
                         THE VIRGINIAN-PILOT
                 Copyright (c) 1994, Landmark Communications, Inc.

DATE: FRIDAY, June 24, 1994                    TAG: 9406240552 
SECTION: LOCAL                     PAGE: B3    EDITION: FINAL  
SOURCE: BY ROBERT GUY MATTHEWS, STAFF WRITER 
DATELINE: 940624                                 LENGTH: VIRGINIA BEACH

CASE AGAINST ACCUSED KILLER OF PARAPLEGICS TO PROCEED

{LEAD} Defense lawyers for Michael Logan, accused of gunning down two paraplegics during an alleged drug deal last July, tried to persuade a Circuit Court judge on Thursday to throw out the case because, they say, police destroyed key evidence.

But Judge John K. Moore said that the destroyed evidence - a legal pad listing about 73 names and phone numbers of potential drug customers, which the defense believes could clear Logan - is not enough to show that Logan's rights would be denied if he was put on trial. Judge Moore ordered the case to proceed.

{REST} ``We were obviously disappointed,'' said Logan's defense attorney, Stephen Mahan. ``It certainly hampers our decision to present a defense because it denies us access to people who might have firsthand knowledge'' of the shooting.

Police discovered the list in the car of the paraplegics - Brian Scott, 23, and James S. Davis, 20 - who were shot to death on July 10.

Detective Robert Sager was given the legal pad at the crime scene, but threw it away several weeks later because he thought it was not important. Sager has since been disciplined, police said, because all items found at a crime scene should be kept and logged. Police would not say what the discipline entailed.

``I threw it in the trash can,'' Sager testified. ``It had no evidentiary value to me. . . . It was personal property and the family didn't want it.''

Prosecutors originally denied that the legal pad was a drug list but changed their minds in court Thursday. Still, they contend, what the pad contained could only be considered speculation.

The defense disagreed and said the list of names and numbers could help them in two ways: It could shed light on who may have had a motive for the double shooting. And if the prosecution's witnesses names are on the drug list, the defense could call their credibility into question.

Prosecutors say they have other evidence that supports the case against Logan.

David Williamson, 17, who police also arrested in connection with the shooting, says Logan was the triggerman. Also, Logan's roommate is expected to testify that Logan admitted to him that Logan shot both men.

The trial is scheduled to begin on Monday and is expected to last two weeks. If found guilty, Logan could receive the death penalty.

{KEYWORDS} MURDER TRIAL SHOOTING

by CNB