County of Santa Clara
Law Offices of the Public Defender
120 West Mission Street
San Jose, CA 95110
(408) 299-7700 / Fax (408) 998-8265
MOLLY O'NEAL
Public Defender
February 20, 2013
DDA _______________
Deputy District Attorney
RE:
_______________________
Dear Mr. DDA:
Please consider this as our informal request for discovery in the above-referenced case.
Specifically, we are requesting the following items pursuant to Penal Code §1054.1, Brady v.
Maryland (1963) 373 U.S. 83, Kyles v. Whitley (1994) 514 U.S. 419, Thompson v. Superior
Court (1997) 53 Cal.App.4th 480, People v. Little (1997) 59 Cal.App.4th 426, People v. Wheeler
(1992) 4 Cal.4th 284, and In re Brown (1998) 17 Cal.4th 873:
All materials should be forwarded to me in the original form provided by the laboratory. The
exception would be high quality scanning of paper documents to PDF format. Attorneys should
make and keep copies of any and all paper and electronic documents for their files.
In general, all reports, notes, and data should be complete and any copies should be of high
quality. Any stamps should not obscure original writing or other documentation.
All pages should be sequentially numbered in [page # / total pages] format. This is to ensure that
all pages are present and have been transmitted in their intended order.
– Check to make sure that no pages are missing
– Check to make sure that all writing on each page is visible and legible, including any page
numbers added by either the laboratory or other agencies. Copying at 95% can help ensure that
writing in the page margins is visible.
1.
Case File: Any and all data and documents related to the testing performed in the
case from the point of initial scene examination and evidence collection through
the generation of the final report. This includes but is not limited to:
a.
b.
c.
All DNA laboratory REPORTS,
All DNA laboratory NOTES, from evidence intake to disposition,
All forensic biology laboratory REPORTS, including presumptive testing
and serology,
Assistant Public Defenders: Nona Klippen, Jose G. Guzman, and J.J Kapp
2/10/2016
Page 2
d.
e.
f.
g.
h.
i.
j.
k.
l.
2.
Data Files (electronic data): electronic sample files for all raw data generated
from the genetic analyzer in the course of the DNA typing. This includes but is
not limited to:
a.
b.
3.
All forensic biology laboratory NOTES, from evidence intake to
disposition,
List of any abbreviations and/or acronyms used in laboratory notes,
Chain of custody, photographs, and documentation of evidence,
Property reports,
Laboratory datasheets and bench notes, communication log, and any other
means of documenting findings and/or results,
Pictures, photographs, diagrams, or any other means of documenting the
examination of evidence or collection of samples from evidence (Please
provide digital files or color scans or prints of film images),
Photographic quality copies of slot blots, yield gels, product gels,
PM/DQA1 typing strips, D1S80 gels, or any other systems utilized in
testing (when applicable);
Paper color copies of all original, unedited, and edited electropherograms
and data tables generated during the course of the DNA typing, and
All original and edited digital image files including graphic images, and
all other files generated during testing.
All collection files including injection lists, sample sheets, and log files,
and
All electronic analyses files including ladders, matrix files, size standards,
and project files.
STR data (including Y-STR data), if relevant
a.
CD or other electronic media containing the following electronic files:
i.
Sample files (“raw data”) for ALL runs relevant to the case. For
current work, these files have a suffix of .fsa. For older cases, the
files will have no suffix.
ii.
GeneMapper® projects for ALL runs relevant to the case.
For current work, these files have a suffix of .ser.
For older cases, please provide GeneScan® and GenoTyper®
projects.
iii.
All matrices (if relevant) used in the case, included in the folder
with the relevant run(s)
The CD or other electronic media should be clearly labeled with case information and initialed
by the analyst.
Please provide the original CD or electronic media generated by the laboratory. Copies made by
anyintermediary party are not acceptable as the data may fail to copy or become corrupted.
b.
Print-out of GenoTyper® or GeneMapper® data.
Assistant Public Defenders: Nona Klippen, Jose G. Guzman, and J.J Kapp
2/10/2016
Page 3
c.
Original color print-outs preferred; B&W copies are acceptable if they are
good quality and legible.
Any handwritten notes on the electropherograms should be legible
Documentation of the injection volume(s) and injection time(s) for each
sample, including reinjections.
4.
DNA quantitation data.
– printouts of electronic quantitation data
5.
Legacy systems, if relevant.
a.
b.
c.
d.
Slot blots
– duplicate photos or high quality scans of slot blots
AmpliType PM+DQA1 data
– duplicate photos or high quality scans of dot blots
D1S80 data
– duplicate lumigraphs of data
RFLP data
– duplicate autoradiographs of data
Typically photocopies of legacy data are not sufficient for independent review. There are many
ways to generate high quality duplicates of photos and X-ray film, including digital scans, digital
photographs, and color copies. If you have questions about the most expedient way to
accomplish this, please do not hesitate to contact me.
