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. I am too busy to continue to a provide free courtesy service with an average of 40 cases a day and other live news. I am also not going to continue to allow Humboldt to take advantage of my kindness and for being meticulous.All posts can be accessed for free on the blog or Google. There are paid options for convenience.