Pond_3

Following these remarks by the judge, Prosecutor Hugi sensed danger and stood up in an attempt to mitigate Deputy Pond's self-incriminating performance. "I think Deputy Pond is being quite candid" he stated. This caused some audible murmurings in the court, nevertheless he carried on when they finished . "I could ask him some more questions that might make it more apparent, if you have some concern" Hugi offered. "Well, said judge Foote, I would like to get to the bottom of this. Either you ask him or I'll ask him, because I think that we're..... Hugi (in the hope of bailing out) interrupted the judge saying, "If you would prefer asking him, that would be fine with me". Judge Foote responded to Hugi saying, "You probably know the answers. Why don't you go ahead, and if I'm not satisfied, I'll follow up". Do you have any further questions Mr Jagger?", I don't want to cut you off". "I think I've gone about as far as I can go right now, I have nothing more to pull out", the Defense attorney told the judge.

Prosecutor Hugi stood up and directing his words to Pond said, "I'm going to ask a lot of leading question", (such questions are not technically allowed in cross-examination so Hugi looked to Jagger for agreement or objection but was given the go-ahead by the Defense attorney). Hugi asked Pond many questions about the preparation of his 'reports'. Pond admitted there were 'a lot of calls', but said there were other things of a 'higher priority'. Under Hugi's questioning, Pond had no problem recalling details of reports of people saying things like, "the police didn't need to look any further or, "that "Diane Downs did it". Odd that the Deputy could remember in detail, reports that incriminated Diane Downs, but could not remember reports about the sighting of a man and such like?.

When the Prosecutor was finished questioning Deputy Pond. Judge Foote, obviously dissatisfied with Pond's performance on the witness standm, decided to 'follow up' as he said he might do earlier. In reply to questions by the judge about two of his reports. Pond answered, "I wouldn't know until I compared the reports", causing a very surprised judge to ask, "You don't recall what's in your reports"?. "No", said the Deputy. Jagger then made a motion to the judge to invoke two rules. One, that the reports fell under the 'Brady' rule that states any information that may be helpful to the Defense must be disclosed. The other was the 'Wood' rule, invoked when a witness testimony arguably is inconsistent with his pervious testimony. With the 'Wood' rule, Jagger could examine and impeach Deputy Pond with his records. Jagger then remarked to the judge how the Deputy's memory served him well under questioning from the Prosecutor but escaped him when being questioned by himself, the Defense!.

Hugi had nothing more to say when asked by the judge, he had used all strategy to get the Deputy out of the hole he had dug himself into.

Judge Foote then spoke. "We have some reluctance or lack of memory on the part of Deputy Pond as to whether there were any other reports of a similar nature, and frankly I can't figure out if Deputy Pond is being evasive, or if he's confused as to what the questions are. I think he's confused, but his manner of testifying frankly causes me some concern...based on Deputy Pond's demeanor on the stand, I'm not willing to trust his judgement to whether or any of that supports it or not. And so, I think this is a place where the court ought to step in and have a look".

Judge Foote ordered all thirty to fifty reports to be produced. After reviewing them in his chambers he ruled that the Defense could have access to only 'two' of them! This left hundreds of reports either repressed or simply thrown away. Likewise, Deputy Pond's questionable testimony, including the fact that he he admitted having thrown reports away and never followed up on reports, was never heard by the jury, or received any media coverage.

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