Block · one region of the page, as the scanner read it. It may hold a whole story, part of one, several, or an advertisement; stitching blocks into articles is the next step. Text is supplied OCR.
Page 5 · column 4 of 4 · from the scan, no model involved
that he did not intend to introduce any such evidence in the trial in this case.
Accessory?
In a closed hearing on February 2 in Rappahannock. Baumgardner testified that he considered Konicks actions may have made the attorney an accessory to the act (of shooting Spellman), according to the transcript. The commonwealth’s attorney added that he wasn t sure what Konick meant bv threats that he would "go down swinging" and would “spill his guts out and thought that the remarks could have referred to Mrs. Kidwell, Dowd and Leffler or himself.
As to whether Konick had given him confidential ot privileged information, Baumgardner maintained that his information came “from the circumstances” in the case.
Konick was also questioned at the February 2 closed hearing. According to the transcript, he maintained that he had discussed disclosures he made to the grand jury in advance with Diane Kidwell before he testified. He said he didn't believe he had disclosed anything that was privileged and that he had Kidwell’s permission implicit in earlier conversations with his former client—to tell the grand jury she shot Ranee Spellman.
Konick acknowledged discussing with Baumgardner on December 1(1 that he may have been involved “in some criminal act” and if what he had done was a violation of any of the Bar’s Cannons of Ethics. He maintained that he didn’t discuss anything “about Diane Kidwell per se,” just the facts related to his own actions.
The transcript quotes Dowd as asking Konick if he told Baumgardner that if wiping fingerprints from the shotgun came up,, "you would go down swinging and you were prepared to tell a lot of things, including some things that might be privileged?”
“No, not in those words; there was a comment,” Konick replied. He said he had the impression from Baumgardner that the incident “was going to be used to hurt me...I did say to him that if the thing was going to be twisted out of context, that 1 would go down swinging or something like that...I didn’t say anything about telling him privileged information and 1 didn't reveal any to him.”
After Baumgardner stated that he knew a lot about the case, “I did tell him that I knew a lot about the case that had not come out...but I didn’t say that I was prepared to tell it or reveal it.” Konick said he didn't recall using the expression "spill my guts out" or whether he asked the commonwealth’s attorney if he was going to make disclosures to the State Bar. He said he told Baumgardner that he didn’t consider what he did to be a criminal act or a violation of ethics.
According to the transcript, Konick acknowledged that he told Baumgardner that disclosure of the incident “would have an adverse impact on my career to the point where I might not be able to continue to practice law, not because 1 was going to be disbarred or anything like that but just because this is a very small community and so forth.”
Konie testified that Baumgardner has informed him a few days prior to that December l(i conversation that he was contemplating “a variety of criminal charges to be brought against me.”
Konick gave his reasons for the December 1(5 visit and discussion in the commonwealth’s attorney’s office; “If he was going to prosecute or file a complaint with the state bar, fine, do it and let’s get it over with. He added that he didn’t think the information “should be leaked to various sources, including the newspaper, and made subject to rumor.”
53.1%