by Ken Renshaw
Dean Buttress stood and said, "I object...." Judge Cartright interrupted, "Sustained."
Mr. Willard quickly asked, "Is there anything else?"
Ed continued, "We shouldn't have to be here." He slumped dejectedly in his chair.
After an appropriately long theatrical pause, Mr. Willard said, "Thank you."
Testimony continued with a member of a volunteer search and rescue team who said he had been on dozens of S&R efforts. He described the search scene as chaotic. He stood idly by from six forty-five until nine o'clock. When asked to rate the organization of the search from one (totally disorganized) to ten (very well-run operation), the S&R man scored the night as a three.
A retired deputy sheriff, from the neighboring county, now living in Rocky Butte, had heard about the search effort on his police scanner radio and gone to volunteer for the search effort. He supported the idea that the effort was disorganized, the Sheriff had failed to act on several suggestions by the professionals around him. He gave the effort a five.
The next man to testify was Tim Holtz, the bloodhound handler that Ed Sodastrom described above. He said that he had come as a volunteer after hearing of the search on a police scanner. He said he had acted on his own in starting his search with the dogs. He was going to talk to the Sheriff, but when his dogs smelled the sweater, they were off on a charge on Lucy's trail. From his experience, one should follow the dogs when they want to go. The Sheriff called him back and accused him of interfering with police work and said he would be arrested if he continued his own search. He said he stood around in the parking lot until his dogs got too cold. Since it seemed apparent that the Sheriff would not call on him, he went home.
When questioned about his credentials, Mr. Holtz said he had only recently moved to the area and was unknown here. He said he and his dogs had worked for seven years off–and–on for law enforcement agencies in the Sacramento and Northern California area. He was well instructed in the California Incident Control Procedures and knew he had to obey the Incident Commander, the Sheriff, when told to call off his dogs.
When asked whether the Sheriff had asked about his credentials, he said, "No, all he did was rant threats at me."
Sheriff Bogend's testimony was ideal for the case. The sheriff admitted he had heard of other police Departments using psychics in missing person’s cases but had no personal experience with psychics. The Sheriff kept getting angrier during the detailed questioning, When asked why he didn't use the bloodhounds, the Sheriff said he did not know the dogs, how well they were trained, or the reputation of their handler. He said that he had called for bloodhounds from someone he knew and had worked with in Pine Mountain: they didn't get there until much later, at which point, too much snow had fallen. When the issue of the bloodhounds was perused, the Sheriff admitted that he figured the handler would later want to be paid and he didn't want to go through the paperwork for using unbudgeted or non-county resources. The county already had a dog handler on contract.
When quizzed about whether budgetary considerations had entered his decision not to take Mr. Manteo's advice, he got very angry and shouted, "He isn't a county recognized contractor. Search and rescue is a job for people on the County payroll."
Mr. Willard was cool and let the jury observe Sheriff Bogend's embarrassment for a long minute before he dismissed the witness.
In cross-examination, the defense attorney tried to restore Sheriff Bogend's credibility, but, the damage was done.
Steve Manteo was called after the Sheriff. He recalled his experience the night of Lucy's loss. His testimony was right along the deposition you provided me in the background papers. At the end of his testimony he was visibly moved, almost crying. The jury saw that.
Candice Montgomery was called and did a good job of explaining how people can mind-to-mind communicate at a subconscious level through shortcuts in eight-dimensional space. I had read the background paper by her that you gave me. I really understood her ideas after her testimony. The jury seemed attentive throughout her testimony.
She said that, because of the lateness of the hour she would delay showing her video tomorrow morning.
Dr. Peter Gallagher testified that he and some of his colleagues had reviewed her work and could find no fault in it.
The judge adjoined the court at five–fifteen."
****
Wednesday of the trial went quickly. Mr. S. and his chaperones, Buster and his associate, and the lady reporter from San Jose were in attendance. Elizabeth noted that several new reporters, identifiable by their laptop computers, had shown up. There were only a few other spectators at the trial.
I started by showing Candice's movie; the jury was interested and amused.
I then called a Deputy Sheriff who gave the timeline from the Incident log.
I then called the Search and Rescue Team member who had found Lucy. He said by one-thirty in the morning the search was about to be called off, and things were disorganized. He said that on a hunch, he and his partner had decided to search down Bear Creek. Nobody seemed to be in control then so they undertook the search without the Incident Commanders permission.
I congratulated him on his initiative.
I then called Jill Franklin, the Rocky Butte Manager of Emergency Services Department. She verified that County policy was to use all available resources in emergencies such as a search and rescue incident. She said that it was reasonable and on–policy for Incident Commanders to use civilians in search operations. I asked whether the County might not be concerned about liability lawsuits from civilians who were injured during searches or rescues while under direction of county personnel. She said there were "good Samaritan" laws that covered that and the Incident Commander would further be insured by a small county self-insurance pool, which covers smaller claims, and was further insured by a very large policy with the California State Association of Counties, Excess Insurance Authority.
