Va. lawmakers still grappling with high-court’s ruling

A General Assembly panel failed to reach agreement yesterday on potential legislative solutions to a recent U.S. Supreme Court opinion that threatens to tie up Virginia’s court system.

Gov. Timothy M. Kaine has called a special session of the assembly on Aug. 19 to try to amend state statutes so the state can comply with the Supreme Court’s recent Melendez-Diaz v. Massachusetts decision.

In the 5-4 July decision, the high court ruled that state forensic science technicians must be available in person for cross-examination by the defense. Currently, Virginia prosecutors often introduce a certificate of laboratory analysis, rather than having lab technicians appear themselves.

Frustrated members of the Senate Courts of Justice Committee explored several options yesterday before disbanding. They will try again to reach agreement on a bill next week that could be offered to the special session.

The committee heard testimony from several law-enforcement representatives that the opinion threatens to tie up court personnel and cause serious delays in trials involving alleged drunken drivers, drug users and sex offenders.

Gail D. Jaspen, chief deputy director of the Department of Forensic Science, said technicians from her department spent 360 hours out of the office going to and testifying at court appearances in the first month after the June 25 decision compared with 230 hours in the previous 11 months.

“Things could grind to a halt,“ said Michael R. Doucette, commonwealth’s attorney from Lynchburg, although he acknowledged the decision has not yet created problems in Lynchburg’s courts.

State Sen. A. Donald McEachin, D-Henrico, and state Sen. Ken Cuccinelli, R-Fairfax, have proposed bills to require defendants to set a timeline for a defendant to assert his rights to confront his accuser. If those rights are not asserted, the defendant would have been assumed to have waived the right.

Cuccinelli, the Republican candidate for attorney general, wanted the committee to take action yesterday, but the committee chairman, Sen. Henry L. Marsh III, D-Richmond, said the committee did not have time to do so.

A task force of several state agencies, including the attorney general’s office, the Virginia State Police and commonwealth’s attorneys, is drafting similar legislation. Kaine’s office also is preparing a bill.

The special session also will consider a bill to provide compensation to Arthur Lee Whitfield, a Virginia Beach man who was wrongly imprisoned for 22 years.

Contact Tyler Whitley at (804) 649-6780 or .