Section 10.34 Short Tandem Repeats (STR)

• Library: Criminal Practice 2012 Supp

3. (§10.34) Short Tandem Repeats (STR)

Once again, when the third type of DNA testing, short tandem repeats (STR), was admitted into Missouri courts, a Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), hearing was not conducted. State v. Salmon, 89 S.W.3d 540 (Mo. App. W.D. 2002). Defense counsel requested a Frye hearing because of the new type DNA testing being introduced by the state, but the trial court refused. At trial, defense counsel did not seek to make an offer of proof, and the state proceeded to call two witnesses who testified about the general acceptance of the STR-DNA testing method and the actual STR-DNA test results. Id. at 543–44. The Western District determined that “Mr. Salmon would not be prejudiced by the court’s failure to hold a Frye hearing, unless the evidence was improperly admitted because there was insufficient evidence to prove that the PCR STR method of...