Pubdate: Fri, 09 Feb 2001 Source: Salt Lake Tribune (UT) Copyright: 2001 The Salt Lake Tribune Contact: 143 S Main, Salt Lake City UT 84111 Fax: (801)257-8950 Website: http://www.sltrib.com/ Forum: http://www.sltrib.com/tribtalk/ Author: DAWN HOUSE APPEALS COURT OVERTURNS MAN'S DRUG CONVICTION The Utah Court of Appeals has overturned the drug conviction of a man who argued prosecutors did not give him enough information about state experts who testified against him during trial. Although prosecutors showed the experts' toxicology report to the defendant, they failed to provide adequate information on the experts who had prepared the document, according to the ruling released Thursday. Narcisco Castillo Tolano Jr. was arrested in April 1999 after Salt Lake City police officers said they watched Tolano hand a motorist a package of white powder and receive money in return. Tolano, 20, was charged with distributing drugs after the Utah State Crime Laboratory identified the contents of the package as cocaine. At Tolano's preliminary hearing, prosecutors allowed Tolano to see the toxicology report but did not provide him with a copy or any information on the two experts who had examined the white powder. When the criminologists identified the substance as cocaine during trial, defense attorneys asked that the testimony either be excluded or the proceedings postponed. Defense attorneys argued state law requires that defendants be provided with the names, addresses, resumes and reports of any proposed expert witnesses. But 3rd District Judge Anthony Quinn denied the motions, saying the intent of the law is to prevent surprise, and that purpose was served when prosecutors showed Tolano the toxicology report. Tolano, who served 45 days in the Oxbow Jail and was placed on probation, appealed his conviction, saying prosecutors should have provided the information he had requested. The appeals court agreed. The defendant's right to a fair trial "outweighed any inconvenience to the court, the opposing party, and the jury that may have been caused by a continuance,"' wrote Judge James Davis. Judges Judith Billings and Gregory Orme concurred. "Cocaine was a crucial element of the charge, without that evidence, it would have been difficult to convict," said Heather Johnson, an attorney with the Salt Lake Legal Defenders Association. "A defendant needs to scrutinize what prosecutors are doing to make sure no mistakes in testing or mix-ups have been made, and that the experts are qualified." But Assistant Utah Attorney General Karen Klucznik said her office is considering appealing the decision. "We believe prosecutors provided sufficient notice, under the statute,'' she said. "In this case, for instance, the names of the experts were identified at the preliminary hearing. We believe the requirements of the law had been met." - --- MAP posted-by: Terry F