Defense attacks theory in Rudin’s cause of death

Kim Smith

Monday, April 16, 2001 | 11:39 a.m.

Margaret Rudin's defense attorneys didn't waste any time this morning attacking the state's theory of how Ronald Rudin died. Their first witness told jurors that the remains found at Nelson's Landing were not burned there.

John DeHan, a criminalist with more than 30 years of experience, also testified he told the police three months after the remains were found that he didn't believe they had been consumed at the site.

Once he told them he disagreed with their theory, DeHan said he was not asked to write a report on his findings.

Today kicks off Rudin's defense. DeHan is just one of many forensic experts who are expected to cast doubt on the state's theory of the case.

Rudin, 56, is accused of shooting and decapitating her husband, Ronald Rudin, 64, in his bed as he slept on Dec. 18, 1994. Prosecutors further claim that Rudin and at least one other accomplice set a trunk carrying his remains on fire at Lake Mohave.

The real estate developer's skull and charred remains were found by fishermen on Jan. 21, 1995.

Unlike the state's case, which lasted more than six weeks, the defense case is expected to take about one week.

The vast majority of the defense will center around the physical evidence in the case.

In addition to the burning of the remains, the defense will have to counter testimony from forensic experts that blood in Ronald Rudin's bedroom matches that of a handkerchief found in his bathroom. The defense attorneys have claimed that the blood can be explained through nosebleeds and rectal bleeding.

They also will have to address Margaret Rudin's flight after her indictment in April 1997 on wiretapping, conspiracy and murder charges, local attorneys agree. She eluded authorities until November 1999, when she was arrested while living under an assumed name in Revere, Mass.

Prosecutors Gary Guymon and Chris Owens will likely hammer on her flight during their closing argument, defense attorney Osvaldo "Ozzie" Fumo said.

In fact, jurors will also be given instructions that indicate they can assume her flight was indicative of a "consciousness of guilty," Fumo said.

Fumo said he believes Rudin's flight is the only thing standing between her and an acquittal.

"If they can answer the jurors' questions (as to why she fled) to their satisfaction, the defense has a winner," Fumo said.

Peter Christiansen, another defense attorney, said he would like to see the flight question answered as well. There are two other areas he would like to see explored as well.

"The defense needs to raise doubts as to the forensic evidence that puts Ronald Rudin's blood in areas of the bedroom that couldn't be explained by nose bleeds," Christiansen said.

Defense attorney Bill Terry said that if the defense can cast doubt on the state's theory that Ronald Rudin died in his bedroom, then the rest of the state's case will be thrown into doubt.

"If they can drive home that point, they've got a win," Terry said.

In addition, Christiansen said, he wants to know why Rudin converted her husband's bedroom into an office before anyone knew he was dead.

Defense attorney Robert Draskovich said that while Amador has hinted that Ronald Rudin's trustees killed him, the defense needs to prove that someone other than Rudin committed the deed.

"Jurors hate to acquit someone and leave it hanging," Draskovich said. "They hate the empty-chair defense. The defense has got to give them a palpable third-party suspect."

As for Rudin taking the stand, the attorneys said it will be tough call.

"If Gary Guymon gets control of her on the stand, there could be some problems for the defense," Fumo said. "It will be a chess match between Pitaro and Guymon if she does take the stand."

Christiansen said Rudin has to testify.

"I think I've called two defendants to the stand in my whole life, but if she doesn't get up there and explain why she ran, the state can hammer on her for running in their closing and that can definitely leave a bad taste in the jurors' mouths," Christiansen said.