Josh D. Lee, Esquire 221 W. Delaware PO Box 352 Vinita, Oklahoma 74301

Transcription

1 Telephone: Facsimile: Josh D. Lee, Esquire 221 W. Delaware PO Box 352 Vinita, Oklahoma wardandlee.com Curriculum Vitae Education University of Tulsa - College of Law Tulsa, Oklahoma Juris Doctor With Honor University of Florida - College of Pharmacy Present Gainesville, Florida Candidate for Master of Science in Pharmacy: Forensic Science Rogers State University Claremore, Oklahoma Bachelor of Science - Business Information Technology - Software & Multimedia Design Northeast Oklahoma A&M Miami, Oklahoma Associate of Arts - Criminal Justice Professional Experience Licensed to Practice Law in Oklahoma and Texas DUI Defense Lawyers Association Justice Foundation Present President and Trustee Freedom of Information Oklahoma, Inc Present Board of Director Present Forensic Science Co-Chair Chemistry & the Law Division Axion Analytical Laboratories & The Present Forensic Chromatography Instructor Ward Lee & Coats, PLC Present Vinita, Oklahoma Founding & Managing Member J. Lee - 1

2 Honors -Chemistry and the Law Division (ACS- CHAL) designation as Forensic Lawyer-Scientist. (May 2014). Honorable Mention for the Ben Blackstock Award (March 2014) Freedom of Information Oklahoma, Inc. Recognized for fighting for government transparency in Oklahoma President s Award Recipient Oklahoma Criminal Defense Lawyers Association Recognized for outstanding appellate advocacy positively affecting citizens accused across the State of Oklahoma. (November 2013) Recognized Faculty Member National College for DUI Defense (October 2013) Dean s Award Recipient National College for DUI Defense Recognized as Outstanding Member of the NCDD for national speaking engagements and tied for the highest rated speaker to date at the NCDD Winter Session held annually. (Presented at the Summer Session - July 2013) Martindale-Hubbell AV Rated Attorney - Preeminent 5.0 out of 5 (March, 2013) National College for DUI Defense Sustaining Member Recognition (Conferred for Life - July 2012) Public Proclamation from the Texas Criminal Defense Lawyers Association, honoring Josh Lee for extraordinary service to the TCDLA, its members, and fellow citizens. (January 2, 2012) SuperLawyer Rising Star Criminal Defense: DUI AVVO.com Clients Choice DUI Attorney AVVO.com 10.0 Superb Rated Attorney Publications Inside the Minds: Understanding DUI Scientific Evidence, 2015 Ed., Contributing Editor. (Expected December 2015). Jeremy Brehmer & Josh D. Lee, Evaluating Forensic Evidence in Drug Impairment Cases: Pitfalls and Complexities of Testimony by Non-Medical Witnesses, American Academy of Forensic Sciences (Abstract), 67th Annual Scientific Meeting, (February 2015). Josh D. Lee & Justin J. McShane, The Validity of Enzymatic Assay for Blood Alcohol Content (BAC) Determinations, American Academy of Forensic Sciences (Abstract), 67th Annual Scientific Meeting, (February 2015). J. Lee - 2

