People v. De La Plane

In People v. De La Plane (1979) 88 Cal.App.3d 223, the trial court denied defendant's motion to have samples of hair that were analyzed by Los Angeles Police Department experts sent to an independent laboratory in Oakland but indicated that defendant would be permitted to find a local expert to make an examination and analysis. On appeal, defendant argued that the denial of his motion constituted a denial of his due process rights to a fair trial. The appellate court found no error since defendant had made no showing before the trial court that he was unable to locate an expert in the Los Angeles area. Clearly, the court did not prohibit confidential, independent testing of the evidence.