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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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