People v. Barner

Defendant was convicted, after jury trial, of aggravated criminal sexual assault, having been arrested and charged more than three years after the crime. Reports of nontestifying witnesses as to DNA lab work, made before Defendant was charged for this offense, were not subject to confrontation requirement because, although they produced a "match", they were not made in connection with current prosecution but in connection with another unrelated homicide for which Defendant had been a suspect and for which he was never charged. Standard for determining whether a forensic report is testimonial is an objective one as to whether it was made for purpose of proving guilt at trial. (GARMAN, FREEMAN, THOMAS, KARMEIER, and BURKE, concurring; KILBRIDE, dissenting.)