| (1) |
Evidence items will be provided for
independent examination according to the following criteria:
| (a) |
All examination/analysis of evidence of a
physiological nature requiring in excess of one eight-hour workday and all
blood alcohol determinations shall be conducted at an outside independent
testing facility to be mutually agreed upon by the Division of Forensic
Sciences and the requesting parties. This testing facility shall have an
acknowledged capability and the expertise to perform the required
examination/analysis. |
| (b) |
A portion
of the remaining physiological sample equal to that originally tested by the
Division of Forensic Sciences will be given to the independent examiner/testing
facility upon court order/written request. If the remaining physiological
sample is less than the portion originally tested, a mutually agreed upon
amount will be provided directly to the independent testing facility. |
| (c) |
Independent examination of all
other evidence types shall be conducted in the presence of and under the
supervision of the Division of Forensic Sciences personnel (Supervising
Officials and scientist/analyst who performed the analysis). No evidence nor
any part thereof will be removed from the Division of Forensic Sciences by the
independent examiner, the defendant, or the attorney for the defendant.
| 1. |
All examinations, tests and experiments
will be conducted in the presence of and under the supervision of Division of
Forensic Sciences personnel. This shall occur in the facility where the
evidence is located unless there is mutual agreement between the Division of
Forensic Sciences supervising official and the attorney for the defendant that
testing of the evidence at another laboratory is in the best interests of all
parties. In any case, the Division of Forensic Sciences shall maintain
possession of all evidence throughout the entire course of examinations, tests,
or experiments conducted on behalf of the defendant. The independent examiner
shall have the capability and expertise to perform the examination/analysis
without the aid or expertise of Division of Forensic Sciences
personnel. |
| 2. |
Any and all
examinations, tests, and experiments shall be fully described to the
Supervising Official prior to conducting such examinations, tests, and
experiments. If a Supervising Official deems any proposed examination, test, or
experiment to be destructive of the State's evidence, or to be destructive to
the Division of Forensic Sciences' instrumentation or facilities, or to be
hazardous to the health and safety of personnel, the Supervising Official will
be or halt such examination, test, or experiment. |
| 3. |
The independent examiner will be refused
entry into the Division of Forensic Sciences Laboratory if he possesses,
without the proper permits and authorizations, substances controlled by Federal
and/or State laws. |
| 4. |
No
individual(s) other than the independent examiner(s) will be allowed in the
Division of Forensic Sciences laboratory area during the examination/analysis
period. |
| 5. |
All instrumentation will
be available for use if the independent examiner can show that he has a
competent working knowledge of the instrument. Any equipment which will be used
in re-analysis shall be identified to the Division of Forensic Sciences
Supervising Official at least 72 hours in advance of arrival. Additionally,
office supplies and non-controlled chemicals will be supplied by the Division
of Forensic Sciences personnel unless the Supervising Official determines that
the independent examiner can provide equipment or supplies which are
substantially the same as those of the Division of Forensic Sciences. The
Division of Forensic Sciences reserves the right to verify the composition of
reagents (a substance or mixture of substances used for its chemical and/or
biological properties) by the independent examiner in order to prevent damage
to Division of Forensic Sciences instrumentation. The independent examiner
shall supply any reagents or test kits utilized for Toxicology or DNA
examinations. |
| 6. |
The independent
examiner shall sign an agreement to indemnify the GBI for any and all damages
which may occur as a result of use of GBI equipment and hold harmless GBI from
any and all liability arising from the use of such equipment. |
| 7. |
Any special or unique equipment provided
by the defendant's examiner will be acceptable if the experiment, examination,
or testing protocol is acceptable under rule 92-3-2-.03(c)3. of these
regulations. |
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