Nassau lab's closing detailed in court

It was just about noon Friday, and Pasquale Buffolino, director of the Nassau crime lab, was on the witness stand in Nassau County Court Judge George Peck's courtroom.

Defense attorney Brian Griffin asked Buffolino if he was aware that County Executive Edward Mangano and District Attorney Kathleen Rice had announced the closing of the crime lab.

Buffolino paused. "No," he said.

"It happened at 11:30," Griffin said.

Peck sought confirmation of the news from the prosecutor, Assistant District Attorney Maureen McCormick, who subsequently told the judge that the entire lab had been closed "on the basis of the controlled substance issues."

Buffolino, who was named director of the lab in December, was called to testify at a hearing for Erin Marino, 30, who is seeking a new trial on alcohol-related vehicular assault charges on the grounds that the lab's testing of her blood was unreliable.

Griffin questioned Buffolino closely about the first time the lab was put on probation by a national accreditation agency, in 2006. The lab until December was run by the Nassau County Police Department.

Buffolino said many people knew at that time that problems existed at the lab, including members of the New York Crime Laboratory Advisory Council, a group of forensic experts from around the state that met regularly.

Buffolino, head of the Department of Forensic Genetics in the county medical examiner's office, said he learned "by word of mouth" in 2006 that the lab had been placed on probation.

Peck said he was puzzled by Buffolino's testimony that forensic scientists from around the state could be discussing Nassau County's crime lab problems in 2006, yet Nassau County's police officials and prosecutors have said they only learned in December of the lab's 2006 probation.

"Perhaps you could enlighten me before the hearing is over," Peck said.

Buffolino was not asked again about the 2006 lab probation during the remainder of his testimony Friday.

On Thursday, the former director of the lab, Det. Lt. James Granelle, testified he had told his commanding officer in the department about significant problems at the lab as early as 2006.