Expert in Controlled Substances, Blood/Breath Alcohol, Urine Drug Screen Issues, Chain of Custody, Chemistry
Expert ID: 727968 Florida, USA
Expert has been involved with blood and breath alcohol analysis since 1986. He has testified as an expert witness in both State Courts (Florida, Georgia and North Caroline) and Federal Courts (Florida) on blood and breath alcohol issues including reanalyses, Widmark calculations, the scientific basis of the blood and breath alcohol testing rules, review of case documentation and analyses, handling and storage problems, analytical problems, the S&W Breathalyzer, Intoximeter 3000, and Intoxilyzers 4000 and 8000, rule violations, chain of custody problems, interferences, retrograde extrapolations (why they should not have been done or calculations showing ranges at earlier times when they can be done), and the effects of absorption, elimination and peak phase on the breath alcohol values. He is well versed in the new paradigm proposed by Hlastala and its affect on the theory of breath alcohol testing. He has published articles in "DWI Journal: Law and Science" "The Champion" and "DUI, DWI and OWI Cases after Melendez-Diax, 45th Annual Criminal Practice Institute, Nov. 2009. He is also on the editorial board of the "DWI Journal: Law and Science". Expert has also taken Intoxilyzer 5000 and 8000 Breath Test Operators Certifying Courses offered by FDLE, Scientific and Medicolegal Issues of Alcohol and Drug Abuse given by the Space Coast Institute of Medical and Legal Education, the Intoxilyzer 5000 Operators Course given by American Legal Education, Inc. in Atlanta, Georgia and the Standardized Field Sobriety Testing Course (NHTSA approved) given by Rick Swope in Atlanta, Georgia. Expert has given CLE courses (approved in Florida and Ohio) on "Blood and Breath Alcohol: Theory and Practice" for which he has written his own coursebook.
Expert has been involved with the analysis of controlled substances since joining the Florida Dept. of Law Enforcement in 1976. He has testified over 1000 times as an expert called by the prosecution while with FDLE and over 300 times by the defense while an independent consultant. Expert has published articles on drug analysis in the DEA publication "Micrograms" and "Florida Division of the International Association of Identification Newsletter". He also published an article on the analysis of Dimethylsulfoxide in the "Journal of Analytical Chemistry". He has presented papers at the Southern Association of Forensic Scientists and the American Chemical Society Symposium on Analytical Methods in the Forensic Chemistry. Expert is co-author of a U.S. Patent for a field test for Methaqualone. He has presented a course for CLE credit (Florida) on the analysis of controlled substances. He has taken the Formal Training Course in Drug Identification - FDLE Academy, Forensic Chemist Seminar - Drug Enforcement Administration, Chromatographic Methods in Forensic Sciences - Federal Bureau of Investigation Academy, and short courses including Mass Spectroscopy - Dupont, Troubleshooting Gas Chromatographs - Varian, High Pressure Liquid Chromatography and Thin-Layer Chromatography - Whatman, Practical Liquid Chromatography - Hewlett-Packard and Practical Capillary Gas Chromatography - Hewlett-Packard, Recent Advances in Chromatography and Laboratory Automation - Perkin-Elmer, and Spectroscopic Solutions Seminar - Thermo Nicolet.
Expert has recently testified at several Federal Sentencing hearings in Indiana and Illinois as to the issue of whether Crack or Cocaine was identified by the Crime Laboratory and to the definition of Crack.
Expert holds a B.S. degree from the University of Miami in Chemistry and a M.S. degree from Texas A & M University in Physical Chemistry with the thesis work in the area of Infrared Spectroscopy. His thesis was on the molecular structure of trimethyl-antimony oxide using infrared and Raman spectroscopy. He has used infrared spectroscopy, Fourier-transform infrared spectroscopy (FTIR), gas chromatography, Electron impact and Chemical Ionization mass spectroscopy, gas chromatography-mass spectroscopy, nuclear magnetic resonance (nmr) spectroscopy, ultraviolet spectroscopy and fluorescence spectroscopy in graduate school research and his career as a forensic chemist. Expert is well versed in the theory and practice of infrared spectroscopy and its application to breath alcohol testing. He has given CLE (Florida and Ohio approved credit) in Blood and Breath Alcohol: Theory and Practice in which he explains, among other issues, the use of infrared spectroscopy to breath alcohol testing.
