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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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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