Calling it "scientifically erroneous evidence," the state's attorney in Lake County told the I-Team he had to drop charges against a driver involved in a 2023 crash that killed a Skokie man. The case was hinged on faulty lab results from the same lab the I-Team exposed more than a year ago.
A little before 8 a.m. on May 21, 2023, prosecutors say Derek Drake, of Lake Villa, was attempting to turn left when his SUV hit a motorcycle driven by 56-year-old David Paul of Skokie. Paul was pronounced dead at the Round Lake Beach scene.
Drake had just finished supervision for a DUI involving alcohol, according to court records.
In this latest case, blood test results from the University of Illinois Chicago's Analytical Forensic Testing Laboratory showed more than double the legal limit of Delta 9 THC, the primary intoxicating compound in marijuana. He admitted to smoking marijuana from a bong the night before.
"Had the prosecutor known that the science was bad, this prosecutor never would have charged this person," said Ron Safer, a former federal prosecutor now practicing with Riley, Safer, Holmes & Cancil Law.
Safer is not involved in any of the UIC lab cases but told the I-Team it is vital that state's attorneys take action when fundamental forensic errors are presented in court with devastating consequences.
"That is a powerful moment for a defense attorney, almost impossible to overcome, and to hear that that was based on flawed data and flawed processes is devastating to the justice system," Safer said.
The I-Team has followed the fallout from the UIC faulty testing.
Prosecutors move to determine how many criminal cases are tainted by unreliable evidence
At issue are flawed methodologies that measured THC levels incorrectly, potentially flagging drivers as above the legal limits. Thousands of court cases across metro Chicago could be impacted.
After ABC7's reporting first shed light on bad forensic science presented in court for cannabis DUIs, state's attorneys in DuPage and Cook counties, and now, Lake County, Illinois, moved to determine how many cases have been tainted by unreliable evidence from the UIC-AFTL.
Last year, the DuPage County state's attorney was the first to take action, dismissing 19 cases, saying, "With the validity of the test results called into question, I could not, legally, ethically and in good conscience, continue the prosecution of these select cases."
In Cook County, the state's attorney reviewed more than 300 law enforcement matters in which evidence was submitted to the UIC lab for testing. That office flagged 64 felony or misdemeanor convictions involved with that testing.
However, only one felony case is being challenged by defense attorneys in court. The Cook County state's attorney concluded that there is enough additional evidence for the others to stand.
"It is absolutely the nightmare as a prosecutor. You do not lose sleep over not convicting the guilty," Safer said. "What you lose sleep over is the prospect that you may have convicted an innocent person."
Drake was charged with aggravated driving under the influence causing a fatal crash and reckless homicide. He pleaded not guilty and spent nearly a year and a half behind bars as the case crawled through court. Those charges have now been dropped.
"Nobody should have to pull teeth for the prosecutors to come forward and do this," Safer said.
Lake County State's Attorney Eric Rinehart declined an on-camera interview. Instead, he sent a statement, saying, "Our hearts break for the family in this case... We cannot put scientifically unreliable evidence before a jury. Like other prosecutor offices in Illinois, we have made the difficult decision to dismiss these charges. Our ethical and constitutional duties mandate that we never obtain an illegal conviction through scientifically erroneous evidence."
"They should be proud of what they're doing," Safer said. "They should be loud about this, because it is the best of the criminal justice system when the prosecutors come forward and protect the system over just getting convictions."
The state had the sample blood tested by another lab. Those results showed a level well below the legal limit.
Despite the lab's problems noted in its own report and the state forensic science commission raising concerns about the flawed science, prosecutors and public defenders caught up in this forensic testing debacle continue to decline to go on camera to explain what is being done as potentially thousands of lives caught up in court cases now hang in the balance.
In a statement, UIC told the I-Team it "remains committed to upholding the highest standards of laboratory research integrity and compliance."
"It's a fatal blow to the case, and good for the prosecutor in saying that he's going to come forward, his client is justice, and that he's going to dismiss the case because the science is bad," Safer said.
Drake told the I-Team, in part, "What took place here was a tragedy and should never happen to anyone. And yet, it's my understanding that UIC's misconduct has affected not only me, but a number of others in Illinois. I should never have spent a day in jail."
A member of Paul's family said, in part, "We are deeply saddened and disappointed by the release of Derek Drake due to faulty testing systems. We do not believe justice was served in this case and we continue to grieve the loss of our brother."
Full Paul family statement
"We are deeply saddened and disappointed by the release of Derek Drake due to faulty testing systems. We do not believe justice was served in this case and we continue to grieve the loss of our brother."
Full statement from Drake on May 5, 2026, dismissal of criminal charges:
"I'd like to extend my sincere gratitude to my family, friends, and legal team, who have stood by me and helped me prove my innocence. First, I'd like to thank my parents, who never lost faith in me, and who trusted and supported me while Lake County prosecuted these charges based on bogus and tainted lab results. I'd also like to thank my public defender, Jason Powell, who advocated tirelessly for me and ensured that the wheels of justice continued to turn. Finally, I would also like to extend my gratitude to the judge who presided over my case, the Honorable Judge Mark Levitt, who consistently showed me respect and courtesy when my case was before him, and who continuously held the prosecution to their burden of proof. Each of these individuals was instrumental in getting Lake County prosecutors to do the right thing and dismiss the charges against me. Finally, I would like to extend my deepest condolences to the family of Mr. David Paul."
What took place here was a tragedy and should never happen to anyone. And yet, it's my understanding that UIC's misconduct has affected not only me, but a number of others in Illinois, some of whom are still serving sentences. I am innocent of the crime that I was charged with by the Lake County State's Attorney's Office. I should never have spent a day in jail. But for the apparently intentional and fraudulent manipulation of my lab results by UIC's Analytical Forensic Testing Laboratory, I would not have. I look forward to holding those responsible accountable."
ABC7's previous coverage
Dec. 5, 2024
Chicago forensic testing lab accused of providing flawed results in marijuana DUI convictions
Dec. 6, 2024
Thousands of marijuana DUI convictions may be in jeopardy after report on UIC drug testing lab
Jan. 31, 2025
DuPage County state's attorney dismisses marijuana DUI charges after faulty blood tests
July 3, 2025
University of Illinois Chicago releases report on faulty blood tests used in marijuana DUI cases
Aug. 16, 2025
New fallout for UIC lab accused of providing flawed results in DUI cases
March 12, 2026
Report on UIC lab falls short in addressing allegedly flawed results in DUI cases: commission
April 28, 2026
After I-Team exposes DUI testing scandal, questions grow over who's holding labs accountable