Confrontation Clause Cases (Part 20)

by | Jun 2, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Court continued in relevant part: The State’s argument that N.J.S.A. 2A:62A-11 should not be construed to require the State to produce the nurse who drew the blood because of the pragmatic considerations involved in securing such appearance at a trial a considerable distance away cannot be squared with the constitutional mandate of either Crawford or Berezansky and must therefore be rejected. Unquestionably, those decisions compel the conclusion that practical considerations must yield to constitutional imperatives when the two collide.

We likewise reject the State’s contention that defendant’s cross-examination of Muller was a sufficient alternative to cross-examination of Deal because, as the State itself concedes, there were several gaps in what Muller had observed. Nor are we persuaded by the State’s characterization of Deal as a “minimally involved witness in the chain of custody.” Lage’s expert testimony about the impact of contamination of blood on the reliability of the BAC reading persuades us otherwise.

Lage testified that an error by Deal in using an ethanol, rather than a betadine swab, or in the drawing of blood from an artery rather than a vein, or in the failure to have shaken the vials prior to testing could have falsely and unfairly inflated the BAC reading. In light of that testimony, the State’s characterization severely understates her potentially pivotal role in maintaining the purity of the sample and ultimately guaranteeing the reliability of the BAC result itself. Thus, the State’s effort to equate the role of a nurse who draws the blood to a minimally involved witness in the chain of custody must fail. For example, a desk clerk at a laboratory, who assigns an identifying number to a specimen and puts it in a secure area pending forensic analysis, is a “minimally involved witness in the chain of custody.” Comparing such a task to that of a person who procures the specimen and protects it from contaminating influences is, in our view, erroneous.

In future cases, the State may try to distinguish this decision by claiming that there were no gaps in a witness’s observations. However, the nature of drawing blood from an artery as opposed to a vein, for example, creates a problem. It does not appear to be something that anyone other than the nurse could testify to with firsthand knowledge.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is a good lawyer, he is really young yet made me feel confident that my lawful rights were being protected, and investigated all avenues when there was potential they weren't. He is very knowledgeable, and offered great peace of mind in such a distressing situation. I always felt like he had my back throughout the whole process, supporting aspects to my case that didn't even fall within his scope. I would highly recommend Fred.
Amy L
Google star 1Google star 2Google star 3Google star 4Google star 5
Using Fredrick Sisto for my attorney was a great experience. He was very easy to understand and work with. Also very good at his job and hard working. I would recommend to anyone who is seeking an attorney!
Thomas L
Google star 1Google star 2Google star 3Google star 4Google star 5
Very informative.
Patrick S
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the absolute BEST out there!! My experience with him was great he walked me thru everything and got my charges dropped!!!!!
Kat M
Google star 1Google star 2Google star 3Google star 4Google star 5
Thanks for sharing this information.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
Jeff M
Google star 1Google star 2Google star 3Google star 4Google star 5
Mr. Fred Sisto handled a case regarding my business. He was always available to answer my calls directly and helped me with any questions I had. He also had the case dismissed before I was even able to make it to the court room! I know it can be difficult when finding an attorney but I know I made no mistake choosing the law offices of Frederick Sisto, I highly recommend him!!
Kari J
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Great!!! , got my case handled in the exact manner that I was told and would recommend to everyone else in need of legal representation .
Raumelis R
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
Chris K