3 Inside the Minds: Understanding DUI Scientific Evidence, 2014 Ed., Contributing Editor. (November 2014). Justin J. McShane & Josh D. Lee, Synthetic Drug Prosecution & Defense. Voice for the Defense. A Publication of the Texas Criminal Defense Lawyers Association. Volume 43 No. 7 (Sept. 2014). Justin J. McShane; Josh D. Lee; Richard Roberts; & Gary Trichter, PBTs For Drugs: Oral Fluid Collection Devices, Voice for the Defense. A Publication of the Texas Criminal Defense Lawyers Association. Volume 43 No. 3 (April 2014). Josh D. Lee, Oral Fluid Testing In Forensics (Abstract), American Chemical Society, 247th National Meeting & Exposition. (April 2014). Josh D. Lee, Educating the Lawyer: The Birth of the Lawyer-Scientist, American Academy of Forensic Sciences (Abstract), 66th Annual Scientific Meeting, (February 2014). Justin J. McShane & Josh D. Lee, Always Get the Data! The Fukushima of Forensics: Annie Dookhan, For the Defense, A publication of the Tennessee Association of Criminal Defense Lawyers, Vol. 27 No. 4 (July/August 2013). Josh D. Lee, The Ostrich With Its Head In The Sand Still Gets Eaten: The compelling need for the defense bar to become educated in science (Abstract),, 245th National Meeting & Exposition. (April 2013). Josh D. Lee, Why Criminal Law Ignores Science, Book Review of Failed Evidence by David A. Harris, Chemical and Engineering News, Published by (February 18, 2013). Justin J. McShane & Josh D. Lee. EPA, GLP, and USP vs. Forensic Science: Where is the Commutability? Why Are There no Standardized Methods Across All of Forensic Science? American Academy of Forensic Sciences (Abstract), 65th Annual Scientific Meeting, (February 2013). Justin J. McShane & Josh D. Lee. Portable Breath Testers: A Potentially Dangerous Non-Specific and Non-Selective Measure at Roadside. Voice for the Defense. A publication of the Texas Criminal Defense Lawyers Association Volume 41 No. 7 (September 2012). Josh D. Lee & Justin J. McShane, Search & Seizures in DUI Cases, Ch. 1 in Understanding DUI Search & Seizure (2012 ed. Asporte: A Thomson Reuters Business, 2012) (September 2012). Josh D. Lee, Who from the lab has to show in criminal trials? Confrontation clause from Lord Cobham to Bullcoming, to Williams and beyond (Abstract),, 243rd National Meeting & Exposition, (March 2012). J. Lee - 3

4 Justin J. McShane & Josh D. Lee, Headspace Gas Chromatography with Flame Ionization Detector: what it is and how to cross-examine an expert on it, Ch. 5 in Understanding DUI Scientific Evidence (2011 ed. Asporte: A Thomson Reuters Business, 2011). Josh D. Lee, Loaded Language in the Courtroom (Abstract),, 242nd National Meeting & Exposition, (August 2011). Josh D. Lee. Blood Tests in DUI Cases. Oklahoma Bar Association Electro-Chemical Based Portable Breath Testing (Abstract),, 241st National Meeting & Exposition, 03/2011. Josh D. Lee. Blood Testing in Oklahoma. Oklahoma Bar Association Josh D. Lee. Demystifying Gas Chromatography. Oklahoma Bar Association Notable Appellate Cases Andrews v. State, ex rel, Department of Public Safety, 2014 OK CIV APP 19, (Cert Denied Jan. 2014). Set Oklahoma precedent, contradicting the Oklahoma Court of Criminal Appeals, that paramedics are not approved to withdraw blood for Oklahoma Implied Consent purposes. Affected many cases across Oklahoma. Ward & Lee, PLC v. City of Claremore, 2014 OK CIV APP 1 (Cert Denied Oct 2013). - Lawsuit versus the City of Claremore, Police Chief Stan Brown, City Clerk Sarah Sharp, and Records Supervisor Julie Spurling to force the City to comply with the Oklahoma Open Records Act. Set Oklahoma precedent that police dash cam video and audio recordings are subject to the provisions of the Oklahoma Open Records Act. Affected hundreds of thousands of Oklahoma citizens and press. Certifications National Highway Traffic Safety Administration -Standardized Field Sobriety Testing Practitioner Certification Course - 04/2009 Catoosa, Oklahoma for Platt & Associates and Ward & Lee, PLC Forensic Chromatography Instructor - 07/2011 by Intoxilyzer Independent Operator - 04/2009 by the Oklahoma State Board of Tests Intoxilyzer Independent Operator - 04/2009 by the Oklahoma State Board of Tests J. Lee - 4

