Attorneys Questioning New Drug Testing Lab

Local defense attorneys are questioning the county's use of a new drug testing lab to test probationers.

The group claims they've been contacted by several people who work within the criminal justice system and are concerned about what they call a significant increase in false positive test results.

Bexar County recently switched over to a new lab, which has caused a number of defendants to reportedly test positive, resulting in probation revocation

[Diego Tovar]

Hello, my name is Diego Tovar, This letter is in regards to the Adult Probation story that aired on 3-27-08. In 7-29-07 I was arrested for posession of "pot" 2-4 oz. That marked the end of my 11 years of smoking "pot". I was then put on probation for 9 months from 11-1-07 til 8-1-08. The terms were that my first u.a. on 12-3-07,was to be used as a "base-line" to see what my nanogram levels of "t.h.c." toxin was. It was "250" what ever that means. They stated that the first u.a. even if found "dirty" my probation would not be revoked since it was used as a measurment. On 12-4-07, there was a warrant for my arresst due to my u.a. being "too dirty" I had to post bail and avoid jail so i can work and pay off my fines. Since then I've had to report once a week for u.a. As I mentioned earlier I had been smoking for 11 years up until 7-29-07 my u.a. levels toxin levels were really high, no pun intended, and slowly dropping, but still being accused of smoking while on probation, which is not true. in 2-1-08, The Adult Probation went to there "new and improved u.a. lab" and my probation officer, Javier Torres, stated that: 1.)"they" do not go by toxin or nanogram level checks any more because "they" have there own terms and conditions; so if any hint of thc was detected, they would file a motion to revoke my probation. Even after probation knew that my levels were dropping, which is all they wanted to see. Since 2-1-08, I have been m.t.r. once a week and have had to deal with either warrants for my arresst, jail time for a day or so, there for missing work, and or having to post bail, which is money i dont have. I was recommended by my Drug Offender Education Program Instructor to have my own u.a. performed @ a place that he sends people to in similar situations. The results have been NEGATIVE. I have not smoked since Probation started in 11-1-07. My p.o. and the judge in county court 11, JoAnn DeHoyos, did not take that into consideration @ all. These u.a.'s were done within 30 minutes of taking my u.a. with my Probation. I've leared a big lesson and dont plan on smoking even after 8-1-08, Because I've lost alot my family's trust. I've been so close to getting fired over false arressts. I've had to sell alot of my possesions to come up with bail money when I should not even be sent to Jail over False Positive u.a. I'm not asking for a break from the consequences of poss. of pot, Im not trying to pose as Mr. goodie 2 shoes. I dont deny That I was wrong for breaking the law in 7-29-07, but probation has made this experiance worse. I have court on 4-3-08 and i am armed with experts from the States Drug Offender Education Program to let them know that, Yes my system will be "dirty" but not smoking on probation.

[Kristin]

Hi My name is Kristin. My fiance is on probation here in bexar county. Just a couple of weeks ago the police came and arrested my fiance. They wouldn't tell me why. I had to get an attorney to bond him out because he got an MTR. We couldn't figure out what was going on until the attorney told us that he was arrested for a positive of cocain in his urine. We couldn't believe it. Not possible!! He doesn't use cocain! He has been on probation for years since i have been with him and never came up positive once until he started going to this new place. Treatment Associates on San Pedro. So Then he reported to his probation a few days after i bonded him out and his probation officer sent him to the same place and he came up positive again! What the Hell is going on at this new place? My fiance went and payed to go take another drug test at a different place other than where his probation is sending him and my fiance came out negative!!!!!! So whats up with that? What are they doing? They are ruining our lives. This is unacceptable! Someone PlEASE STOP THEM! This is not right. We have a family here. We are about to get married and we have 4 kids that Love their Daddy. We Don't want to lose him especially to something we have no control over and something that he is innocent of. I called that Treatment Associates and i told them what they are doing is affecting peoples lives and they are so wrong for doing this. This is reality. Something must be done. And the people I spoke to at Treatment Associates talked as if they could care less. So either their tests are wrong or they are setting people up. You know it's like this, yes my fiance made a mistake in his life and thats why he's on probation. But aren't people allowed to change and when they do why bring them right back down. And then no one is going to believe you because your labeled a criminal for the rest of your life so even when you are doing right, to them you're still wrong. You know we have a motto, we always do the next right thing. I think these people at the probation office and at the Treatment Associates need to take a lesson from my fiance. ALWAYS DO THE NEXT RIGHT THING! Damnit! Now think about it who's really the crooks? Now if you never believe anything i say please believe this one thing I Love my fiance and if he was guilty of having a dirty UA i believe he should take his consequence but he is NOT and if these people take him away from me and my kids for something he did not do, I will dedicate the rest of my life to prove his innocence and to let the whole world know how crooked this damn county is. Everyone that this is happening to needs to take a stand! Please i beg you!

