STATE OF NEW JERSEY VS. WILLIAM REHMANN, JR. A-3291-09T3
In seeking to prove defendant's blood alcohol content in this DWI prosecution, the State called an expert to testify about the results of a laboratory test performed on defendant's blood sample by another technician. In considering defendant's argument that the failure to produce the other technician violated the rights guaranteed him by the Confrontation Clause of the Sixth Amendment, the court held that in such circumstances the State must call a witness who has made an independent determination as to the results offered. The court concluded that a surrogate witness knowing nothing but what is stated in another's report will not satisfy a defendant's confrontation rights but nevertheless affirmed and found that the State called an appropriate witness because the witness supervised the testing process and signed the laboratory certificate. 04-29-11
