Du Pont Defense Readies For First Hearing In Court A District Justice Is Scheduled To Review The Validity Of The Charges Today. Still Unresolved Was A Defense Request For All Related Prosecution Material.

Posted: February 09, 1996

Barring a last-minute postponement, a district justice will hear testimony today detailing how Olympic wrestler Dave Schultz was shot dead and why millionaire John E. du Pont has been charged with the Jan. 26 slaying.

The preliminary hearing will be the first time du Pont has appeared in court since he was whisked off to Delaware County Prison following his Jan. 28 arrest on murder charges.

Still unresolved yesterday was a defense request asking that the prosecution turn over all material it has that is related to the case, including any weapons found in Schultz's Toyota. A police search turned up a .22-caliber rifle in the car.

The prosecution has a request outstanding that du Pont comply with routine procedures at the county prison, including a physical examination. Du Pont has refused to take the exam since arriving at the prison after a two-day standoff with police on his Newtown Township estate.

On Wednesday, Du Pont underwent neurological tests and a physical examination requested by the defense at the University of Pennsylvania Medical Center.

Both sides had little to say yesterday.

``We are focused on the task at hand, which is the preliminary hearing,'' said Assistant District Attorney Joseph Grace.

Defense lawyers could not be reached for comment.

During the hearing, the prosecution must prove that a crime was committed and that there is probable cause to believe du Pont did it. If the prosecution makes that case, Newtown District Justice David Videon can order du Pont to stand trial.

In a petition filed Tuesday, du Pont's lawyers requested that all evidence be turned over before the hearing. Among the materials sought was ``a weapon or weapons in the car of Dave Schultz,'' according to a letter from defense lawyer William Lamb to the prosecution.

An inventory of items in the car included a J.C. Higgins Model 43 .22-caliber rifle. According to a spokesman for the National Rifle Association, the rifle is a Sears product usually used for small-game hunting and target practice. A Sears spokesman said the chain stopped selling J.C. Higgins rifles in 1962.

According to Theresa Chaid, a friend of the Schultz family who is married to Dan Chaid, a wrestler who lived on du Pont's Foxcatcher estate, Schultz had a gun.

``Dave carried a gun with him wherever he went,'' Theresa Chaid said. ``He was an avid hunter.

``He would shoot enough during hunting season to last the whole year. . . . He was always on the lookout for game,'' she said.

Dan Chaid recently filed a civil suit in federal court against du Pont, contending that the heir to the chemical company fortune pointed a gun at Chaid and ordered him off the estate last fall.

Officials at the Media courthouse were preparing for a media crush today - nearly half of the seats in Courtroom 1, where the 10 a.m. hearing will be heard, have been reserved for reporters.

``The courtroom can hold 160 to 180 people,'' said court administrator Gerald C. Montella. Montella said he had had media inquiries from as far away as California.

``We're reserving about 30 seats for the two sides - family and support staff - and another 80 for the media. So that leaves only 30 to 50 seats for spectators,'' Montella said.

On Sunday, Schultz will be remembered during a service at the Palestra, on the University of Pennsylvania campus, on 33d Street between Walnut and Spruce Streets.

The ceremony will begin at 3 p.m. It will be preceded by an hour of open-mat wrestling for children, from 1:45 to 2:45 p.m., a tradition before a wrestling competition.

Schultz's brother, Mark, and father, Philip, are scheduled to make remarks. Also on the list of speakers are Larry Sciacchetano, president of USA Wrestling; Valentin Jordanov, a coach for Team Foxcatcher who lived on du Pont's estate; former Olympic coach Jim Humphrey; 1992 Olympic wrestler Chris Campbell; Stanford University wrestling coach Chris Horpel; and Penn's coach, Roger Reina.

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