Surprisingly, Dean Buttress didn't object. I continued. "Does that mean there is a very large liability dollar policy covering Sheriff Bogend and any settlement would be paid by a State-wide insurance pool?
Jill replied, "Yes."
"That means that in emergency situations, any liability the Incident Commander creates is insured against. He is not risking County money that is used for paying teachers, fixing potholes, or keeping the libraries open."
Butters looked as though he would object but didn't.
Jill replied, "Yes."
"Is there any problem with paying search professionals who show up, such as bloodhound handlers, if they later bill you for professional services."
"Not if their fees are customary and reasonable. We have to get many approvals for off-budget expenditures, but we do it all the time."
"Thank you," I said, wondering if Dean Buttress drank his breakfast today. I decide to go for it.
"One more thing, Ms. Franklin. I'd like to clarify the idea of acting as a reasonable person during an emergency.
Let me give you a hypothetical situation: Suppose you had a cattle ranch and we were in the middle of a drought and the cattle were dying of thirst. Further, suppose you have an unused well drilling rig on your property. Then, a man who claimed he was a water dowser showed up and said he had dowsed your property and that water could be found if you drilled a well at the far end of your corral.
Wouldn't a responsible person, who might or might not believe in dowsing, drill the well at the end of the corral if it wouldn't cost too much?"
I was shocked Buttress was letting me get away with this.
Jill responded, "Yes, It would be irresponsible for the man to let his cattle die of thirst solely because he didn't believe in dowsing."
"The person should act?"
She answered. "A reasonable person would take action"
I said, "Thank you."
Judge Cartright adjourned court for a forty-five-minute lunch.
We adjourned to our conference room for our bag lunches. Elizabeth shook
her head in disbelief and said, "I can't believe that Buttress sat there while Jill told the jury a huge amount of money was in the pot and that it wouldn't come out of county funds. He sat there while you drilled hypothetical wells. Amazing!"
Elizabeth made a cell phone call to our next witness.
After lunch, I noted that there were about fifteen more spectators in the courtroom who looked more like housewives than reporters.
Elizabeth seemed puzzled, "The local grapevine must have been listening to my cell phone call."
After the court reconvened, I called Janice Cloud, a thirty-something looking lady, dressed in a modest sundress.
I asked, "Ms. Cloud, please explain to the court how you know me."
"My friend, Ann Sodastrom, called me and asked if I would organize a child-finding demonstration for the court. My daughter Kerri is, or was in Lucy's grade, and I know all the mothers in the school class"
The defense attorney, Dean Buttress jumped to his feet and objected, saying, "One of the main issues in this trial is scientific credibility: a simple demonstration is not scientific proof of the legitimacy of psychic phenomena."
I was surprised Buttress was awake and responded, "The scientific credibility of 'psychic phenomena,' in general, is not an issue in this trial. The issue is limited to Mr. Manteo's credibility. This demonstration works toward that end."
"Overruled. I'll allow the demonstration," responded the Judge. "I'd like to see this myself.
"Please continue, Ms. Cloud."
"I am the president of the PTA, and Ann thinks I am a good organizer. She gave me your phone number, and I asked for me to call you in Los Angeles. During that call, you asked for me to get three other parents from Lucy's class to participate in the child–locating demonstration. All they had to do was hide with their daughters in separate location somewhere in town."
"Have I or any other person, contacted or talked to you about this?"
"The phone call to LA is my only contact with you before now. The other attorney, that lady over there, Elizabeth McKenzie, met with me briefly. She gave me and explained some written instructions for the child–locating demonstration. I have them here."
"Would you read them aloud to the court, please."
She read, "Please contact and identify three other parents of children in Lucy's class who would be willing to participate in a one hour demonstration. Only you and the other parents are to know of the planned demonstration. They should give you a copy of the their children's classroom portrait, taken last spring when they had 'picture day' at the school. On a given day during the Sodastrom versus County of Rocky Butte Trial, you will be asked to call each of the other three parents and ask for them and their children to leave home and go to a place of their choosing in the vicinity of Rocky Butte. Each place should have strong visual clues, a place you would recognize if given a photo of that place. They should stay at that location for one hour or until they are called on their cell phones. They and their daughters may engage in any normal activity to entertain themselves while they are at the place."
I asked; "Were you given any other instructions?"
"No"
"Do you have the three pictures?"
"Yes."
"Please write the name of the child on each picture and the cell phone number of the person who is with them."
She wrote on the back of each picture, and I entered them into evidence.
Then, I asked, "Do you know or know of a Mr. Steve Manteo?"
"No, I have never met or had any contact with him that I know of."
"Thank you very much for your assistance in setting up this demonstration."
I then called Steve Manteo who was dressed in a grey business suit and tie.
I gave the three pictures to Steve and said, "Here are pictures of three classmates of Lucy's. Their names are on the back. Do you know any of these children or families with the same surname?"
