09/30/2002

Associated Press

A grand jury hearing evidence against Ward Weaver will not get to hear an audio tape he made for his daughter and sister from jail, Judge Robert Selander has ruled.

Weaver, 39, made the tape the same day investigators dug up Ashley Pond's remains from beneath a concrete slab behind his rented home. The body of Miranda Gaddis was discovered the day before, in a shed behind the home.

Hours before Monday's ruling, the defense team petitioned the Oregon Supreme Court to intervene and keep Selander from hearing the tape. The court denied the petition.

Ward Weaver (KGW File Photo)

The contents of the tape have not been made public, but Weaver's attorneys said the tape is protected by the right against self-incrimination and the right of attorney-client privilege.

Defense attorneys argued Weaver made the tape with the understanding his attorneys would review it before passing it along to Ward's 12-year-old daughter.

"Regardless, if he's singing the ABCs on there, we don't want other people reviewing it," said Rich Wolf, Weaver's attorney.

The Clackamas County district attorney's office thinks the tape is important enough that it might ask the Oregon Supreme Court to review Selander's decision.

"The difficulty we have in reaching that decision is that there was no explanation form the court explaining the court's rationale," said Matt Mattox, a senior deputy district attorney.

The grand jury will continue to consider charges against Weaver, who remains in the Clackamas County Jail on an unrelated rape charge.

An indictment in the Oregon City girls' case is expected by the end of the week.

(Copyright 2002 by The Associated Press. All Rights Reserved.)