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

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.

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, just judge, 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.

A criminalist scheduled to testify this afternoon will now testify Monday. The trial is dark tomorrow and Friday which means not in session. Point, Mr. Rees.

The reason is reports about gun shot residue testing results which were not available until yesterday. Mr. Tall argued that while Mr. Rees acted in good faith that this evidence be excluded or a late discovery instruction be given.

In his ruling, Judge Steward denied both those options, instead agreed with Mr. Rees that the delay in witness testifying would allow Mr. Tall to prepare and consult with an expert.

Mr. Rees argued that gun shot residue had been mentioned previously and it was not a surprise to defense. Both attorneys did not follow up regarding results. Yesterday, the new reports came in during Commander Rabang and Officer Altic's testimony.

For the legal readers, Judge Steward agreed with Mr. Rees about constructive possession of law enforcement and his Brady analysis. Mr. Rees provided the report to Mr. Tall as soon as he received the new information.

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