http://kupferberglaw.com Criminal Defense Lawyers | Personal Injury Attorneys Tue, 09 Aug 2011 17:58:46 +0000 hourly 1 http://wordpress.org/?v=3.0.1 http://kupferberglaw.com/2011/08/supreme-court-holds-prosecutors-to-task/#comment-19 Supreme Court: Lab Analysts Must Appear in Criminal Trials | Joshua D. Borean | Attorney Tue, 09 Aug 2011 17:58:46 +0000 http://kupferberglaw.com/?p=1383#comment-19 [...] This recent decision clearly demonstrates why effective cross examination is not available when the lab analyst who is called to testify knows nothing other than what is contained in the report. Why was the original technician on unpaid leave? Did his leave have anything to do with how he conducted tests? Beyond the questions of integrity and honesty, a defendant also must be able to question the procedure and standards applied by the technician. A colleague who simply reads the results can only testify to what should have been done, and cannot testify as to what was actually done. via Kupferberglaw.com [...] [...] This recent decision clearly demonstrates why effective cross examination is not available when the lab analyst who is called to testify knows nothing other than what is contained in the report. Why was the original technician on unpaid leave? Did his leave have anything to do with how he conducted tests? Beyond the questions of integrity and honesty, a defendant also must be able to question the procedure and standards applied by the technician. A colleague who simply reads the results can only testify to what should have been done, and cannot testify as to what was actually done. via Kupferberglaw.com [...]

]]>