People v. Williams

In People v. Williams, 385 Ill.App.3d 359, 366, 324 Ill.Dec. 246, 895 N.E.2d 961 (2008), the Court considered whether a DNA analyst's expert testimony, which referred to a report of the results of a laboratory's DNA testing and analysis, violated the defendant's constitutional right to confrontation where no representative of Cellmark, the testing laboratory that generated the report, was presented for cross-examination regarding the report. The court held determination of the issue depended, in part, on whether the report was testimonial in nature. Williams, 385 Ill. App. 3d at 368. The court recognized that although the rule against hearsay generally prohibits the introduction of an out-of-court statement offered to prove the truth of the matter asserted, "underlying facts and data may be disclosed by an expert, not for the truth of the matter asserted, but for the purpose of explaining the basis of his opinion." Williams, 385 Ill. App. 3d at 369, citing People v. Nieves, 193 Ill. 2d 513, 528, 739 N.E.2d 1277, 251 Ill. Dec. 155 (2000). Moreover, the court noted "'it is well established that an expert may testify about the findings and conclusions of a nontestifying expert that he used in forming his opinion. " Williams, 385 Ill. App. 3d at 369. The Court held that despite the DNA analyst's inability to speak to the precise conditions of the equipment and testing used to analyze the samples, she "provided a sufficient foundation upon which to partially base her assessment and conclusion." The analyst repeatedly said Cellmark, the testing facility, was an accredited laboratory required to follow specified guidelines in order to perform DNA analysis. The analyst also testified Cellmark's testing and analysis methods were generally accepted in the scientific community. The analyst was qualified, without objection, as an expert in forensic DNA analysis. Although she admitted she had not performed the actual tests on the evidence, the analyst "testified regarding the PCR procedure, which was used to extract the male DNA profile." Williams, 385 Ill. App. 3d at 365-66.