| Bill Cleaveland’s Statement on the Impact of the Melendez-Diaz Decision |
| Roanoke, VA — On June 25, 2009 the United States Supreme Court decided the case of Melendez-Diaz v. Massachusetts. A five to four majority ruled that the procedure permitting the admission of certificates from the Massachusetts forensic laboratories violated the Sixth Amendment confrontation clause. |
This decision had an immediate, devastating impact across the Commonwealth of Virginia. Since Virginia’s present law closely mirrors the Massachusetts procedures, thousands of cases pending in Virginia were and are impacted. Unless prompt action is taken to remedy this flaw in the Virginia statutory scheme, cases involving forensic lab evidence such as drug offenses, DUI charges, as well as others, could result in an otherwise guilty individual going free. Such a situation would be a major threat to the public welfare of all Virginians.
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| The safety of the citizens of the Commonwealth is at stake because of the resulting gridlock. Without a change in the present statute, prosecutors and law enforcement officers will be prohibited from properly prosecuting many of these cases. |
This is no time for indecision. The magnitude of this situation makes it apparent that immediate action is needed to assist the law enforcement community. Although Governor Kaine at first balked at calling a special session of the General Assembly which will begin tomorrow, I am here today to applaud, my ticketmate, Senator Ken Cuccinelli, for his leadership in calling for a special session and to support the efforts of our local law enforcement's to remedy this situation. I commend both the House and Senate for fashioning a bill which will make significant strides in resolving this constitutional problem.
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| I have read the draft of this bill and have spoken with our local legislators and the chief law enforcement officers, the Commonwealth Attorneys, in all three jurisdictions of the 17th District. I am convinced that this bill is necessary and I urge its passage tomorrow. |
I think that it is understood that this bill, in its present form, will provide the immediate but temporary relief from the concerns raised in the Melendez-Diaz decision.
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There will, however, be much work to be done in a regular session in January. My experience in this area of the law has placed me in a uniquely qualified position to understand the constitutional issues, to understand the subtleties of how this process, related to the criminal prosecution of these cases, is affected, and to act decisively to pass legislation to assure the safety of the citizens of the Valley. This is the climate the new delegate from the 17th District will face. To be qualified, the delegate needs to be someone who will be able to efficiently gather the necessary facts, apply his training and experience to these facts and to act decisively. There is never room for the politics of flip- flopping decisions in this environment, especially when the public safety of the citizens is in jeopardy.
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| My experience as a prosecutor, defense attorney, and substitute judge has prepared me for common sense leadership. You have my word on it. |
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