United States v. Yee

129 F.R.D. 629, 1990 U.S. Dist. LEXIS 6679, 1990 WL 25325
CourtDistrict Court, N.D. Ohio
DecidedFebruary 14, 1990
DocketNo. CR 89-720
StatusPublished
Cited by6 cases

This text of 129 F.R.D. 629 (United States v. Yee) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Yee, 129 F.R.D. 629, 1990 U.S. Dist. LEXIS 6679, 1990 WL 25325 (N.D. Ohio 1990).

Opinion

JAMES G. CARR, United States Magistrate.

This is a criminal case in which pretrial matters have been referred to the undersigned for initial hearing and determination. Pending are motions by the defendants for discovery of materials relating to testing for purposes of DNA analysis of blood taken from one of the defendants (John Ray Bonds) for purposes of comparison with blood found in the vehicle of another of the defendants (Steven Wayne Yee) and the van of a murder victim.

The defendants seek specifically designated items that relate, in general terms, to development by the F.B.I. Laboratory of matching criteria and standards (which serve as a benchmark for purposes of assessment of known versus unknown samples), tests conducted with reference to the effect of “environmental insults” on the reliability of the DNA testing process, information about population data, which is the basis on which an opinion can be expressed about the degree of likelihood that a particular sample manifests characteristics that are shared by another person, and results of proficiency testing.

The defendants’ requests for discovery of this material were contained in discovery demands (docs. 111, 119, 167, 200A), and have been the subject of extensive pretrial discussion between the parties, and between the parties and the undersigned. In addition, these discovery requests were the subject of oral argument on February 1, 1990.

At that argument, the defendants appeared to accept, without expressly doing so, the government’s contention that the materials that they are seeking are not encompassed within Fed.R.Crim.P. 16. Consequently, much of the discussion during that session related to other possible bases for granting discovery, and whether the circumstances of this case were such that a logical and legal basis for granting the requested discovery could be ascertained outside the confines of Rule 16.

At ultimate issue is the admissibility of scientific evidence that heretofore has not been offered in a federal criminal proceeding. A hearing in limine on the admissibility of the DNA evidence in this case has been scheduled for mid-April, and is expected to last for at least two weeks. The defendants have made their discovery requests in order to be prepared to cross-examine the government’s witnesses at that hearing and acquaint their own experts in advance of the hearing with the underlying data on which assessments of the DNA evidence in this case are based, so that those experts can present their own opinions about the reliability of that DNA evidence.

[631]*631The basic legal principles governing the admissibility of novel scientific evidence are not at issue. In this Circuit, the conventional Frye standard continúente be applied. Thus, the DNA evidence will be admissible if the government establishes that the scientific processes on which it is based have gained “general acceptance in the particular field in which it belongs.” United States v. Franks, 511 F.2d 25, 33 n. 12 (6th Cir.1975) (upholding admissibility of “voiceprints”). “General acceptance,” the Court stated in Franks, is “nearly synonymous with reliability. If a scientific process is reliable, or sufficiently accurate, courts may also deem it ‘generally accepted.’ ” Id. See also United States v. Distler, 671 F.2d 954 (6th Cir.1981) (“oil fingerprinting” admissible); United States v. Brady, 595 F.2d 359, 362 (6th Cir.1979) (expert evaluation of optical microscopic comparison of hair samples admissible); United States v. Brown, 557 F.2d 541, 556 (6th Cir.1977) (hair comparisons by ion microprobic analysis inadmissible); United States v. Stifel, 433 F.2d 431, 441 (6th Cir.1970) (neutron activation analysis admissible).

In Franks, Distler and Stifel the determination of whether the proposed scientific evidence would be admitted was undertaken at a time when a body of scientific assessments of the theories and techniques already existed. See Distler, supra, 671 F.2d at 962 (methods “have received a significant degree of national and international recognition”); Stifel, supra, 433 F.2d at 441 (reference to 100 scientific papers on neutron activation analysis); United States v. Baller, 519 F.2d 463, 465 n. 1 (4th Cir.1975) (references to materials re. voice-prints). In Brown, in contrast, the proposed evidence was held to be inadmissible primarily on the basis that the proponents conceded that their test results had not been duplicated elsewhere and they were unable to cite any authority in the field in support of their positions. 557 F.2d at 557.

A distinctive feature of this ease is that there has been no similarly extensive independent scientific assessment and replication of the reliability of the procedures that have been developed by the F.B.I. for determining whether the DNA in an unknown sample matches with the DNA of a known subject. In their battle in this case, therefore, the experts will not be armed with their usual weapons—namely, the research, results, and opinions of others in their field. As a consequence, this Court, as it undertakes to determine whether the government’s DNA evidence meets the Frye/Franks standard, will be doing so without the kind of guidance from the scientific community that usually is available when newly discovered scientific techniques are offered into evidence. Although, as the Sixth Circuit noted in Brown, supra, a “courtroom is not a laboratory,” 557 F.2d at 556, the circumstances of this case call on this Court to use the legal process as a surrogate for scientific procedure to ascertain the reliability of the government’s evidence.

Another aspect of this case that, though not unique, is important, is the fact that the defendants have developed bona fide questions about each of the categories in which they are seeking discovery. Although at this point those questions are basically expressions of uncertainty, rather than a compilation of contradictory scientific views, their seriousness and potential significance are underscored by past statements of the F.B.I. laboratory relative to desirable standards and procedures that, at least according to the defendants, that laboratory itself has not fully implemented. (Doc. 167, Exh. G (Quality Control in DNA Typing: A Proposed Protocol)).

The usual demands presented by any new scientific evidence are, therefore, intensified by the absence of a substantial body of scientific evaluation, just as the difficulties of the challenges presented in this case are increased by the complex nature of the evidence. The precondition to reaching a correct decision concerning the admissibility of the DNA evidence in this case is, accordingly, a record that is as complete and clear as is reasonably possible.

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Related

State v. Garcia
3 P.3d 999 (Court of Appeals of Arizona, 1999)
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United States v. Yee
134 F.R.D. 161 (N.D. Ohio, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
129 F.R.D. 629, 1990 U.S. Dist. LEXIS 6679, 1990 WL 25325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-yee-ohnd-1990.