The central theme is that a defendant's request for an immediate blood test at a specific medical center was accommodated in principle but not in practice, leading to a delayed and potentially compromised test result due to fermentation.
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there was a lot of confusion about this
test and here's the key issue
I expect that the officers will admit
that rather than take him to do a breath
test he immediately said look I want I
want a blood test
I trust Hamilton Medical Center take me there
there
let's do it there and that's exactly
what they did they agreed to do that all
right but they were gonna ask for breath
and they they accommodate him they've
admitted that using that word they
accommodated his request but what they
ultimately did was not a Hamilton test
they took into Hamilton let Hamilton
take the blood out but they Hanson
didn't do the testing and that's exactly
what my client was asking for an
objective the objective people personnel
there along with it being done
immediately and when you listen to the
tape you will hear my clients say well
if I pass this test tonight what are you
going to do my blood result comes back
less than the amount of what what are
you going to do and the officers don't
really respond to him because he's under
the impression that it's going to get
tested that very night but it doesn't
the person there takes his blood then
the vials are then taken into custody by
the doulton police sit almost a month at
the Dalton police station then are
mailed to the crime lab who likewise sit
on for about a month and then they
finally get around to testing and lo and
behold you have this high blood level my
client will tell you and I expect their
own expert to admit to this that there
is a reason that blood is frozen or
refrigerated rather it's refrigerated
because it's organic material and if it
sits without any oxygen it will ferment
it will turn into alcohol and thus
elevate the original read they will tell
you that refrigeration may slow that
down but refrigeration doesn't eliminate
my client wanted to be tested in there
that night so that there wouldn't be any
fermentation there wouldn't be any
exaggerated growth but he was but that's
what I think the evidence will show that
you will hear the Crimeline person I
expect testify that one thing you can do
to keep that from happening it has put
some sodium I believe it's for is sodium
something into it that will help not let
it ferment they didn't do that in this
case unless I don't see anywhere the
report so I'm wrong I'll be happy to
admit it after seeing the evidence but I
don't believe that they use that
preservative so the blood aged some some
two months almost two months the fort
was tested and it fermented on some
level and that explains the read now had
the evidence will show that had they
done it what they had told my client
they were going to do
Hamilton Medical Center was done the
testing we would have known that night
what the reading was and because they
didn't now we don't know what the
original rating was and obviously he's
the breath breath test we would have
known what that said that night all right
right
but that wasn't you know and that wasn't
done they agreed not they agreed to
accommodate my
client by getting the blood test
certainly I hope that makes sense to you
beyond the term and you'll hear me talk
about this just a little bit but just
kind of warn you about it is indigenous
alcohol production that's just another
word for this fermentation indigenous
alcohol production is when any organic
material is sealed off without oxygen
then it basically ferments and produces
alcohol so that would be what we're
talking about when I started asking
questions from the crime lab ladies and
gentlemen I appreciate you listening to
me again I've done my best to catch up
on everything and I think I've seen some
fresh things that hopefully will add do
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