0:01 there was a lot of confusion about this
0:04 test and here's the key issue
0:06 I expect that the officers will admit
0:08 that rather than take him to do a breath
0:11 test he immediately said look I want I
0:12 want a blood test
0:15 I trust Hamilton Medical Center take me there
0:15 there
0:17 let's do it there and that's exactly
0:19 what they did they agreed to do that all
0:22 right but they were gonna ask for breath
0:23 and they they accommodate him they've
0:25 admitted that using that word they
0:28 accommodated his request but what they
0:31 ultimately did was not a Hamilton test
0:33 they took into Hamilton let Hamilton
0:35 take the blood out but they Hanson
0:37 didn't do the testing and that's exactly
0:39 what my client was asking for an
0:42 objective the objective people personnel
0:44 there along with it being done
0:46 immediately and when you listen to the
0:48 tape you will hear my clients say well
0:50 if I pass this test tonight what are you
0:52 going to do my blood result comes back
0:54 less than the amount of what what are
0:56 you going to do and the officers don't
0:58 really respond to him because he's under
0:59 the impression that it's going to get
1:03 tested that very night but it doesn't
1:08 the person there takes his blood then
1:19 the vials are then taken into custody by
1:23 the doulton police sit almost a month at
1:26 the Dalton police station then are
1:30 mailed to the crime lab who likewise sit
1:33 on for about a month and then they
1:36 finally get around to testing and lo and
1:40 behold you have this high blood level my
1:42 client will tell you and I expect their
1:45 own expert to admit to this that there
1:47 is a reason that blood is frozen or
1:51 refrigerated rather it's refrigerated
1:55 because it's organic material and if it
1:58 sits without any oxygen it will ferment
2:01 it will turn into alcohol and thus
2:05 elevate the original read they will tell
2:07 you that refrigeration may slow that
2:10 down but refrigeration doesn't eliminate
2:13 my client wanted to be tested in there
2:15 that night so that there wouldn't be any
2:16 fermentation there wouldn't be any
2:19 exaggerated growth but he was but that's
2:21 what I think the evidence will show that
2:28 you will hear the Crimeline person I
2:31 expect testify that one thing you can do
2:32 to keep that from happening it has put
2:35 some sodium I believe it's for is sodium
2:38 something into it that will help not let
2:41 it ferment they didn't do that in this
2:43 case unless I don't see anywhere the
2:45 report so I'm wrong I'll be happy to
2:47 admit it after seeing the evidence but I
2:48 don't believe that they use that
2:52 preservative so the blood aged some some
2:53 two months almost two months the fort
2:56 was tested and it fermented on some
3:02 level and that explains the read now had
3:04 the evidence will show that had they
3:07 done it what they had told my client
3:09 they were going to do
3:11 Hamilton Medical Center was done the
3:12 testing we would have known that night
3:15 what the reading was and because they
3:16 didn't now we don't know what the
3:19 original rating was and obviously he's
3:21 the breath breath test we would have
3:22 known what that said that night all right
3:23 right
3:25 but that wasn't you know and that wasn't
3:26 done they agreed not they agreed to
3:27 accommodate my
3:28 client by getting the blood test
3:30 certainly I hope that makes sense to you
3:38 beyond the term and you'll hear me talk
3:40 about this just a little bit but just
3:41 kind of warn you about it is indigenous
3:44 alcohol production that's just another
3:46 word for this fermentation indigenous
3:47 alcohol production is when any organic
3:49 material is sealed off without oxygen
3:52 then it basically ferments and produces
3:55 alcohol so that would be what we're
3:57 talking about when I started asking
3:59 questions from the crime lab ladies and
4:01 gentlemen I appreciate you listening to
4:04 me again I've done my best to catch up
4:06 on everything and I think I've seen some
4:08 fresh things that hopefully will add do
