Defense denied again on Stark evidence in PW murder

Attorneys for murder suspect want to examine physical evidence before CBI lab tests are performed on it.

By JEFF TUCKER
Special to The View

The Colorado Supreme Court rejected an appeal of a district court ruling in the first-degree murder case against Paul Stark.

The court denied a request from Public Defender Kim Karn for a temporary stay to delay the processing of physical evidence until she could make arguments on how and why the defense should examine that evidence before the Colorado Bureau of Investigation processes it.

Stark, 64, is accused of the rape and murder of 14-year-old Ashley Patterson.

Patterson's body was found March 29 in a field near her home in Pueblo West.

Karn made a motion last month before District Judge Victor Reyes to delay the processing so her experts could examine clothing and bedding and take microscopic photographs of the evidence before CBI processes it for DNA evidence.

Areas of clothing and other fabrics that test positive for blood and other bodily fluids are typically cut out and tested in CBI's lab.

Reyes had originally set a hearing for Thursday to allow Karn to argue for her procedure, but later issued a ruling denying the delay and canceling the hearing.

That hearing cancellation was one of the reasons Karn appealed to the Supreme Court, according to documents.

Reyes also instructed CBI to take photographs of the front and back of each piece of evidence.

There is a gag order in place, preventing police officers and court officials from talking about the case.

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