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Judge orders lab analyst subpoena after crime-lab says it will not process gunshot-residue sample
Summary
Prosecutor told the court the Bexar County crime lab would not complete gunshot-residue analysis for a shooting victim under its policy; defense objected and the judge ordered the lab analyst subpoenaed for a hearing and set a discovery/pretrial date to resolve the issue.
In Romero Espinosa's case, prosecutors reported a gunshot-residue sample taken from the complainant was sent to the Bexar County crime lab, which informed the prosecutor it would not complete the analysis because the person had sustained a gunshot wound. Defense counsel objected, saying the detective had already processed the sample and the jury would be left without results if the lab did not perform the analysis.
The judge directed counsel to subpoena the person assigned to the testing and set a pretrial discovery hearing. "So this is what needs to happen. The person who is assigned to do the testing, they need to be subpoenaed to come to court, and we'll have a hearing," the judge said, then scheduled a discovery hearing and instructed the parties to preserve evidence. The matter was recalled for a discovery hearing in September/October to allow notification and subpoenas to be made.
Defense emphasized potential prejudice to the jury if lab processing is not completed; the court responded by setting a hearing to compel testimony and ordered parties not to destroy or dispose of evidence while the issue is pending.
