I have a sexual assault case going to trial which involves DNA. An out of county lab did the testing of rape kit swabs and the defendant's buccal swab. The analysts are reluctant to bring the swabs and envelopes to court for me to use as exhibits. In the past, I have always introduced these items as part of my case, but the lab people tell me that they never do that in their county. I've always believed that these items were needed as proof of testing, but if the lab doesn't routinely bring them to trial I figure that there is something I don't know. How do other prosecutors handle this?

Whether DPS or Orchid Cellmark, I have never had the problem that you are having, unless the samples have been completely consumed in testing. I have always used the methodology that you have, but, is there a possibility that the lab you are dealing with is trying to deal with possible issues of retesting @ defense request (or similar concerns)? Has there even been a defense motion for independent testing/review?

The defense has not requested retesting. The defense attorney has brought in a law review type to help him with the trial, so I want to be sure that I have enough evidence to survive sufficiency claims at trial and any appeal.

It is a bit awkward to offer into evidence biological material (blood samples, swabs, etc). Why not have the actual material present for the jury to see during the trial but offer into evidence photographs of those materials as a substitute? That way, the actual materials remain in the custody of someone who knows how to take care of them.