In new science such as DNA, defendant can have scientific evidence such as machine software source code. State v Pickett 466 N.J. Super. 270 (App. Div. 2021)
In this case of first impression addressing the proliferation of forensic evidentiary technology in criminal prosecutions, this appeal required the Appellate court to determine whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging, at a Frye hearing, the reliability of science underlying novel DNA analysis software and expert testimony. Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).
At the hearing, the State produced an expert who relied on his company's complex probabilistic genotyping software program to testify that defendant's DNA was present, thereby connecting defendant to a murder and other crimes. So long as the State utilized the expert, this court held that defendant is entitled to the discovery of the software's proprietary source code and related documentation under a protective order.
