Virginia Gov. Tim Kaine announced today he will call a special session of the state General Assembly on Aug. 19 to respond to the U.S. Supreme Court's decision last month requiring in-person testimony by government forensics experts in criminal trials.
The 5-4 ruling in Melendez-Diaz v. Massachusetts determined that the use at trial of written reports or certificates about evidence such as drug samples or breathalyzer tests violates defendants' Sixth Amendment right to confront and cross-examine their accusers. Justice Antonin Scalia, who wrote the majority, said the ruling was an unremarkable follow-on to the 2004 Crawford v. Washington decision. But the June 25 ruling has triggered a wave of objections from state prosecutors nationwide who say already-stretched budgets will have to expand if forensics examiners are required to appear in court to testify about evidence.
In spite of Kaine's dramatic move, Virginia may be able to make relatively minor adjustments to its laws to accommodate Melendez-Diaz. Scalia said that states can develop procedures -- and many already have -- to notify defendants adequately about forensic evidence, giving them time to decide whether to call witnesses or waive the confrontation right. Scalia argued that it might be in defendants' best interest to waive the right, rather than having a government witness highlight the details of damaging evidence in person before a jury.
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