Expert holds a B.S. degree from the University of Miami in Chemistry and a M.S. degree from Texas A & M University in Physical Chemistry with the thesis work in the area of Infrared Spectroscopy. His thesis was on the molecular structure of trimethyl-antimony oxide using infrared and Raman spectroscopy. He has used infrared spectroscopy, Fourier-transform infrared spectroscopy (FTIR), gas chromatography, Electron impact and Chemical Ionization mass spectroscopy, gas chromatography-mass spectroscopy, nuclear magnetic resonance (nmr) spectroscopy, ultraviolet spectroscopy and fluorescence spectroscopy in graduate school research and his career as a forensic chemist. Expert is well versed in the theory and practice of infrared spectroscopy and its application to breath alcohol testing. He has given CLE (Florida and Ohio approved credit) in Blood and Breath Alcohol: Theory and Practice in which he explains, among other issues, the use of infrared spectroscopy to breath alcohol testing. Expert has analyzed everything from a burnt remnant of a marijuana cigarette to Schedule 1 drugs, determined the drop rate of liquid detergent and melting rate of ice cream in slip and fall cases, determined the presence of a poison in a various lots of reagent used by a medical test manufacturer to explain why the specifications for the product were not being made and then developed a test to determine which batches of reagent would produce satisfactory results, and developed a method to analyze and compare petrolatum based sexual lubricants on victims clothing with jars of product. Expert has testified as an expert in all these areas.
Expert has been contacted by several manufacturers to solve problems with the production of their products. One manufacturer, using a new lot of reagents, found their specifications for a medical test reagent not being met. Expert found a chemical poison that slowed or stopped the reaction and developed an instrumental test to determine if new lots would result in products meeting the specifications. Another company needed to have a method set up for an analytical testing of their products that would give a reliable quantititation of one the components. Taking into the account the expense factor and the chemistry of the product, Expert was able to present and demonstrate a acceptable QC testing method that achieved that goal. Another company presented a solvent contamination problem to Expert that needed to be understood. Expert was able to satisfy the needs by developing a head-space gas chromatographic analysis that allowed the detection of the contaminant, the ability to quantitate the contaminant, and the ability to meet specification concerns. Expert has the chemical and instrumental analysis understanding to solve many different chemical problems arising from similar instances. In one case above, the solution involved the use of nmr. Another relied upon ultraviolet spectroscopy and gas chromatography. Other issues have been resolved by thin layer chromatography or by gas-chromatography mass spectroscopy. Another service performed by Expert was to evaluate and verify that the quality control method for a lead contamination on component parts met the government standards. In this instance, Expert not only did this, but improved the sampling process of components used in the product to give a better representation of the batch.
Expert has run thousands of laboratory tests and experiments to determine the presence of controlled substances, the percent composition of mixtures containing controlled substances, the comparison of sexual lubricants on clothing to jars containing the same batch of substance, and blood and breath alcohol concentration. He has written reports documenting his findings. He has also been retained to review reports and test results and to offer opinions based upon the analytical data provided. He has evaluated the analytical results, the limitation of analytical instrumentation, the accruacy and precision of the test results and intrumentation, and has designed experimental methods. He has testified as expert concerning all these areas in Florida Courts.
An analysis of the defendant's urine showed the presence of the ethyl analogue of Cocaine based upon the FDLE analysis. A review of the data supported the defendant's explanation of unknowingly ingesting a beer given to him by one victim that had been spiked with cocaine at the home of the victims. Expert testified to that issue and the jury verdict of death was split enough to allow for appeals.A manufacturer of a medical test suddenly found that its reagent did not meet the clotting rate demanded by the specifications. Samples supplied from different lots including those that had passed showed the presence of an impurity. Blind testing showed that the impurity was a chemical poison which kept the reaction from occurring within specifications. An instrumental method was developed by Expert to determine which batches of reagent could be used to obtain reagents that met specifications.A civilian contacted Expert with the claim that he was being poisoned. A syringe with liquid was presented for analysis. An analysis showed that Malathion was present. At the time Expert met the person, the client could hardly form a sentence and showed other signs of poisoning. His doctor, given the analytical results was able to treat the client who recovered. The perpetrator of the poisoning was found to be relative who is now committed to a mental institution. Expert conducted independent research on the analysis of sexual lubricants that resulted in a comparison method being developed that could compare petrolatum based sexual lubricants found on the victim's clothing to a unique batch of product. A rape case in which there were no serological or physical evidence, except for an oily stain, was submitted to the Crime Laboratory just as the study had neared completion. With the permission of the prosecutor, Expert analyzed the stain and favorable compared it the contents of a batch of petrolatum based lubricant (petroleum jelly) found in a container at the scene which had the fingerprint of the suspect. Based upon Expert's testimony the suspect plead guilty and is confined to a mental institution. Expert has testified at several hearings in the Florida Alcohol Testing Program rules governing breath alcohol testing were challenged by the defense as being vague or based upon faulty science. Partly due to Expert's testimony, the Judges in several Florida Courts found the rules to be insufficient and ordered them to be rewritten.
