Olathe ? A Johnson County judge scolded District Attorney Phill Kline on Tuesday for not cooperating with defense attorneys in the Kelsey Smith case, but declined to impose sanctions requested by the defense.

Defense attorneys told District Judge Peter Ruddick that they still hadn’t received a Target store video and follow-up reports on 1,100 leads. Ruddick responded that he had never handled a murder case that required so many hearings to get evidence to the defense.

“How long have they been asking for the video?” Ruddick asked Kline.

“Very early on,” Kline responded.

“How many court hearings have we had?” Ruddick asked. “Come on, Mr. Kline. Come on.”

Edwin R. Hall, 27, of Olathe is charged with capital murder in the kidnapping, rape and slaying of the 18-year-old Smith, who disappeared on June 2, 2007, from a Target parking lot in Overland Park. Her body was found four days later near a lake across the state line in Missouri.

Defense attorneys Paul Cramm and Carl Cornwell alleged in February that Kline was withholding evidence that might help their case.

Among the evidence they said was missing were FBI reports about another potential suspect identified by Grandview, Mo., police, videotape of the Target parking lot where Smith was abducted, and surveillance video from three stores at Oak Park mall that defense attorneys contend might provide their client with an alibi.

The two attorneys asked Ruddick to impose sanctions, delay the trial or even dismiss the case.

Ruddick has been holding hearings and hearing testimony since the allegations arose.

Hall’s trial is set for Sept. 16, and the state is seeking the death penalty.

While Ruddick said he believes Kline and his office are trying to do better, he called the process “excruciating” and “very frustrating.”