Don't want an extension

[melissa3]

Dear Socrateaser,

I have done some researchfor my case which may help with what I am trying to do.

Let me see if I can explain this better with further detail. Basics starting from the beggining:

1. My ex has a video of me taking my prescription and said I was abusing it. Her tape was NOT admissible.

2. I failed a hair follicle and urine test because of my prescription. However, I volunteered to take these tests AFTER my attorney agreed to the evaluation. (He assured me the evaluation was in my best interest.)

3. The tests were questionable because my prescription did not show up on my test. Morphine showed up instead.

4. However, after doing my own research recently, I've found out that my medication breaks down into morphine before it leaves the system so it is impossible for my medication to be detected in its pill form as codeine.

5. There is no evidence of me being a danger on medication. No police record, no witnesses......

6. I have three recent urine tests, which show I am clean.

7. I have been trying for 9 months to afford this thing - to no avail. I now have one month to complete the evaluation but, even with help from the Department of Public Health, I have no way of affording it. My financial statement proves that.

8. This evaluation is the ONLY thing impeding the ending of this case.

In my humble opinion, there is nothing that I can see that substantiates me being forced to undergo an evaluation (now and in the first place.)  



I am asking you these following questions because my attorney just wont hear me out. I really feel this evidence could be important.


So, at the risk of being seriously annoying:

Question:

1. Now that I can show I am not/never was a danger, prove why I failed the tests/had false postives, that I am no longer on my prescription, and prove that my first attorney was negligent in defending me in the first place, do I have a leg to stand on when asking the judge to drop the evaluation?

Thank you very much.

Have a nice Holiday.....

[socrateaser]

>Question:
>
>1. Now that I can show I am not/never was a danger, prove why
>I failed the tests/had false postives, that I am no longer on
>my prescription, and prove that my first attorney was
>negligent in defending me in the first place, do I have a leg
>to stand on when asking the judge to drop the evaluation?

You believe that your evidence proves you're clean. Unfortunately, your proof requires an expert on the witness stand to explain it -- otherwise the court probably won't admit the evidence, because (1) it's too complex to be relied on in the absense of the expert's testimony, and (2) it's not clear that the tests have been held in a substantially unbroken chain of custody. Once again, you would need proof of this, from the laboratory.

As the expert will cost more than your evaluation -- you are better off to do the evaluation. On top of this, the court already ordered the eval, and judges don't like parties who try to dance around the court orders.

Which is why your attorney doesn't want to listen to you -- because your argument, while good on the surface, will not hold up and will be more expensive to prove than the evaluation.

[melissa3]

"(2.) it's not clear that the tests have been held in a substantially unbroken chain of custody. Once again, you would need proof of this, from the laboratory. "

I have a print-out from the website of the Lab that did my testing. It lists a fact sheet with all common questions. Here are some of the questions I thought may pertain to my case.

"18. Is Omega Laboratories' internal chain-of-custody comparable
to a urinalysis laboratory test procedure?
Omega's internal chain-of-custody is modeled after Federal guidelines (SAMHSA) as well as other accredited agencies (CAP).

4. Are hair testing laboratories required to have FDA approval?
There is a misconception that the FDA regulates workplace drug testing laboratories such as Omega. The FDA's responsibilities actually lie in overseeing the safety of consumer products – not workplace drug testing. Omega holds the highly-respected College of American Pathologists accredition as evidence of the highest standards of testing procedures and processes.



and also:

2. What drugs are included in a standard Hair Drug Test?
Cocaine (cocaine & benzoylecgonine), marijuana, opiates (Codeine, Morphine & 6-monacteyl morphine), methamphetamine, (Meth/amphetamine & Ecstasy), and phencyclidine (PCP). These five drug classes are mandated for testing by the Federal Government.

You'll notice that codeine and morphine are listed together which implies their tests do not accurately differentiate between the two.



15. Can hair be affected by cross-reacting substances such as over-the-counter medications?
Enzyme-immunoassay antibodies (EIA), similar to those used to test urine, are used for the initial screening test for drugs of abuse in hair; therefore the potential for substances such as over-the-counter medications to cause a false positive screening result does exist. To eliminate the possibility of reporting a false-positive due to cross-reactivity, Omega confirms all positive results by GC/MS for methamphetamine, opiates, PCP,cocaine and marijuana.

21. What experience does Omega Laboratories have in providing
Expert Witness Testimony?
Omega Laboratories' forensic experts have qualified as expert witnesses in Ohio, New York, California, Texas, Nevada, Oklahoma, Alabama and Arizona in over 250 civil, criminal, and Superior Court trials.


I understand expert testimony is expensive and may be more than the eavluation. Thank you for bringing that to my attention.

Ok, here goes.....

Question:

1. Can any of the info I have listed here be of any "legal" relevance?

Thank you so much.

[socrateaser]

>Question:
>
>1. Can any of the info I have listed here be of any "legal"
>relevance?

OK, look, you're not listening. Everything you present is relevant. But, the court wants an evaluation by an expert -- not some other possibly credible evidence, without an expert.

So, that's it. You need to get over it, because you are banging your head against a wall and it's just gonna hurt you.

Please don't raise this issue to me again -- if you do, I won't respond. Find the money -- pay for the eval and move on with the process -- or don't, and suffer the consequences.