ILNews

COA says how to admit DNA testing analysis

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals upheld a defendant's convictions of child molesting and used the opinion to establish how documents explaining the underlying analysis of DNA testing may be admitted at a criminal trial.

In hearing the appeal of Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, the appellate court discovered after a thorough review of caselaw that there was no precedent in place to establish the admittance at a criminal trial of those documents. Richard Pendergrass appealed his child molesting convictions, arguing against the admittance of three exhibits.

A forensic biologist at the Indiana State Police Laboratory prepared Exhibit 1, a certificate of analysis; and Exhibit 2, the "profiles for paternity analysis" of Pendergras; his daughter, C.P.; and her aborted fetus, who was fathered by Pendergrass. Exhibit 3 was the paternity index a doctor prepared based on the information from first two exhibits.

Pendergrass claims those exhibits contain hearsay statements and that he was denied his Sixth Amendment right to confrontation and cross-examination of the forensic biologist at trial because her supervisor testified in the forensic biologist's place.

The Court of Appeals examined the three exhibits, Indiana Evidence Rule 803(8)(a - d)'s exception to hearsay rules, and previous caselaw to determine that the exhibits in this case are admissible.

The appellate court used the three-step test that was developed in Ealy v. State, 685 N.E.2d 1047 (Ind. 1997), for determining the admissibility of hearsay under Evidence Rule 803(8) - Public Records and Reports.

The certificate of analysis was comprised of DNA samples from C.P., Pendergrass, and the aborted fetus, and included a recording of physical conditions as observed by the forensic biologist "akin to a simple recordation of numbers and therefore admissible under the Ealy test," wrote Judge Patricia Riley.

Exhibit 2 was also admissible under the Ealy test. Like Exhibit 1, this exhibit doesn't relate to a materially contested issue before the court but a numerical, uncontested compilation of data derived from the DNA analysis of the parties, wrote the judge.

The last exhibit from the state that Pendergrass objects to - the paternity index prepared by a doctor based on Exhibits 1 and 2 - is admissible because the first two exhibits were properly admitted as exceptions to the hearsay rule pursuant to Evidence Rule 803(8) and were admitted prior to the doctor taking the stand. In addition, the doctor testified that the only method of calculating paternity is by reliance and reference to Exhibits 1 and 2, which is a method universally used within the scientific community, wrote Judge Riley.

Finally, the appellate court determined that Pendergrass' Sixth Amendment right to confront and cross-examine the forensic biologist wasn't violated. The exhibits admitted at trial prepared by the forensic biologist weren't admitted to prove he molested his daughter but to provide context for the doctor's opinion, so the admission of those exhibits didn't implicate his right to confront the witnesses against him, she wrote.
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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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