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Crime Laboratory v. Blenden6/24/1999
ional and resulted in the alteration of documents which were crucial to the defense. The trial court held that the Crime Lab's personnel committed affirmative acts of concealment and misrepresentation. The trial court further held that the acts of the Crime Lab's personnel caused the defense unnecessary expense in the amount of $28,268.65. The trial court then entered a Judgment for that amount against the Harrison County District Attorney and the State of Mississippi.
. On a motion for clarification, at which the Harrison County Board of Supervisors put in an appearance, the trial court also found that the Harrison County District Attorney's Office was ultimately responsible for the acts of the Mississippi State Crime Lab and that the burden to pay the sanctions fell on the Harrison County Board of Supervisors. So finding the trial court imposed monetary sanctions in the amount of $28,268.65, jointly and severally against the State of Mississippi, for the acts of the Crime Lab, and against Harrison County, for the acts of the District Attorney's Office. Aggrieved the State of Mississippi, the District Attorney's Office and the Crime Lab appeal the imposition of sanctions. That case is consolidated with Brandon's appeal of his conviction on a double jeopardy claim. The Harrison County Board of Supervisors also filed Amicus Curiae briefs.
II.
. "The standard of review when a trial court institutes sanctions for discovery abuses is 'whether the trial court abused its discretion in its decision.'" Kinard v. Morgan, 679 So. 2d 623, 625 (Miss. 1996) (quoting Cooper v. State Farm Fire & Cas. Co., 568 So. 2d 687, 692 (Miss. 1990) (quoting Brown v. Arlen Management Corp., 663 F.2d 575, 580 (5th Cir. 1981))). The lower court's imposition of sanctions will be affirmed in the absence of a "'definite and firm conviction that the court below committed a clear error of judgment in the Conclusion it reached upon weighing of relevant factors.'" Id.
A.
. The Harrison County District Attorney's Office, the Mississippi Crime Laboratory, and Harrison County (hereinafter collectively "the State") claim that the findings of the trial court are not supported by the record. In its various orders the trial court found that the sanctions imposed were warranted due to the prosecution's numerous discovery violations, the violation of the sequestration rule, and the Crime Lab's failure to follow its standard procedures for analyzing blood-alcohol content. First, the trial court found that the State violated discovery by failing to disclose that Hales, not Howell, had actually sampled Brandon's blood and had run the blood sample through the Chromatograph machine. The trial court also found that the State failed by not including Hales's name on the State's witness list. The trial court based it findings on Kettle v. State, 641 So. 2d 746 (Miss. 1994). In Kettle this Court held that where a defendant raises a Sixth Amendment right to confrontation objection in a case such as the one at bar, the defendant is entitled to have the technician who conducted the laboratory test testify. Id. at 750. See also Gossett v. State, 660 So. 2d 1285, 1296 (Miss. 1995) (holding that it was"error to admit the autopsy report without producing the author").
. The prosecution argues that Hales was not included on the State's witness list because the State had no intention or need to call Hales as a witness prior to trial, because generally the supervisor or the individual who actually analyzed the blood tests was the one to testify in court. The State also argues that Brandon knew of Hales and his likely role in the case long before trial and could have investigated who placed the bloo
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