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Justices: Lab tech does not need to testify

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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.”

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  1. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

  2. Can anyone please help this mother and child? We can all discuss the mother's rights, child's rights when this court only considered the father's rights. It is actually scarey to think a man like this even being a father period with custody of this child. I don't believe any of his other children would have anything good to say about him being their father! How many people are afraid to say anything or try to help because they are afraid of Carl. He's a bully and that his how he gets his way. Please someone help this mother and child. There has to be someone that has the heart and the means to help this family.

  3. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  4. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  5. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

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