Summary
In Cosey, we concluded that "fundamental fairness and the extraordinary circumstances presented by this case" required that the defense disclose the results of a DNA test it did not plan on introducing at trial because "the remaining testable quantities of physical evidence of a crime have been destroyed, consumed, or otherwise exhausted by the defendant's own actions in testing the physical evidence."
Summary of this case from State v. StephensOpinion
No. 95-KK-0039
March 30, 1995
IN RE: State of Louisiana; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of East Baton Rouge 19th Judicial District Court Div. "J" Number 7-90-596; to the Court of Appeal, First Circuit, Number KW94 1696
Granted. See per curiam.
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CALOGERO, C.J. not on panel.
Defendant, Frank Ford Cosey, in performing DNA testing on a semen specimen obtained by investigators from the crime scene, exhausted the remaining testable quantities of the specimen. Consequently, the prosecution is precluded from performing additional, more sophisticated DNA testing of the specimen, similar to that conducted by defense experts. In addition, as the defendant neither intends to use the DNA test results at trial nor call as a witness the person who prepared the test results, copies thereof are not discoverable by the prosecution under the language of La.C.Cr.P. art. 725.
However, fundamental fairness and the extraordinary circumstances presented by this case dictate that the prosecution be allowed to obtain copies of the test results in question. La. C.Cr.P. art. 725 was not designed to protect a criminal defendant in this type of situation, i.e., where the remaining testable quantities of physical evidence of a crime have been destroyed, consumed, or otherwise exhausted by the defendant's own actions in testing the physical evidence. Accordingly, Frank Ford Cosey and his attorneys are ordered to turn over to the prosecution copies of all results of tests performed on the semen specimen.