Virginia Department of Forensic Science

The board meeting will cover the Director's report concerning facilities, agency updates, workloads, backlogs, resources, and grants. Old business includes updates on the Mary Jane Burton case file reviews and proposed 2026 regulatory amendments related to laboratory relocation. New business items consist of a review of 2026 legislation, proposed amendments to the board by-laws, and the annual election of the chair and vice chair.

The meeting commenced after confirming a quorum, including reminders for tele-meeting procedures and welcoming two new board members. Key discussion points included the Director's report, which focused extensively on the new central laboratory capital project, noting it is on schedule and within budget, with staff gaining temporary occupancy. Preparations for the phased move are underway, although furniture delivery delays from Virginia Correctional Enterprises have pushed the anticipated move to late February/early March. The Director also announced the retirement of the forensic biology program manager, Brad Jenkins, and the federal grants secretary, Elise Strobble, along with the appointment of Beth Ballard to the program manager role. Training schedules for the Forensic Science Academy will be reduced in 2026 due to the move. Furthermore, discussions covered proposed legislation to adjust meeting location requirements and maintain member status during term expiration gaps. The Board continues to recommend compounds for expedited scheduling via the Board of Pharmacy and shares controlled substances data with the Virginia Substance Use Disorder Analytics Platform (VSUDA). Significant updates were provided on the breath alcohol instrument platform transition, expecting the first shipment of new Drager Alco test 9510 instruments in February, requiring statewide retraining for operators, attorneys, and judges. Finally, the Western Laboratory Firearms section is no longer performing comparisons due to a scope accreditation issue stemming from an examiner's proficiency test failure, leading to expanded case reviews, including external validation. New protocols requiring verification for deeming evidence unsuitable for examination are being implemented statewide.

The meeting commenced with the adoption of the agenda. In the Director's Report, updates were provided on the Central Laboratory Capital Project, which is on schedule but experiencing furniture delivery delays affecting relocation timing. DFS recommended compounds to the Board of Pharmacy, and details regarding the new SUDA Dashboard and the execution of the contract for new breath alcohol instruments were shared. Progress on the "Prelog" evidence submission system testing, the cessation of firearms comparisons in the Western Laboratory and subsequent case reviews, and the FY25 fiscal year-end balance carryover for new instruments and lab transition costs were also discussed. Under Old Business, updates were given regarding the review of Mary Jane Burton cases pursuant to recent legislation (HB 2730 and SB 1465). This included context on the initial allegations, the Scientific Advisory Committee's findings, and the notification efforts to affected individuals. It was emphasized that DFS review confirmed Ms. Burton's work did not contribute to wrongful convictions in executed cases. New Business involved the approval of the 2026 Amendments Required Due to Central Laboratory Relocation. During Public Comment, a representative from the Mid-Atlantic Innocence Project commended the agency's response and stated their opinion that Ms. Burton's testimony did not lead to an innocent person's execution.

The meeting included reports from the Controlled Substances and Toxicology Subcommittees, covering validation plans for quantitative analysis of substances like heroin, methamphetamine, and cocaine, as well as novel psychoactive substances and benzodiazepines. The DFS Director discussed the Central Laboratory Capital Project, new evidence collection kits, data collection for substance use disorders, and updates to evidence submission processes. The Division of Technical Services provided updates on agency accreditation, training programs, research projects, and staffing. The committee also discussed the review of Mary Jane Burton cases and re-adopted the existing Electronic Meeting Policy.

The meeting focused on the discussion of validation plans for several methods, including the addition of novel psychoactive substances to the Amphetamines, Phentermine, and Designer Stimulants Quantitation and Confirmation by LCMSMS Method; Validation of Volatiles Quantitation and Confirmation by Headspace Dual Column Gas Chromatography Flame Ionization Detection (GC-FID); Utilization of a Circulating Bath in the Amphetamines, Phentermine, and Designer Stimulants Quantitation and Confirmation by LCMSMS Method; and Validation for the Addition of Seven Novel Benzodiazepines. Modifications were suggested to increase the number of samples for one experiment in the circulating bath validation plan. All validation plans were approved by unanimous vote of the Subcommittee.