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raised in that case moot,” Roberston replied. He added that Douglas could get copies of his medical records that day from the court. “But you have to get your own U. S. District Court records. 1 can’t help you there.”
Before a new trial date is set, Baumgardner said he must check with the commonwealth's witnesses to see when they can return. He noted that one witness is in the Army and came up from Fort Dix for the trial. The individual has been told by his commanding officer that he can't get leave again until January, the commonwealth’s attorney added.
After checking with the witnesses who were sequestered downstairs during the continuance hearing, Baumgardner reported that the eyewitness to the shooting can’t come back until the first week in January.
‘‘Is Mr. Marx the eyewitness you're talking about? Is Mr. Marx here today?” asked Douglas, leaning over to Baumgardner and grinning widely.
“Address your remarks to the court,” Robertson warned.
“I state for the record that Mr. Marx is here today,” Baumgardner added.
Robertson set January 4, 1982, as the new trial date. “I ask you to make every effort to do that case in one day,” he told Douglas. “Trim your evidence down to the bare essentials” because the court has no free day for continuing the case, the judge added.
“I further reserve the right to file a motion for an examination of the defendant to determine his competency," Baumgardner interjected.
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