ALVA – As witness testimony continued Monday in the first degree murder trial of Katherine Rutan Pollard, Pollard’s brother, who she for some time claimed had taken her six-year-old son Logan Tucker, took the stand to clear his name.

Brian Marquardt, Pollard’s oldest biological brother, testified that he had not seen Tucker since 2000 and had never been to Woodward in his life.

He also testified that on the day he was supposed to have taken Tucker, which was June 23, 2002, he was traveling from Maryland to Virginia as part of his self-made business. Two of Marquardt’s former employees, Ralph Casebolt and Renee Ott, verified this by testifying that they were all on the road in their usual convoy.

Casebolt and Ott said their boss, Marquardt, was always present for the business meetings held every morning and afternoon and was never unaccounted for any time around June 23, 2002. They also said they never had any children traveling with them on their sales convoy.

Marquardt said he cooperated fully with the Federal Bureau of Investigation when agents interviewed him and his employees and searched their cars and hotel rooms after Pollard, then Rutan, made accusations that he had taken Tucker but had not returned him.

After completing his testimony, but before leaving the witness stand, Marquardt, who blames his sister and her accusations for the failure of his business, commented that he was pleased to learn he could watch the rest of the trial proceedings as he wanted to “watch her hang.”

That prompted a sidebar conference with District Judge Ray Dean Linder where the defense apparently made a motion for a mistrial because of Marquardt’s statement. Defense attorney Larry T. Jordan was subsequently overheard telling a colleague that the motion was denied.

Woodward FBI agent Ron Parrish, who has since retired, said he interviewed Pollard in August 2002 to gain more information about anyone who might have taken Tucker since law enforcement agencies were operating under a missing child, or possibly kidnapping, case.

Parrish said during the interview Pollard told him that she had, in fact, had asked Marquardt take her son, but did not know why her brother had not returned him as she said he was supposed to on July 13,14, or 15.

“She was saying that she expected him to be returned, she had no idea why he wasn’t returned,” he said.

Parrish testified that Pollard told him about two phone calls she claimed Marquardt made to her on June 21 and 22, saying he was coming to Oklahoma to visit their mother, Connie Henson. He said Pollard claimed Marquardt agreed to take Tucker and then picked him up on June 23.

However, according to testimony from both Connie Henson and her husband Don Henson they had not seen Marquardt since 2000 and had not been in contact with him concerning a visit around June 22 or 23, 2002. They also testified that Connie Henson was in the hospital around that time, so they were not available to play host to a visiting Marquardt.

But Pollard maintained Marquardt had taken Tucker. She even told Parrish about a message she received on her answering machine which she claimed was from her brother.

Yet, when it became public that Tucker was missing in mid-July 2002, a man named Don Hackley came forward telling the police that Pollard approached him on July 8 and asked him to make a phone call and leave a message claiming to be Marquardt and saying that Tucker was okay.

A copy of that message was played in court Monday and jurors were able to hear Hackley stumble over the message and even hear a pause where it seems someone in the background might be telling him what to say. Hackley testified that it was Pollard in the background telling him what exactly to say.

A number of law enforcement officials testified that Pollard tried to pass the message off to them as proof that her brother did have Tucker.

A transcript of testimony given by then Undersheriff Monte Clem revealed that when he confronted Pollard later on July 8 about the fact that her brother did not have Tucker, she did not seem to have any reaction to the news. In the testimony taken from the preliminary hearing, Clem said she did not become upset as he would expect a mother to do if they learned the person they thought had their child said they did not. Clem died last fall and his testimony was read into evidence by prosecutor Chris Ross.

The transcript also revealed that Clem gave Pollard the opportunity to make a formal kidnapping report, but she never did. Also in the previous testimony, he commented how Pollard did not participate in the searches for Tucker or even inquire with the Woodward County Sheriff’s Office as to how things were going.

Unfortunately the numerous searches were unsuccessful.

Other law enforcement witnesses testified Monday about the discovery of important evidence in the case in searches of Melody Lennington’s home where Pollard lived.

Shaun Barnett, who was then a deputy with sheriff’s office, discussed how he discovered evidence in the basement, including a wad of masking tape with hair and a waxy substance on it as well as a pillow with the same waxy substance.

Woodward Lt. Monty Martin discussed a search of Pollard’s vehicle which led to the discovery of a bundle of plastic in the trunk.

The attorneys for the prosecution have suggested that this plastic was used in the disposal of Tucker’s body as they try to prove Pollard guilty of murdering her son.

Pollard was arrested and charged with the boy’s murder in February 2006. She has been in jail ever since.

Testimony will resume today at 9 a.m. in the Woods County Courthouse.