Wednesday, July 22, 2009
Kaine calls special General Assembly session in response to Supreme Court ruling
Gov. Tim Kaine this morning called for an Aug. 19 special session of the General Assembly to change a state law that has been jeopardized by a recent U.S. Supreme Court ruling dealing with evidence in forensic lab reports.
The court ruled last month in a Massachusetts case that forensic lab reports are testimonial evidence and that scientists who prepare the reports must be available for cross-examination by defense attorneys. Some Virginia prosecutors have argued that the ruling could lead to a dismissal of valid drug and drunken-driving cases simply because scientists are unable to testify. The board of the Virginia Association of Commonwealth’s Attorneys called for a special session to fix the law so that it passes constitutional muster.
Republican attorney general candidate Ken Cuccinelli, a state senator from Fairfax County, has been a vocal proponent of a special session to change Virginia’s law. Kaine held off making such a move to review options with his public safety team.
Under Virginia’s law, defendants must call scientists in order to question lab reports. The Supreme Court’s 5-4 ruling in Melendez-Diaz v. Massachusetts shifts that burden to the prosecution. But the court also signaled that so-called “notice and demand” laws are constitutional. Under those statutes, prosecutors issue subpoenas to forensic scientists and give defense attorneys a deadline for deciding whether they want the scientists to appear in court.
The court ruled last month in a Massachusetts case that forensic lab reports are testimonial evidence and that scientists who prepare the reports must be available for cross-examination by defense attorneys. Some Virginia prosecutors have argued that the ruling could lead to a dismissal of valid drug and drunken-driving cases simply because scientists are unable to testify. The board of the Virginia Association of Commonwealth’s Attorneys called for a special session to fix the law so that it passes constitutional muster.
Republican attorney general candidate Ken Cuccinelli, a state senator from Fairfax County, has been a vocal proponent of a special session to change Virginia’s law. Kaine held off making such a move to review options with his public safety team.
Under Virginia’s law, defendants must call scientists in order to question lab reports. The Supreme Court’s 5-4 ruling in Melendez-Diaz v. Massachusetts shifts that burden to the prosecution. But the court also signaled that so-called “notice and demand” laws are constitutional. Under those statutes, prosecutors issue subpoenas to forensic scientists and give defense attorneys a deadline for deciding whether they want the scientists to appear in court.
