Missing Boy's Little Brother Testifies

Thursday, August 30th 2007, 6:25 am

By: News On 6

ALVA, Okla. (AP) -- A Woods County judge on Thursday denied a defense motion to dismiss the case against a Woodward County woman accused of killing her 6-year-old son five years ago.

Attorneys for Katherine Rutan, also known as Katherine Pollard, asked the court to issue a directed verdict of demur, saying the state had not presented credible evidence regarding Logan Tucker, who has never been found.

"The evidence shows Logan is still missing," defense attorney Larry Jordan said. "There's no evidence bearing directly on a death."

Judge Ray Dean Linder heard arguments from both sides during a recess without the jury present.

"The state has presented evidence over the course of a weekâ€¦ with testimony from more than 60 persons to the present time. A demur is supposed to be taken in the strongest light to the person who objects to a demur ...," Linder said.

"This is a case that is going to be submitted to a jury. The court does not doubt there has been sufficient evidenceâ€¦ even when it is taken in its strongest light."

After prosecutors rested, the defense called several witnesses and rested. Closing arguments are scheduled for Friday morning.

Earlier, jurors heard more audio-taped recollections from Logan's 9-year-old brother about the day his older brother disappeared.

Justin Daggett was 4 years old when Logan was last seen on June 23, 2002.

Prosecutors believe Rutan killed the boy and dumped his body somewhere in the Woodward area.

A key part of the prosecution's case involves interviews with Justin, who testified Wednesday that he was in the back seat of his mother's car when she drove Logan to an abandoned house west of Fort Supply Lake and left him there.

Tapes were played of interviews with former Woodward County Undersheriff Monty Clem, in which Justin told investigators details from the last time he saw Logan.

In the tapes, Justin said he watched his mother walk to the house with Logan and then return alone.

Also on Thursday, investigator Butch Hutchens told the jury that plastic taken from the trunk of Rutan's car matched that taken from her former boyfriend's house. He also pointed on a map to the various locations prosecutors are focusing on, including Rutan's former residence in Woodward and the abandoned house west of Fort Supply where Justin told investigators his mom left Logan.

Jurors also heard testimony from the rancher who leases the
property the house is located on.

Donald Wanger told the jury the house in question has been unoccupied for at least 30 years.

During the afternoon, defense attorneys presented four witnesses, including three who thought they had seen Logan after his photograph was shown statewide in newspapers and on television newscasts.

One of the witnesses, Jennifer Conn Jones, who lived in Claremore in 2002, reported seeing Logan at an adult concert hall on July 13, 2002. Another witness, Bixby resident Amber York, said her children met a young boy matching Logan's description at a lake on July 14, 2002.

Oklahoma City police detective Teresa Sterling was called by the state as a rebuttal witness.

Sterling testified that it's common to get reports of sightings in missing persons cases that turn out to be homicides.

Related stories:

11/3/2006 Mother Of Missing Woodward Boy Could Face Murder Trial Soon

2/16/2007 Logan Tucker Murder Trial Moved

8/19/2007 Mother To Go On Trial In Death Of Son

8/22/2007 Opening Arguments Set To Start In Child Murder Case

8/23/2007 Testimony Begins In Mother's Murder Trial

8/24/2007 Missing Boy Begged Grandparents To Take Him, Family Says

7/27/2007 - Testimony: Mother Emotionless About Son's Disappearance

8/28/2007 - Brother Testifies In Trial Of Missing Boy's Mother

8/29/2007 - Undercover Agent Testifies At Murder Trial