State v. Proctor
| Decision Date | 03 December 2001 |
| Docket Number | No. 3415.,3415. |
| Citation | 556 S.E.2d 418,347 S.C. 587 |
| Parties | The STATE, Respondent, v. Duncan PROCTOR, Appellant. |
| Court | South Carolina Court of Appeals |
Chief Attorney Daniel T. Stacey, of South Carolina Office of Appellate Defense, of Columbia; and Christopher Wayne Adams, of Southern Center for Human Rights, of Atlanta, GA, for Appellant.
Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert E. Bogan and Assistant Attorney General Toyya Brawley Gray, all of Columbia; and Solicitor Walter M. Bailey, of Summerville, for Respondent.
Duncan Proctor was convicted of first degree burglary, first degree criminal sexual conduct (CSC), assault with intent to kill (AWIK), and possession of a firearm during the commission of a violent crime. The trial court sentenced Proctor to life imprisonment for first degree burglary; one consecutive thirty year term for first degree CSC; one concurrent term of five years for AWIK; and one concurrent term of one year for possession of a firearm. On appeal, Proctor argues the court erred in (1) denying Proctor's motion to have the proficiency testing records of the DNA expert disclosed and (2) finding Proctor was competent to stand trial. We affirm in part and remand.
On August 3, 1991, Victim was awakened early in the morning when an intruder sat on her and forced her arms over her head. The intruder placed a silver or light-colored gun to Victim's head, hit her head on the bed, and threatened to kill her if she did not remain quiet. The intruder pulled the trigger of the gun several times.
Holding her neck, the intruder forced Victim downstairs to the living room where he repeatedly raped her. Several outside lights shined into Victim's windows, and she could see her attacker's face and complexion. During the attacks, the intruder mentioned Victim's daughter by name and threatened to kill her daughter if Victim told anyone about the rape. Victim was unable to call for help after the intruder left because the cords on all three of her telephones had been cut.
Victim was taken to a hospital for evaluation and a rape kit was performed. Evidence collected at the hospital included Victim's gown, unknown pubic hairs, and semen. Material identified at the crime scene included semen on the carpet and the couch, fingerprints, and a shoe imprint outside the apartment. Victim met with a police sketch artist, who drew a composite of Victim's attacker based on her description.
On June 19, 1992, the City of North Charleston Police Department received information which led to the surveillance of Proctor. When police approached him that day, Proctor sped away in his car and led police on a high-speed chase. Proctor was involved in a serious automobile accident, suffering severe injuries to his head, both legs, and his right arm. A silver gun was retrieved from Proctor's car at the scene of the accident. Deoxyribonucleic acid (DNA) analysis identified Proctor as the source of semen collected during the rape kit examination. The pubic hair found on Victim was consistent with Proctor's pubic hair. Proctor's blood type was consistent with that of Victim's attacker. None of the fingerprints collected from the scene matched Proctor's fingerprints. The shoe imprint taken from outside Victim's apartment did not match shoes owned by Proctor.
Proctor was indicted in Dorchester County for first degree burglary, first degree CSC, AWIK, and possession of a firearm during the commission of a violent crime. Venue was transferred to Cherokee County.
In his DNA discovery request filed prior to trial, Proctor requested the State turn over all internal and external proficiency tests and all proficiency test results. Proctor submitted a memorandum in which he contended the proficiency test results were discoverable under Rule 5, SCRCrimP, and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Proctor maintained the proficiency test results would be used as evidence at trial, the results were material to the defense, and the raw data to support them was not confidential. Additionally, Proctor alleged that every laboratory makes errors in performing DNA analysis. He presented copies of reports concerning the proficiency test errors made at the Federal Bureau of Investigation's (FBI's) lab and the lab's efforts to hide the errors.
