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Updated May 5, 2006, 5:03 p.m. ET
Polk's letters to her expert are missing, and it's another battle at the bench


Felix Polk
Felix Polk was stabbed 27 times by his wife, but a defense expert witness says that the wounds may not have been what killed him.

MARTINEZ, Calif. — Murder defendant Susan Polk's trial was postponed Friday after her expert witness failed to produce letters from Polk. The expert said he relied on the letters to draw the conclusion that Polk's husband died from a heart attack while he was attacking the defendant, and not from his 27 stab wounds.

"I must admit, I'm very troubled by the turn of events this morning," Judge Laurel Brady said Friday morning outside the presence of the jury.

The letters Polk wrote to retired Texas forensic pathologist Dr. John Cooper included a sketch and Polk's account of the night in October 2002 when she stabbed her 70-year-old psychologist husband Dr. Felix Polk, according to Cooper.

Cooper told the judge that he searched his motel room to no avail. He suggested he may have left "the letter" on the plane. He noticed that his motel room door was jammed, he said, and suggested that someone might have taken the letter. He said there was no one in Texas who could immediately search his home office for the materials.

Brady ordered him to return Monday with his entire case file.

"I have never seen this before," Assistant District Attorney Paul Sequeira said. "This should cause the court great concern."

Sequeira took issue with Cooper and Polk's sudden characterization that there was a single letter, reminding the court that Polk commented during her direct examination Thursday that she wrote Cooper many "long-winded letters."

He also was alarmed by the fact that Cooper testified beyond the forensic evidence, and spoke in great detail Thursday about his belief that Felix Polk was the aggressor the night his wife stabbed him, and that she merely acted in self-defense.

Cooper, whose current practice is limited to providing expert testimony and consultation, told jurors that he reviewed Polk's letters, along with the autopsy report, the district attorney's investigative materials, a death certificate, grand jury transcripts, and a police interview with Polk to determine that Felix Polk was the aggressor that night, that his stab wounds were not fatal and that he died of natural causes.

During a brief cross-examination Thursday, Cooper defiantly told Sequeira to subpoena him if there was something he wanted. Cooper admitted he kept a case file, but said he didn't bring it. He said he didn't save handwritten notes or prepare a report because he didn't think Sequeira should know the details of what he would testify to.

When Judge Brady determined that there was a discovery issue that had to be resolved, and inquired about Cooper's case file, Cooper said he had some items back at his motel, and perhaps the letters were among them.

The judge had planned to review the letters Friday and redact any privileged information before it was given to the prosecution.

Polk vehemently objected to the interruption of her case and said that neither the judge nor Sequeira should be given access to letters she wrote her expert witness.

The judge told Polk that any materials, including her sketch and account of the incident, fell under the laws of reciprocal discovery and that Sequeira was not required to ask for these materials or subpoena the expert witness for them.

Polk told Brady she was mistaken and argued that discovery "is a relatively new concept and still being developed."

Polk decried the court's order, saying that Cooper's testimony was "completely independent, unbiased and neutral" and that Sequeira was "a crybaby."

"He doesn't like Dr. Cooper's testimony, so he does a little dance in front of the media and says I'm in violation of discovery," Polk said.

Court will resume Monday morning. Polk said she hopes to take the stand by the end of next week.



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