[Gracchus]

you both forgot to mention- "where there's smoke - there's Fire"...

[aaa]

Gracchus wrote:

you both forgot to mention- "where there's smoke - there's Fire"...

what is that supposed to mean?

[Gracchus]

it was a double Pun- Smoke( the slang for Marajuana0 and the saying - "where there is smoke there is fire "- meaning that the Likelihood of a Felon, arrested with the same illegal Narcotic, would show positive on a drug test for it ,is statistically accurate across the General Population considering the nature of his past.
i.e. It is more probable that the OP is Guilty of said Probation offence, and the test is not flawed. but that is not a 100% absolute- then again few things are

[Kristin]

Gracchus wrote:

it was a double Pun- Smoke( the slang for Marajuana0 and the saying - "where there is smoke there is fire "- meaning that the Likelihood of a Felon, arrested with the same illegal Narcotic, would show positive on a drug test for it ,is statistically accurate across the General Population considering the nature of his past.
i.e. It is more probable that the OP is Guilty of said Probation offence, and the test is not flawed. but that is not a 100% absolute- then again few things are

That is totally understandable. And if i was on the outside looking in thats exactly what i would see personally. But in this case with my fiance it is not accurate. and i'm not just saying that because I love him, i'm saying this because it's the God honest thruth. He has taken so many UA's these past years and never came up dirty until the first day he went to this new lab. and then they sent him there again and he's dirty again. but taken at another place he is not. u see what i'm saying. something is terribly wrong at this Treatment Associates at San Pedro. They say they test it with some type of machine. This machine has a flaw obviously. and you want to hear the worst part... we are hearing that its possible that the drug test tooken at another place may not hold up in court. I just can't believe it. This whole thing makes him look bad, really bad and its hard to believe. But I hear that this is happening to so many people all of a sudden since they switched over to this new lab. If you read the whole story on KSAT u will read that an employee at the probation is saying that these test are more accurate than ever. Which this person is covering up for someone or somethings mistake. but How is that anyway? It's urine?

[UNKNOWN]

DAT IS NOT GOOD DAT A BD THING TO DO EXPECIALY WIT LITTLE KIDS

[Kristin]

ok it just happened again right now! They came and arrested my fiance for dirty UA. I was at work in another town when he called me and said they were arresting him again. I don't know what to do anymore. I'm going to lose my job,my kids, my family if these people don't stop what they are doing or correct the situation. I know we are not the only ones going through this. I need others to speak up, call the news station, call that Treatment Associates on San Pedro, tell everyone that they can't ruin our lives like this! Somebody needs to do something!

[---who---]

Kristen- Maybe the Fiance'( aka Live in Boyfriend) should stop doing Dope

[Kristin]

---who--- wrote:

Kristen- Maybe the Fiance'( aka Live in Boyfriend) should stop doing Dope

You know what. You are so quick to judge. Do u even consider that maybe things aren't right in our county? Something is wrong. I will give you this much. I know it looks bad but just because it looks that way does not always mean its the truth. most of the time yes but some of the time no. He is not a dope user. Everyone seems to think otherwise but i'm the one who lives with him. I know better.

