Mahoney

  • Our Team
    • Column Team
      • Team
      • Kevin J. Mahoney
      • Joan M. LeGraw
      • Georgia Pasqualone
      • Roisin
  • Practice Areas
    • Column One
      • Drug Offenses
      • Crimes of Violence
      • Sex Crimes
      • Motor Vehicle Offenses
      • Theft Crimes
      • Illegal Possession of Firearms
      • Obstructing Justice Offenses
      • White Collar Crimes
      • Federal Defense
      • Probation Violations
      • Restraining Orders
      • Professional Misconduct
      • Custody of Domestic Pets, Dogs & Cats Litigation
    • Column Two
      • Cyber Crimes
      • Hate Crimes
      • Appeals
      • Clerk Magistrate Hearings
      • Immigration
      • Civil Litigation
      • Civil Suits Against Law Enforcement
      • Personal Injury
      • College Crimes
      • Title IX Investigations
      • Juvenile Law
      • Estate Planning & Asset Protection
      • Last Will and Testament
      • Representation Before DCF
      • Dangerous or Nuisance Dog Defense
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
      • Recommended Lawyers
      • Succeeding With Your Lawyer
      • Right to a Telephone Call
      • Miranda Rights
      • Should I Speak with Police?
      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
      • Right to Self-Defense
      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
      • Cambridge Drug Trafficking Lawyer: Knock and Talk
      • Motor Vehicle Searches
  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
      • Collecting Evidence
      • Trace Evidence
      • Fingerprint Evidence
      • Autopsy
      • Gunshot Wounds
      • Stab Wounds
      • Drowning
      • Child Homicide
      • Rape Kit
    • Column Two
      • DNA Evidence
      • Forensic Dentistry
      • Forensic Botany
      • Toxicology
  • Mahoney in the Media
    • In the News
    • TV Appearances
  • Testimonials
  • Blog
  • Contact

Right to Confront Government Experts

August 10, 2012 by Kevin Mahoney

Does a Defendant Have a Right to Confront the Government’s Expert Witnesses? 

The Sixth Amendment’s Confrontation Clause gives criminal defendants the right to require witnesses against them to come to court and be cross-examined. One key question that arises under the Confrontation Clause is whether a defendant has the right to cross-examine government experts who perform testing or analysis (e.g., DNA testing or blood analysis) and submit written reports to the prosecutor, but do not testify. This is a hot topic that your Boston criminal defense lawyer needs to be on top of. 

Supreme Court rulings 

This issue is not yet resolved, but the Supreme Court has weighed in on several occasions. 

In Bullcoming v. New Mexico (June 2011), the Supreme Court held that scientific reports could not be used as evidence against a defendant unless the analyst who prepared and certified the report was subject to cross-examination. There, the Court held that a lab report showing a driver’s blood alcohol content was not admissible in evidence because the technician who prepared the report did not testify at trial.

More recently, in Williams v. Illinois (June 2012), the Supreme Court looked at a state rule of evidence that allowed a government expert (a forensic specialist at the Illinois State Police Lab) to testify about the results of DNA testing performed by analysts at an outside laboratory, Cellmark. The defendant had no opportunity to cross-examine the actual Cellmark analysts, and argued that the government expert’s testimony violated the Confrontation Clause. The Court determined that the primary purpose of the Cellmark report was to catch a rapist who was still at large, not to obtain evidence against the defendant personally, who was not identified, or in custody or under suspicion at the time. The Court held that the analysts at Cellmark could not possibly have known that the DNA profile they provided the State would inculpate the defendant, and that Cellmark had no “prospect of fabrication” or incentive to produce anything other than a scientifically reliable profile. Accordingly, in this case, the admission of the expert’s testimony about the results of DNA testing performed by a non-testifying analyst did not violate the Confrontation Clause. 

In a recent trend, the Supreme Court has approved of “notice and demand” rules, which require the prosecution to give notice to the defendant of its intent to use an analyst’s report at trial. The defendant is allowed a period of time in which he or she may object to the admission of the evidence, absent the analyst’s appearance at trial (see, e.g., Menendez-Diaz v. Massachusetts (2009)).

Contact a Massachusetts Criminal Lawyer

The Mahoney Criminal Defense Group will guard your constitutional rights and give you sound legal advice, based on our years of experience in the courtroom. If you are facing a criminal trial and you would like to speak with our Boston, MA criminal defense lawyers, please call (617) 492-0055 or submit our online contact form.

  • Author
  • Recent Posts
Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
Latest posts by Kevin Mahoney (see all)
  • Karen Read
    Framed or Femme Fatale?
    - September 20, 2023
  • Secretary Betsy DeVos: Slowly Remaking Title IX Investigations - August 2, 2018
  • The Shooting of Kathryn Steinle - January 2, 2018

About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

    text

  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

    text

  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

    text

  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

    text

Call 617.492.0055

Available to Respond to Emergencies
24 Hours a Day

Directions

Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
© 2023 Mahoney Criminal Defense Group.
All Rights reserved. Privacy Policy | Disclaimer
footer-logo

For a Free in-office Consultation Call 617-492-0055

  • Our Team
  • Practice Areas
  • What Should I Do?
  • Forensics
  • Mahoney in the Media
  • Testimonials
  • Blog
  • Contact
  • Practice Areas
  • Areas we serve
  • Mahoney In the Media