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That "so-called deposition” is not admissable as evidence under earlier ruling by the court, Baumgardner countered. But despite the ruling, he noted. Douglas still managed to get a copy of the deposition supplied by Marks.
The commonwealth’s attorney charged that Douglas' effort to have him called as a witness _ was an attempt to stall proceedings since if the subpoena was upheld, he would have to disqualify himself as prosecutor.
“Since Mr. Baumgardner is an accomplice of Peter Marks in criminal activities, maybe he should be disqualified," Douglas said. His repeated examinations for mental competence were all called for by Baumgardner, added Douglas. “Clearly, he’s trying to keep this case from coming to court....Now he wants to hold a prosecution and call it a
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