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(Continue^ from Page,!) in regard to “certain evidentiary matters.” Rappahannock’s ' Commonwalth’s Attorney Douglas Baumgardner and Washington lawyer Davicf Konick, initially the counsel for Kidwell, were subpoenaed and appeared for that hearing.

On March 8, Judge Horne maintained he would be “derelict” in his responsibility to guarantee the defendant and the commonwealth a fair trial if he granted the motion to open the record on the two “closed door” hearings and other pleadings filed in the case. However, he granted Luke leave to renew the motion after Kidwell’s trial, indicating that he would then grant the request.

But with the declaration of a mistrial and the possibility of a new trial, Horne on

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