Franklin County prosecutor Ron O'Brien said that he is investigating whether there aremore court cases that could be affected by a former toxicologist who has academic credentials nowin question, following a 10TV investigation.
James Ferguson claimed he testified as an expert witness at hundreds of central Ohio trials from1976 to 2003, 10 Investigates' Paul Aker reported on Wednesday.
As 10 Investigates first discovered, there are major questions about whether Ferguson, thecounty's former chief toxicologist, was ever qualified to take the stand.
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For decades, Ferguson offered testimony that helped put people behind bars, but 10 Investigatesuncovered that he may not have been qualified, because he failed basic chemistry courses and no onecould explain how he got his biochemistry degree from The Ohio State University.
In May, Ferguson was convicted of a misdemeanor for lying about his graduation date. However, itwas not until 10 Investigates revealed his academic record that Ohio State Public Defender TimYoung called for a massive review of cases Ferguson was involved in during his 26 years astoxicologist.
O'Brien said he wants to know how many cases Ferguson testified about in Franklin County, butfinding that out may not be easy, Aker reported.
"It concerns everyone that we may have gotten bad information and that's what we're lookinginto," O'Brien said.
O'Brien said he is digging into the past and looking into whether Ferguson may have taintedother cases. "We're open to trying to find whatever cases he may have testified in and seeing ifthey need to be reopened," O'Brien said.
Finding those cases won't be easy. The county clerk of courts said it is impossible to determineevery trial in which he testified.
10 Investigates pulled old trial records and found two Franklin County criminal cases in whichFerguson testified and O'Brien said it is possible there are more.
Ferguson retired seven years ago.
A 10 Investigates review of his personnel file showed that he wrote a letter trying to get araise, claiming he was working at the master's level and expected to get his PhD the next spring,even though at the time he did not even have a bachelor's degree.
The current Franklin County coroner was not there when Ferguson worked at the lab, and was notavailable for comment.
Ferguson has declined tocomment.
Ferguson retired in 2003. He was making $85,000 and is still eligible to receive his countyretirement benefits.
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October 1, 2010: Toxicologist's Questionable Credentials Could Prompt Review Of Hundreds Of Cases
September 30, 2010: College Degree By Former Expert Witness Comes Into Question
May 13, 2010: Former Toxicologist Sentenced For Lying About Credentials
April 28, 2010: Testimony Of Key Witness Calls Murder Conviction Into Question