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. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. 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.

  5. 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.

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