5 Standardized Field Sobriety Testing - Instructor - 02/2009 by the National Highway Traffic Safety Administration Standardized Field Sobriety Testing - Practitioner - 05/2008 by the National Highway Traffic Safety Administration Organizations Lectured For American Academy of Forensic Sciences Arizona Attorneys for Criminal Justice Association québecoise des avocats et avocates de la defense (AQAAD) (Quebec Canada) Axion Analytical Laboratories California Public Defenders Association Colorado Criminal Defense Bar Delaware County (OK) Criminal Defense Lawyers Association DUI Defense Lawyers Association Florida Association of Criminal Defense Lawyers Harris County (TX) Public Defenders Office Idaho Association of Criminal Defense Lawyers Knowledge and Innovation in DUI Defense Symposium (KIDDS) National College for DUI Defense National Judges Association New York State Bar Association North Carolina Advocates for Justice Ohio Criminal Defense Lawyers Association Oklahoma Council on Law Enforcement Education & Training (CLEET) Oklahoma Criminal Defense Lawyers Association Oklahoma Bar Association Oklahoma Municipal Judges Association Ottawa County (OK) Criminal Defense Lawyers Association Rogers County (OK) Criminal Defense Lawyers Association San Antonio Criminal Defense Lawyers Association Scientific Law Forums South Carolina Bar Association South Carolina Criminal Defense Lawyers Association Tennessee Criminal Defense Lawyers Association Texas Criminal Defense Lawyers Association Tulsa County (OK) Bar Association Utah Criminal Defense Lawyers Association Vinita Rotary International Club Washington County (OK) Criminal Defense Lawyers Association J. Lee - 5

6 States/Countries Lectured In Arizona Louisiana Nevada Texas California Massachusetts North Carolina Utah Colorado Michigan Ohio Washington Florida Mississippi Oklahoma Idaho Missouri South Carolina Illinois New York Tennessee Montreal, Quebec, Canada Organizations Oklahoma Bar Association Present Oklahoma Criminal Defense Lawyers Association Present National College for DUI Defense Sustaining Member Present Present Texas Criminal Defense Lawyers Association Present American Academy of Forensic Sciences Present DUI Defense Lawyers Association Charter Member Present Texas Bar Association Present Speaking Engagements Forensic Chromatography XV (a multi-day lecture & laboratory course) - 06/2015 Forensic Drug Analysis VI (a multi-day lecture & laboratory course) - 05/2015 Forensic Aspects of DUI-Drugs III (a multi-day lecture & laboratory course) - 04/2015 The Science of Blood Testing - 02/2015 Sun Valley Winter Seminar Sun Valley, Idaho for the Idaho Association of Criminal Defense Lawyers J. Lee - 6

7 Evaluating Forensic Evidence in Drug Impairment Cases: Pitfalls and Complexities of Testimony by Non-Medical Witnesses - 02/2015 American Academy of Forensic Sciences 67th Annual Scientific Meeting for the American Academy of Forensic Sciences The Validity of Enzymatic Assay for Blood Alcohol Content (BAC) Determinations - 02/2015 American Academy of Forensic Sciences 67th Annual Scientific Meeting for the American Academy of Forensic Sciences Forensic Chromatography XIV (a multi-day lecture & laboratory course) - 01/2015 The Science of Blood Testing - 01/2015 DUIDLA Winter 2015 Seminar Santa Monica, California for the DUI Defense Lawyers Association Forensic Chromatography XIII (a multi-day lecture & laboratory course) - 12/2014 Forensic Drug Analysis V (a multi-day lecture & laboratory course) - 11/2014 Understanding Good vs Bad Science Annual Reese I. Joye DUI Defense Seminar - 11/2014 Colombia, South Carolina for the South Carolina Association of Criminal Defense Lawyers Forensic Chromatography XII (a multi-day lecture & laboratory course) - 10/2014 J. Lee - 7

