Attorneys argue over green blood at assault trial

Victoria Advocate - 4/1/2017

April 01--Green blood was at the center of dispute between the prosecution and defense Friday.

On the fifth day of trial, attorneys sparred over whether a blood sample that had turned green could yield an accurate blood-alcohol content for defendant Rodolfo Alvarez. The blood-alcohol content measured in that blood sample was 0.101, testified James Evans, the Department of Public Safety blood analyst who performed the testing.

According to the Centers for Disease Control and Prevention, a blood-alcohol content of 0.1 can result in clear deterioration of reaction time, slurred speech, poor coordination and slow thinking. When it comes to driving, that amount of alcohol can yield "reduced ability to maintain lane position and brake appropriately."

"When you think about (green blood), you think about something that gets spoiled," said defense attorney Guillermo Lara, during a recess. "It doesn't really make much sense to think that is something that is reliable."

Alvarez is on trial for the aggravated assault with a deadly weapon of Yvonne Calhoun, who was severely injured when the defendant allegedly crashed into her SUV in 2014. He is also charged with intoxication assault and the murder of Calhoun's 9-year-old daughter, who also was riding in the SUV at the time of the crash.

Although Alvarez's blood was first tested in November 2014, about a month after the crash, the DPS blood analyst who measured the blood was not able to appear in court, said Stephen Tyler, Victoria County District Attorney, after court had recessed for the day. He said he ordered another test in 2016.

"I wanted the case to proceed a bit quicker," he said.

With the jury removed from the courtroom, Janine Arvizu, a certified quality auditor, testified that blood turned green is an indication the sample is decayed.

Citing the published findings of a scientific report that examined blood from cadavers, she said decaying blood can ferment and release additional alcohol into a sample.

Arvizu said green or decayed blood is common in DPS labs because of improper storage and refrigeration techniques.

But Evans' supervisor, Sharla Hanke, who oversees DPS' crime lab in Corpus Christi, said color is not an indication that a sample is unreliable.

Hanke said blood samples often turn green over time even when proper refrigeration is used.

She said about a third of samples tested at her lab are green or even black.

Hanke also pointed out that the primary focus of research cited by Arvizu was blood from cadavers and not living people.

Additionally, blood-alcohol levels in sealed samples do not increase with time. Rather, they decrease because of dissipation or evaporation, she said.

Hanke said a sample's blood-alcohol content loses about 0.01 to 0.02 percent each year in storage.

The trial is scheduled to resume at 8:30 a.m. Monday.

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