evidence.  A well-founded case, based on a competent investigation, need not be protected from scrutiny.

It is preposterous that a major criminal trial should begin while forensic results are still pending.  Yet that is what happened.  In effect, Zeigler was caught in a bind between his right to discovery and his right to a speedy trial.

Eagan applied the bind and tightened it in a way that seems almost punitive.  He opposed all of Terry Hadley's motions for a continuance, even though Hadley, his former assistant, declared in court that he was running out of time to prepare adequately.  A short continuance would have cost the state nothing at trial, except for the obvious advantage of contending with an opponent who was not fully prepared.

Eagan must also take some responsibility for the shoddy investigation; he was at the scene on Christmas Eve, and the OCSO consulted closely with him and his office.

Lastly, Eagan's attempt to interject gutter gossip into the process cannot pass without mention.  Cheryl Clafler's statement was so inconsistent with the known facts that it ought to have been put aside, not brought to trial.  Don Frye's grand jury allegations about Zeigler's character would have been slanderous in another forum.

Frye defended his testimony on the grounds that hearsay is legally admissible before the grand jury.  Furthermore, he said, he was not claiming it to be true, only laying it out for the panel to consider. But mere legality is a poor shelter in this instance; some minimal standards of justness and fairness and rectitude must apply to the work of public officials.  How many of us might become indictable, upon the innocent but mysterious death of a spouse, if gossip from our neighbors and casual acquaintances received the official imprimatur of the authorities?  How many of us might appear guilty if the police were allowed full access to our homes and offices and files, to search for scraps of evidence with which they could selectively cobble together a theory of motive?6

JUDGE PAUL

Of all the setbacks the defense took from the bench, the most disquieting are the denied motions for a continuance.  Judge Paul disregarded Hadley's pleas that he needed an additional two to three weeks, all within the speedy-trial limit, in order to prepare his case.

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6    Records and personal files to which the police had full access in the house and the store demonstrated that Tommy Zeigler had no debts he could not easily service.  The grand jury was never exposed to this evidence.