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(Continued from Page 1) regarding the testimony introduced, he added.
The judge questioned the relevancy of any testimony from Baumgardner since the commonwealth’s attorney was not a witness to the events which took place on the date of the shooting. He further noted that if Baumgardner were called as a witness, he could not proceed as prosecutor. ‘‘This case ought to be tried or it ought to be dismissed. It should not be continued again...Mr. Douglas is entitled to his day in court. If I grant the subpoena (for Baumgardner resulting in his subsequent disqualification). I could not ensure an early hearing.” Robertson said.
The judge said he intended to narrow testimony to the events of the day in question but would allow Douglas some latitude to explain his actions. He noted that both Douglas and Marks would be in court and questioned whether testimony from any other individuals would be relevant.
On that point, Warren ton lawyer Dudley Payne. Douglas’ court-appointed attorney, noted that his client has a list of persons he wants subpoenaed, including former President Jimmy Carter, former White House staffer Peter Bourne, members of the state police, officials from Southwestern State Hospital, former Rappahannock supervisor chairman E. P. Luke and others. ‘‘I’ll be frank with the court. I see no relevance to their testimony as far as the law is concerned,” Payne said.
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