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Arizona Court Going Out of State for Testimony From Ailing Agent

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United Press International

An Arizona judge will take his court to Illinois to hear evidence from a man suffering from cancer in a child-murder case involving an ex-convict from Southern California.

The trial of Frank Atwood, 30, is set to begin in Phoenix on Jan. 19, but an FBI witness won’t be available to testify because he is suffering from inoperable cancer. Pima County Superior Court Judge John Hawkins decided to accompany attorneys to take a deposition from the witness, Tim Carlson, at Rockford, Ill., on Oct. 23.

Atwood is accused of kidnaping Vicki Lynne Hoskinson, 8, in September, 1984, from near her Tucson school. The girl’s remains were found in the desert in May, 1985.

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Atwood at one time lived in Los Angeles’ Marina del Rey area.

Carlson’s testimony is crucial because the case is based largely on circumstantial evidence. Carlson was the FBI technician who said paint scrapings on Atwood’s car matched those from the child’s bicycle.

Investigators believe Hoskinson’s bicycle was hit and that she was forced into a car. Atwood was arrested at Kerrville, Tex., several days later.

Lawyers will question Carlson under oath and Hawkins will be present to resolve any disputes on rules of evidence.

John Davis III, assistant Arizona attorney general, said a deposition is required because of the “substantial likelihood” that Carlson will be unavailable for the trial.

Atwood has a history of child molesting, authorities said. Four months before Hoskinson vanished, Atwood was paroled from the California State Prison at Vacaville on a 1981 conviction.

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