In a memorandum in opposition to Proctor's discovery request, the South Carolina Law Enforcement Division (SLED) averred the test results were not discoverable under either Rule 5 or Brady because Proctor could not show how the proficiency test results were favorable or material. SLED argued the test results were confidential, compiling the reports would be burdensome, and the proficiency test results were not relevant to the evidence tested in Proctor's case. SLED provided the affidavit of Ira Jeffcoat, the SLED agent who performed the DNA analysis in Proctor's case. In his affidavit, Agent Jeffcoat stated all SLED examiners had passed every proficiency test. He further declared that revealing the results of all proficiency tests would be extremely burdensome on SLED and would destroy the confidentiality of the testing process. The State asserted it had no plans to introduce the proficiency test results in its case in chief at trial.
After a hearing, the trial court denied discovery of the DNA proficiency test results. The trial court ruled the proficiency test results were not discoverable under Rule 5 because the State indicated it would not use the proficiency test results in its case in chief and the results did not relate to any evidence in Proctor's case. The court concluded the results were not material to the preparation of Proctor's defense. The trial court found Proctor would be provided enough information regarding the DNA evidence for his expert witnesses to assess whether Agent Jeff coat reached the correct conclusion. The court noted Agent Jeffcoat's affidavit provided Proctor with information regarding the proficiency tests.
In addition, the trial court determined Proctor was not entitled to the proficiency test results under Brady because Proctor failed to show an initial basis for his claim that the results were material and favorable to his defense and Proctor only offered unsupported speculations that problems existed with SLED's proficiency testing. The court held the proficiency test results were not relevant to the question of whether Agent Jeffcoat reached the correct conclusions in Proctor's case. Finally, the court found that compiling a proficiency testing report would be burdensome to SLED.
At trial, Victim positively identified Proctor as her attacker. She testified the gun found in Proctor's car was similar in size and color to the one used in her attack.
Agent Jeffcoat explained accreditation and proficiency testing. In 1994, the SLED forensic laboratory became accredited. The agency which determines SLED's accreditation status is the American Society of Crime Laboratory Directors (ASCLD). Agent Jeffcoat declared that accreditation means According to Agent Jeffcoat, for the SLED forensic laboratory to maintain its accreditation status, the ASCLD requires an outside agency to periodically inspect the SLED laboratory and conduct proficiency testing on every forensic examiner. In a proficiency test, an examiner is given known and unknown DNA samples in order to determine if they match. Each examiner is given two open tests a year, in which the examiner knows the samples are part of a proficiency test. In addition, SLED examiners are given one blind proficiency test per year, where the examiners are not informed the samples are part of a proficiency test and the samples are provided as if part of a normal case. The examiners receive a grade of either "pass" or "fail."
Adverse orders regarding discovery may be reviewed on appeal but they must be affirmed unless the trial court abused its discretion. See State v. Newell, 303 S.C. 471, 401 S.E.2d 420 (Ct.App.1991).
On appeal, this Court will affirm a trial court's determination of competency if it has evidentiary support and is not against the preponderance of the evidence. State v. Nance, 320 S.C. 501, 466 S.E.2d 349 (1996).
Proctor argues the trial court erred in denying his motion "to have the proficiency testing records of the DNA expert disclosed." He asserts the proficiency test results were discoverable under Rule 5, SCRCrimP, and pursuant to Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
The admissibility of DNA evidence in a criminal trial is a major event in regard to evidence against a defendant. The efficacy of DNA evidence is recognized by all afficionados in the criminal trial venue. The DNA expert conducting the analysis is a pivotal player in the laboratory activity. In order to be an accredited laboratory for DNA purposes, the proficiency rate of the DNA examiners is critical in analyzing the reliability of the testing procedure. Accreditation of the laboratory is only allowed if outside monitoring of the DNA examiners is done on the basis of blind and open...
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State v. Proctor, 25810.
...of Appeals' decision granting respondent the same relief with regard to his convictions in Dorchester County. State v. Proctor, 347 S.C. 587, 556 S.E.2d 418 (Ct.App.2001). In an opinion filed today, we reverse that decision as well. State v. Procter, 358 S.C. 417, 595 S.E.2d 476, 2003 WI. 2......
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State v. Proctor, 25809.
...to hold a hearing and determine whether information not disclosed by the State was material to the defense. State v. Proctor, 347 S.C. 587, 556 S.E.2d 418 (Ct.App.2001). Because we hold there is no reasonable possibility that, had the information sought been disclosed, the result of respond......