Opinion
No. 124255.
January 15, 2004.
Summary Disposition.
No. 124255. In lieu of granting leave to appeal, the January 30, 2003, and March 3, 2003, orders of the Ottawa Circuit Court are reversed, and the case is remanded to that court, which shall order DNA testing of the biological materials contained in the trial record as mandated by MCL 770.16. MCR 7.302(G)(1). The circuit court found that biological materials had been destroyed, but this finding was clearly erroneous (and presumably the result of an oversight). The materials forwarded to this Court included People's Exhibit 27, an envelope entitled "Evidence Collection Packet for Victims of Assault," which includes sealed envelopes and vials containing hair samples, swabs, smears, and slides of biological material collected from complainant on September 24, 1988. In light of this exhibit and following our review of the testimony at trial, we are satisfied that the requirements of MCL 770.16 have been satisfied. That is, a sample of biological material is available for DNA testing, the identified biological material was not previously subjected to DNA testing, and the identity of defendant as the perpetrator was at issue during the trial. The Supreme Court further orders the Ottawa Circuit Court (a) to determine whether the defendant is indigent and, if so, to appoint counsel to represent him; and (b) in light of the apparent confusion regarding the continued existence of People's Exhibit 27, to order a search of its files and the files of the parties (including the police) for other materials identified at trial (such as blood-stained bedding) that might usefully be tested. Finally, the Clerk of this Court is to arrange for hand delivery of the circuit court record to the Ottawa Circuit Court. Jurisdiction is not retained. Court of Appeals No. 247530.