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
