In State v. Crager, 164 Ohio App.3d 816, 2005 Ohio 6868, 844 N.E.2d 390, the Third District Court of Appeals in applying Crawford v. Washington (2004) held that the DNA test results in that case were testimonial. The Crager court noted that although the DNA lab report fell within the general parameters of the business records exception under Evid.R. 803(6), lab reports and DNA reports prepared by the Ohio Bureau of Criminal Identification and Investigation (a.k.a. BCI), are prepared wholly in anticipation of litigation. Because the reports were prepared solely in anticipation of prosecution, the Crager court found them to be testimonial. Since Crager was not given a prior opportunity to cross-examine the witness about the findings of the report, the court found the defendant's right to confrontation under the Sixth Amendment was violated. The Crager court noted that the fundamental inquiry is whether the statement is testimonial or non-testimonial and the determination must be made on a case-by-case basis.