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State v. Biegenwald

3/5/1987

ne person heard this. One person heard that. They never -- the stories really -- never really matched or anything.


Q: And this was in the other courtroom when you were waiting there?


A: Yes.


Q: What did you hear?


A: [ ] One girl was saying how she [ ] was reading about it in the newspaper, whatever, and a couple of us had said [ ] well, we don't know anything about it [ ] and being that we are not supposed to talk about it[ ] and she said, "Well, I heard this, that, and the other thing," "about this girl and this girl." And [ ] it was just -- and then it was like -- "Well, I'm not to say anything so I won't say anything."


Q: Can you identify that person for us?


A: Um -- Ruth -- I don't know her last name.


Q: Ruth?


A: Yes.


Q: Okay. And what was she saying that you recall?


A: Um, she said something about how he [ ] how he had killed them. How he had gone about like luring them or [ ] getting them to go with him or -- and,


ugh -- oh -- and about a friend of his or something, [ ] how he went to the police or whatever and told them about what he knew.


Q: Was this Ruth the only one who was talking in that fashion or were others giving little tidbits?


A: There were others, others that knew it, yes.


Q: I'm sure there were others that knew about it. What were they saying about it?


A: Ugh, they were more or less comparing what they read. They were -- "Well, I read this newspaper and this newspaper said this," and, "Well, I read this one. This one said this." And they were just like comparing what they knew between each other.


Q: Did any of those notes that they were comparing or any of the little information that they were contributing have anything to do with Mr. Biegenwald's background?


A: No no.


Q: Is there anything that you heard them that gave you a mind set which you feel might affect your ability to judge this case fairly on what you hear in this courtroom?


A: No. Because, um, I very rarely go by what the newspapers will say before a trial. I don't believe in prejudging people. I don't -- I very seldom pick up a newspaper, because all different newspapers have different stories and it would just -- it wouldn't [ ] allow you to think clearly if you were to go by what everybody says, because nobody really has the true facts, the true honest facts about the trial or anything.


Q: Let me ask you this: This case that we are trying concerns one incident.


Apparently what some of the people were saying there referred to other incidents.


A: Yes.


Q: Do you think the fact that there was reference to other incidents might have a capacity to affect your judgment sitting on this case?


A: No, because you are just dealing with one. The other ones aren't -- don't have anything to do with this case.


Q: How extensive would you say were these discussions of Ruth or whoever else was comparing notes with Ruth?


A: They -- they brought the other things into it.


Q: How long did that last?


A: I guess until -- well, that was just the first day when we were sitting by ourselves. After we had found out what the case was about and, um, after a couple of us who hadn't known about what was going on had [ ] said, "Ruth, you're not supposed to talk about it," whatever, I think she got the idea too, [ ] not to talk about it or whatever.


Q: She was the principal big mouth from what you say?

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