The action was spurred by the court’s recent ruling in the case of Melendez-Diaz v. Massachusetts, in which justices said forensic professionals must appear in court when lab results are presented as evidence.
Prior to this ruling, submission of a certificate of laboratory analysis was sufficient in most states. The change will require forensic experts, whose ranks are thin in most states, to testify in more trials than had previously been required. Some fear the court’s ruling could force a long backlog of cases awaiting forensic testimony, thus, possibly derailing some trials.
“The longer we delay, the more drunk drivers and drug offenders get off spot free,” Centreville’s Sen. Ken Cuccinelli (R-Fairfax), an attorney, said in a statement. “I am confident that the overwhelming proportion of my colleagues will come to Richmond focused on fixing this real and rising danger in our criminal justice system."
Kaine said he discussed the implications of the ruling with several members of the General Assembly, including with Cuccinelli, as well as with Attorney General Bill Mims and the Commonwealth’s Attorney Association, and concluded a special session was needed. It is scheduled to start Aug. 19.
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