Annotated 57-3-412 (C)(i) a conviction for possession of alcohol carries a loss of your driver’s license .

Consumption of alcohol is a Class A misdemeanor as well , but it does not carry a loss of your driver’s license. Also , you can get the conviction expunged after six months .

Bottom line be careful what you are charged with and the potential consequences.

A murder trial in Washington D.C. was the scene  where a client made a poor choice in his attorney for his pending murder charge . Judge William Jackson relieved  Joseph Rakofsky during the middle of the defendant’s murder trial. The judge made findings that the lawyer didn’t have a grasp of legal procedures . The last straw occurred Friday when Rakofsky’s private investigator made a filing in court alleging that Mr. Rakofsky wanted him to fabricate a witness’s testimony. Rakofsky encouraged his investigator to undertake unethical behavior and then refused to pay the investigator. One last tidbit , it was Rakofsky’s first trial. No , he didn’t want to start out on a simple theft case . At least Cousin Vinny won his first trial.

Several of the criminal law pundits in the blogoshere have crucified Rakofsky for his marketing and his trial conduct. I would agree that he got in over his head and from reports acted in an unethical manner .  Moreover , he shouldn’t have accepted the case .Worst of all he bragged on his Facebook page of getting a mistrial. Most lawyers get a mistrial when the jury is deadlocked not when they can’t try a case . Also , what exactly is the blogoshere and does it matter ?

The lesson in this story is how to you hire a criminal defense lawyer . In Nashville , Tn., someone accused of a crime gets about 20 letters in the mail soliciting folks as clients . Do you hire a criminal defense lawyer because they have a nice letter and will represent you for four hundred bucks. No. You should hire a lawyer on years of experience , training , the willingness to take cases to trial , have preliminary hearings ,and basically fighting the man. it appears Mr. Rakofsky made dubious claims on his website. One question you might ask is have you tried any cases like the one I have been charged . One lawyer in Nashville even puts on his website I don’t take cases to trial . Is that guy respected by the D.A.’s office ?  The bottom line is to check your lawyer’s credentials out .

In most murder cases a firearm is used . After someone is shot , blood is usually present at the crime scene . Can homicide detectives use blood found at the scene to make their case ? The blood left behind may provide some clues as to what happened . One method of bloodstain analysis is blood spatter .

Blood spatter is defined as a dispersion of blood spots of varying size , created when a source of fluid blood is subjected to an external force. Blood spots within the dispersion exhibit characteristics that indicate the location from which they originated . Blood spatter is commonly found at crime scenes where bloodshed has occurred .

Analysis of blood spatter may do the following :

  1. Where did the spatter events occur ?
  2. Link the accused’s clothing to the location of  a blood spatter producing event .
  3. Link the accused to the murder.
  4. Allow for the determination of the mechanism by which the spatter was created .
  5. Be used to corroborate or refute an accused’s statement of how the blood was deposited on their clothing .
  6. Link an item of evidence to a blood spatter-producing event .

 Blood stain analysis is one piece of the puzzle in a murder investigation . Here is a link  to a presentation of blood spatter evidence that may be helpful .

Brandon's Bar & Grill on Urbanspoon

 

This week’s Nashville cheeseburger review takes us to downtown Nashville . Brandon’s has been a downtown lunch spot for years . I always enjoy eating there for lunch so it was time for a formal review . I cozied up to the bar when Jeff came by to get my order . For some reason , I always enjoy the bar when I am eating alone .

The burger came with a option of white or whole wheat . Since  I am trying to avoid white bread , it was a welcome option .Toasted , There are several different cheese choices and hot pepper cheese it was . Fresh 90/10 Angus beef was the protein for the burger in a 5 oz. patty. Mustard , mayo , iceberg lettuce , pickle , and tomato were the dressing . One drawback was the onions were diced . I prefer a whole slice of onion to drape the burger Also , I like the onion raw not grilled a la  James Bond . The burger was solid .

Warning. Brandon’s is smoking with the upstairs non-smoking . The vibe is downtown lunch crowd. Brandon’s has a great old wooden bar for that adds nice touch.

3 out of 5 stars is awarded to Brandon’s

Pennsylvania DUI attorney Justin McShane has moved to the front of criminal defense attorneys in using forensic science to attack the state’s case.  Here is a short video he produced illustrating the need to have the machine calibrated . Justin also writes a blog on forensic science issues .His commentary is on target as it concerns the Tennessee Bureau of Investigation toxicology unit .In the past , TBI has run only one blood alcohol test on all samples while good science requires two samples . Machines do need to be calibrated .

On another note , Attorney McShane has organized a training session on gas chromatography in June of this year . I am pleased to announce I have been accepted to attend the program . More in June on blood alcohol testing . I hope you find the video helpful.

South Carolina criminal defense attorney Bobby Frederick recently reported of Horry County ,  South Carolina public defenders who don’t go to preliminary hearings . It appears the public defenders refuse to go to court on preliminary hearings . The court refuses to hear their case because they have a court appointed attorney and the hearing is waived . Injustice to those pool souls they represent .

I created a video of the importance of a preliminary hearing in a prior post . A preliminary hearing is the first major building block in preparing your defense in a criminal case . A preliminary hearing has no downside in most cases . You have a hearing , cross examine some cops or witnesses , learn some key facts , and the case is bound over to the grand jury . Best case is you might win and have the case dismissed which is unlikely due to a lessor burden of proof at the preliminary hearing . One should only waive a hearing in certain circumstances . First , where the Assistant District Attorney agrees to a bail bond reduction . Secondly , you want to avoid having the state preserve testimony of a witness .

 

Here is Mr. Frederick’s thoughts on why some lawyers waive a hearing which I wholeheartedly agree ;

Which tells me there are two reasons why attorneys waive preliminary hearings – 1) they are lazy; and/or 2) they have no intention of taking their client’s case to trial. Who cares what the officer’s testimony is going to be if I know I am never going to try the case.

 

 

A great defense to a criminal case starts with an effective and well thought out preliminary hearing . Why are the South Carolina public defenders for whatever reason are giving up the fight to raise a defense for their clients ?  Budget cuts or manpower shortages is no excuse for not protecting your clients . Shame on them . One last thing  worth mentioning . If your lawyer suggests you waive your preliminary hearing , ask them what tactical advantage they hope to gain by waiving the hearing . If they don’t have an answer , they may be from the South Carolina P.D.’s office or really don’t care about your case .