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Phillip
Arthur Thompson
Mountain Democrat
2007-10-22
Cold case murder
Judge
threatens to arrest
woman on contempt charge
By Eric Laughlin
Democrat staff writer
A judge made a key pre-trial ruling Friday
in the 1971 cold murder case of defendant Philip Arthur Thompson, but perhaps
the most dramatic part of the proceeding was moments later when a Bay Area
woman in the audience, suggested by the prosecution
to be working for Thompson’s defense, was scolded by
the judge and nearly arrested on a charge of contempt of court.
The woman, Kate Dixon, is a journalist for
the Website newsmakingnews.com and has frequently appeared in court in support
of Thompson, who she says is being prosecuted for a crime he did not commit.
Thompson, now in his 60s, was arrested in
2003 after his DNA was allegedly found on the underwear of murdered Sacramento
beautician Betty Cloer, whose body was dumped in a remote area of Cameron Park.
Dixon told the Mountain Democrat she thinks
there is evidence that suggests another man killed Cloer, a man who is
currently in state prison and due to testify for the prosecution.
El Dorado County deputy district attorney
Trish Kelliher has made attempts to conceal that man’s name in open court to
protect his identity in prison. But Dixon, a former attorney, came to court to
fight the concealment, having filed a motion days earlier to unseal the
identity of the man, who has been referred to only as John Doe.
Initially Judge James R. Wagoner ruled
that Dixon and other media organizations can print John Doe’s real name, since
the name was legally obtained from the case file prior to his sealing of
related records.
But prosecutor Kelliher argued that the
court should bar the name from being printed until it researches the role Dixon
and her colleague Virginia McCullough are playing in the case.
“We need to clarify who these woman are,”
Kelliher said. “On one hand they claim to be journalists, but on the other they
appear to be working for the defense.”
McCullough is a contributing writer for
Dixon’s Website; McCullough said Friday she was working as a runner for the
Thompson team, but that Dixon does not or did not have such a role. Thompson’s
attorney Dain Weiner agreed.
Wagoner agreed that more research needs to
be done as to both women’s role. He issued a temporary gag order on
newsmakingnews, forbidding it from printing the actual name of John Doe. Dixon
was then ordered to appear for a proceeding set for today.
The judge informed the Mountain Democrat
that the gag order only applies to newsmakingnews. But the Democrat, citing the
prosecution’s argument of Doe’s potential safety concerns, chose to hold off on
releasing the name until future proceedings.
Dixon addressed the court, which
immediately sparked a heated exchange.
“Your honor, does this mean I cannot visit
Mr. Thompson before the hearing Monday?” she said.
Wagoner responded that for her to do so
would “certainly tighten the noose.”
“You have no noose on me,” she fired back.
“I know his honor has wanted to jail me for some time.”
Wagoner immediately responded, “Ma’am, you
are bordering on contempt. One more word out of you and you are going into
custody.”
Dixon then immediately lowered her tone
and sat quietly through the rest of the proceedings.
The key ruling made by Wagoner was
regarding a request made by Kelliher to exclude evidence obtained by the
defense that suggests victim Cloer was working as an informant to law
enforcement in the time leading up to her murder.
Weiner argued that there is credible
evidence from a number of independent sources suggesting such a relationship
with officials.
The defense attorney argued that the jury
should be able to hear such evidence, since it provides insight into Cloer’s
state of mind the night she was killed. He suggested that her being an
informant could explain why she got into the car of a man she had never met.
Weiner also said the information is
relevant because it could provide information as to a possible motive by John
Doe to kill Cloer.
Weiner argued: “John Doe has an extensive
criminal history with regard to narcotics, including what we know to be a $250 a
day heroin habit. If Cloer was working as a drug informant, that gives motive
for suspects in cases with drugs to want to harm her.”
Kelliher responded that John Doe is a
witness and will be able to respond to Weiner’s accusations while he testifies.
Though she acknowledged the fact that Cloer’s family said she was an informant,
she said that there is nothing in the records suggesting such a circumstance.
Kelliher continued: “What we have is
either a story made up by family members who wanted to paint her as this
heavenly informant, or her telling her family this story about being an
informant so they wouldn’t give her a problem over her seeking distance from
them.”
Wagoner ruled to exclude Weiner’s
informant-related evidence, but said his ruling could change if new evidence
was introduced in the days leading up to the trial.
The trial is currently set for late
February 2008.
E-mail Eric Laughlin at
elaughlin@mtdemocrat.net or
call
344-5064.