DR. JOHN P. MORGAN
- positions [Professor at CUNY Medical School; Associate Professor of Medicine and Adjunct Professor of Pharmacology at Mount Sinai]
- licensed to practice medicine in New York State
- board certified in internal medicine
- specialized in clinical pharmacology and toxicology for the last 24 years (1969]
- what is clinical pharmacology?
[study of drug and medication response]
- what is toxicology? [study of adverse
effects of drugs and medication]
- INTRODUCE CURRICULUM VITAE [EXH. N]
- testified as expert witness on effects of various drugs on human body? [50+ times before numerous courts and administrative bodies]
- testified as expert with respect to the Syva Laboratories "EMIT" urinalysis system? [12+ cases is NYS; 12 cases outside NYS]
- previously qualified as expert witness in the areas of pharmacology and/or toxicology? [Yes]
- describe common methods currently used in analytical drug-screening technology
- enzyme multiplied immunoassay techniques (EMIT)
- radioimmunoassay (RIA)
- thin-layer chromatography (TLC)
- gas chromatography/mass spectrometry (GC-MS)
- any of these systems marketed as a test to be performed on-site by personnel not primarily trained as laboratory workers (only EMIT]
- when developed [for morphine in 1972]
- describe test methodology [USE EASEL]
- have you written on this process [Yes. 1984 article]
- drawbacks to the EMIT method where a drug or drug metabolite which resembles or interferes with EMIT assay is present in urine?
- distinguish screening function from reliability
- distinguish sensitivity from reliability
- what is a "false positive"?
- who conducted this?
- describe search
- results of search?
- Search of wife
- results of search?
- You were taking prescription medication:
treatment of chronic sinus condition
250 mg 4 x Daily
treatment of lung inflammation and/or low-grade pneumonia
treatment of anemic
treatment of pain resulting from lung inflammation
- taking these drugs for how long? [5 days prior to visit]
- RAMA order to provide urine specimen
- who was Rama?
- did you expect request for specimen?
- why not surprised?
- when did Rama make this demand? [March 14, 1988]
- what did you tell Rama [agreed to test; on 4 medications, not 3]
- what were names [Actifed, Erythomycin, Iron pills]
- told Rama you didn't remember name of 4th medication
- what did Rama say [said he'd call and check]
- served with Inmate Misbehavior Report on March 19, 1988 [SHOW EXH. 2]
- charged with cocaine use
- Saw Rama in mess hall and asked if he ever called Medical Department to get name of other medication
- Rama said they told him only 3 that you told him
VI. March 22, 1988 Disciplinary Hearing
- Lt. Simmons presiding officer
- You pled not guilty to charge of "use of controlled substance"
- In March 1988, inmate at Fishkill C.F. for what criminal conviction? [Burglary]
- length of sentence?
- when released? [May 1989]
- Any convictions for a felony after May 1989? [petty larceny in Manhattan; attempted murder/robbery ACD' ed; Feb. 1990 burglary?]
- Are you currently incarcerated? [work release]
- nature of work release program
- for what criminal conviction?
- nature of parole violation?
- What level of illegal drug use in March 1988? [None]
- Prior to March 1988, ever been convicted of any crime involving drug use? [No]
- Ever been enrolled in a drug treatment program? [Yes - after release in May 1989]
- why [involvement with alcohol, heroin, acid, cocaine, marijuana]
- After your release in May 1989, have you ever been punished as a result of giving a urine specimen which tested "positive" for drug use? [Yes - late 1989]
- what drug? [heroin]
- what treatment? [8 days in Beth Israel]
- incarcerated at Fishkill C.F.
- any prior disciplinary hearings? [No]
- any prior charges of drug use? [No]
- 2 day family reunion trailer visit with wife (Lolita Dale)?
- describe trailer visit
- did you use any illegal drugs prior to visit? [No]
- Strip search of Dale
- what is "cross-reactivity"?
- explain how this occurs (USE EASEL]
- what is a major reason for occasional failure of EMIT results to be confirmed? ["false positive" reactions may occur due to reactive presence of other chemicals that bond to a particular antibody]
- any doubt that EMIT method's reliability is affected in presence of other substances that bond to particular antibodies? [No]
- is there scientific literature on this? [Yes]
- familiar with allegations in this case?
- previously submitted affidavit in this case
- ask you to assume that Dale had been consuming the following prescription drugs for 4-5 days prior to time his urine was collected:
"Dolobid"; Actifed; Erythromycin; Iron pills
- what is "Dolobid"? [diflunisal, an anti-inflammatory analgesic]
- in your expert opinion, what effect could diflunisal have (either alone or in combo) had on the EMIT tests of Mr. Dale's urine specimen?
- in your expert opinion, is an unconfirmed "positive" EMIT test result for cocaine a reliable indication of cocaine use, in the presence of a drug like diflunisal? [No]
- [SHOW EXH. M ]
- agree with statement in Section 1 [READ)? [Yes]
- agree with statements in Section 2 [READ)?
- agree with statements in Section 9 [READ)?
- familiar with the 1987 decision of Judge Sand and 1988 affirmance of the Court of Appeals in Peranzo v. Coughlin upholding use of EMIT tests? [Yes]
- inconsistent with your view of EMIT methodology? [No - Judge Sand recognized problem of cross-reactivity (e.g., poppy seeds) and specifically noted importance of recording inmate medications]
- You denied cocaine use during reunion visit with your wife ("I don't use coke")
- Told Simmons of Rama's failure to list all medications [Tr. 3-6]
- Told Simmons that one or more (or combo) of medications may have caused false "positive"
- Simmons did not check the Emit-st product literature to see whether Dolobid (alone or in combo) could have caused false "positive" result
- Simmons did not ask the corrections personnel who conducted the tests whether Dolobid could cause false positive
- What did Simmons do? [asked nurse]
- found guilty by Simmons at end of hearing?
- 30 days in keeplock; loss of trailer visits, phone, commissary, package and movie privileges
- describe keeplock
- pain and suffering; mental distress [loss of sleep and appetite; depression]
- Results of hearing expunged in July 1988
- New York state agreed to do this
- subsequent hearing in July 1988?
- Superintendent reversed this determination