IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA STATE OF FLORIDA, vs. CASE #: 13-XXXXXXCF10A Div.: XXXXXXXX PRC MOTION TO COMPEL ADDITIONAL DISCOVERY COMES NOW, Defendant, PRC, by and through his undersigned counsel and submits Defendant's Motion for Additional Discovery and/or Subpoena Duces Tecum and in support thereof states as follows: 1. Defendant was arrested on September 30, 2013 by Officer RD of the Police Department; 2. Officer RD discovered a bag of powder in Defendant's pocket which he, based on his training and experience, believed to be heroin; 3. Officer RD alleges that this was a consensual search; 4. Officer RD further alleges that he conducted a field test of the substance using Narcotest # 24 based on his belief that the substance was heroin; 5. Narcotest # 24 contains a substance known as Mecke's Modified Reagent. This test is specifically designed to detect the presence of heroin. The only exception to this is that the aforesaid reagent may be able to detect the presence of 3, 4-methylenedioxymethamphetamine a/k/a MDMA or XTC. See The National Institute of Justice Law Enforcement and Corrections Standards and Testing Program Color Test Reagents/Kits for Preliminary Identification of Drugs of Abuse attached and made a part hereof as Exhibit "A"; 6. The solution contained in the Narcotest # 24 will immediately turn green upon the introduction of heroin into the reagent. See Exhibit "A"; 7. Mecke's Modified Reagent will have no reaction upon the introduction of cocaine into the reagent. Any assertion that cocaine can cause a false positive for heroin when using Narcotest # 24 is an absolute scientific impossibility. See Exhibit A; 8. The proper reagent to determine the presence of cocaine is cobalt thiocyanate. See Exhibit "A"; 9. Cobalt thiocyanate is contained in Narcotest # 4 and Narcotest # 13. See Narcotest Instructions Published by BVDA(the manufacturer for Narcotest Products) attached and hereby made a part of as Exhibit "B"; 10. Officer RD did not test the alleged substance with Narcotest # 4 or Narcotest # 13;
11. Officer RD arrested defendant for possession of heroin and the substance which was purportedly taken from Defendant's pocket was submitted to the Broward Sheriff's Office Crime Laboratory for testing; 12. The laboratory tests were conducted by DK who is currently suspended and under investigation for misconduct related to drug testing; 13. The substance tested in the Broward Sheriffs Office Crime Lab tested positive for cocaine; 14. The Office of the State Attorney later changed the charge to possession of cocaine based on the Broward Sheriffs Office Laboratory Report; 15. The preliminary identification of the substance as heroin and the later determination that the substance was cocaine are mutually exclusive as Narcotest # 24 would have provided no reaction to the presence of cocaine; 16. Defendant is in need of the following documents in the possession, custody and/or control of the following documents and information in order to properly prepare a defense in this matter: A. Evidence collection forms or logs (description of evidence, packaging, identification of specimens, identification or individuals collecting samples, sample collection procedures.) B. Chain-of-custody records (field-to-lab transfers, and all transfers of evidence and associated analytical samples within the laboratory.) C. Laboratory receiving records (records documenting the date, time and condition of receipt of the evidence in question; laboratory- assigned identifiers; storage location.) D. Laboratory procedures for subsampling (collection of analytical aliquots) and contamination control. E. Copies of technical procedures in effect at the time the subject testing was performed for each procedure used during sample screening and confirmation, including; sample preparation, sample analysis, data reporting, and instrument operation. F. Copies of the two bracketing controlled substance proficiency results for each analyst and technician responsible for preparation or analysis or subject specimens, including; raw data and reported results, target values, and acceptance ranges, performance scores, and all related correspondence. G. Copies of traceability documentation for standards and reference materials used during analysis, including unique identifications, origins, dates of preparation and use, composition and concentration of prepared materials,
certifications or traceability records from suppliers, assigned shelf lives and storage conditions. H. Sample preparation records, including dates and conditions of preparation, responsible analyst, procedural reference, purity, concentration and origins of solvents, reagents, and control materials prepared and used, samples processed concurrently, extract volume. I. Copies of bench notes, log books, and any other records pertaining to case samples or instruments; records documenting observations, notations, or measurements regarding case testing. J. Instrument run log with identification of all standards, reference materials, sample blanks, rinses, and controls analyzed during the day/shift with subject samples (as appropriate: run sequence, origins, times of analysis and aborted run sequences.) K. Record of instrument operating conditions and criteria for variables, including as appropriate: Gas chromatograph column, instrument file identification, tuning criteria, instrument performance check (e.g. ion abundance criteria), initial calibration, continuing calibration checks, calibration verification. L. Record of instrument maintenance status and activities for instruments used in subject testing, documenting routine and as- needed maintenance activities in the weeks surrounding subject testing. M. Quality control documentation that includes the subject samples. For GC- MS analysis, this would include: areas and retention times, injection volumes, dilution factors, chromatograms and mass spectra. As prepared and as determined values for all quality control samples. N. A description of the library used for spectral matches for the purpose of qualitative identification of controlled substances, including source (s) and number of reference spectra. 0. Results of contamination control surveys for trace level analytes relevant to test methods at the time of analysis, including sampling design and analytical procedures. P. Records and results of internal reviews of subject data. Q. Method validation records documenting the laboratory's performance characteristics for qualitative identification and quantitative determinations of the controlled substance, to include data documenting specificity, accuracy, precision, linearity, and method detection limits.
R. Copy of the laboratory's Quality Manual in effect at the time the subject samples were tested as well as the laboratory's most recent Quality Manual (however named; the document that describes the laboratory's quality objects and policies.) S. Statement of qualifications of each analyst and/or technician responsible for processing case samples to include all names, locations, and jurisdictions of cases in which these personnel testified concerning the same substances found in the present tense. T. Copy of internal audit reports generated during the period subject samples were tested. U. List of capital instrumentation in the laboratory at the time subject testing was performed, including manufacturer, model number, and major accessories. V. Production throughput date for the drug testing section: number of tests performed per month or per year, and the number of Full Time Equivalent personnel in the drug testing section of the laboratory. 13. The aforementioned falls under the holding in Brady v. Maryland and as the Broward County Sheriff's Office Crime Laboratory is a state agency, the documents and information requested are deemed to be in the constructive possession of the Office of the State Attorney. WHEREFORE, Defendant, PRC, respectfully requests that the State be ordered to turn over the aforementioned documents and information within 30 days. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the Office of the State Attorney by email on. Respectfully submitted, The Law Offices of Michael A. Dye, PA