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Fired SBI agent files appeal to get his job back

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RALEIGH, NC (AP) -- The former State Bureau of Investigation agent fired after an investigation into practices at the North Carolina state crime lab is trying to get his job back.

Duane Deaver's attorneys have filed an appeal with the Office of Administrative Hearings, saying the SBI and the state Justice Department "abused their discretion" in handling his case. Deaver was suspended last fall and fired in January.

Deaver's troubles began in February 2010, when he testified at an innocence hearing that the SBI had a policy of releasing reports to the court that said evidence showed an indication for the presence of blood, based on a first test. If a test to confirm the results came back negative, that information was in the agent's notes, but was not included in the court report.

(Copyright 2011 by The Associated Press. All Rights Reserved.)

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