Judge says homeless witnesses must stay in jail
Posted by The Associated Press August 14, 2007 13:41PM
MEDFORD -- Three homeless people who saw a fatal fight at an encampment must remain in jail until the case is tried, a judge has ruled.
The three have been held for 10 weeks as material witnesses, getting $7.50 a day in compensation. A trial is scheduled to begin Sept. 25.
"We are talking about innocent people being held in jail," said Christine Herbert, a public defender representing Carl Bogenschneider, 51.
He, his wife Lynn Ann, 46 and Timothy Williams, 39, argued that they should be allowed to record their testimony and go free.
Jackson County Circuit Judge Ron Grensky said they should remain in jail, as he ordered in June.
"When they weren't incarcerated, they weren't easy to find," the judge said.
Grensky said they are the only people who can testify about what happened at a late-night fight between Brian Garrett, 40, and James Revier, 42.
Revier was found dead June 3. Garrett faces a manslaughter charge.
Jackson County Deputy District Attorney David Hoppe said he needed live testimony to make the case against Garrett.
When Grensky handed down his ruling Monday, Lynn Bogenschneider began sobbing. The couple has been separated in jail. She had mouthed "I love you" to her husband in the courtroom.