8 Advice from the Defense Oklahoma Council on Law Enforcement Education & Training - 8/2014 Ada, Oklahoma for the Council of Law Enforcement Education and Training (CLEET) Learning at the Footsteps of the Master: Cross Examination with Terence MacCarthy VI - 7/2014 Co-Course Director Tulsa, Oklahoma for Ward Lee & Coats, PLC & The McShane Firm Scientific Defenses to Evidentiary Breath Test Results - 07/2014 Quebec Criminal Defense Attorneys Montreal, Quebec, Canada for the Association québecoise des avocats et avocates de la defense (AQAAD) Forensic Aspects of DUI-Drugs II (a multi-day lecture & laboratory course) - 06/2014 Gas Chromatography - 06/2014 FACDL 27th Annual Meeting St. Pete Beach, Florida for the Florida Association of Criminal Defense Lawyers Blood Testing for English Majors 27th Annual Aggressive Defense of the Accused Impaired Driver Tucson, Arizona for the Arizona Attorneys for Criminal Justice Oklahoma DUI Law Update - 05/2014 3rd Annual Springfest CLE West Siloam Springs, Oklahoma for the Delaware County Bar Association Blood Testing in the Forensic World - 04/2014 Full Day Lecture Series on Blood Testing Greensboro, North Carolina for the North Carolina Advocates for Justice Forensic Drug Analysis IV (a multi-day lecture & laboratory course) - 10/2013 J. Lee - 8

9 ETGs, Oral Fluid, and Other Future DWI Technologies - 03/ st Annual Mastering Scientific Evidence in DUI/DWI Cases New Orleans, Louisiana for the Texas Criminal Defense Lawyers Association & the National College for DUI Defense Oral Fluid Collection & Testing in Forensics - 03/ th National Meeting & Exposition Dallas, Texas for Training the Lawyer: The Birth of the Lawyer-Scientist - 02/2014 American Academy of Forensic Sciences 66th Annual Scientific Meeting for the American Academy of Forensic Sciences Forensic Chromatography XI (a multi-day lecture & laboratory course) - 02/2014 Understanding Good and Bad Science in the Criminal Trial - 01/ South Carolina Bar Convention Kiawah Island, South Carolina for the South Carolina Bar Association Forensic Aspects of DUI-Drugs I (a multi-day lecture & laboratory course) - 01/2014 Understanding Gas Chromatography - 12/ th Annual Hodgepodge of Criminal Law Nuggets Seminar Tulsa, Oklahoma for the Tulsa County Bar Association DNA for Lawyers - 11/2013 Hands on DNA Testing with Dr. Greg Hampikian Boise State University Boise, Idaho Co-Course Director Preanalytical Error in Blood Testing, Introduction to Gas Chromatography, & Pharmacology - 11/2013 Stu Kinard Memorial Advanced DWI Seminar San Antonio, Texas for the Texas Criminal Defense Lawyers Association J. Lee - 9

10 Forensic Drug Analysis III (a multi-day lecture & laboratory course) - 10/2013 Gas Chromatography for the Defense Practitioner - 10/ th Annual DWI Means Defending with Ingenuity Seminar Las Vegas, Nevada for the National Association of Criminal Defense Lawyers & the National College for DUI Defense Forensic Chromatography X (a multi-day lecture & laboratory course) - 08/2013 Winning Through Cross Examination - 08/2013 Tennessee Association of Criminal Defense Lawyers 40th Annual Meeting and CLE Knoxville, Tennessee for the Tennessee Association of Criminal Defense Lawyers Introduction to Gas Chromatography, Ethics for the Lawyer Scientist, Demo Direct Examination of the GC Expert Witness. - 08/2013 Alcohol Evidence from Arrest to Trial - Summer 2013 Conference New Orleans, Louisiana for the Scientific Law Forums The Science of DUI Cases - 06/ DUI Defense Institute Monterey, California for the California Public Defenders Association Forensic Drug Analysis II (a multi-day lecture & laboratory course) - 05/2013 Blood Testing for English Majors - 05/2013 DWI on Trial - The Big Apple XIII New York, New York for the New York State Bar Association J. Lee - 10

