WASHINGTON, June 18 (Reuters) - The U.S. Supreme Court on
Monday made it easier for prosecutors to use expert testimony
about DNA laboratory reports at trial without allowing
defendants to confront and question the forensic analysts
involved in the tests.
By a 5-4 vote, the high court refused to add to a string of
decisions since 2004 that have broadly interpreted the
constitutional rights of criminal defendants to confront
witnesses against them. The case involved a sexual assault in
2000 in Chicago for which the defendant was convicted and
sentenced to life in prison.
The case had been closely watched because it could have had
significant impact for prosecutors, law enforcement agencies
and crime labs nationwide.
The Supreme Court's ruling was narrow, concluding that the
expert testimony in the case from Illinois did not violate the
U.S. Constitution. The dispute produced a splintered rationale
that makes it difficult to predict how broadly the decision will
affect future cases.
In the decision written by Justice Samuel Alito, the court
said that the limited DNA testimony at issue in the case did not
fall within the protections of the Constitution's "Confrontation
Clause" guaranteeing that criminal defendants "be confronted
with the witnesses against him."
Justice Elena Kagan, writing for the dissenters, said the
ruling significantly confused this area of criminal law.
"Before today's decision, a prosecutor wishing to admit the
results of forensic testing had to produce the technician
responsible for the analysis," she wrote. "But that clear rule
is clear no longer."
The Supreme Court ruled in 2009 that defendants have the
right to cross-examine the analyst who prepares DNA, blood,
ballistic and other laboratory reports introduced at trial.
The court then ruled in 2010 that the defendant must be
allowed to question the lab analyst who did the test, not a
colleague or supervisor.
The Supreme Court did not overrule those past decisions, but
Monday's ruling casts a cloud over them.
Monday's case tested situations in which the DNA report has
not been introduced as evidence at trial, but was used as the
basis for an opinion by an expert witness.
Illinois was backed by more than 40 states in arguing that
scientific experts should be allowed to testify about DNA data
without having to call the analyst involved in the test.
The defendant in the case, Sandy Williams, was arrested on
an unrelated charge and he provided a DNA sample for the state
police lab database. A forensic analyst later testified at his
trial about the procedures she had used to get his DNA sample
and how she had entered the information into the database.
Police also recovered DNA material from the victim. That was
analyzed by Cellmark Diagnostic Laboratory in Maryland, but the
lab report was not introduced as evidence at trial and no one
from the lab testified about it.
The DNA expert who did testify said she compared the two
samples and offered her opinion that they matched. She said her
testimony was partly based on Cellmark's testing procedures.
Williams was convicted on sexual assault charges, among
other offenses, and sentenced to life in prison. The Illinois
Supreme Court upheld his conviction. Williams appealed to the
U.S. Supreme Court, arguing his constitutional rights had been
violated.
The Supreme Court upheld the decision of the Illinois
Supreme Court. "We conclude that there was no Confrontation
Clause violation in this case," Alito wrote, noting that the
expert referred to the testing only to explain the assumptions
on which her opinion rested.
Joining Kagan in dissent were Justices Antonin Scalia, Ruth
Bader Ginsburg and Sonia Sotomayor.
The Supreme Court case is Williams v. Illinois, No. 10-8505.
(Reporting by James Vicini; Additional reporting by Joan
Biskupic)
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