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Supreme Court Requires Lab Analysts to Testify about Drug-Test Results
June 29, 2009

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News Summary

The U.S. Supreme Court has ruled that crime-lab reports can no longer be used against defendants at trial unless the analyst who created the report testifies in court and is available for cross-examination, the New York Times reported June 26.

The ruling came in the case of Luis E. Melendez-Diaz, who was convicted on cocaine-trafficking charges. One of the pieces of evidence used by prosecutors was a lab report stating that bags of white powder said to belong to Melendez contained cocaine. The report was submitted with only an analyst's certificate, not live courtroom testimony.

The 5-to-4 decision further expands the Sixth Amendment's confrontation clause, which grants criminal defendants the right "to be confronted with the witnesses against him." Writing for the majority, Justice Antonin Scalia said the court could not ignore a constitutional command just because some see it as inconvenient.

"The confrontation clause may make the prosecution of criminals more burdensome, but that is equally true of the right to trial by jury and the privilege against self-incrimination," he wrote.

The dissenting judges said the decision would overburden the criminal-justice system and lead to guilty defendants going free on technical grounds. Under the new ruling, for example, Philadelphia's 18 drug analysts will now have to testify in more than 60 trials in 2010, and Cleveland's six drug analysts will be required to testify in 117 trials each, wrote Justice Anthony M. Kennedy, one of the four dissenters.

With the 500 employees at the Federal Bureau of Investigation laboratory in Quantico, Va., conducting more than a million scientific tests a year, Kennedy noted that before a jury hears any of those cases, at least one of the lab's analysts will have to travel to the courthouse to read their notes.

"It's a train wreck," said Scott Burns, the National District Attorneys Association's executive director, of the ruling. "To now require that criminalists in offices and labs that are already burdened, and in states where budgets are already being cut back, to travel to courtrooms and wait to say that cocaine is cocaine – we're still kind of reeling from this decision."

COMMENTS ON THIS ARTICLE:

Posted by KellyG on 30 Jun 09 08:39 AM EDT
I do see how this may put a burden on the analysts but the job of the Supreme Court is to uphold the Constitution not analyze budgets and calendars. Maybe this will help push our legal system towards a rehabilitative manner of dealing with drug offenders. From where I'm sitting, the current punitive manner is not working....

Posted by Donna on 30 Jun 09 11:28 AM EDT
Hmmmm....what happened to "forensic" lab results and how hard is it to read lab results? Seems like more added expense on the legal systems and ways to tie up cases or out right dismiss them.

Posted by Profbam on 06 Jul 09 11:31 AM EDT
The same complaints about allowing defendants due process including questioning lab analysts whose data is being used against them were the same arguments used after Gideon v FL. MSNBC has just run a series of shows on when science goes wrong in the courtroom. I have been called as an expert to challenge the State's analysts: usually not over the techniques, but their interpretation. Prosecutors won't like it because jurors will hear that there are no standards for fingerprint analysis, or hair or fiber analysis--just opinions. Even a chemistry lab--I watched an analyst proudly produce his list of accreditation agencies. I told the attorney to ask whether the lab had been on probation during the time of testing and how many deficiencies were allowed and still keep accreditation. All cockiness disappeared. It is in fact unreal how flimsy much of the science is that gets presented in court and that scares people. And, it should.

Posted by jrzshor on 08 Jul 09 10:17 AM EDT
how do you cross examine an expert in "drugs" Sir, was that white powder cocaine? Or was it really baby powder? Can you demonstrate to the jury exactly the steps your took to determine your biased opinion?

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