Attorneys Argue to Enter Diaries Into Evidence at Oldson Trial

By: Rowena Li - Email

Updated: Mon 9:43 PM, Feb 04, 2013

The John Oldson first-degree murder trial proceeded Monday morning without jurors so the court could hold several hearings.

The defense wanted to enter into evidence a diary they said suggests someone else killed Cathy Beard, but the state argued that the diary is hearsay. The state also had a journal they wanted to present, one that Oldson wrote. The prosecution said Oldson made statements in the journal that showed he knew he was guilty, but the defense argued those statements may not refer to Beard or even criminal activity. The judge will rule on both Tuesday.

In a separate motion, the defense moved to stop the state from calling a witness who had changed her statement drastically. That led to the defense calling for a mistrial on the basis of witness tampering after they learned that the prosecution had met with the witness Sunday night. The motion was overruled.

After jurors arrived Monday afternoon, the state called five witnesses. One of Beard's former boyfriends recounted driving by the Oldson residence in the days after her disappearance and seeing a pickup parked outside with the doors open and seats taken out as well as a water hose and buckets by it. A friend of Oldson recalled how Oldson was anxious on an occasion when they drove out to where the remains were found. And another one of Oldson's acquitances testified that Oldson made incriminating comments to her, and then once Beard's remains were found, threatened to do to her what he did to Beard if she told anyone.

After jurors were dismissed Monday, the defense moved to exclude from evidence a story Oldson wrote about a woman's abduction and murder. The state said the story has similarities to Beard's case, while the defense said that it's just fiction. The judge is expected to issue a ruling Tuesday morning.