Section 99 Subpoena All Testing Players

• Library: DWI Experts and the Science of Chemical Tests 2014

Under Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009), the State must produce as witnesses individuals who participated in the testing of the defendant’s sample in a criminal case. The lab director who is well seasoned in court may not be good enough under Melendez-Diaz, and the defense should subpoena everyone who played a role in the testing of the sample. Counsel should make sure that a résumé is part of the discovery. If there is some inconsistency, counsel should make sure to investigate further and ask follow-up questions at a deposition.

Counsel’s best practice would be to subpoena all to a deposition before the trial or have all of the parties show up at a suppression hearing on the laboratory evidence.

CRIME LAB DISCOVERY BASE © SCS, Inc. 2012–13

General Laboratory

1. Copy of laboratory’s standard operation procedures (SOP) manual (however named)

2. Copies of statement(s) of qualifications, curriculum vitae or résumé for laboratory personnel, including all technicians who played a role in the testing of defendant’s sample, plus, all supervisors and the lab director

3. Copy of laboratory protocols (e.g., prescribed minimum testing requirements)

4. Copy of total uncertainty calculations for the complete testing including sample identification, sample handling, sample storage, reagents, controls, blanks, measurement, instrument/equipment, and testing with an individual breakdown of all steps and procedures

5. Copy of laboratory quality procedures (however named) including:

a. Implementation procedures for the quality program

b. Internal audit procedures

c. Training and qualification procedures

d. Contamination control procedures

e. Document control procedures

f. Quality of reagents

6. Copy of documentation of internal audit scope and schedule

7. Copies of internal audit reports generated during the year, or external audit reports received during previous two calendar years and the current calendar year

8. Copy of most recent ASCLD‑LAB application for accreditation

9. Copy of most recent ASCLD‑LAB accreditation review report

10. Copy of ASCLD‑LAB Grade computation sheets, any criticisms and suggestions to improve laboratory performance

11. Copy of Final ASCLD‑LAB accreditation report

12. Copies of all procedures for each method in existence at the time used to perform testing of the defendant’s sample in this matter: qualitative identification, quantitation, and quality control, including techniques used, procedures used for...