After much toil and trouble, I was finally able to get my hands on the sustained complaints from the San Diego Sheriff's Department on one of their crime lab people who has been testifying falsely in San Diego DUI cases for 12 years..
Sheriff's Legal Advisor, Sanford Toyen, attempted for months to block me from obtaining these records. After a threat of litigation, he finally came up with three very damning letters from prosecutors complaining about the ineptitude of San Diego Crime Lab Analyst Belen Hebreo.
The first letter, dated November 16, 1995, is authoried by Thomas Zeleny. Zeleny was then a deputy city attorney in the criminal trial division. What he says is damning. Apparently on November 8, 1995, Zeleny called Ms. Hebreo as an "expert" witness in a San Diego DUI case. The trial was before Judge Howard Shore. After the trial, Zeleny reports that Judge Shore told him Ms. Hebreo had "no business being on the witness stand." The judge questioned Ms. Hebreo's claim that she had been qualified as an expert witness 25 times before because she was, in his estimation, the "worst" lab witness he'd ever seen."
Zeleny goes on to talk about how Ms. Hebreo just made things up on the witness stand; i.e. she claimed that Horizontal Gaze Nystagmus is masked by tolerance. Then she switched up and reversed herself, saying it wasn't. Then she testified that if someone were physically impaired, it doesn't mean they are mentally impaired. After lots of prodding, Zeleny said she "gave the correct response."
Zeleny then began to give Hebreo a hypothetical, and she couldn't wait for him to finish before she began testifying that the defendant was under the influence. She kept cutting off the prosecutor before he was finished causing so much hysteria in the courtroom that, "I also noticed the jury could barely contain their laughter as juror's faces turned red trying not to make any noise and faces became tense trying not to smile."
Alright, on to the next complaint......