Witnesses Tell of Seeing Suspect in Klaas Case

Prosecutors chipped away Monday at the defense of the man accused of killing Polly Klaas, calling more witnesses who testified that they saw him in her neighborhood weeks before the kidnapping.

Richard Allen Davis, who said he took the 12-year-old at random in a drug- and alcohol-induced haze, had told police he had never been in the girl’s hometown of Petaluma before the kidnapping.

Defense attorney Barry Collins acknowledged to jurors in opening statements last week that Davis killed Polly, but he said there is no evidence that Davis sexually molested her, a charge that could have an emotional impact on jurors weighing capital punishment.

Davis faces the death penalty or life without the possibility of parole if convicted of murder and kidnapping--even without the charge of attempted lewd act with a minor. Despite the admission of guilt, in California a trial must be held if the death penalty is a possibility.

With the “who” out of the way, prosecutors have started to lay their foundation for the “why.”

They appear to be trying to show that Davis, 41, stalked Polly. This would undermine his story to police that he doesn’t remember much until he found himself driving in the car with her.

An 11-year-old boy testified Monday that he approached Davis, who was vomiting, at a park and asked him if he needed help. The boy said Davis brusquely said, “Get the hell away from me, you stupid kid.”

Barbara Fugate Horne also testified that she saw Davis, with a woman and what looked like a small child, at another park near Polly’s home before the kidnapping. She said she later saw him with a tall, thin man.

It was the second reference to a thin man being seen with Davis near Polly’s home. Last week, 15-year-old Kamika Milstead said she saw Davis, who was in his car, talking to a thin man who gestured toward Polly’s house.

Prosecutor Greg Jacobs has said he will explain the thin man in his closing argument. Police said they looked for the man but never found him.