We had a rare win in a DUI case from the United States Supreme Court. Last week the Court decided that the Confrontation Clause of the Constitution really means what it says – that a witness against a criminal defendant must testify in open court and look the defendant in the eye. It’s about time.
Mr. Bullcoming was charged with DUI in New Mexico. The government sent a sample of his blood to the state lab. The lab tech tested it and said Mr. Bullcoming’s blood-alcohol level was over the limit. He filled out a form that said that and signed the form. Mr. Bullcoming asked for a trial at which he could face his accusers.
When the case came for trial the lab tech had been put on “unpaid leave.” No one knows if it was because of incompetence, poor job performance, some sort of conflict, or any number of other things that can result in being put on unpaid leave. Apparently the tech was still around. The state could have called the tech as a witness, but decided not to.