McMartin Defense Investigator Coerced Witness, Judge Finds

Angered by what he called “coercion of a witness,” the judge in the McMartin Pre-School molestation trial on Tuesday ordered that a defense investigator either tape-record future conversations with witnesses or be accompanied by a second investigator.

“I do find tentatively that he violated the court’s order” not to communicate the testimony of one witness to another potential witness, Los Angeles Superior Court Judge William Pounders said of the investigator, Paul Barron, a former police officer. “I have seen what suffices to coercion of a witness.”

He referred to a conversation between Barron and a former Manhattan Beach resident, Bruce Keogh. Keogh and two neighbors of the Buckey family had been interviewed together several years ago by Manhattan Beach police about their observations of Ray Buckey, the principal defendant.

Telephone Call

On Sunday, Keogh testified outside the jury’s presence, Barron telephoned him and asserted that two neighbors interviewed along with Keogh were now denying the statements attributed to them by the police. And Barron said further that one of them had already testified.

It was this telephone conversation that Pounders found improper.

Keogh is expected to testify before the jury today.

Other witnesses have complained that they were intimidated, harassed or threatened by Barron, and are expected to testify about their conversations with him before Pounders makes a final determination and decides what penalties, if any, should be imposed on the defense.

Meanwhile, the prosecution--now in its rebuttal phase--called the mother of member of a girl’s soccer team that Buckey helped coach eight years ago. Donna Ennis testified that she observed Buckey’s genitals as he led pregame exercises wearing blue Dolphin shorts and no underwear.

Confronted Buckey

Ennis said she confronted Buckey, telling him, “You have a lot of guts stretching out in front of the girls with no underwear.” She said Buckey said he “never” wore underwear, a habit he testified to on the witness stand. Ennis also complained to the coach, the husband of former McMartin defendant Babette Spitler, and to the team mother. Buckey wore sweat pants thereafter, she said.

Ennis added that she observed the 10- and 11-year-old girls watching Buckey without his underwear and giggling. She testified also that the girls ran their fingers through Buckey’s hair and were transported in his van.

No Allegations

Deputy Dist. Atty. Roger Gunson said outside court that the woman’s testimony illustrates the device Buckey used to entice children, who are naturally curious about sex--exposing his genitals and thereby inviting them to touch him. The children who have testified against Buckey, however, were preschoolers at the time of their alleged molestation, and there have been no allegations that he molested soccer team members.

Buckey and his mother, Peggy McMartin Buckey, are charged with 65 counts of molestation and conspiracy involving 11 youngsters who attended their family-owned Manhattan Beach nursery school.

The trial, now in its third year and the longest, costliest criminal proceeding in world history, is in its final stages and on the brink of a mistrial because of a dwindling jury. On Monday, the last remaining alternate replaced a seriously ill juror.