Cincinnati area defense attorneys are raising concerns about the credibility of a former Miami Valley Crime Lab analyst accused of altering test results.Bill Gallagher is representing the owners of the VIP Smoke Shops. They are accused of selling products with illegal levels of THC, an allegation they deny. Gallagher said the analyst’s actions led to the dismissal of two charges. Attorney Jay Clark is not representing the shop owners but is familiar with the case and the allegations against the former crime lab employee.”That’s all you have with criminal cases sometimes, is somebody’s credibility,” Clark said. WLWT Investigates is not naming the analyst because she has not been charged with a crime. Clark explained that the analyst handled preliminary, or presumptive, drug testing. “She sent it to the confirmatory testing, I think it was a gas chromatograph. The gas chromatograph result was different than what she recorded as the presumptive test, so she changed her results to match the presumptive test to the gas chromatograph,” Clark said. An internal report obtained by WLWT Investigates states that confirmatory testing still supported the final conclusions. However, defense attorneys argue that the analyst’s actions raise questions about her credibility and other cases she worked on. “I think it’s not necessarily her testing. It’s the fact she tested it and lied about it. What else is not as it appears? It is bigger than the VIP case,” Clark said. “Every case that she did any drug analysis on would have to go back and be looked at.” The crime lab’s internal report states the analyst “resigned before the investigation was initiated” and the lab was “unable to determine the reason for the alteration.” “I wouldn’t think her results should always match the confirmatory test because sometimes it is a presumptive test, it’s not going to be accurate 100 percent of the time. So, it makes no sense why a person would go back and do that. Which to me puts another level of dishonesty on it. She lied about something she didn’t have to lie about,” Clark said.Brooke Ehlers, director of operations at the Miami Valley Crime Lab, provided a statement emphasizing the lab’s commitment to scientific excellence and transparency. “The Miami Valley Regional Crime Laboratory is committed to delivering the highest standards of scientific excellence in every analysis we perform, ensuring that our work, and employees, consistently meet rigorous professional and ethical benchmarks. Through innovation, continuous improvement, and adherence to best practices, we provide accurate, unbiased, reliable, and timely forensic services that support the pursuit of justice,” Ehlers said. She added, “Equally, we are dedicated to transparency in all aspects of our operations. By maintaining open communication, clear documentation, and accountability in our processes, we foster trust with our stakeholders, partners, and the communities we serve. Our commitment to integrity and a proactive quality system ensures confidence in our results and reinforces our role as a trusted leader in forensic science.” Ehlers also clarified that the analyst’s resignation was the result of a proactive quality process and said test results were not affected. She also said the discrepancy investigated had no connection to the VIP Smoke Shops case or similar casework.
MONTGOMERY COUNTY, Ohio —
Cincinnati area defense attorneys are raising concerns about the credibility of a former Miami Valley Crime Lab analyst accused of altering test results.
Bill Gallagher is representing the owners of the VIP Smoke Shops. They are accused of selling products with illegal levels of THC, an allegation they deny. Gallagher said the analyst’s actions led to the dismissal of two charges.
Attorney Jay Clark is not representing the shop owners but is familiar with the case and the allegations against the former crime lab employee.
“That’s all you have with criminal cases sometimes, is somebody’s credibility,” Clark said.
WLWT Investigates is not naming the analyst because she has not been charged with a crime. Clark explained that the analyst handled preliminary, or presumptive, drug testing.
“She sent it to the confirmatory testing, I think it was a gas chromatograph. The gas chromatograph result was different than what she recorded as the presumptive test, so she changed her results to match the presumptive test to the gas chromatograph,” Clark said.
An internal report obtained by WLWT Investigates states that confirmatory testing still supported the final conclusions. However, defense attorneys argue that the analyst’s actions raise questions about her credibility and other cases she worked on.
“I think it’s not necessarily her testing. It’s the fact she tested it and lied about it. What else is not as it appears? It is bigger than the VIP case,” Clark said. “Every case that she did any drug analysis on would have to go back and be looked at.”
The crime lab’s internal report states the analyst “resigned before the investigation was initiated” and the lab was “unable to determine the reason for the alteration.”
“I wouldn’t think her results should always match the confirmatory test because sometimes it is a presumptive test, it’s not going to be accurate 100 percent of the time. So, it makes no sense why a person would go back and do that. Which to me puts another level of dishonesty on it. She lied about something she didn’t have to lie about,” Clark said.
Brooke Ehlers, director of operations at the Miami Valley Crime Lab, provided a statement emphasizing the lab’s commitment to scientific excellence and transparency.
“The Miami Valley Regional Crime Laboratory is committed to delivering the highest standards of scientific excellence in every analysis we perform, ensuring that our work, and employees, consistently meet rigorous professional and ethical benchmarks. Through innovation, continuous improvement, and adherence to best practices, we provide accurate, unbiased, reliable, and timely forensic services that support the pursuit of justice,” Ehlers said.
She added, “Equally, we are dedicated to transparency in all aspects of our operations. By maintaining open communication, clear documentation, and accountability in our processes, we foster trust with our stakeholders, partners, and the communities we serve. Our commitment to integrity and a proactive quality system ensures confidence in our results and reinforces our role as a trusted leader in forensic science.”
Ehlers also clarified that the analyst’s resignation was the result of a proactive quality process and said test results were not affected. She also said the discrepancy investigated had no connection to the VIP Smoke Shops case or similar casework.