The NC State Crime Laboratory has put into place a change to its Document Management Policy that should help criminal defense attorneys of record who wish to speak to the persons at the Crime Lab who have worked on their client’s case(s). The new procedure states:
22.214.171.124 Once a Case Record has been finalized, the employee may discuss the results of the examination and the record contents with the above listed individuals and the attorney of record for the defendant. Verification of the defendant’s attorney of record must be performed prior to release of any information by asking for the following information and recording it in the communication log: attorney’s name, agency or firm, phone number and/or email address, defendant’s name, and either the Agency or Laboratory case number.
This updated policy has been distributed to all Lab personnel. The Lab adopted this procedure to formalize their existing practice and to address communications issues brought to the attention of Ombudsman Sarah Jessica Farber in meetings with members of the defense bar. The opportunity to speak to a lab analyst prior to trial is invaluable to understanding the analysis performed in a case. All attorneys should take advantage of this opportunity!
As always, people can access the Crime Laboratory policies and procedures via the Sharepoint. Persons who do not have a login will need to create a free Microsoft account in order to do so, and can begin the process by sending an email to ISO@ncdoj.gov with “Request to Access Procedures” in the Subject line.