Steve examined the pictures and then said, "No, I don't know any of these children nor do I know any families with the same last name. I haven't had any contact whatsoever with any of them that I know of."
I then gave him map of Rocky Butte and vicinity and said, "Each of these children is somewhere in the vicinity of Rocky Butte. Will you please mark on the map where you perceive the three children to be and describe what the children are doing?"
Steve took the first picture in both hands and then closed his eyes. Everyone in the courtroom was in complete silence, and I could feel the tension building. Then, Steve opened his eyes and turned the picture over, read the name, marked an X on the map, closed his eyes and said, "Kerri Legar is in a building, she is near a high arched window, looking out. She is unhappy and doesn't want to be there. She is with her father. I can perceive that she is on the second story, looking out the window at something moving by."
He took the next picture, read the name, closed his eyes for a while, marked the map, closed his eyes again, paused, and said, "Amie Archerfish is in the outdoors playing. She is happy, having fun. She is going back and forth, like on a swing. She is at the school on the edge of town, in the playground."
The audience murmured and Judge Cartright was about to bang his gavel and then, as Steve took the third picture, the audience grew quiet.
He looked at the third picture, closed his eye for a minute and then said, "Janet Nestle, is here," as he marked the map and then again closed his eyes. In a minute he said, "Janet is enjoying something to eat, cold. She is not inside, but under some sort of roof or arbor. There is a blue structure nearby. There are objects, probably cars going by. She is at the Tasty Freeze on the edge of town."
I had earlier arranged for the clerk to have a speakerphone on her desk. She dialed the number on the back of Kerri's picture. We, including the jury, heard, a male vice answer, "Hello, Richard Legar here."
"Mr. Legar, this is David Willard calling from the courthouse. Where are you and is Kari with you?"
"I am in the library on the second floor. Kari is bored and driving me nuts. Can we go home now?" Richard Legar answered in a very stressed voice.
"Yes, thank you very much. Your service to the court is appreciated."
Then, we called Joyce Archerfish and she verified that her daughter, Amie, was at the school, playing on the swings. Dorothy Nestle verified that her daughter was at the Tasty Freeze on the edge of town.
I entered the map Steve had marked into evidence.
Opposing counsel declined cross-examination.
I thanked everyone and then rested my case.
The judge declared a forty-five minute recess for lunch.
The defense then presented its case.
First, Dean Buttress, presented his scientific expert witness, an emeritus Physics Professor, Charles Young, a gentile, kindly looking man, from the Bowdon University of California. He gave the expected expert testimony that there is no physical way for Lucy to communicate her status to Mr. Manteo over two miles away. I impeached his testimony by asking what year he was awarded his PhD (1973) and how long it had been since he published his last scientific paper (more than fifteen years) and if he had ever done any theoretical work that dealt with more dimensions than four (no). He said he had never heard of Minkowski and then admitted he had not kept up with advances in physics for the past ten years.
I was amazed at how poorly this witness had been prepared by Dean Buttress.
Dean Buttress called Altos Kozinsky who described himself as president of the Sacramento chapter of an organization dedicated to exposing frauds in claims of paranormal experience. He cited a study that surveyed Police Departments of the 60 largest cities in the United States and Canada. The published report said that only forty percent of the departments said they ever used psychics, and none said they had ever received information of great value.
In cross-examination, I asked Mr. Kozinsky what his profession was.
"Real estate broker," he replied.
"Did you study science in college?"
I asked, "When was the study you described done?"
He said, "1973."
"Do you know of any similar studies since 1973?"
"No."
"Was it published in a peer–reviewed journal and reviewed by scientists not involved in the study?"
"I don't know," he replied.
"Who published the study?"
"Our organization."
"The organization you described as dedicated to 'exposing frauds in claims of paranormal experience'?"
"Besides being 'dedicated to exposing frauds in claims of paranormal experience' what were the author's academic credentials?
"I don't know?"
"Was Mr. Manteo mentioned specifically in the study?"
"Not that I remember."
"Does this study have anything to do with Mr. Manteo?"
"Yes, it shows that all psychics are frauds."
"Thank you," I said. "I would like to recall Professor Charles Young,"
Dean Buttress looked as though he wanted to object but couldn't think of why.
I asked Professor Young to listen while the clerk read back the questions and answers of my cross–examination of Altos Kozinsky.
Professor Young listened and then I asked him, "From the testimony you heard, does this study provide scientific proof of fraud, according to academic standards?"
Professor Young looked embarrassed as he said, "No.'"
"Thank you."
Dean Buttress rested his case.
Judge Cartright said, "I will hear closing arguments tomorrow morning. This court is adjourned."
As we walked down the courthouse steps, reporters who pushed microphones in our faces and shouted questions accosted us. We responded, "No comment," and explained that Judge Cartright had asked us not to comment on the case to the media. Both Elizabeth and I noticed that a TV reporter had Janice Cloud on–camera in an interview.
As we drove home, Elizabeth reviewed how the jury reacted to each point in the case and we talked over points to be made in the closing statement.