I have a case where the defense is asking that a blood sample be re-tested by their expert. The sample has been returned to the arresting agency by the DPS Lab. How do you aks the court to handle this? Obviously I don't mind the sample being re-tested, but I want it done in a way that preserves the integrity of the evidence. How have you handled this?

Typically, our office policy is to require the defense to get a court order allowing the release of the evidence and then we have the agency/lab ship the sample to the expert for the defense.

It has been a while since I needed to do this, but with blood testing, just like DNA testing, of course you want to protect your chain of custody and unexhausted samples. You should clearly state in a proposed order for the trial court how the procedure is to be handled, i.e., by whom,, by what method, at whose expense, by what carrier, who is to receive the results, and how the unexhausted sample will be returned. On the occasions I have been involved with this, the defense, prosecution, amd court simply put their heads together to come up with an agreed-on order. Sorry but I don't have copy of an order. JohnR in McKinney might be able to help out, though. This procedure was employed in the Blair case when I was in Collin County.

JAS

Stephanie, I have emailed you a couple of orders.

Could you email me a copy of those orders as well, John?

On the way to you, too, Greg. And I don't want none of y'all finding typos or anything like that, either.

The main thing is that the order needs to specify an individual who takes custody of evidence, where they are to take it, what is to be done, how it goes back, who gets what reports, who pays, and that the evidence be kept safe and secure on the way to testing, during testing, and after testing. Its a chain of custody thing.

[This message was edited by JohnR on 02-28-08 at .]

Greg...can you forward on a copy of that order to me as well...I think most of this retesting business is a delaying tactic because I seldom have to deal with it until the eve of trial...but we still have to deal with it...thanks

Done, Freddy.

And thanks, John. I know you'd just say "Glad to do it."

[This message was edited by Greg Gilleland on 02-29-08 at .]