Judge blasts Wisconsin crime lab over evidence issues in first-degree murder case
A Wisconsin judge on Monday delayed a first-degree murder trial over evidence issues and blasted the state crime lab for what he called a “totally inexcusable” delay in providing material to lawyers for both sides.
Calling the delay “an egregious violation of due process,” Columbia County Circuit Court Judge Alan White postponed the scheduled Feb. 2 trial of Leah Jean Waldhart until April.
He did not rule on a request to exclude evidence at trial because of a claimed violation by the state of rules requiring evidence to be provided to the defense. However, the judge said he would be inclined to reduce the $500,000 cash bond on which Waldhart has been held or even allow a signature bond if the crime lab issues remain unresolved, the Portage Daily Register reports.
At issue are a claimed failure by the crime lab to provide all crime scene photos to both sides, as well what Columbia County District Attorney Jane Kohlwey described as incomplete DNA testing, The DA also said some fingerprints are being reviewed by the crime lab to evaluate one investigator’s performance, the newspaper reports. Kohlwey said her office only recently became aware of the issues.
Waldhart is accused of intentionally killing her then-boyfriend, Curtis Wylesky, 42, with an overdose of cocaine in 2001.
An earlier Daily Register case provides more details about the case.
