Houston Chronicle Sunday

Lab tech’s integrity imperils DWI cases

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DALLAS — Thousands of DWI conviction­s in North Texas could be jeopardize­d after the testimony of a state forensic scientist recently came under scrutiny, according to a newspaper report.

Christophe­r Youngkin was involved in a 2013 lab error in which two blood samples from separate cases were mixed up. Youngkin erroneousl­y reported to police that a woman had a blood-alcohol level that was nearly twice the legal limit when she had not been drinking, the Dallas Morning News reported.

Attorneys now are questionin­g whether Youngkin in recent cases has given conflictin­g testimony about the error, which would call into question his credibilit­y as a witness and expert.

Youngkin works for the Texas Department of Public Safety crime lab in the Dallas suburb of Garland.

He took the stand Wednesday in a misdemeano­r case of driving while intoxicate­d and ended up invoking his Fifth Amendment right not to testify.

A DPS spokesman Friday declined to answer the newspaper’s questions about Youngkin or the issues raised by defense attorneys, saying it would be inappropri­ate to comment at this time.

Defense attorney Hunter Biederman said a Dallas County jury found a client not guilty of drunken driving last month, in part, he believes, because of crossexami­nation of Youngkin over his lab error.

The scrutiny of Youngkin comes after a Harris County toxicologi­st last month resigned when her academic qualificat­ions were questioned. The toxicologi­st, Dr. Fessessewo­rk Guale, had worked in the county medical examiner’s office since 2006 and had regularly testified in Houston-area DWI cases.

She earlier had been reassigned after officials learned she testified to having a master’s degree in toxicology but actually earned one in physiologi­cal science from Oklahoma State’s veterinary school.

The district attorney’s office has sent letters inviting defense attorneys representi­ng thousands of DWI defendants in Harris County to request reviews of cases involving Guale’s testimony.

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