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. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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