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Judge questions prosecutors on indicting serious case without ballistics or DNA results
Summary
During a June 10 docket the judge criticized the practice of indicting a homicide case without ballistics or DNA results available, reset the matter 45 days, and invited motions from defense counsel if discovery remained incomplete.
Defense counsel told the court that ballistics and DNA testing from the crime lab were delayed; the judge responded with pointed questioning about the timing of the indictment in a serious case.
"If DNA is so important, why indict a case when you don't have DNA?" the judge asked, noting that ballistics and DNA results were outstanding and that the delays could leave a defendant detained without access to critical exculpatory or inculpatory evidence. The court expressed concern at indicting an alleged murder case without key laboratory reports and ordered a 45‑day reset for discovery to arrive.
The judge urged counsel to file appropriate pretrial motions if the state proceeds without lab results, and told the defense they could seek bond reduction or other remedies in the interim. The court set an August 20 date to revisit discovery status and judge whether additional motions were necessary.
Next steps: matter recalled for 45 days; defense may file motions and the court requested the state to produce outstanding lab results to counsel.