[---who---]

"My fiance is on probation here in bexar county. Just a couple of weeks ago the police came and arrested my fiance. They wouldn't tell me why. I had to get an attorney to bond him out because he got an MTR. We couldn't figure out what was going on until the attorney told us that he was arrested for a positive of cocain in his urine. We couldn't believe it. Not possible!! He doesn't use cocain..."
1- On Probation
2-Failed UA
3- You watch Him 24Hrs EVERY Day and see what he is doing?
4- Highly Likely he tried to Circumvent the UA By Using / Purging via Time delay usage. He did it .He got Busted- he is going to Jail.Case Closed

[HOPING FOR CHANGE]

I KNOW THAT EVERYONE THAT IS NOT ON PROBATION THINKS THAT THESE PEOPLE ARE DIRTY... WELL THAT IS INCORRECT. I AM ON PROBATION AND RECIEVED A MTR AND I DID NOT USE ANYTHING. I BONDED OUT AND THE NEXT DAY TOOK A HAIR FOLICAL TEST AND U.A. THROUGH ANALITICAL TOXICALOGY AND EVERYTHING IS NEGATIVE DOWN TO THE NANOGRAM. TREATMENT ASSOCIATES HAVE CHANGED A FEW THINGS AROUND FOR EXAMPLE NOW YOU HAVE TO INITIAL YOUR CUP WITH A PERMENANT MARKER IN TWO SPOTS AS WELL AS WRAP THE PAPER AROUND WITH A RUBBER BAND. THE CITY WENT WITH THE LOWEST BID AND NOW NOT ONLY ARE WE PAYING THE PRICE OF EACH U.A. WE ARE TAKING A ROLL OF THE DICE TO SEE IF THESE PEOPLE ARE DOING THERE JOB RIGHT OR NOT. WHEN I FIRST STARTED TO GO THERE IN THE MORNING THE RECEPTIONIST WOULD CHECK ME IN AND THEN TAKE ME BACK FOR MY TEST. THAT IS A DIRECT VIOLATION OF THERE CONTRACT.

[Kristin]

---who--- wrote:

"My fiance is on probation here in bexar county. Just a couple of weeks ago the police came and arrested my fiance. They wouldn't tell me why. I had to get an attorney to bond him out because he got an MTR. We couldn't figure out what was going on until the attorney told us that he was arrested for a positive of cocain in his urine. We couldn't believe it. Not possible!! He doesn't use cocain..."
1- On Probation
2-Failed UA
3- You watch Him 24Hrs EVERY Day and see what he is doing?
4- Highly Likely he tried to Circumvent the UA By Using / Purging via Time delay usage. He did it .He got Busted- he is going to Jail.Case Closed

ok Mr. Know IT ALL. You are on the outside looking in. I am on the inside. U are so WRONG!
As a matter of fact he's getting out on second bond tonight cased not closed fool. Now, no i am not around 24 hours a day but i know enough to know when i see a drug addict. U don't know my life and what i've been through and seen in my years and i'm not going to put it all out there but i will tell u this much i have more knowlege about this than u are giving me credit for. So typical of you people who are pointing the finger.
You must think youre perfect and the world you are living in too. well sorry to bust your bubble but u are not and neither is this world. There are things going on in this world, our own county, innocent people are going to jail and u know why... because of people like you.

[Kristin]

HOPING FOR CHANGE wrote:

