By Lisa Sweetingham Court TV
MARTINEZ, Calif. Another day, another delay. A sick juror, a witness's vacation plans, and murder defendant Susan Polk's concerns about the leg shackles that cause runs in her nylons marked Thursday morning's court session in a trial that has been marred by delays since testimony began a week ago. "We will start fresh on Monday and hopefully move along," Judge Laurel Brady announced after deciding to postpone the trial rather than excuse an alternate who called in sick. Polk also has been ill and is now taking antibiotics for a cough and sore throat. This is the fourth day of delays due to illness since prosecutors called their first witness, Polk's son Gabriel, to testify about his mother's alleged murder of his father Felix Polk in October 2002.
Susan Polk, 48, is defending herself and claims she stabbed her 70-year-old husband to death with a paring knife in self-defense. She says she suffered from years of emotional and physical abuse and feared for her life after asking Felix for a divorce. Gabriel, 19, has testified that his mother is delusional and that she killed his father willfully. Polk's thorough cross-examination of Gabriel, with whom she had not spoken in nearly three years, has been so tedious that the judge warned her last week that she was in danger of losing the panel's interest. And then there is the issue of her eldest son Adam, 23, a student at the University of California at Los Angeles and the prosecution's next witness, who has spent several days close to the sleepy Martinez community, where his mother's trial has been slowly unfolding, as he waits to be called to the stand. Assistant District Attorney Paul Sequeira asked the judge Thursday to allow him to interrupt Polk's cross-examination of Gabriel to put Adam on the stand, in the hopes that he could finish in time to return for final exams next week and a flight on Thursday for a planned vacation to South Africa with his girlfriend. "You would think that the defendant might have some consideration for her child," Sequeira said. "I object," Polk said. "That's an outrageous comment." Polk vehemently opposed interrupting her cross-examination of Gabriel to accommodate Adam's vacation plans. The judge did not make a decisive ruling, but pointed out that Adam would not likely complete testimony in time to make his vacation, even without the delay. The matter will be resolved next week. Polk also accused the District Attorney's office of prosecutorial misconduct on Thursday, specifically, she believes that the prosecutors are "coaching" her sons to malign her character and testify falsely about their brother Eli, 20, the only Polk child who has chosen to testify in his mother's defense. "I would be very careful about making such accusations without any proof of evidence," the judge warned. The jurors have not been present for the subtle yet acrimonious jousting between the defendant and the prosecutor. Sequeira has attempted to avoid direct communication with Polk, but his statements to the court make his feelings clear. "I'd rather have needles shoved in my eye than have a mistrial," Sequeira deadpanned Thursday when Polk accused him of provoking a mistrial with his alleged coaching tactics. Polk, who has unique challenges as a pro per defendant representing herself while in custody, also complained Thursday morning about the new leg shackles she has to wear when she is transported to and from jail every day. "Ms. Polk, it was made very clear that if you slipped your cuffs again you would be in shackles," the judge said. "I did not slip my cuffs," Polk interrupted. The diminutive defendant, whose wrists are presumably small enough to slip her hands out of loose handcuffs, does not wear her restraints or her prison garb to court. In fact, her trial attire ranges from designer houndstooth suits to soccer-mom style chinos and collared sweaters. On Monday, according to an incident report to which the judge referred, a sheriff's deputy noticed that Polk's hands were free and unrestrained during transport. The leg shackles were ordered to remedy the issue. But Polk denied "slipping her cuffs." "This is manufactured," she said, and noted that she asked for an investigation into the matter, specifically with regard to a certain deputy she claims has threatened her with violence. Brady promised to evaluate the pending investigation report. "Your honor," Polk continued, "when I need to wear shackles, it cuts holes in my nylons, which means I can't wear suits to court. I have to wear pants. That's not fair!" "Ms. Polk, we're not going to resolve it today," the judge said. Trial is expected to continue Monday, when Polk will be asked to continue cross-examination of her son Gabriel. |