Got Feeling

Got Feeling

Douglas said he has “a gut feeling" that the evidence he plans to gather during the continuance will "have an effect on the judge and the jury." He needs to study the material, he said, "to get my mind refreshed."

All the documents Douglas is requesting are not under the control of the commonwealth’s attorney’s office. Baumgardner noted. "We’ve given the defendant everything we have. There’s nothing else I can give him,” he said, adding that Douglas even has a copy of Peter Marx's deposition.

‘‘Do you allege there’s something in the records in U. S. District Court that would prove John D. Marx is Peter Marx?” Robertson asked.

Douglas answered yes. adding that the records will also show evidence of perjury and criminal activity on Marx’s part. He maintained that he needs the records so he can show Marx is perjuring himself in the current case as well. “Then I’ll be the only one in this courtroom with any reputation left; the jury will have to believe me.”

He added that his attempts to prepare his own defense against malicious wounding charges will be thwarted if Baumgardner recommits him for further mental examinations.” I need to be free to get out and get my case together.”

Judge Robertson noted that there are several modes of defense to the charges lodged against Douglas: first, that the shooting did not take place; second, that he acted in self-defense, and third, that he was provoked.

Justified By Provocation

Robertson said he believed that Douglas will seek to prove there was adequate provocation to justify the actions he took. He noted that Douglas is entitled to put on testimony directed at that point, referring to the defendant’s contention that John Marx tried to kill him and threatened his life the week before the shooting and that John Marx is really Peter Marx.

Any evidence presented on •provocation must be limited >n time and space and reasonably contemporaneous

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