Judge Considers Sanctions Against Kobe Prosecution

The Judge in the Kobe Bryant case today issued an order (pdf.) directing the prosecution to show cause why they haven't complied with his latest order regarding DNA testing--and to establish why sanctions shouldn't be imposed .

Because the DNA testing is so critical, Bryant defense attorneys Pamela Mackey and Hal Haddon have requested that their DNA expert, Dr. Elizabeth Johnson, be present at DNA testing done by the prosecution. Ruckriegle granted that request in early May and said that a defense expert should be allowed to view the prosecution testing. Prosecutors assured the defense that their expert could be present.

But earlier this week, Mackey and Haddon said they were notified by letter that the prosecution had chosen, in direct violation of Ruckriegle's order, a lab that won't permit their expert to witness the prosecution DNA testing. On Wednesday, they informed Ruckriegle of the violation and asked that he find out why the violation was occurring. And today, Ruckriegle gave prosecutors until Tuesday to tell him why they failed to select a laboratory which would permit the defense expert to be present. He also asked them to show why he shouldn't impose sanctions.

We note that Kobe's lawyers didn't ask for sanctions, the Judge acted on his own initiative in asking why they shouldn't be imposed.

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