I'm prosecuting an Agg Sex Asslt case were daddy got his daughter pregnant. DNA of the child was sent to an independent lab. 99.99% granddaddy is daddy. We have the DNA as a business record. We're trying to save money by not have lab techs testify and use the business record. Cole v State refers to a DPS lab as a branch of law enforcement. I have found Caw v. State regarding an independent lab. Does anyone see a problem in going this way or is there anyone who has proceeded in this manner? Also, would there be a Daubert challenge?

As a former criminal defense attorney, I would suggest not saving money this way. Not only would I attack the last chain in your chain of custody if no one from the lab testifies, I would object to you "reading anything" into the results. In other words, without an expert to explain exactly what the results mean, I would object to the D.A. or any other non-expert explaining it to the jury. This is, assuming, you could get past a Daubert challenge to begin with.

If the defense does not object 10 days prior to trial, you can file affidavits that would be admissible under the above provisions.