PENDLETON - The prosecution and defense argued the other party hadn't provided evidence properly during a hearing on the Kathleen Blankenship murder case Monday.

The judge, however, found only the prosecution committed a discovery violation by failing to give the defense a report in a timely fashion.

Defense attorney Kathleen Bergland received the document after two people discussed in it had finished testifying during a hearing.

The prosecution had the report nearly a week, Bergland said.

"There is absolutely no excuse for this," she said.

The prosecution was incredulous that it received a violation, since it has received "not a scrap of discovery" with only 10 judicial days left until trial, said Umatilla County Deputy District Attorney Dean Gushwa.

Gushwa also couldn't believe Bergland's investigators and experts in the case hadn't made a report or took a single note - which the prosecution would be provided per evidence rules.

Bergland responded that no reports had been made. Her investigators were relying primarily on police reports, and expert witnesses would use their own knowledge to talk in general terms, she said.

Blankenship is accused of killing her husband, Walter Blankenship, in their Hermiston area home in April 2001.

A state report regarding two people associated with Village Stove & Spa, the couple's business, was given to the prosecution Jan. 16, a few days before a hearing Jan. 22.

Bergland didn't receive the report until the two had left the stand.

The prosecution said information in the report wasn't very different from a previous report.

Umatilla County District Attorney Chris Brauer said the defense's tactics are intended to delay trial, which is set to begin March 3.

Bergland added that the state Department of Justice financial analyst who prepared the report possibly impeached herself on the stand, saying that no such report existed.

The violation could reopen a hearing on prior bad acts by Blankenship, Bergland said, which could bring the two Village Stove & Spa associates back to testify again, as well as the state financial analyst.

The prior bad acts by Blankenship include allegations of fraud and forgery, which Judge Garry Reynolds thought had greater evidentiary value than prejudicial impact.

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