Commonwealth v. Taskey
78 Mass. App. Ct. 787
Mass. App. Ct.2011Background
- Defendant Taskey was convicted by a Superior Court jury of conspiracy to tamper with a DNA record under G. L. c. 274, § 7.
- The grand jury indicted Taskey and Kenneth Langlais based on DNA collection procedures at Hampden County Jail.
- February 25, 2005, Taskey provided a DNA sample and thumbprint; April 12, 2005, Langlais purportedly provided a sample.
- Lab analysis showed the February 25 and April 12 samples had identical DNA profiles, suggesting the same source.
- A substitute analyst (Walsh) testified to the testing results and to the linkage of samples, while the original analyst (McKillop) did not testify.
- Defense timely raised confrontation and evidentiary objections, which the trial court overruled or denied, and the jury received testimony and charts summarizing the DNA results.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation rights with substitute DNA analyst | Walsh could testify to McKillop's results after reviewing data | Admission violated Crawford/Melendez-Diaz Confrontation Clause | No harmless error; testimony was permissible |
| Sufficiency to support indictment for conspiracy | Probable cause shown by circumstantial evidence | Insufficient evidence to establish conspiracy | Probable cause shown; indictment proper |
| Sufficiency to support conviction for conspiracy | Evidence supported agreement to impersonate and tamper with DNA | Insufficient proof of unlawful agreement | Evidence sufficient beyond a reasonable doubt |
| Accident instruction request | Evidence did not warrant accident instruction | Judge correctly denied accident instruction |
Key Cases Cited
- Commonwealth v. Barbosa, 457 Mass. 773 (2010) (DNA analysis reliability justifies admission of opinion from substitute analyst)
- Commonwealth v. Banville, 457 Mass. 530 (2010) (Substitute analyst opinions without disclosing absent analyst's work; harmless error)
- Commonwealth v. Durand, 457 Mass. 574 (2010) (Substitute medical examiner opinions admissible; confrontation limits apply)
- Commonwealth v. Vasquez, 456 Mass. 350 (2010) (Harmless error standard and probative value of admissible evidence)