Court rejects bid by Berkeley balcony construction company seeking to stop evidence examination
A BID by the company that built the apartment complex involved in the Berkeley balcony collapse to stop evidence examination in the case has been rejected by a Californian court.
Six young Irish J1 students were killed when a balcony at the complex collapsed.
Segue Construction sought to prevent the any examination of the balcony or the one below it, which was also removed.
The company said that any interested party should be afforded the opportunity to view and document the evidence prior to testing, which could potentially damage the evidence.
District Attorney Nancy O’Malley argued that if the court granted the order it would amount to an interference in her duty to investigate and prosecute charges.
She said that evidence gathered by police as part of an ongoing investigation was by its nature confidential and granting the company permission to be present at all stages of the investigation would compromise its integrity.
The Alameda County Superior Court rejected the company’s bid.