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Young Forensic Scientists Forum Newsletter - January 2000 A
Surprising First Pre-Trial Conference |
| For the young forensic scientist, the first time you testify is usually full of anxiety, as well as relief. The anxiety comes from that part of you that wonders if all your training will pay off, or will you just simply bomb the whole thing. The relief comes afterward, knowing that ‘you did it’ and all that time spent on education and training was well worth it. I have already gotten through the trials and tribulations of that ‘first’ court testimony, and it was well worth it. To date, I have testified four times in the area of forensic serology; with little cross-examination from the defense. The next big hurdle for me will be the first time I testify in court on PCR (polymerase chain reaction). Some concerns I have: Will I be able to make the jury understand what I am saying? Will I be able to hold my ground upon cross-examination? Will all the time spent reviewing the material and preparing for the court testimony come across without a glitch? This is just a short story (based on actual events) about preparing for what could be the first PCR testimony I give in court. To give you a brief background, the case involves a homicide that occurred under my agency’s jurisdiction. I am the chemist who screened the evidence in serology, of which a total of about 120 items were sent into the lab. I managed to get through all of that and sent 34 cuttings and swabbings for PCR analysis. Fortunately, the investigators were very cooperative and we were able to sort through everything and prioritize which items were most important just to get started. Unfortunately, I was given only about two months notice on the court date. Which, considering the amount of evidence, wasn’t a whole lot of time. Additionally, in my state, we are required to produce DNA discovery requests 30 days prior to the start of the trial; otherwise, the defense has grounds for postponement. I received a request from the State Attorney’s office for a pre-trial conference. I informed them that the analysis was not completed, and asked, “Did they want to wait for the pre-trial until I had more information?” They did not, so with one day’s notice I went to meet with the State Attorneys assigned to the case (or so I thought). I was scheduled for a pre-trial after lunch (our latent print examiner was to have a pre-trial in the morning and mine was to follow). I loaded up the serology file and what I had on the PCR file and headed out to their office. I have to admit I was a little (lot) nervous. I had sat in on several pre-trials for DNA with other chemists, but this was the first by myself. It was also the first outside of the safe surroundings of my laboratory. I left early, but of course, traffic posed a problem and made me few minutes late. I found my way to the State Attorney’s office and presented myself to the receptionist. She asked me to take a seat in a chair. As I was seated, a man and woman who had been in the office when I entered greeted me. They introduced themselves as the defense attorney and co-counsel of the defendant in the case I was having the pre-trial on that afternoon. The man informed me they would be sitting in on the pre-trial with the prosecutors!!!. I had a brief moment where I don’t think I breathed. I was nervous enough. I took my seat, made some idle chatter with them and waited. After a brief time, the prosecutors returned from lunch and escorted all three of us back to a conference room. We began sifting through the evidence. Basically, the questions involved, what did I receive? What did I analyze? What did I send to DNA? And what results had I obtained? However, there were some findings I thought should have been discussed with the prosecutors ahead of time. The defense counsel was very polite and personable (I was extremely relieved) and listened to my explanations. The pre-trial lasted about two hours, most of which was spent discussing the serology analysis and results. Afterwards, the defense counsel and myself were escorted out to the front office. On the way out, I quietly stated to one of the prosecutors that ‘it would have been appreciated to have known ahead of time that the defense would be present.’ She apologized, and said it was a last minute thing. I returned to the laboratory, and went to visit the latent print examiner who had had the pre-trial that morning. I asked if the defense was present. He said ‘yes’ and began to express his concerns. We agreed that it would have been more appropriate to have had a separate meeting with the prosecutors first and then invite the defense to sit-in. We also agreed that in the future, we should ask the prosecutor if the defense will be sitting in on a pre-trial conference. As well as if there would there be a chance to discuss the case outside of the presence of the defense counsel. The moral of the story is that no matter how experienced you are, there may always be something to ‘surprise’ you. So of course, always be prepared for every eventuality. It is part of the job to keep calm, even when you have been caught off-guard. Maintaining a professional demeanor is just as important as the education and training that the forensic scientist has received. |
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© 1999 Young Forensic Scientists Forum / American Academy of Forensic Sciences |