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The question of whether or not testimony is material is a difficult one. Robertson explained, noting that he knew nothing more on the case that the information contained in the indictment against Douglas. Witnesses whose testimony is relevant would include those who have an understanding of the legal defenses against a charge of malicious wounding and who also have information relating to those defenses that is “reasonable contemporaneous” to the shooting itself, the judge said.
Douglas insisted that he wanted the case tried “under the laws of conspiracy.” He charged that Marks is “above the law” and “working in a conspiracy with the so-called proper authorities.” Douglas maintained that Marks had tried earlier to kill him and that on the day of the shooting he had placed Marks “under a legal citizen's arrest because of his prior behavior.” As an arresting officer. Douglas argued, he was justified in using force to retain Marks in custody.
In response. Judge Robertson directed Douglas to submit a list of the witnesses he plans to subpoena, including a brief description of the testimony he expects from ea^h. Then he will rule on the relevance of the witnesses, the judge added.
Baumgardner suggested that Douglas have the list ready within a week's time since subpoenas must be served on all the approved witnesses.
"I’m going ahead with this trial on the date that’s set.” Robertson replied, noting that the defendant has had
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