In a recent post, I suggested that by establishing a good foundation, the State may be able to overcome a confrontation clause objection to its use a substitute analyst in a drug case. In its recent opinion in State v. Brewington, the N.C. Court of Appeals held that the trial court committed reversible error by allowing a substitute analyst to opine that a substance was cocaine. The decision might suggest that my teenagers are on to something when they repeatedly exclaim: “Mom, you don’t know anything!” Brewington was a drug case. Testing was done at the SBI laboratory by Nancy Gregory and reviewed by the Drug Chemistry Section’s supervisor, Ann Hamlin. At trial, the State offered SBI Special Agent Schell, an expert in forensic chemistry, to testify to the nature of the substance at issue. The defense objected on confrontation clause grounds, arguing that Schell shouldn’t be allowed to testify because she didn’t do the underlying tests. The objection was overruled and Schell testified that the substance was cocaine base. After testifying about lab procedures, direct examination of Schell continued as follows: Q. [W]ho . . . analyzed the sample . . . ? A. Nancy Gregory. . . . . Q. And according to the lab notes . . . [w]hat types of tests were performed on this sample? A. There were two preliminary color tests, a preliminary crystal test and a more specific instrumental analysis test that was conducted on this piece of evidence. . . . . Q. [...]
Faculty Coordinators
