UPDATE: Forensic expert questions validity of non-biological toxicology report

An interesting turn Wednesday in the jury trial of Valorie Handy, the 52-year-old woman charged with murder by abuse in the death of a 10 month old baby boy who was in her home daycare. 

Because of a scheduling conflict the defense was able to call an expert witness out of turn, who called into question the validity of the non-biological toxicology report. A report that tests whether chemicals were left on items such as the child’s pacifier, pillow and blanket.  

The report in question shows several items tested positive for the chemicals dextro levo methorphan, doxylamine and diphenhydramine an active ingredient in Benadryl.

The state claimed in opening statements that Benadryl is what the infant died of.   

However Expert witness Dr. Nicholas Lapas, an associate professor in Forensic Sciences at George Washington University and a former toxicologist for the Allegany County coroners office said the findings for all three chemicals were invalid because there was not a proper negative control sample done. Meaning a sample that ensures that you won’t get a false positive when testing the material for chemicals. 

During cross examination the state said the proper control tests were done, but they could not produce the litigation packet to prove it.

Lapas countered saying despite the 2,000 plus page litigation packet that in his expert opinion scientific procedures weren’t followed because if they were those findings would have been in that final report. He even added that freshman chemistry student would have known to put those control findings in that final report.

The state dismissed Lapas after that.

In what has been a trial that the judge said originally would last several weeks, it appears the case may have a chance of wrapping up December 1.

Trial is set to resume Monday.