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State v. Adams6/30/2004
in drive and the ignition was in the on position. This is important as the coroner indicated that it appeared the victim had been dumped in the car after she had been assaulted. Therefore, she probably was not the driver.
. Other evidence which the defense counsel did not receive in a timely manner was the evidence from BCI that either identified appellant as the donor of the sperm or discounted David as the sperm donor. This report was not received until two days before trial. Ultimately, the presence of appellant's DNA in the victim's anus became the critical evidence supporting appellant's conviction. It is worth nothing that only at trial, during the testimony of BCI representative Jennifer Duval, did defense counsel learn that the victim's anus contained two sperm samples, only one of which could be analyzed for identification purposes. The identifiable portion was linked to appellant. Again, defense counsel was unable to adequately address the issues raised by the untimely submission of discovery at trial.
. Moreover, apparently defense counsel never received a complete list of everything inventoried from the car in which Roslyn was found. Specifically, after the first witness had begun his testimony, the following sidebar took place:
. " * You're right you did give me what was sent to BCI, but I just got yesterday what was taken from the car. You did tell me what you sent BCI to check out, but * I only got this last night about everything else in the car. I should have been provided this *. And I should have been provided this long time ago."
. From the relevant testimony, it is apparent that there were two inventory lists detailing items found in Roslyn's car and a separate list of items sent to BCI. The Trumbull County Sheriff's Department first inventoried the car and made a three-page list of its contents. Mr. Snyder of BCI also inventoried the car later that night. Mr. Snyder made a list and sent only selected items to BCI for analysis. During Mr. Snyder's testimony, defense counsel informed the court that they had received the list of the items that were sent to BCI, but did not receive a complete list of all the car's contents until the day before trial actually began.
. The transcript contains numerous instances of the difficulties encountered by defense counsel in evaluating the late discovery submissions, to wit:
. "It was either yesterday or this morning we received this packet of discovery and it talks about notes of Jeff Hoolihan, permission to search forms, there's three of them. A couple of BCI reports, lab reports, and three more detectives, a deputy, and Jason Emerine, who I believe is a nurse at the Trumbull City Jail. I appreciate that they did give it to you but we are in second or third day of Jury selection, it really makes it difficult for us to respond to this *."
. Likewise, defense counsel indicated in reference to witness statements concerning what happened at David's house on the night of the party:
. " * I have read some of these statements. They are so voluminous, I haven't had the time * o take a tape recorder and read them into a tape recorder. That would take me days to do that. I am saying that these one, two, three, four, five, six, seven, eight, nine, 10, 11, 12, 13 statements, that is not even half of the statements, and my co-counsel went over [to the prosecutor's office] and read some more, she told me about some more things she's found, is that these are riddled with exculpatory material. They point to somebody else *."
. The point is that even though these statements were ultimately provided, it was not until the trial had begun. As
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