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Court split on if lab tech must testify

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The state's highest court was split in its ruling on whether the failure of a lab technician who processed DNA evidence to testify at a man's trial violated his Sixth Amendment rights.

The Thursday ruling, Richard Pendergrass v. State of Indiana, No. 71S03-0808-CR-445, had the majority of justices finding the proof submitted in Richard Pendergrass' trial was consistent with the Sixth Amendment based on the recent Supreme Court of the United States ruling in Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009). In that case, no witnesses were called to testify on the certificates of analysis that said the substance found in seized bags was cocaine. The SCOTUS held those certificates were testimonial and the defendant had the right to confront those who swore to the accuracy of the tests. The justices decided the DNA evidence in Pendergrass' case was also testimony as defined by Melendez-Diaz.

Pendergrass was convicted of two counts of child molesting based in part on DNA evidence showing he was the likely father of his victim's aborted fetus.

The majority - Chief Justice Randall T. Shepard, and Justices Brent Dickson and Frank Sullivan - interpreted the majority opinion in the SCOTUS ruling to say that not everyone who worked on the evidence must be called and the Confrontation Clause leaves discretion with the prosecution on which evidence to present. They believed Pendergrass' right to confrontation wasn't violated because the lab technician's supervisor, who personally checked the test results, and an expert who used that data to interpret the results were put on the stand for cross-examination during his trial.

"If the chief mechanism for ensuring reliability of evidence is to be cross-examination, Pendergrass had that benefit here," wrote Chief Justice Shepard. "... Here, the prosecution supplied a supervisor with direct involvement in the laboratory's technical processes and the expert who concluded that those processes demonstrated Pendergrass was the father of the aborted fetus. We conclude this sufficed for Sixth Amendment purposes."

Justices Robert Rucker and Theodore Boehm dissented, with Justice Rucker writing that because of Melendez-Diaz, the lab technician who performed the actual tests was also required to testify. The dissent argued the majority in the instant case relied on comments directed at a very narrow proposition concerning the chain of custody. Justice Rucker wrote the SCOTUS majority opinion says that absent a showing the analysts were unable to testify at trial and that petitioner had a prior chance to cross-examine them, the petitioner was entitled to confront the analysts at trial. There's no evidence in Pendergrass' case that the lab supervisor did anything more than "rubber stamp" the results of the lab technician's work, continued the justice.

"Although a supervisor might be able to testify to her charge's general competence or honesty, this is no substitute for a jury's first-hand observations of the analyst that performs a given procedure; and a supervisor's initials are no substitute for an analyst's opportunity to carefully consider, under oath, the veracity of her results," Justice Rucker wrote.

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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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