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13
"O'Leary said he made a deal with Duane Peak to the extent that Peak would be prosecuted as a juvenile in
return for his testimony..."
However, Arthur O'Leary later denied that he had said that to the Washington Post reporter.
PRELIMINARY HEARING
The Preliminary Hearing on September 28th began like this:
Q: Will you state your name for us?
A: Duane Peak.
The defense raised a number of objections to Duane testifying: he was a co-defendant; any statement of facts he
may testify about would be coerced, bargained for or otherwise obtained. The judge brushed aside the defense's
objections and the preliminary hearing continued.
Q: Duane, I am going to call your attention to August 10th, Monday, of this year, and ask if you saw the
Defendant, Edward Poindexter.
A: No.
Q: You did not?
A: No.
Q: When did you first see the Defendant, Poindexter?
A: Pertaining to what?
Q: You are going to have to speak up. I can't hear you.
A: Pertaining to what?
Q: Pertaining to the Minard case.
A: I don't think I remember seeing him.
Q: I will call your attention to Monday, August 10, 1970 and ask you if you were at [David Rice's house] on
Monday evening.
A: No
Q: You were not?
A: No.
Q: Were you on Tuesday?
A: No.
Q: I call your attention to Friday evening, August 14th, and ask you if you were at the American Legion on
that particular evening.
A: I think I was. I don't know for sure.
Q: On that particular occasion, did you see the Defendant, Poindexter?
A: No.
Q: You are Duane Peak?
They whisked him off the witness stand and took him back to the police station where he met with his father and his
grandfather and his lawyer. They brought him back to court in the afternoon. Once again, the defense objected to
his testimony. Once again, the judge brushed aside the objections and said this:
"The young man is represented by competent counsel and I don't know what he advised him but he has been
represented and he has also conferred with his grandfather, who is a minister and whom I have known for a
longer time and I don't know what advice he gave him but your motion is overruled and we will see what the
Defendant testifies to."
Duane proceeded to tell the story they expected him to tell. Toward the end of the hearing Mondo's attorney said
this to him:
Q: You are shaking and nervous right now, aren't you?
A: Yes.
Q: You weren't shaking or nervous this morning, were you?
A: No.
Q: What happened to make you shake and bring your nervous condition about right now?
A: I don't know.
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