AFFIDAVIT
1. My name is Norman
Adam Tebrugge. I have been a member of the Florida Bar since May 22, 1985. I
became board certified as a criminal trial attorney in 1999. I spent
twenty-three years employed as an assistant public defender for the Twelfth
Judicial Circuit. For eighteen of those years I was assigned to the capital
trials division. For the past five years I have been the owner/operator of
Tebrugge Legal in Bradenton, Florida. At Tebrugge Legal I specialize in the
defense of serious criminal cases, appeals, post-conviction, and consult with
other attorneys on matters concerning DNA and forensic science.
2. In 1991 I represented
a Defendant named John W. This case involved the first use of forensic
DNA testing in the 12th Judicial Circuit. My co-counsel and I
litigated the DNA issues extensively.
3. Since that time I
have been involved in the litigation of dozens of serious felony cases
involving DNA evidence. I have worked with DNA experts employed by the Florida
Department of Law Enforcement (FDLE), the Federal Bureau of Investigation
(FBI), Lab Corp of America, and other DNA testing facilities. I have also
undergone training on several occasions, including attendance at “DNA for the
Defense” sponsored by the National Center for Science, Technology and the Law
in cooperation with the National Institute for Justice.
4. I have been called
upon to train lawyers throughout the State of Florida about the proper
investigation of cases involving DNA. Most recently, on September 19, 2013, I
delivered a lecture at the annual capital training conference. The title of the
lecture was “Litigating Flawed Forensic Science Cases at Every Stage.” More
than 100 capital trial attorneys received continuing legal education credits at
this lecture.
5. In ever case
involving DNA evidence that I have ever been associated with, I have obtained
the complete laboratory file from the agency that performed the testing. This
lab file has been voluntarily turned over to me upon request in every instance.
6. The complete
laboratory file contains relevant information about the processing of the
critical evidence in a DNA case. The typical laboratory file contains
documentation of the exact evidence handled, chain of custody, a case tracking
form, evidence screening forms, serology, a “STR Summary Sheet” (if STR was the
method of testing used), extraction methods, quality control assurances, a
statistics report, and graphic
information showing the results that were interpreted by the analyst.
7. I am of the opinion
that the minimum standards of professional competence for an attorney handling
a case involving DNA evidence requires that the attorney acquire the complete
laboratory file. Without this file the attorney is unable to challenge the
evidence in a meaningful manner and this can lead to a complete breakdown of
the adversarial process.
8. Effective July 1,
2013, before allowing expert testimony, the courts of this state must consider
whether:
1.
the testimony is based upon sufficient facts
or data;
2.
the
testimony is the product of reliable principles and methods; and
3.
the
witness has applied the principles and methods reliably to the facts of the
case.
The only way for counsel for the Defendant
to consider and determine whether DNA evidence meets this criteria is for the
attorney to acquire the complete DNA laboratory file.
Under penalties of
perjury, I declare that I have prepared and reviewed this affidavit for
accuracy and that the facts stated in it are true.
N. Adam Tebrugge
Florida
Bar # 0473650
Board
Certified Criminal Trial Attorney
Tebrugge
Legal
520
12th St. W. #203
Bradenton,
Fl. 34205
(941)
544-6151
Adam@TebruggeLegal.com
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