DNA Evidence Admission

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7^th Circuit Court of Appeals

Case Name: United States of America v. Zebulon Marzette

Case No.: 23-1646

Officials: Scudder, Jackson-Akiwumi, and Pryor, Circuit Judges.

Focus: DNA Evidence Admission

Zebulon Marzette was convicted of possessing a firearm as a felon. The incident occurred on September 20, 2019, following a 911 report of individuals banging on a door and brandishing guns at a South Bend, Indiana apartment complex. Police responded to a chaotic scene and stopped a departing vehicle. Marzette, who had approached the area of the car stop, was detained, handcuffed, and placed in a police vehicle. A firearm was discovered in a purse on the back seat of the stopped car, and subsequent DNA analysis revealed Marzette’s DNA on the trigger. Consequently, Marzette faced charges for felony firearm possession.

Marzette objected to the admission of DNA evidence, arguing that testimony from each custodian in the chain of custody was necessary to establish the authenticity and reliability of both the firearm and the DNA evidence. Disagreeing with Marzette, the district court overruled his objection and admitted the DNA-related testimony and test results. The jury subsequently returned a guilty verdict, leading to Marzette being sentenced to 36 months’ imprisonment.

On appeal, Marzette contested the district court’s decision to admit the DNA evidence and the hearsay testimony regarding the 911 call. The appellate court determined that the district court did not abuse its discretion in admitting the DNA evidence, as the government had sufficiently demonstrated a complete chain of custody. Regarding the 911 call, the court acknowledged that admitting it may have been in error, but concluded that even without it, the government’s case could still have been effectively presented. Consequently, the appellate court upheld the district court’s rulings, affirming Marzette’s conviction.

Affirmed.

Decided 07/01/24

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