6.
Population Database(s): Copies of any allelic frequency tables or database(s)
utilized in the calculation of frequencies for the genetic sequences reported in the
case. If the laboratory relied upon a published or publicly available database(s),
please provide a specific reference to such source.
7.
Laboratory Protocols: All date-appropriate forensic biology and DNA protocols,
including interpretation guidelines and database references, that were in effect at
the time the testing in this case was performed and followed by all analysts
involved with the DNA testing in this case, with notations as to any variation(s)
from the protocol(s) in the testing performed. (Electronic version preferred.)
8.
Unexpected Results and Corrective Action: Documentation of any and all
incidences of contamination in the entire laboratory detected in DNA testing
performed within the laboratory for a period 90 days prior to analysis of evidence
in the case through 90 days after completion of analysis of the evidence, and
corrective measures implemented to prevent the same. This would include
contamination events, sample switches, and any other detected errors. Such logs
might be variously termed “unexpected results,” “corrective action,”
“contamination,” “extraneous DNA,” “unintended transfer,” or other similar
terms. In addition, provide corrective action logs (or any such logs that include
Assistant Public Defenders: Nona Klippen, Jose G. Guzman, and J.J Kapp
2/10/2016
Page 4
unexplained results or anomalies) for the same period of time. Any and all
corrective action logs for each analyst who worked on the case. If a central log is
not maintained please provide a statement to that effect.
9.
Analyst(s):
a.
b.
c.
d.
A Resume or Curriculum Vita for any and all analysts involved in the
analysis of this case,
The complete proficiency test history of any and all analysts involved in
the analysis of this case.
The autosomal and Y-chromosome profiles, and/or mitochondrial
sequences tested in the case at hand of all individuals who collected,
handled, or analyzed evidence or prepared reagents used in the analysis of
said evidence in the case. For privacy purposes, these DNA
profiles/sequences may be provided in a blind fashion without any
personal identifiers.
Any Brady evidence regarding past errors or performance issues, any
disciplinary/corrective action taken for any and all analysts involved in the
analysis of the case.
10.
“Hit-file”: A complete copy of the Department of Justice (DOJ) or other agency
CODIS hit documentation, including but not limited to the Match Detail
Report(s), communications pertaining to the sample(s) including letters, e-mails,
memos, and records of telephone conversations.
11.
Offender Lab File: All records pertaining to any sample taken from the defendant
for inclusion in a genetic database, from the initial collection of said sample to its
current disposition. These materials should include, but are not limited to: records
of sample collection, chain of custody records, bench notes and datasheets of
DNA testing, electronic data, computer entry forms, computer searches, written
notes, and any corrective action notes.
12.
Additional “Matches”: A list of any and all profiles included as a full or partial
“match” to the profile submitted to the CODIS (or other agency) database.
13.
Database: A list of all databases the evidence profile(s) was/were compared
against. This includes any locally maintained database, any state database, and/or
any federal database, (LDIS, CODIS, and NDIS), or other.
14.
Copy of all communications and communication logs between all analysts and
any other parties, including attorneys, investigators, and other analysts.
15.
Accreditation: Please provide copies of the following for any laboratory that
performed DNA testing in the instant case:
a.
All licenses or other certificates of accreditation held by the laboratory.
Assistant Public Defenders: Nona Klippen, Jose G. Guzman, and J.J Kapp
2/10/2016
Page 5
b.
Quality Assurance Audit Documents bracketing the testing in the instant
case, including the last external audit before the start of testing, the first
external audit after the completion of testing and all audits, both external
and internal for the time period between.
This information should include all communications between the
laboratory and the auditing agency.
16.
Documentation of any and all incidences known to the prosecution or its agents of
cases of incidental transfer outside the lab resulting in an incorrect DNA match or
“hit.”
17.
Relating to the known risk of incidental transfer, the defense requests:
a.
List of names of all suspects/defendants that officers involved in the case
had contact with in the 24 hours preceding the date and time of incident in
this case.
b.
List of names of all emergency responders involved in the case.
b.
Crime scene entry/exit log.
Please note that this is a continuing request and includes any of the foregoing items or
information which comes into the possession of the Santa Clara County District Attorney or any
of its agents at any time through and including the final disposition of the above referenced case.
Thank you in advance for your prompt attention.
Sincerely,
Kelley Paul Kulick
Deputy Public Defender
Assistant Public Defenders: Nona Klippen, Jose G. Guzman, and J.J Kapp