I KNOW THAT EVERYONE THAT IS NOT ON PROBATION THINKS THAT THESE PEOPLE ARE DIRTY... WELL THAT IS INCORRECT. I AM ON PROBATION AND RECIEVED A MTR AND I DID NOT USE ANYTHING. I BONDED OUT AND THE NEXT DAY TOOK A HAIR FOLICAL TEST AND U.A. THROUGH ANALITICAL TOXICALOGY AND EVERYTHING IS NEGATIVE DOWN TO THE NANOGRAM. TREATMENT ASSOCIATES HAVE CHANGED A FEW THINGS AROUND FOR EXAMPLE NOW YOU HAVE TO INITIAL YOUR CUP WITH A PERMENANT MARKER IN TWO SPOTS AS WELL AS WRAP THE PAPER AROUND WITH A RUBBER BAND. THE CITY WENT WITH THE LOWEST BID AND NOW NOT ONLY ARE WE PAYING THE PRICE OF EACH U.A. WE ARE TAKING A ROLL OF THE DICE TO SEE IF THESE PEOPLE ARE DOING THERE JOB RIGHT OR NOT. WHEN I FIRST STARTED TO GO THERE IN THE MORNING THE RECEPTIONIST WOULD CHECK ME IN AND THEN TAKE ME BACK FOR MY TEST. THAT IS A DIRECT VIOLATION OF THERE CONTRACT.

You are so right! Thank You for speaking up! You know what.. when u sign the papers when you get on probation, the cost amount for the UA's are added in with the full amount of your fees. now they are making you pay a small fee when you go in to take the UA's. That is a violation of the contract. Now U R paying even more just for them to not do it correctly. And then your paying bond cost, court cost, attorney fees and whatever else. Maybe its a money scam. U know that would also make sense. Bexar county in need of money? Maybe.(Just a thought, i figure i would throw that out there)

[---who---]

Kristin wrote:

<quoted text>
ok Mr. Know IT ALL. You are on the outside looking in. I am on the inside. U are so WRONG!
As a matter of fact he's getting out on second bond tonight cased not closed fool. Now, no i am not around 24 hours a day but i know enough to know when i see a drug addict. U don't know my life and what i've been through and seen in my years and i'm not going to put it all out there but i will tell u this much i have more knowlege about this than u are giving me credit for. So typical of you people who are pointing the finger.
You must think youre perfect and the world you are living in too. well sorry to bust your bubble but u are not and neither is this world. There are things going on in this world, our own county, innocent people are going to jail and u know why... because of people like you.

I never said I was perfect - YOU did. But you Fail to understand that Yor "friends" Poor Irresponsible decesions Landed him in the current Predicament he is in now- Had he not COMMITTED A CRIME- he would NOT be on Probation and undergoing UA tests which he FAILED due to other POOR CHOICES- why do you play the "Poor little me " and "It's not MY fault " argument and NOT take PERSONAL RESPONSIBILITY FOR YOUR POOR CHOICES!??!!
You chose to be in a "relationship" with this Dirtbag Criminal. What do expect would Happen? No Sympathy here- I would trust the Test more than the word of a crook anyday. as for the Contract- The Probation is Not automatic- the Sentence is Jail time, it is deferred to Probation AS A PRIVLIGE- the sentence is JAIL- He should have to be in JAIL adn STAY THERE until his sentence is up.- The fees do NOT cover 100% of the costs to his Crime- the TAXPAYER absorbs 75% of the costs- police Officer/equipment /ggasoline - to ARREST him- he did not pay that. The Judges salary, cost to upkeep Court,pay electric bill in courthouse- He did NOT pay that
please- the "Repayment is a token Payment-. assuming he did a Minor Crime- such as Shopliftinmg- if you add ALL the Costs for ALL associated items to it - he would owe about $250K-
F**k him and You - besides- he will commit another crime sooner or later - and cost the Decent Citizen Taxpayer and Decent MORE money

[Kristin]

---who--- wrote:

