Jury Reviews Medical Documents
WARSAW — It was a short morning for testimony, Wednesday, Feb. 17, in the jury trial of Scott Wilkins, 37, 136 N. Main St., Milford. The jury heard testimony from two witnesses and started to hear the third, when an objection by the defense sent the jury back to the juror room to review approximately 100 pages of medical records. The trial was then recessed for lunch for an undetermined amount of time.
Today is the third day of a scheduled five-day trial in Kosciusko Superior Court 3.
Testimony, for the prosecution, began at 9:41 a.m. today by Great Lakes Lab employees Tina Wolter, a lab tech; and Rachel Jones, forensic analyst. The women testified to lab procedures when receiving blood and urine samples for testing, protocol, equipment verification and how each conducted sample testing. While on the stand, both were asked results of the blood and urine samples tested from Wilkins.
Both women stated THC or tetrahydrocannabinol, which is the chemical responsible for most of marijuana’s psychological effects, were found in the samples. The amount, 11.3 nano-grams per milliliter was recorded on the test results. The use of a gas chromatography-mass spectrometry, an analytical method, was noted as being used.
Wolter explained her education, work experience, membership, and continuing education, testified to the standard procedures of how samples are received, the internal chain of custody and what occurs after her testing is complete. She was questioned what occurs if samples are found to have been tampered with – seals broken. Her response was the samples are not tested.
Wolter added once her tests are complete it is sent to a forensic analysist for conformation and the same procedures followed.
Jones, who was asked to explain similar topics as Wolter, was asked to put in layman’s terms what the THC amount meant. She stated the 1109 THC is the metabolite of marijuana.
During questioning by Mark Caruso, defense attorney, questioned Wolter if the lab is accredited by the the state of Indiana and to explain the calibrations and controls used with the equipment. Wolter stated each time samples are tested, the equipment is calibrated from samples from an outside lab.
Caruso asked Jones why there was a missing number in lab samples, if ethanol was found in the urine and if it was typical. Jones stated often there are extra tubes, which are not tested and it is typical only two tubes are tested. She added ethanol was found in the urine. This is metabolized out of the blood.
Jones was also asked what the THC numbers meant. Jones stated she was not a toxicologist and could not say.
Lt. Chris McKeand with the Kosciusko County Sheriff’s Department, was the last to take the stand this morning. McKeand testified he was at Kosciusko Community Hospital with Wilkins and when he was transferred from KCH to Lutheran Hospital due to his injuries.
After the state submitted exhibit 30, business medical records from KCH, Caruso objected to McKeand testifying to the content of that exhibit as his personal knowledge was not needed. Judge Joe Sutton overruled the objection and the 71 page document was entered as a state exhibit.
Deputy Prosecuting Attorney Karin McGrath asked McKeand to read sections of the documents regarding Wilkins’ condition during triage, neurological evaluation, and psychological status. McKeand read the sections requested. Those areas states there was no mental status changes, he (Wilkins) was alert an oriented times three, speech was clear, responds to all commands, he had normal strength tone, was oriented to place and time with no motor deficient sensory, and his mood and affect were normal.
Before McGrath went further in the officer reading statements in the report, Caruso objected, stating there was no need to hear the officer read the document. “That has been admitted and jurors can read it on their own time.” Sutton agreed and recessed the trial to allow jurors time to read not only the 71-page document from KCH, but also exhibit 31, a smaller document regarding treatment after Wilkins was transferred to Lutheran Hospital.
The jurors were dismissed at 10:43 a.m. and returned at 11:28 a.m. Several minutes later the judge recessed the trial for a lunch break.
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