Washington State top toxicologist is under investigation for failing to follow procedures. - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Washington State top toxicologist is under investigation for failing to follow procedures.

Seattle, WA -The Washington state patrol says a top toxicologist Ann Marie Gordon is under investigation for failing to follow procedures.

They claim the former toxicology manager never tested the solution used by the department's breath test machines.

Gordon, who resigned earlier this month, signed off that she did personally inspect the solution, but it has since been found that she did not.

The toxicology lab's director says this doesn't compromise any test results because the solution was checked by several other analysts, but attorney Francisco Duarte, who represents DUI defendants disagrees.

Duarte Stated "It has the potential to affect many criminal prosecutions related to DUI incidents."

 Gordon also mistakenly threw away two blood samples in the case against suspected drunk driver and former fugitive Fred Russell who is facing vehicular homicide charges in the death of three WSU students in 2001.
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