<quoted text>
I never said I was perfect - YOU did. But you Fail to understand that Yor "friends" Poor Irresponsible decesions Landed him in the current Predicament he is in now- Had he not COMMITTED A CRIME- he would NOT be on Probation and undergoing UA tests which he FAILED due to other POOR CHOICES- why do you play the "Poor little me " and "It's not MY fault " argument and NOT take PERSONAL RESPONSIBILITY FOR YOUR POOR CHOICES!??!!
You chose to be in a "relationship" with this Dirtbag Criminal. What do expect would Happen? No Sympathy here- I would trust the Test more than the word of a crook anyday. as for the Contract- The Probation is Not automatic- the Sentence is Jail time, it is deferred to Probation AS A PRIVLIGE- the sentence is JAIL- He should have to be in JAIL adn STAY THERE until his sentence is up.- The fees do NOT cover 100% of the costs to his Crime- the TAXPAYER absorbs 75% of the costs- police Officer/equipment /ggasoline - to ARREST him- he did not pay that. The Judges salary, cost to upkeep Court,pay electric bill in courthouse- He did NOT pay that
please- the "Repayment is a token Payment-. assuming he did a Minor Crime- such as Shopliftinmg- if you add ALL the Costs for ALL associated items to it - he would owe about $250K-
F**k him and You - besides- he will commit another crime sooner or later - and cost the Decent Citizen Taxpayer and Decent MORE money

oh my. I hope u don't consider yourself a christian. Those are harsh words.
u r so ignorant. how dare u curse us. first of all i never told u that u were perfect. i simply said that U must "think" u are. i know youre not.
second, i just think u are hilarious with the whole quotations around "live in boyfriend" when i have said that he is my fiance and we are engaged to be married this year. this is just a guess but u must be single. LOL. poor u. now... u can call my fiance a criminal but the only dirtbag is u. i'm sure i'm not the only one who has told u that, aka "Ex-Girlfriend". LOL.
Anyway, I do understand that my fiances' poor actions landed him on probation. I also understand that he has changed as a person since that time. we do take responsibility for our actions but we will not take resposibility for others neglect. Firestone took responsibility when their tires were flawed. Innocent people suffered but that doesn't mean they had perfect driving records. Now it is time for Treatment Associates to take the responsibility for their mess up! You say my fiance should stay in jail for the rest of his sentence. Well its seems u r the only one who thinks that cause he's sitting right next to me. ha! As for the contract u say "The fees do NOT cover 100% of the costs to his Crime- the TAXPAYER absorbs 75% of the costs" well dumbass we are also taxpayers. As for police Officer/equipment /ggasoline - to ARREST him- and judges salary, they are waisting their money and time and it wouldn't have to be like that if their system wasn't so screwed up. Well if u went around condemning everyone who broke the law, u would be the last one standing??? come on. get real. "Let he who is without sin cast the first stone."

[---who---]

Kristin wrote:

<quoted text>
oh my. I hope u don't consider yourself a christian. Those are harsh words.
u r so ignorant. how dare u curse us. first of all i never told u that u were perfect. i simply said that U must "think" u are. i know youre not.
second, i just think u are hilarious with the whole quotations around "live in boyfriend" when i have said that he is my fiance and we are engaged to be married this year. this is just a guess but u must be single. LOL. poor u. now... u can call my fiance a criminal but the only dirtbag is u. i'm sure i'm not the only one who has told u that, aka "Ex-Girlfriend". LOL.
Anyway, I do understand that my fiances' poor actions landed him on probation. I also understand that he has changed as a person since that time. we do take responsibility for our actions but we will not take resposibility for others neglect. Firestone took responsibility when their tires were flawed. Innocent people suffered but that doesn't mean they had perfect driving records. Now it is time for Treatment Associates to take the responsibility for their mess up! You say my fiance should stay in jail for the rest of his sentence. Well its seems u r the only one who thinks that cause he's sitting right next to me. ha! As for the contract u say "The fees do NOT cover 100% of the costs to his Crime- the TAXPAYER absorbs 75% of the costs" well dumbass we are also taxpayers. As for police Officer/equipment /ggasoline - to ARREST him- and judges salary, they are waisting their money and time and it wouldn't have to be like that if their system wasn't so screwed up. Well if u went around condemning everyone who broke the law, u would be the last one standing??? come on. get real. "Let he who is without sin cast the first stone."

aPPARANTLY YOU CANNOT read EITHER- I QUOTED YOU AS SAYING i WAS PERFECT - which I never did !!!!
SInce you are acting so "Christian" in your behavior and Words- you must not be one either!!!-
YOUR taxes were paid in the amount of $250K last year? so you could pay for the ENTIRE cost of your Criminal P.O.S Live in - I DOUBT THAT !!!and if you get a Return - YOU DID NOT PAY TAXES_you sucked the OUT of the Government-!!!!