|Year: 1975||Degree: none||Subject: Inorganic Chemistry, Science Education||Institution: Florida State University|
|Year: 1974||Degree: MS||Subject: Physical Chemistry (Infrared Spectroscopy)||Institution: Texas A & M University|
|Year: 1970||Degree: BS||Subject: Chemistry||Institution: University of Miami|
|Years: 1986 to Present||Employer: Undisclosed||Title: President and owner||Department:|
Responsibilities:Forensic analysis and consultation, previously manufactured chemical test kits and products
Review and evaluation of Analyst case files and data from opposing experts
|Years: 2009 to 2009||Employer: Columbia College||Title: Adjunct Instructor||Department: Chemistry|
Responsibilities:Instructor : Chemistry for the Health Sciences I and Chemistry for the Health Sciences Lab 1.
|Years: 2005 to 2006||Employer: Valencia Community College||Title: Adjunct Instructor||Department: Chemistry|
Responsibilities:Adjunct Instructor: Contemporary Chemistry, Fundamentals of College Chemistry
|Years: 1995 to 1998||Employer: Embry-Riddle University||Title: Adjunct Instructor||Department: Continuing Education|
Responsibilities:CLE credit course for attorneys: Blood and Breath Alcohol: Theory and Practice
Developed course, wrote book and taught class
|Years: 1993 to 1994||Employer: Seminole Community College||Title: Adjunct Instructor||Department: Chemistry|
Responsibilities:Adjunct Instructor: Introduction to Chemistry
CLE credit course for attorneys: Blood and Breath Alcohol: Theory and Practice
Developed course, wrote book and taught class
|Years: 1987 to 1991||Employer: Seminole Community College||Title: Adjunct Instructor||Department: Chemistry|
Responsibilities:Adjunct Instructor: General Chemistry, Contemporary Chemistry, Fundamentals of College Chemistry
|Years: 1976 to 1986||Employer: Florida Dept of Law Enforcement||Title: Crime Laboratory Analyst||Department: Bureau of Crime Laboratories|
Responsibilities:Was responsible for the analysis of narcotics, dangerous drugs and cannabis in dosage forms. Based upon an independent study, he was authorized to characterize petrolatum-based and aqueous based sexual lubricants in rape cases. He also was in charge of training the newly hired chemists at the Sanford Regional Crime Laboratory was on the training committee of the Tampa Regional Laboratory. He also gave expert testimony to his findings and wrote reports.
|Years: 1975 to 1975||Employer: BPI||Title: Senior Chemist||Department: QC|
Responsibilities:Quality Control of dyes for plastic sunglass lenses
Technical writer of instructions for instrumentation
|Years: 1976 to 1986||Agency: Florida Department of Law Enforcement||Role: Crime Laboratory Analyst||Description: Was tasked with the instrumental and chemical analyses of narcotics,dangerous drugs and marijuana. He also testified to his findings. Expert was also involved in the assessing and training newly hired personnel to the Chemistry sections at the Sanford and Tampa Regional Crime Laboratories of FDLE.|
|Years: 1976 to 1986||Agency: Federal U.S. Attorney Office||Role: Expert Witness||Description: Has testified numerous times as an expert in drug analysis for the U.S. Federal Attorney's office in Florida and Texas while employed by FDLE.|
|Years: 1986 to Present||Agency: Federal Public Defender||Role: Expert Witness||Description: Has testified numerous times for the Federal Public Defender in Florida since becoming an independent forensic consultant in the areas of drug analysid, urine drug screens and breath alcohol.|
|Associations / Societies|
|Expert is a member of the Royal Society of Chemistry (RSC), the American Institute of Chemists (AIC) and The Internationational Association of Forensic Toxicologists(TIAFT). He recently dropped corresponding membership to the CAC.|
|Licenses / Certifications|
|DEA License as analytical laboratory 1986-present
|Expert has been on the Editorial Board of the DWI Journal Law and Science for several years.|
|Awards / Recognition|
|Expert holds Fellow status in AIC and Chartered Chemist in RSC. He received a 10 years meritorious service award and pin from FDLE.|
|Publications and Patents Summary|
| Expert has presented five papers at meetings, is coauthor of one patent, published 31 papers and has self-published 3 coursebooks.
