LAKEPORT — A judge ruled Thursday that portions of a phone conversation, during which the prosecution alleges Thomas Loyd Dudney called for a potential witness to be intimidated, would be admissible in Dudney”s upcoming attempted murder trial.
Presiding Judge Arthur H. Mann made the ruling during a series of motion hearings at the Lake County Courthouse Thursday morning, five days before the attorneys are scheduled to begin presenting evidence to the jury.
Attorney Doug Rhoades represented Dudney and deputy district attorney Art Grothe represented the Lake County District Attorney”s Office.
Dudney, 59, of Fulton, faces 11 felony charges, including attempted murder, torture, burglary and battery causing serious bodily injury, for his alleged role in an Oct. 20, 2009 incident in which Lakeport resident Ronald Greiner was shot, tortured and hogtied.
The court heard the entire conversation identified as being between Dudney and friend Cheryl Ann Reese. Dudney confirmed that the male voice on the recording was his by apologizing to the women in the courtroom for his foul language during the phone conversation.
The conversation, which lasted fewer than 10 minutes, focused on several issues, including Dudney”s finances, the whereabouts of his vehicles, Dudney”s children and the validity of the evidence against Dudney.
Dudney told Reese that two witnesses, including a woman later identified as Brandi Morris, lied to investigators about the Oct. 20, 2009 incident, according to the recording.
At one point during the conversation, Dudney told Reese that she should tell a male friend that “he needs to get rid of her (Morris).” No specifics of any intended threat or intimidation were discussed during the conversation.
Dudney, Reese and a third man, Joseph Deshetres, had been charged in a separate case with two felonies, including intimidating a witness. The charges against Dudney in that case were dropped in June, while Reese and Deshetres each pleaded guilty to a misdemeanor charge of attempting to intimidate a witness as aides or abettors.
Grothe requested that the jury be allowed to hear a small segment of the conversation. Rhoades argued that the entire conversation would have to be played, if admitted, because the selected segments would have taken Dudney”s comments out of context.
Mann ruled that the majority of the recording would be admissible, with the exception of two short portions that all parties agreed should be stricken.
Grothe also requested that he be allowed to show several photographs to the jury during his opening statement. The photographs would depict the injuries Greiner sustained as a result of being attacked, Grothe said.
Rhoades objected to Grothe”s request, arguing that the photographs should not be shown to the jurors without proper foundation having been established.
Mann ruled that the photographs could not be shown during opening statements and could only be shown to the jury once properly authenticated and received into evidence.
Grothe additionally asked that the jury be allowed to hear a short portion of an audio recording made by investigators on Oct. 20, 2009.
A man identified as Greiner could be heard gasping loudly for air, which Grothe said was a result of Greiner having suffered a collapsed lung because of significant injuries to the chest.
Contact Jeremy Walsh at jwalsh@record-bee.com or call him at 263-5636, ext. 37.
