In June 2009, the United States Supreme Court issued an important decision regarding the rights of driving under the influence (DUI) criminal defendants. The case before the Court, Melendez-Dias v. Massachusetts, asked the justices to consider whether forensic affidavits were testimonial in nature. Prosecutors around the country had been using forensic reports that described the level of drugs or alcohol in the defendant’s body as their primary piece of evidence against a defendant.
That practice will no longer be allowed. The Supreme Court has ruled that the forensic report were in fact being used as witnesses and that because the Sixth Amendment to the United States Constitution provides criminal defendants with the right to confront the witnesses against them, the prosecution must make the lab analyst or technician available as a trial witness.
This decision may have a profound impact for a defendant who is taking his or her case to trial. The defendant, together with his or her Illinois criminal defense attorney, should carefully consider whether calling the lab technician to the witness stand will strengthen the defense.
The Supreme Court has agreed to take up another case in the 2009-2010 term that addresses the question of whether the prosecution or the defense should have the responsibility to request that the lab technician or analyst be called to the witness stand so stay tuned for further developments in this area.