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Maples v. State3/31/1999
se of conduct and because he did not have the intent to commit a robbery at the time of the murders. Therefore, even without the DNA evidence, there was no reasonable doubt as to the appellant's guilt.
Moreover, we also note that defense counsel thoroughly cross- examined the State's DNA expert about the methods he used. Additionally, the results of the defense's independent DNA analysis were consistent with those reached by the State's expert. In fact, the results were even more accurate than the State's because the independent laboratory used three more genetic markers than the State laboratory used. For these reasons, the appellant has not shown that he was prejudiced by the admission of the evidence.
Finally, the appellant appears to argue that, based on the Alabama Supreme Court's holding in Hutcherson, supra, the failure of the prosecution to produce DNA evidence in discovery can never constitute harmless error. In Hutcherson, that court held:
"After reviewing the DNA testimony given in this case, we agree with the Court of Criminal Appeals that the trial court erred in failing to conduct a hearing outside the presence of the jury on the admissibility of the DNA evidence. We also agree that the State failed to comply with Perry, because there was insufficient testimony concerning the reliability of the test results. Specifically, the testimony from forensic scientist Elaine Scott failed to satisfy the third prong of the Perry test because she did not testify as to the quality controls used by the Mobile laboratory. Additionally, testimony from Roger Morrison failed to sufficiently meet the third prong, because he explained only one type of quality control procedure used and did not testify as to other quality control procedures used except to state generally that quality controls were used. However, we disagree with the Court of Criminal Appeals' application of the harmless error doctrine to the admission of DNA evidence.
"'Harmless error' is defined as 'an error which is trivial or formal or merely academic and was not prejudicial to the substantial rights of the party assigning it and in no way affected the final outcome of the case.' Black's Law Dictionary 718 (6th ed. 1990). In order to secure a reversal of a judgment, an appellant not only must show error, but also must demonstrate that the error resulted in a substantial injury. Rule 45, A.R.App.P. Overwhelming evidence of guilt does not render prejudicial error harmless under Rule 45. Ex parte Lowe, 514 So.2d 1049 (Ala. 1987).
"....
"'"Before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt."' Ex parte Greathouse, 624 So.2d 208 (Ala. 1993), quoting Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705 (1982).
"We hold that the admission of the DNA evidence was not harmless beyond reasonable doubt. The prejudicial impact of both DNA 'matching' evidence and DNA population frequency statistics creates such a possibility for prejudicial impact upon the jury that the admission of DNA evidence without complying with Perry can never be harmless error. Perry sets out the predicate for properly admitting DNA evidence, and it must be followed in order to ensure the reliability and trustworthiness of the evidence. The prejudicial impact of scientific testimony, such as that relating to DNA, can unduly influence a jury; it must have a proper foundation before it is presented. ...
"Based on the State's failure to comply with the standard we set out in Perry regarding DNA evidence, we must reverse the judgment of the Court of Criminal Appeals and reman
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