11 Forensic Chromatography IX (a multi-day lecture & laboratory course) - 04/2013 The Ostrich with Its Head in the Sand Still Gets Eaten: The Compelling Need for the Defense Bar to Become Educated in Science - 04/ th National Meeting & Exposition New Orleans, Louisiana for The Importance and Evidentiary Ramifications of Reducing Error in Forensic Analytical Chemistry: Metrology in the Courtroom - 04/2013 Program Co-Chair 245th National Meeting & Exposition New Orleans, Louisiana for Fundamentals of Gas Chromatography for Lawyers - 03/ th Annual Mastering Scientific Evidence in DUI/DWI Cases New Orleans, Louisiana for the Texas Criminal Defense Lawyers Association & the National College for DUI Defense Aspects of DUI Law - 02/2013 Rotary Guest Speaker Vinita, Oklahoma for the Vinita Rotary Club Blood Testing - GC Theory and Issue Spotting - 01/2013 NCDD Winter Session Scottsdale, Arizona for the National College for DUI Defense Forensic Drug Analysis I (a multi-day lecture & laboratory course) - 01/2013 Understanding Gas Chromatography and How to Use a GC Expert in Trial - 12/2012 Jackson, Mississippi for the Carmody Law Firm J. Lee - 11

12 Learning at the Footsteps of the Master: Cross Examination with Terence MacCarthy V - 12/2012 Co-Course Director San Antonio, Texas for Ward Lee & Coats, PLC & The McShane Firm Stuart Kinard Memorial Advanced DWI Seminar - 11/2012 San Antonio, Texas for the Texas Criminal Defense Lawyers Association Scientifically Understanding and Litigating the DUI Blood Test Case - 10/2012 Tunica, Mississippi for the Tennessee Criminal Defense Lawyers Association Learning at the Footsteps of the Master: Cross Examination with Terence MacCarthy IV - 09/2012 Co-Course Director for Ward & Lee, PLC & The McShane Firm Forensic Chromatography VIII (a multi-day lecture & laboratory course) - 09/2012 Innocence! The Work of the Innocence Project - 08/2012 Program Co-Chair & Moderator 244th National Meeting Philadelphia, Pennsylvania for DUI Blood Testing - Understanding and Litigating Gas Chromatography Cases - 08/ Day seminar with Justin J. McShane, Esq. Denver, Colorado for the Colorado Criminal Defense Bar The 10 Minute MacCarthy Cross - 07/2012 Knowledge and Innovation in DUI Defense Symposium (KIDDS) 2012 Cambridge, Massachusetts Dirty Secrets of GC Integration - 07/2012 National College for DUI Defense Summer Session Harvard Law School Cambridge, Massachusetts for the National College for DUI Defense J. Lee - 12

13 Forensic Chromatography VII (a multi-day lecture & laboratory course) - 07/2012 Introduction to the Science of DUI Blood Testing by Gas Chromatography - 06/2012 NJA National Meeting Tulsa, Oklahoma for the National Judges Association Learning at the Footsteps of the Master: Cross Examination with Terence MacCarthy III - 05/2012 Co-Course Director Tulsa, Oklahoma for Ward & Lee, PLC & The McShane Firm Understanding Blood Alcohol Testing: Basic Gas Chromatography - 05/2012 Houston, Texas for the Texas Criminal Defense Lawyers Association & the Harris County Public Defenders Office Forensic Chromatography VI (a multi-day lecture & laboratory course) - 04/2012 Introducing Gas Chromatography/Mass Spectrometry - 04/2012 The Drug Recognition Expert (D.R.E.) Program Overview Kansas City, Missouri for Platt & Associates, Impaired Driving Consultants Introducing Gas Chromatography/Mass Spectrometry - 04/2012 The Drug Recognition Expert (D.R.E.) Program Overview Detroit, Michigan for Platt & Associates, Impaired Driving Consultants Forensic Science and Chemistry and the Law - 03/2012 Seminar Co-Chair 243rd National Meeting & Exposition San Diego, California Who from the lab has to show in criminal trials? Confrontation clause from Lord Cobham to Bullcoming, to Williams and beyond - 03/ rd National Meeting & Exposition San Diego, California J. Lee - 13

