Kern Valley Sun

A judge Monday turned over a reprimand given to a District Attorney's office crime lab employee to a defense attorney in the vehicular manslaughter case concerning the death of sheriff’s deputy Joe Hudnall, according to a report in Tuesday's Bakersfield Californian..

According to Judge Gary T. Friedman, the criminalist involved went to a co-worker’s desk, handled a blood sample and then put it back. The criminalist, Jodi Kessler, said she was checking to see if there was enough blood for a test, even though it wasn’t her case.

Sheriff's Deputy Joe Hudnall

The problem was Kessler’s family are close friends of Hudnall who was killed November 2006 in a head-on crash in the Kern River Canyon.

The blood sample was taken from Daniel Patrick Willsey, an attorney who is accused of vehicular manslaughter and being under the influence of drugs in Hudnall’s death.

Willsey’s attorney, Fred Gagliardini, has argued that having a close family friend handle the evidence raises questions of conflict and presents a direct challenge to the credibility of the downtown crime lab.

Kessler was given the reprimand, but it was later removed from her personnel file by Assistant District Attorney Dan Sparks.

Sparks has said the the objectivity and accuracy of the crime lab are beyond reproach. The lab results “excludes and exonerate people all the time,” he said.

The judge characterized the reprimand as “an error in judgment” that Kessler said she would never do again. The judge noted the report said Kessler has performed well and continues to do so.

The judge ordered the defense to keep the report confidential and not give it to anyone else.

Gagliardini has asked for any writing or e-mails about this incident by Sparks, District Attorney Ed Jagels, Chief Criminalist Vernon Kyle, toxicology supervisor Dan DeFraga or Criminalist Greg Laskowski to be turned over.

Friedman said he will privately review any such writings on Friday and make a ruling then.