Kaine sets Aug. 19 special General Assembly session

Gov. Timothy M. Kaine today called an Aug. 19 special session of the General Assembly to deal with a U.S. Supreme Court ruling that some commonwealth’s attorneys fear could jeopardize prosecutions.

The U.S. Supreme Court ruled last month in Melendez-Diaz v. Massachusetts that the government must make scientists who prepare lab reports in drunken-driving and drug cases available for cross-examination by defense lawyers.

Under Virginia law, defendants have the responsibility to subpoena the scientists. Some prosecutors are concerned that they might have to delay or cancel prosecutions if the state scientists are unavailable for cross-examination.

During a special session, state legislators would consider how to amend state law to accommodate the Supreme Court ruling.