Gunshot residue testing results delay testimony of criminalist in James Atkins jury trial

**These are just three of my recent posts on the James Atkins' jury trial. I covered the case since his arrest in 2023**

Yesterday, there were several witnesses in attempted murder James Atkins jury trial including EPD Commander Wayne Rabang, EPD Sgt. Brian Ross and EPD Officer Ben Altic.

Today, I saw jurors for Courtroom 3 waiting outside and went into the Courtroom and heard arguments from Senior Deputy District Attorney Roger Rees and Atkins' attorney Mr. Anthony Tall before Humboldt Superior Court Steven Steward made his ruling.

No one was in the audience. The only other people in the Courtroom were Judge Steward, the attorneys, Atkins, bailiff and court staff.

Atkins turned around and looked at me as I walked into the courtroom. As most inmates, he has gained weight and does not have as much hair on his head and face and looks nothing like the booking photo from years ago.

Mr. Rees told Judge Steward he received late discovery consisting of a report from Commander Rabang that Atkins tested positive for gunshot residue on his right hand. He emailed Mr. Tall yesterday and provided a physical copy of the report this morning.

Mr. Tall argued that while Mr. Rees acted in good faith; this evidence be excluded or the language sanitized. 

Judge Steward ruled there was no bad faith on part of the prosecution. The evidence will not be excluded. The trial is dark tomorrow and Friday so Mr. Tall has time to consult with an expert and prepare for testimony on the gunshot residue report. A late discovery instruction will be given to jurors.

Mr. Rees had argued that gun shot residue had been mentioned previously and it was not a surprise to defense. He said both attorneys did not follow up regarding results. 

For the legal readers, Judge Steward agreed with Mr. Rees about constructive possession by law enforcement and his Brady analysis. 

I have covered this case for three years. I don't add links to all previous coverage for every post. 

6/8/26: James Atkins testified. Judge Steward made ruling about what convictions will be allowed for impeachment.

6/9/26: Atkins either didnt pay attention to Judge Steward's ruling from the previous day and when Mr. Rees questioned him, he listed all his convictions. 

Just the day before, Mr.Tall said a defense witness would not be testifying. Today, the same witness was present.

6/11/26: Eureka Police Commander Wayne Rabang and EPD Forensic Analyst Carly Michaels are testifying this afternoon as rebuttal witnesses for the People. Judge Steward rules defense witness Brian Berquist's testimony will be excluded.

6/12/26: Closing arguments by Mr. Rees and  Mr. Tall. People's rebuttal on 6/15. 

6/15/26: Senior Deputy District Attorney Roger Rees finished his rebuttal in attempted murder suspect James Atkins jury trial this morning. Juror #5 was not present, court informed hospitalized and replaced with alternate juror #2. People waive jury on bifurcated issues; defense not prepared to waive jury at this time.

Jury started deliberations this morning around 10:30 a.m.. I saw jurors leave at 4:02 p.m.