6
University Daily Kansan / Wednesday, March 18. 1992
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By Jay Williams
Lawrence man to be tried for Bread death
Judge says state has enough evidence to show probably cause
ByJay Willa.
Kansan staff writer
A Douglas County District Court judge ruled yesterday that a Lawrence man would stand trial in connection with the March 1990 death of Christopher Bread.
Marvin Schaal, 19, will stand trial April 20 in Douglas County District Court. He is charged with a felony count of aggravated vehicular homicide and a misdemeanor count of leaving the scene of an injury accident.
Schaal yesterday pleaded not guilty to the charges. He remained in custody yesterday in lieu of $15,000 bail.
After 2 1/2 days of testimony in Schaal's preliminary hearing, District Court Judge Ralph King made the determination that Schaal would stand trial. He said the state had proven that a crime had been committed and that there was probable cause
In a preliminary hearing, the state does not have to prove guilt. The state must show probable cause.
that Schaal had committed them.
The hearing was to be completed Monday, but the defense's final witness will not appear.
King issued a warrant Monday for Frazier's appearance. She testified yesterday.
In her testimony, Frazier, 18, said she did not appear Monday because she had received threatening telephone calls from people not to testify.
"I have received threats if I testify for and testify against," she said.
Frazier said that on the night of Bread's death, she was at her home on 15th Street east of Lawrence. She heard a vehicle hit an object, but could not see the object struck, she said.
She testified that she saw a gray van with black stripes drive away from the
scene. Bread's body was found on 15th Street about a mile and a half east of Lawrence early the morning of March 1.
Inclosing arguments, defense attorney Carl Fleming said that the state's star witness, Donald Ray Jr., 25, had recanted his 14-page statement several times during the hearing, and other witnesses had refuted the statement. When Ray recanted his statement last week, he explained that he was tired from 13 hours of questioning and that his statement given at the end of questioning was untrue.
In the statement, Ray said that he and Schaal were driving to Lawrence from Eudora on 15th Street when they struck a large object.
In Ray's statement, he said Schaal and he were traveling in a early '70s Oldsmobile Cutlass.
Ray and Schaallater returned to the
Also, Trapp said Louise Courter, who testified Thursday, heard Schaal and Ray discuss the accident on a citizens band radio.
scene on a moped, according to Ray's statement.
Rick Trapp, assistant district attorney, said in his closing argument that other witnesses had corroborated important parts of Ray's statement that indicated Schaal was involved.
Trapp also reviewed the testimony of Mike Jones, who said he saw two people and a moped on the night of the death near where Bread's body was found.
Jones gave a description that resembled Schaal's, Trapp said.
Bread's death was the fourth American Indian death in a one-year period between April 1989 and March 1990. Schaal was the first person arrested in any of the cases.
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