Despite traveling all across the country on behalf of the DNC, Gov. Tim Kaine was in Richmond long enough to actually do something worthwhile: listen to Sen. Ken Cuccinelli and heed his advice.
Cuccinelli, the Republican candidate for Virginia Attorney General, has been calling on the governor to convene a special session of the General Assembly to deal with the ramifications of the Melendez-Diaz Supreme Court decision ever since the decision was made.
The rationale for the special session is that the decision requires analysts to testify in cases where their analysis is being used as evidence. This becomes especially important in cases that involve drunk driving and drug abuse.
Today, Kaine finally relented and has asked legislators to return to Richmond Aug. 19.
“The problems caused by the Melendez case are growing daily. Prosecutors from all over the Commonwealth are faced with the prospect of having to dismiss – and in some cases lose – DUI, drug and other cases because analysts who tested the substance at issue (drugs, blood, etc.) are not available to testify in court, as specified under the 6th Amendment to the U.S. Constitution,” Cuccinelli said in a release today. “The longer we delay, the more drunk drivers and drug offenders get off spot free. I am confident that the overwhelming proportion of my colleagues will come to Richmond focused on fixing this real and rising danger in our criminal justice system.”
This is in stark contrast to Steve Shannon, who barely even registered a comment on an issue that is so crucial to public safety and justice.
“It would also be good for you to tell people in this state why in the 2007 session you chose not to support my bill, HB 3086, which would have fixed Virginia’s law so we wouldn’t face the situation with drunk driving cases arising out of the Melendez-Diaz decision,” wrote Shannon to Cuccinelli.
Trouble is, that bill died in a House subcommittee. How could Cuccinelli, in the Senate, support it?
It is clear in this instance who is really prepared to be Attorney General. Certainly a former AG can tell:
“A special session of our General Assembly to deal with the aftermath of Melendez-Diaz is justified. Trial courts are reaching inconsistent results, and the ensuing confusion has caused unnecessary strain on law enforcement officers and the Department of Forensic Science. Senator Cuccinelli wisely recognized the need to address this issue immediately. Ken has shown great leadership in calling for this special session and I applaud his efforts. This is yet another demonstration of why he will be a great Attorney General for the Commonwealth of Virginia.”
