ALVA – In a motion hearing held Monday at the Woods County Courthouse in the first degree murder case against Katherine Rutan Pollard, the court denied Pollard’s request to suppress witness testimony concerning other wrongs she allegedly committed.
According to a notice filed by the prosecution on Aug. 9, there are a number of witnesses who are willing to testify about various times when Pollard was allegedly abusive toward her son, Logan Tucker.
Pollard is on trial for allegedly killing her son in June of 2002. The boy was six years old when he disappeared. His body has not been found.
Defense Attorney Gerald Weis argued that the notice was too vague and the testimony desired is highly prejudicial and irrelevant.
In defending the state’s right to use such testimony, Assistant District Attorney Chris Ross said the testimony is quite relevant as it will provide evidence that for three years prior to Tucker’s disappearance Pollard had a negative and resentful attitude toward her son.
District Judge Ray Dean Linder agreed with the prosecution and ruled that the jury could hear the evidence, noting that it could indicate a “code of common practice by the defendant.”
Larry Jordan, Pollard’s second defense attorney, then asked the court to reconsider a motion to suppress the state’s use of hearsay testimony from Justin Dagget, Tucker’s younger brother.
Among other things, Dagget testified during the preliminary hearing last August that his mother took him and Logan out in the country and Logan didn’t come back.
Linder previously denied the same motion in February, ruling that the testimony was admissible since the same witness who was involved in the hearsay evidence would be testifying at trial.
However, Jordan noted that since then he was able to review evidence, in the form of audio tapes, related to the testimony and therefore resubmitted the request to deny the admittance of such evidence. He asked that Linder also review the tapes before making a second ruling on the motion.
Linder agreed and said he would inform the defense and the state of his decision this morning before beginning the jury selection process. He also noted that should the hearsay testimony be allowed, but the witness not be asked to testify then it could constitute grounds for a mistrial.
Jordan then submitted a motion to allow the use of hearsay evidence on the part of the defense. On behalf of the state, Ross agreed that if the court agrees to admit the state’s hearsay evidence, then the state would not contest allowing the defense to use such evidence as well.
Jury selection is set to start at 9 a.m. this morning. Two days have been set aside to select a jury.
Pollard was arrested and charged with Logan Tucker’s murder in June 2006 and has been in jail since that time. In February of this year, Linder moved the trial from Woodward to Alva.
