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Nassau County’s Continuing Crime Lab Problems

crime1-150x150 The United States Supreme Court recently ruled that laboratory technicians  will have to testify regarding lab tests for such tests to be accepted into  evidence. This will create significant problems for the Nassau County  District Attorney’s Office.

Nassau County Crime Lab Closed Since February

In February of 2011, the Nassau County Crime Lab was closed. This action was taken after the crime lab lost it’s certification for drug testing. Nassau County is now in the process of re-testing thousands of samples taken regarding drug cases. All of the testing is currently being undertaken by a crime laboratory located in Pennsylvania. It is estimated that this is costing Nassau County in excess of $100,000 per month.

Presenting Laboratory Evidence

The Supreme Court decision will require Nassau County to bring the crime laboratory technicians from Pennsylvania to testify with regard to the tests they conducted concerning evidence obtained by police in drug related cases. The United States Supreme Court case requires the actual lab technician who conducted the test to testify on the procedures utilized in the analysis of the drug material. The court ruling does not allow for supervisors or other employees to testify instead of the technician that conducted the tests.

Criminal Defense Lawyers

Criminal defense lawyers throughout the country have taken the position that this removes the unfairness from the submission of laboratory tests by prosecutors without calling the lab technicians to testify regarding their procedures. This gives criminal defense lawyers an opportunity to cross examine the laboratory employees with regard to how they handle the evidence sample and the tests and procedures undertaken by them.

Long Island and New York City Criminal Defense

The Law Offices of Schlissel DeCorpo represents individuals charged with crimes or who are being investigated for crimes. We are experienced in representing individuals charged with computer and internet crimesviolent crimes, white collar crimessex crimes, weapons possession, driving while intoxicated (DWI)shopliftingburglaryjuvenile offensesassault and batterydomestic violencedrug offenses and all other types of misdemeanors and felonies. Feel free to contact us for a free consultation.

Nassau County District Attorney Informs Convicted Criminals About Family Crime Lab Analysis of Drugs


Kathleen Rice is the District Attorney of Nassau County. She has recently notified three hundred inmates serving time in local and upstate penitentiaries that they should contact their attorneys or local legal aid organizations. This is on the heels of the disclosure of problems faced by the Nassau County Police Department’s crime lab. Problems stemming from the crime lab could have affected the 300 inmates’ cases.

Nassau County is currently involved in the process of re-testing all felony drug case material from 2008 to the present. In addition, Nassau County is also re-testing all blood-alcohol related material from as far back as 2006.

District Attorney Rice’s letter to the inmates specifically stated the purpose of this letter is to make you aware of this situation and to provide you with contact information should you have any questions or wish to contact legal counsel. It is my hope that this letter provides you with the ability to appropriately consider the events in the last few months in the context of your criminal case.

Lawyers Move To Surpress Evidence and Set Aside Convictions

There have been more than forty motions made to the courts in Nassau County by attorneys for defendants requesting that evidence be suppressed (kept out), or that conviction be set aside due to the mishandling of evidence by the Nassau County Police Department crime laboratory. District Attorney Kathleen Rice has put together a team of Assistant District Attorneys to handle these challenges concerning the questionable evidence practices of the Nassau County crime laboratory.

Criminal Lawyers

Our law office has extensive experience in representing individuals charged with crimes throughout the Metropolitan New York area. We represent individuals charged with white collar crimes, sex crimes, weapons possession, drunk driving (DWI), shoplifting, burglary, juvenile defense, assault and battery, domestic violence, drug offenses and all types of felonies and misdemeanors. If you are charged with a crime, call us. We are on duty seven days a week. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.

3-year-old Chokes on a Carrot at a Day Care Center

daycare-150x150On March 17, 2009, Lisa’s beautiful 2-year-old daughter, Olivia, choked on a carrot while she was attending The Carousel Day Care School in Hicksville, New York. She died as a result.

Lisa Raspanti entrusted her daughter to the Carousel Day Care School. She thought the school was licensed; they were not!

The owner of The Carousel Day Care School, Eugene Formica, was recently convicted and sentenced to three years probation after pleading guilty to second degree reckless endangerment. Reckless endangerment is a misdemeanor in the state of New York.

The Carousel Day Care School was not licensed. At the time of his sentencing, Eugene Formica turned directly to Lisa Respanti and said, “not a day goes by that I don’t think of Olivia and I pray for her and her family.”

Judge James McCormick, the judge handling the case, commented that although Mr. Formica remorse was genuine, it was much too late.

Kathleen Rice’s office, the Nassau County District Attorney, commented that The Carousel Day Care School employed too few teachers. The teachers there employed were undertrained. There are too many children in this facility. The children were not properly supervised. This a recipe for tragedy!

Olivia took a carrot from her teacher’s bag. This, in and of itself, was a violation of New York state law. The property of day care employees is supposed to be maintained in a safe area. She choked while trying to eat the carrot.

When interviewed after the court proceeding, Stacey stated, “we hope our legislature will see fit to change the laws that contributed to Carousel’s belief that they can circumvent the system”. Hopefully the New York State legislature will take the appropriate action to close the loop holes in the state law that allow illegal, unlicensed day care facilities to operate. The State should also aggressively enforce the laws that currently exist concerning day-care centers.

Legal Services Provided by our Firm

Our office represents individuals charged with all types of criminal matters. We represent individuals charged with driving while intoxicated, weapons possession, juvenile defenses, shoplifting and domestic violence matters. In addition, we assist our clients with the prosecution of all personal injury cases.

Feel free to call us for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802.

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