ILNews

Justices: Lab tech does not need to testify

Back to TopCommentsE-mailPrint

The Indiana Supreme Court Thursday concluded that a laboratory technician involved in the chain of custody of DNA evidence is not required to testify at trial in order to satisfy the demands of a defendant’s Sixth Amendment right of confrontation.

In Scott Speers v. State of Indiana, 55S01-1312-CR-841, Scott Speers challenged his convictions of Class C felony burglary and Class D felony theft, arguing the trial court erred by admitting DNA evidence in violation of his Sixth Amendment right of confrontation.

A gun store in Martinsville was robbed and police found what appeared to be blood on two pieces of broken glass. Officer Jim Bradley, the evidence technician, put each piece in separate boxes and sealed them. The evidence went to the Indiana State Police lab for testing. Nichole Stickle, a lab tech, transferred the blood drops from the glass and swabbed them onto a cloth for testing. Speers was identified as a suspect.

Characterizing as a “crucial step” the transferring of blood from a piece of glass to a swab for testing, Speers argued his right of confrontation was violated because the technician who performed this function “never testified nor was subject to cross examination.” Lori James, a forensic DNA analyst for the ISP lab, conducted the analysis of the swabs taken from the glass, and she testified at Speers’ trial.

The justices rejected Speers’ claim that Williams v. Illinois, 132 S. Ct. 2221 (2012), controls because in his case, both DNA profiles were analyzed by a single analyst. But they did concede that Pendergrass v. State, 913 N.E.2d 703 (Ind. 2009), in which the Court of Appeals relied to reject Speers’ confrontation clause argument, has been undermined by subsequent authority from the Supreme Court of the United States.

But that subsequent authority confirms that Speers’ right of confrontation was not violated, Justice Robert Rucker concluded, citing Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011).

“Hence although Pendergrass provides the State no refuge, Speers nonetheless cannot prevail on his Sixth Amendment claim. In this case the sole analyst who conducted the DNA testing and prepared the laboratory reports that were introduced as exhibits did in fact testify at trial. This is precisely the procedure dictated by Bullcoming,” Rucker wrote.

“The significance of any gap created by the absence of Stickle’s testimony was a matter for the jury to weigh. The trial court did not err by admitting the DNA evidence over Speers’ Confrontation Clause objection.”

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT