§ 19.2-187.1. Right to examine person performing analysis or involved in chain of custody.I these changes would make the "demand" part of the close to bulletproof and keep the gamesmanship to a minimum.
The accused in any hearing or trial in which a certificate of analysis
ismay be admitted into evidence pursuant to § 19.2-187 or § 19.2-187.01shall have the right to require the Commonwealth to call the person performing such analysis or examination or involved in the chain of custody as a witness therein , and examine him in the same manner as if he had been called as an adverse witness. If the accused does not notify the trial court and Commonwealth of the requirement prior to the trial date he waives his right to require the person's presence at trial.
Such witness shall be summoned by and appear at the cost of the Commonwealth. Unless waived by the Commonwealth, the Commonwealth shall have no less than 30 days from the date of notification by the accused to subpoena and bring the person to court.
01 July 2009
Changes the General Assembly Should Make Post Melendez-Diaz
Here are my suggested changes to Virginia's demand statute:
Author: Ken Lammers on 7/01/2009