Prosecutors in the Gordon Weaver murder trial won't face sanctions for failing in the past to disclose evidence to Weaver's attorneys, Ramsey County District Judge Salvador Rosas said Monday. But the judge also said he didn't want "any more surprises in the case."

Weaver's second trial on charges that he killed his wife. Jean, in their White Bear Lake home in 1999 is scheduled to begin Jan. 20. He had been convicted of unintentional second-degree murder in 2005 after being a fugitive for four years. The Minnesota Court of Appeals ordered a new trial in July 2007 because the judge who presided over the first trial allowed blood-test results admitted into evidence after they were destroyed.

Later, it was learned that prosecutors in the first trial did not disclose evidence about what type of machine was used to measure the carbon monoxide level in Jean Weaver's blood and who had done the testing. They also failed to correct statements they had made that that information had been lost or destroyed.

The lead prosecutor in the case, Assistant County Attorney Fred Fink, resigned amid an internal investigation into what happened.

Weaver's attorney, Joe Friedberg, argued that prosecutors should face sanctions, which could include dismissing the charges, awarding attorneys fees for Weaver's appeal and new trial, exclusion of the test results showing the carbon-monoxide level or omitting a sentencing enhancement that prosecutors have requested.

Rosas said Monday that any prejudice caused to the defendant would be remedied by the new trial.

"I have faith, given the attorneys involved, that further violations will not occur," the judge said.

Gordon Weaver's parents were in court Monday as were members of Jean Weaver's family.

PAT PHEIFER