|Expert Witness Experience|
| Expert has testified as an expert for the prosecution over 1000 times in the area of Drug Identification in Federal Courts in Florida and Texas and State Courts in Florida. He has testified as an expert in Court Martial for both the defense and prosecution and at administrative hearings for both the defense and prosecution. He has consulted on hundreds of cases as an independent consultant. He recently was allowed to testify as an expert in Federal Court as expert in the area of synthetic cannabinoids and the Federal Analogue Statute.
|Training / Seminars|
| Expert has developed and taught CLE (Florida and Ohio Approved) courses on Blood and Breath Alcohol: Theory and Practice and (Florida Approved) course on Analysis of Controlled Substances. He also wrote the course books for these courses.
He has also trained law enforcement personnel on evidence packaging and presumptive testing of controlled substances while with FDLE. One of the responsibilities Expert had was as the trainer for the newly hired chemists at the Sanford Regional Crime Laboratory and a member of the training committee at the Tampa Crime Regional Laboratory (FDLE).
|As President of his company, Expert was responsible for the purchase of all equipment and supplies used in the analyses performed at the company as well as the maintenance and repair of equipment.|
|As the chief chemist, Expert attended conferences and exhibitions as an Exhibitor at which he had direct contact with customers and potential customers. As the Technical Writer, he had to understand the acumen of the clients. As a Forensic Scientist, Expert has to balance his knowledge with those of the jury, the attorneys and the Judges. He also has to keep abreast of recent developments in science, chemistry, instrumentation and instrumental analyses.|
|Other Relevant Experience|
| Expert has written course books used in courses he has taught. The teaching positions which he has taken helps him to explain complex ideas and science to laymen without a firm understanding of the concepts. This has also aided him in court testimony.
Expert has also been retained to verify the reliability of the lead testing method and procedure used by a manufacture of a water purification device.
Expert has been on the Editorial Board for the AIC for several years.
|German||Can sufficiently translate chemical papers from German to English with the assistance of a dictionary to the point of understanding the contents.|
|French||Can sufficiently translate chemical papers from French to English with the assistance of a dictionary to the point of understanding the contents.|
Fields of Expertise
expert witness, forensic chemistry, forensics, alcohol testing, alcohol toxicology, blood alcohol content, breath alcohol level instrumentation, breathalyzer, breathalyzer analysis, ethanol detection, drug identification, drug testing statute, forensic analysis, pharmaceutical analysis, pharmaceutical analytical chemistry, abused drug, drug analysis, controlled substance, absorption spectrum, applied spectroscopy, infrared absorption spectroscopy, infrared spectroscopy, molecular spectroscopy, vibrational spectroscopy, absorption spectroscopy, absorption spectrophotometer, analysis, analysis instrument, analysis technique, analytical chemistry, analytical test, analytical testing, chemical analysis, chemical testing laboratory, chromatography applications, gas chromatography/mass spectrometry, instrumental analysis, mass spectrometry, spectroscopy, ultraviolet absorption spectroscopy, ultraviolet spectroscopy, acceptance test, quality control, analysis of experiments, analytical instrumentation, analytical laboratory, case analysis, composition analysis, sexual lubricant, chain of custody, crime laboratory, hallucinogen, evidence collection, forensic pharmacology, design of experiments, alcohol detection, blood collection tube, illegal drug, Drug Enforcement Agency-restricted chemical, gas-phase infrared spectroscopy, chemical analyzer, blood storage, blood testing, control sample, employee drug testing, analytical chemistry instrument, chemical instrument, analyte, dimethyl sulfoxide, drug toxicology, alcohol tolerance, deuterated compound, angstrom, petroleum product analysis, high-performance liquid chromatography/mass spectroscopy, spectroscopy instrumentation, immunofluorescence laboratory blood analyzer, alcohol-level instrumentation, breathing, chemical testing solution, applied chemistry, Fourier transform infrared spectrometer, forensic toxicology, chemical element, drug blood level determination, blood alcohol level instrumentation, infrared radiation energy, alcohol compound, gas analysis, chemical reagent, analytical reagent, Department of Transportation drug testing regulation, nuclear magnetic resonance, data, Raman spectroscopy, toxicology, pH chemistry, petrolatum, Fourier transform infrared spectroscopy, drug screening, analytical chemistry distillation, chemistry, assay, alcoholic beverage