People v. Barner

This case presents question as to whether, in instant aggravated criminal sexual assault trial, trial court properly admitted testimony of forensic scientists, who did not personally perform laboratory analysis of sperm found on victim’s underwear, to establish that defendant’s DNA profile matched DNA profile of sperm found on underwear, where said testimony was based on analysis of other experts who did not testify at trial. Appellate Court found that said testimony was properly admitted where instant experts stated that laboratory that conducted analysis was accredited, and that scientifically accepted protocols were followed by each analyst, who worked on sperm sample. Ct. further found no Confrontational Clause violation since results of work by non-testifying experts were not testimonial and were not created for primary purpose of incriminating defendant. (Dissent filed.)