He is sitting there next to you NOT because I am the Only pewrson that thinks that - YOU POSTED HIS NEW BAIL for his NEW VIOLATION OF THE LAW_ Failure to Maintain the Conditions of his Probation ( or is it Parole?.....)- Idiot- that is why is is not Incarcerated !!!

Most AMAZINGLY all CRIMINALS are " Changed" when they are in Jail waiting to be Paroled or waiting SXentencing-always at the same EXACT Moment ALL of them....What a Coincidence.....

SYSTEM SCREWED UP_ that is correct- but not the way you say it is- It gives the CRIMINAL more rights than the VICTIMS- since I never have heard of a Victim being "out on Bail" from the Hardship your CROOK BF Comitted..
The waste of time is correct- had that IDIOT you F**K in the A$$ with a Strapon had not COMITTED A CRIME----> there would be NO TIME BEING WASTE/ MONEY WASTED!!!!!!
Thge SYSTEM was not flawed= your CROOK is- He did it to himself- He should Get Burned

[Kristin]

---who--- wrote:

<quoted text>
aPPARANTLY YOU CANNOT read EITHER- I QUOTED YOU AS SAYING i WAS PERFECT - which I never did !!!!
SInce you are acting so "Christian" in your behavior and Words- you must not be one either!!!-
YOUR taxes were paid in the amount of $250K last year? so you could pay for the ENTIRE cost of your Criminal P.O.S Live in - I DOUBT THAT !!!and if you get a Return - YOU DID NOT PAY TAXES_you sucked the OUT of the Government-!!!!
He is sitting there next to you NOT because I am the Only pewrson that thinks that - YOU POSTED HIS NEW BAIL for his NEW VIOLATION OF THE LAW_ Failure to Maintain the Conditions of his Probation ( or is it Parole?.....)- Idiot- that is why is is not Incarcerated !!!
Most AMAZINGLY all CRIMINALS are " Changed" when they are in Jail waiting to be Paroled or waiting SXentencing-always at the same EXACT Moment ALL of them....What a Coincidence.....
SYSTEM SCREWED UP_ that is correct- but not the way you say it is- It gives the CRIMINAL more rights than the VICTIMS- since I never have heard of a Victim being "out on Bail" from the Hardship your CROOK BF Comitted..
The waste of time is correct- had that IDIOT you F**K in the A$$ with a Strapon had not COMITTED A CRIME----> there would be NO TIME BEING WASTE/ MONEY WASTED!!!!!!
Thge SYSTEM was not flawed= your CROOK is- He did it to himself- He should Get Burned

Ok. So first off which family member did u recently lose to overdose? U sound really bitter.
Or were u molested by a criminal? Well in that case i think that you are going after the wrong person or can u not get to your dad? But i tell you what if my fiance does end up in prison he will look him up for you and Shake his fuckin' hand. I understand you know alot about the system for someone who sounds like they never been in it but obviously u don't have a degree in this field because everytime i write u reply instantly so maybe you need a new profession besides internet thug u SOB. And I am actually being nice!!

[---who---]

Kristin wrote:

<quoted text>
Ok. So first off which family member did u recently lose to overdose? U sound really bitter.
Or were u molested by a criminal? Well in that case i think that you are going after the wrong person or can u not get to your dad? But i tell you what if my fiance does end up in prison he will look him up for you and Shake his fuckin' hand. I understand you know alot about the system for someone who sounds like they never been in it but obviously u don't have a degree in this field because everytime i write u reply instantly so maybe you need a new profession besides internet thug u SOB. And I am actually being nice!!

Answering in order of Questions/ Suppositions with Reply
1-None
2-No
3-a)-No b)- Clarify please
4-Nobody for your Puny Punk to go after-
5-Yes - Degreed - J.D.-but degree only
6- Not my Profession
7-No you are Not

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