From: Bob Franken/CNN Congressional Correspondent
In: Washington, D.C.
Posted: 5-6-97

Subject: Sources tell CNN: Whitewater Independent Counsel Starr will not have to appear in Santa Monica court

Independent counsel Kenneth Starr will not have to appear in Santa Monica Superior court in the state trial of Susan McDougal, sources tell CNN.

McDougal has been held in a Los Angeles county jail while she awaits trial on local charges but is under federal custody for civil contempt for refusing to answer questions before a Whitewater grand jury in Little Rock, Ark.

Starr was subpoened Monday but failed to appear in Santa Monica court Tuesday morning. Superior Court Judge Paul Flynn then issued an order for Starr to appear May 22nd.

CNN is told Starr's office has agreed to sign papers certifying that Ms. McDougal is only being held on the civil charges, which will make moot the need for Starr to appear.

There are also questions whether federal regulations permit the issuance of such a subpoena.

McDougal's attorney Mark Garegos, contends that Starr has ordered her to remain in the county lockup among murderers and other violent criminals to pressure her into talking about her involvement in the Whitewater affair.