19 N.Y.3d 888 (2012)
The late disclosure of critical DNA evidence by the prosecution, after the defendant has already presented a defense predicated on the absence of such evidence, can violate the defendant’s right to a fair trial, requiring a new trial on affected charges.
Summary
Kelley was convicted of multiple charges, including course of sexual conduct against a child and endangering the welfare of a child. The prosecution initially disclosed DNA evidence from the victim’s underwear that excluded Kelley as a contributor. However, towards the end of the trial, the prosecution revealed new DNA evidence from a towel, purportedly used by Kelley during the alleged acts, which matched Kelley’s DNA. The defense had built its strategy on the lack of DNA evidence. The New York Court of Appeals held that the late disclosure of the towel DNA evidence prejudiced Kelley, undermining his right to a fair trial on the sex offense charges and the endangering the welfare of a child charges, but affirmed the contempt charges because Kelley admitted guilt.
Facts
Kelley was charged with sexually abusing his daughter. The victim’s mother provided the police with the daughter’s underwear and a towel the daughter claimed Kelley ejaculated on after the alleged abuse. Initial DNA testing on the underwear excluded Kelley. The defense strategy focused on the absence of DNA evidence. Late in the trial, the prosecution revealed that the towel contained Kelley’s semen and female DNA (but not the daughter’s). The daughter claimed that Kelley regularly ejaculated on a towel after intercourse.
Procedural History
Kelley was convicted in the trial court of first-degree course of sexual conduct against a child, endangering the welfare of a child, and criminal contempt. The Appellate Division affirmed the conviction. The New York Court of Appeals granted leave to appeal.
Issue(s)
Whether the trial court erred in admitting DNA evidence late in the trial that contradicted the prosecution’s earlier disclosures and undermined the defendant’s established defense strategy, thereby violating the defendant’s right to a fair trial.
Holding
Yes, because the late disclosure of DNA evidence relating to the semen on the towel violated defendant’s right to a fair trial by precluding him from presenting a new defense theory. However, the error was harmless as to the criminal contempt charges because defendant admitted his guilt regarding those crimes.
Court’s Reasoning
The Court reasoned that the timing of the DNA evidence disclosure was critical. By the time the prosecution revealed the towel evidence, Kelley had already presented his defense, which heavily relied on the absence of DNA linking him to the crime. Introducing the DNA evidence at that late stage effectively prevented Kelley from adjusting his defense strategy and undermined the core of his case. The Court emphasized that “the trial was too far along for defense counsel to present a new defense theory.” The daughter’s testimony about Kelley’s habit of ejaculating on a towel further corroborated her accusations and prejudiced Kelley. The Court cited People v. Goins, 73 NY2d 989, 991 (1989). The Court found that the trial court should have precluded the evidence or declared a mistrial. The error was harmless for the contempt charges because Kelley admitted guilt. The Court focused on the prejudice to the defendant, stating “defendant’s contention that there was no DNA evidence to corroborate the charges had been placed before the jury, defendant had already testified and the trial was too far along for defense counsel to present a new defense theory.”