ACCURATE RESULTS ARE CRUCIAL!

State government officials and operators of the criminal justice system hope bad news is old news when it comes to the Indiana Department of Toxicology, soon to be under new management.

The news isn't getting better. An independent audit of positive cocaine test results for criminal cases between 2007 and 2009 found that 32 percent of the tests fell short of accepted scientific standards.

That compares to a 10 percent error rate for marijuana for the period, a finding that stirred great concern back in April. Results for alcohol, then for amphetamines and other drugs, are yet to come.

Hundreds of prosecutions could be affected. While procedural missteps do not necessarily indicate false positives -- and wrongful convictions -- the error rate for cocaine raises "a distinct possibility that there are some false positives," says former Marion County prosecutor Scott Newman, who is troubleshooting the lab.

The lab, which serves every county expect Marion, has been run by Indiana University since 1957. A new law enacted in response to its troubles shifts the job to a state government agency as of July 1.

That's encouraging in a couple of ways. It calls for a director and an advisory board with toxicology savvy and requires national accreditation. The period of the disturbing audits was one in which the lab was headed by a person without toxicology credentials, and Newman says the staff lacked direction either from management or protocol. National accreditation should set that path, as well as subjecting the lab to regular outside inspection.

The question remains, however, whether new proprietorship can handle the immense caseload yielded by the wars on drugs and drunken driving. Inadequate staffing and underfunding have been cited as culprits in the poor audit results, and the budget for the lab has been cut to $2.1 million from $2.5 million.

State Sen. Thomas Wyss, co-chairman of a gubernatorial assessment team that recommended the transfer from IU, says he is open to endorsing more if the advisory council makes a case later. Steven Johnson, executive director of the Indiana Prosecuting Attorneys Council, agrees that the money is sufficient. The final outcome of the audit will have much to say about that issue. And in light of the embarrassing results so far, who can refute Larry Landis, executive director of the Indiana Public Defender Council, when he argues the audit should be extended to pre-2007?

The advisory council will have to decide that as well, Scott Newman says. It's going to be a group with quite a job on its hands.