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Crime Laboratory v. Blenden6/24/1999
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"Q. [Defense] Okay. So on step three, we talk about standards plural, do we not, standards with an S, and in step one, we talk about an internal standard, singular; is that correct?
A. [Hales] That's correct. Those are two different terms.
Q. So when you talk about standards, plural, you're talking about solutions that are of different alcohol concentrations, right?
A. That's correct, of known concentration."
. During a subsequent hearing on the State's motion to reconsider, Hales attempted to clarify his previous testimony by stating that "standards" also referred to the use of the same standard multiple times, as was done in this case. When asked by the defense why Hales did not tell the court about this during the trial, Hales testified that he did not know that there was a misunderstanding as to his definition of a standard. Additionally, Howell testified that he wrote the Crime Lab's Procedures and that by analyzing the results of the tests, which showed only one concentration of standard as being used, he had determined that Hales had performed the tests pursuant to the Crime Lab's Procedures. The defense presented no other expert testimony regarding the interpretation of the Procedures, instead relying on Hales testimony during the trial that "standards" - plural- referred to different concentrations of standards. Even if Hales's testimony was contradictory, Howell's interpretation of the Procedures, that only one concentration of standard was required when analyzing a blood sample, was entitled to deference. Tower Loan of Mississippi, Inc. v. Mississippi State Tax Com'n, 662 So. 2d 1077, 1080-81 (Miss. 1995). There is no showing that Howell's interpretation is clearly erroneous. Nevertheless, the apparent agency vacillation on this issue is sufficient justification for the trial court consider this factor in the context of the overall circumstances when determining whether to impose sanctions.
. The trial court found that the acts of the crime lab were intentional, forced the defense to request a mistrial and were chargeable to the State of Mississippi. Where material evidence within the knowledge of a governmental officer has been withheld from the defense, that knowledge is imputed to the prosecutor, regardless of the fact that the governmental officer with actual knowledge is from a different governmental agency. United States v. Antone, 603 F.2d 566, 569 (5th Cir. 1979). See also Giglio v. United States, 405 U.S. 150, 153-54, 92 S.Ct. 763, 766 (1972). Such knowledge is also imputable to the prosecution regardless of the good or bad faith of the prosecutor. Antone, 603 F.2d at 569. In this case the District Attorney's office and the Mississippi Crime Laboratory are both state agencies. Howell, from the Mississippi Crime Lab, redacted discoverable information from documents and failed to disclose the names of suppliers of known standards.
. Even though the trial court did not err in finding that the State had committed discovery violations thereby causing the mistrial, the inquiry can not stop there, it must also be determined whether the trial court had the authority to impose monetary sanctions against the State.
B.
. The State raises the issue of whether the trial court abused its discretion by imposing sanctions. Where the prosecution attempts to introduce evidence which has not been timely disclosed the defense should be given a reasonable opportunity to review the evidence. URCCC 9.04(I) (1998). If, after review the "defense claims unfair surprise or undue prejudice and seeks a continuance or mistrial, the court shall, in the interest of Justice and absent unusual circumstances, excl
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