14 Introduction to Cross Examining Experts and Police Officers with the Terry MacCarthy Method - 03/2012 Advanced DUI Seminar & Trial Skills Workshop Columbus, Ohio for the Ohio Criminal Defense Lawyers Association Panel on Breath Test Challenges - 03/2012 Advanced DUI Seminar & Trial Skills Workshop Columbus, Ohio for the Ohio Criminal Defense Lawyers Association Learning at the Footsteps of the Master: Cross Examination with Terence MacCarthy II - 02/2012 Course Director St Pete Beach, Florida for Ward & Lee, PLC & The McShane Firm No Means No: How to Scientifically Defend the No Refusal Case - 12/2011 Full Day Session with Justin J. McShane, Esq. Austin, Texas for the Texas Criminal Defense Lawyers Association Defending the Blood Test Case - 12/2011 Half Day Session with Justin J. McShane, Esq. Salt Lake City, Utah for the Utah Criminal Defense Lawyers Association Forensic Chromatography V (a multi-day lecture & laboratory course) - 11/2011 Science of Blood Testing - 10/ Fall Judicial Conference Edmond, Oklahoma for the Oklahoma Municipal Judges Association Forensic Chromatography IV (a multi-day lecture & laboratory course) - 09/2011 Introduction to the Science of Blood Testing - 09/2011 Bartlesville, Oklahoma for the Washington County Bar Association J. Lee - 14

15 Forensic Science and Chemistry and the Law - 08/2011 Seminar Co-Chair 242nd National Meeting & Exposition Denver, Colorado Loaded Language in the Courtroom - 08/ nd National Meeting & Exposition Denver, Colorado Electro-Chemical Based Portable Breath Testing - 08/2011 Oral Presentation 242nd National Meeting & Exposition Denver, Colorado Electro-Chemical Based Portable Breath Testing - 08/2011 Poster Session Presenter 242nd National Meeting & Exposition Denver, Colorado Hot Topics in DUI Cases - 08/2011 Half Day Session with Dr. Lance A. Platt Miami, Oklahoma for the Ottawa County Bar Association & the Delaware County Bar Association No Means No: Scientifically Defending the No Refusal Case - 07/2011 Full Day Session with Justin J. McShane San Antonio, Texas for the San Antonio Criminal Defense Lawyers Association & the Texas Criminal Defense Lawyers Association Forensic Chromatography III (a multi-day lecture & laboratory course) - 06/2011 Blood Tests in DUI Cases - 06/2011 Solo & Small Firm Conference Quapaw, Oklahoma for the Oklahoma Bar Association Learning at the Footsteps of the Master: Cross Examination with Terence MacCarthy I - 05/2011 Co-Course Director for Ward & Lee, PLC & The McShane Firm J. Lee - 15

16 Blood Testing & Gas Chromatography - 04/2011 DUI in Oklahoma Seminar Tulsa, Oklahoma for the Oklahoma Bar Association DUI Drugs and Drug Recognition Experts - 04/2011 Panel Discussion DUI in Oklahoma Seminar Tulsa, Oklahoma for the Oklahoma Bar Association Blood Testing & Gas Chromatography - 04/2011 DUI in Oklahoma Seminar Oklahoma City, Oklahoma for the Oklahoma Bar Association DUI Drugs and Drug Recognition Experts - 04/2011 Panel Discussion DUI in Oklahoma Seminar Oklahoma City, Oklahoma for the Oklahoma Bar Association Electro-Chemical Based Portable Breath Testing - 03/2011 Oral Presentation 241st National Meeting & Exposition Anaheim, California Electro-Chemical Based Portable Breath Testing - 03/2011 Poster Session Presenter 241st National Meeting & Exposition Anaheim, California Demystifying Gas Chromatography - 11/2010 Oklahoma Bar Association 2010 Annual Meeting Tulsa, Oklahoma for the Oklahoma Bar Association Advanced Field Sobriety & DRE Training - 08/2010 Oklahoma City, Oklahoma for Oklahoma Criminal Defense Lawyers Association Nuts & Bolts of Standardized Field Sobriety Testing - 06/2009 Claremore, Oklahoma for Rogers County Criminal Defense Lawyers Association National Highway Traffic Safety Administration - Standardized Field Sobriety Testing Practitioner Certification Course - 04/2009 Catoosa, Oklahoma for Platt & Associates and Ward & Lee, PLC J. Lee - 16