Friday, March 11, 2011
Doesn't the Confrontation Clause apply in Kansas?
Gee, I realize that some prosecutors are holding out hope that Melendez-Diaz will be confined or even overruled in Bullcoming, but it is the law, and I would have thought that by now word would have reached Kansas. But John Collins, director of the Michigan State Police Laboratory, has passed on this article from the Wichita Eagle, Bill lets forensic experts report in writing, skip testifying. Yoo hoo! You can't do that.
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What we have here seems to be a typical failure by news outlets to accurately report legal issues. The newspaper you're linking to misconstrues (or misportrays) the law.
1. The law doesn't suddenly allow evidence to be admitted w/o testimony, it just adds new agencies to the approved list of people who can submit written testimony.
2. The law itself is a notice-and-demand statute. It does have the typical "issues must be contested" part of the demand requirement, but I believe such requirements are still a grey area.
3. The only other potentially troubling part of the law is that it would seem to prevent video testimony over defense objection, by I don't think there's settled law on that point.
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