United States v. Hudson

20 M.J. 607
U S Air Force Court of Military Review·Decided April 2, 1985·No. ACM 24568·Published·Cited by 8 cases

Opinion

[608]*608DECISION

HODGSON, Chief Judge:

Notwithstanding her sworn denial of any drug involvement, the appellant was convicted of a single allegation of using cocaine. The sole evidence supporting her conviction is a urinalysis from the Center for Human Toxicology at the University of Utah. See generally United States v. Frost, 19 M.J. 509 (A.F.C.M.R.1984). Appellate defense counsel invite our attention to those errors assigned by the trial defense counsel in his response to the staff judge’s advocate post trial advice. While we affirm the conviction, some discussion of the assigned errors is warranted.

I

On 11 January 1984, the appellant took part in a random urinalysis testing procedure at Homestead Air Force Base, Florida. Six days later her specimen bottle, with seal intact, was received by the shipping and receiving section of the Drug Detection Laboratory, Brooks Air Force Base, Texas. This part of the laboratory is a controlled area with freezers for permanent storage, a walk-in refrigerator for holding specimens awaiting destruction and a temporary storage area. Approximately 15 persons have access to the permanent storage freezer.

When the specimen bottles are received at the laboratory the seals are checked for tampering. Occasionally a bottle will come in “wet”, that is broken, or the top will come loose when the bottle is first handled. Additionally, there have been occasions when a urine sample has been lost. When a specimen bottle comes in “wet” or the top is loose, a notation is made on the accompanying document at that time. However, there was testimony that documentation was sometimes completed after the procedure or incident had occurred.

The original specimen bottles never leave the shipping and receiving area. When testing at Brooks is required, an “aliquot”

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United States v. Hudson, 20 M.J. 607 (usafctmilrev 1985).

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