Читать книгу Genesis... - Welby Thomas Cox Jr. - Страница 10

I was asked by the government attorneys to paraphrase what was said in the phone call. I declined, saying I would rather read the notes I had taken that night. In the notes, Foster basically said I never said the horse was killed on purpose or for the insurance money. He asked me no questions and I got the feeling he was just getting his frustration off his chest. The agent also mentioned that on the night of the horse’s injury, no one doubted that the injury occurred other than as reported. This left the government attorneys in somewhat of a quandary, hearing that an FBI agent had called a witness after the fact. They asked me more questions and I assured them I had received and not made the call. Last I heard Foster had been transferred to Flagstaff, Arizona.

Lake had the last word.

“I conclude, based on the evidence admitted during the trial and the arguments raised in the briefs, that although there is evidence Mr. Lundy had a motive to injure Alydar, to collect the insurance proceeds, and that he had an opportunity, that I am not able to conclude by a preponderance of the evidence that Mr. Lundy is responsible for the death of Alydar,” he said. “There is strong suspicion but the counterbalance is the testimony of two eminent treating veterinarians. I agree it was appropriate to raise it, but I’m not persuaded that the government has sustained its burden by preponderance of the evidence that Mr. Lundy is responsible for the death of Alydar.”

Lundy’s attorney asked for a delay in the sentencing, but Lake replied, “If he’s ruined by the events, it’s because he committed crime… he’s not an innocent victim of circumstances. He’s a convicted felon.”

When questioned about an appeal, Lake replied, “He’s as guilty as sin.” Motion for bond was

denied.

With a sentencing of 54 months being handed down, along with restitution in the amount of $20,473,783 Lundy turned sideways to the judge. He appeared to know this was the end.

Editor’s note: Lundy reported to the federal prison camp in Pensacola, Fla., in February 2001. He completed his sentence in early 2005 and served another three years’ probation. He has lived in the Lexington area in recent years.