Winning matters... June 2011 - August 2013: DNA Evidence Shot Down in Texas Zubel was retained by the Defense to challenge DNA evidence in Harris County, Texas. Review of the data revealed excessive intra- and inter-locus peak height imbalances. Zubel filed a Daubert motion under Texas Rule of Evidence 702 challenging the lab's detection and reporting thresholds. In response, the prosecution filed a notice that they would conduct consumptive retesting. On the eve of trial, all 26 DNA-based charges were dropped. January 2011 - March 2011: DNA False Inclusion Case Dismissed Specially appointed by the Court to assist the Defense in an Ionia County Home Invasion case, Zubel challenged the government DNA laboratory's claim that the Defendant "could not be excluded" as a possible contributor to an evidentiary stain. Review of the lab's own data confirmed that the purported association was in fact a DNA exclusion. The prosecution dismissed the case by Order of Nolle Prosequi before the Court could rule upon the merits. August 2010 - March 2011: Criminal Sexual Conduct Case Dismissed Retained by the Defendant in an Oakland County case charging multiple counts of First and Third Degree Criminal Sexual Conduct, Zubel challenged the credibility of the Complainant's stories of sexual abuse. Employing a DNA/Serology/Crime Scene Investigator, Forensic Toxicologist and Neuropsychopharmacologist, it was demonstrated that the Complainant's stories were physically impossible. The Complainant admitted to law enforcement officials that she had invented the stories and that no abuse had occurred. All charges were dismissed by Order of Nolle Prosequi. June 2009 - February 2010: Y-STR DNA Evidence Withdrawn by Prosecution Zubel was appointed as an expert witness by the Honorable Vonda R. Evans of the Wayne County Circuit Court to assist the Defense in a criminal case involving First Degree Criminal Sexual Conduct charges. The Defense challenged the results of Y-STR testing and a Daubert Hearing was scheduled. Before the Court could rule upon the merits of the challenge, the prosecution requested "that no evidence regarding Y-STR testing be admitted..." July 2007 - October 2008: DNA Witness Withdrawn by Prosecution Retained by the Defense to litigate the forensic science issues in an Oakland County criminal case involving multiple counts of First Degree Criminal Sexual Conduct, Zubel challenged both the credibility of the Michigan State Police DNA analyst as well as the analyst's claimed findings under MRE 702 and Daubert. The prosecution "removed" the MSP DNA analyst as a witness before the Court could rule upon the merits of the case. July 2007 - February 2008: Circuit Judge Removed from Office The Michigan Judicial Tenure Commission specially appointed Zubel to prosecute Formal Complaint No. 81 against Circuit Court Judge Beverley Nettles-Nickerson. The eight-week trial focused on the authenticity of numerous electronic documents. The Michigan Supreme Court affirmed that Nettles-Nickerson had committed perjury, fabrication of evidence and abuse of authority. The Court ordered Nettles-Nickerson's immediate removal from office. June 2007 - April 2008: New Trial in Murder Case Denied Specially retained by Berrien County, Zubel challenged expert testimony in the case of People v Frank Spagnola (First Degree Murder). Zubel cross examined experts Keith Inman (DNA), Marc Taylor (DNA), Dr. Sandy Zabell (Statistics and DNA) and Edward Ungvarsky (Trial Advocacy in DNA cases). In the Court's 54 page Opinion, Judge Scott Schofield denied the motion for new trial. May 2006 - June 2007: Commercial Irrigation Victory Retained by the Defendant in contract litigation over a commercial irrigation project, Zubel challenged the Plaintiff's claims as to the number of underground valves his company had installed. Review of the engineering specifications of the control panel demonstrated that it could have powered only one-third the number of valves claimed by Plaintiff. Confronted with proof that he had perjured himself at Deposition, the Plaintiff quickly settled the matter for a small fraction of his original demand.