Seventh Circuit Weighs in on Crime-Lab Evidence
The Supreme Court was not the only court wrestling this week with the admissibility of crime-lab evidence. A day after the Justices heard oral argument in Briscoe v. Virginia, the Seventh Circuit decided United States v. Turner (No. 08-3109). Both cases put into question the vitality of Melendez-Diaz v. Massachusetts, 129 S. Ct. 2527 (2009).
A jury convicted Turner of selling crack to an undercover police officer. The drugs were sent to the Wisconsin State Crime Laboratory, where they were analyzed by a chemist named Hanson, who confirmed that they were indeed crack. The government intended to call Hanson to testify to this effect, but she went on maternity leave before the trial. So Hanson’s supervisor, Block, was summoned instead. Based on Hanson’s notes and data, Block testified that he agreed with her conclusion that the drugs were crack.
On appeal, Turner argued that Block’s testimony violated Melendez-Diaz.