FROM JUVENILE COURT ORLEANS PARISH NO. 2017-300-03-DQ-E,
SECTION "E" HONORABLE DESIREE COOK-CALVIN, JUDGE.
KATHERINE M. FRANKS LOUISIANA APPELLATE PROJECT P.O. BOX 220
MADISONVILLE, LA 70447 COUNSEL FOR APPELLANT/ M.K.
CANNIZZARO DISTRICT ATTORNEY DONNA ANDRIEU, CHIEF OF APPEAL
ASSISTANT DISTRICT ATTORNEY IRENA ZAJICKOVA ASSISTANT
DISTRICT ATTORNEY PARISH OF ORLEANS 619 S. WHITE STREET NEW
ORLEANS, LA 70119 COUNSEL FOR APPELLEE/ STATE OF LOUISIANA
composed of Chief Judge James F. McKay, III, Judge Daniel L.
Dysart, Judge Regina Bartholomew-Woods)
L. Dysart Judge.
who appeared with counsel, was adjudicated delinquent for a
violation of La. R.S. 14:62, simple burglary, at an
adjudication hearing on April 17, 2017. The trial court
imposed a one year sentence of incarceration, suspended, and
imposed a one year term of active probation with special
conditions. M.K. filed a motion to reconsider his sentence,
which was denied. He now appeals his adjudication, arguing
that the trial court erred in allowing exhibits from a Crime
Lab Report to be admitted into evidence, and using the
testimonial hearsay contained in that evidence as substantive
evidence of guilt. For the reasons that follow, we affirm the
ruling of the trial court.
December 21, 2016, Ms. Rebecca Schultz, was notified on her
telephone that an active alarm had sounded at the house she
was building at 8830 Cohn Street in New Orleans. The house
was located about nine blocks from Ms. Schultz's
residence. The alarm company also called her, and she asked
that it notify the police. Ms. Schultz proceeded to Cohn
Street, and called 911 on the way. She also called a neighbor
across from the Cohn Street house, and he met her at the
house. Ms. Schultz testified that she poked at the open rear
door with her foot, but did not enter. The neighbor did enter
and reported that no one was in the house.
entering, Ms. Schultz noticed broken glass on the living room
floor and that a window had been shattered. She noted that
deck railings on the back of the property were broken, and
that the window screen had been removed and was in the
backyard. There was what appeared to be blood on the wall
above the broken window, on the window frame and a bloody
handprint on the back door.
Schultz testified that the same window had been broken by a
thrown rock prior to this event. She chose not to notify the
police, intending to repair the window. On this date,
however, the glass was completely shattered. She stated that
large appliances had been installed, but the house was not
furnished. Ms. Schultz did not know M.K., and had not given
him permission to be in the house.
Orleans Police Officer Maurice Stewart testified that he was
dispatched to the Cohn Street address for a possible
burglary. He met with Ms. Schultz and entered the house,
observing broken glass from a window on the floor, blood
stains on the wall and around the broken window frame. The
exit point appeared to be the open back door. The officer
testified that he noted broken wooden railings on the back
deck and window screens on the ground in the backyard. On
cross-examination, Officer Stewart stated that there were
bloody fingerprints throughout the living room.
State called Officer Joseph Pollard, a latent print examiner
with the New Orleans Police Department, who was accepted as
an expert in fingerprint identification. He testified that
his job duties include lifting fingerprints and identifying
them, although he was not the officer who lifted the prints
in this case. Instead, Officer Pollard was called upon in
this case to link the prints to a suspect. After explaining
the process of identifying finger prints, Officer Pollard
determined that the prints belonged to M.K.
Stephen Williams was called by the State. He testified that
he investigated the burglary at the Cohn Street house. His
involvement in the case began upon receiving a fingerprint
result sheet from the fingerprint unit. Over the
defense's hearsay objection, the detective explained the
process of beginning his investigation through use of the
fingerprint report. He determined that M.K. was a suspect in
the burglary and obtained an arrest warrant, and placed it on
file with the National Crime Information Center.
closing argument by the defense, the trial court found M.K.
guilty as charged, relying on the evidence that his
fingerprints were ...