THE INOUE, IOU Ir the First Full Public Disclosure 414 of the Events Surrounding the $1.00 Most Controversial Accidental Death in Recent History

KENNEDY THE KOPECKNE THE INOUE, IOU ir The first full public disclosure 414 of the events surrounding the $1.00 most controversial accidental death in recent history...

Here, in the words of Senator Edward M. Kennedy and all the concerned witnesses, is the minute-by-minute account of the accident at the Chappaquiddick Bridge.

• '4.-

RELEASED TO PUBLIC SCRUTINY AT LAST THE OFFICIAL TRANSCRIPT OF THE INQUEST INTO. THE DEATH OF MARY JO KOPECHNE- INCLUDES THE VERBATIM STATEMENTS OF SENATOR EDWARD M. KENNEDY WITH PHOTOGRAPHS

INCLUDES THE FULL TEXT OF JUDGE BOYLE'S DECISION

c• t. Witnesses:

Raymond S. LaRosa Charles C. Teetter A. Robert Malloy

Charles C. Trotter

Joseph Grogan Paul F. Markham John 1. McHugh -

Roo W. Riehrudi

F_stlier Newburgh John B. Crimmins

Wiluesse.s:

Donald R. Mills Russell F. Peachey -

Christopher F. Look ,Jr, Eugene Erich

John N. From

Richard P. Hewitt

Dominick 1. Arena ..-

Father Newburgh ...—

Maryellen Lyons ..... 9Atnesses:

George E. Killen

Robert P. Lucas

Rosemary Keough Susan Tannenbaum Ann Lyons

Affidavits: Certification of Edward V. Keating,

Report of Justice James A. Boyle

Ward

Clerk of the Superior Court

M Kennedy

The Inquest' u published by EVR Production, Inc., a subsidiary of Magnum-Royal Publications, lac..

IiIIINTED IN U.S.A.

......

SECOND DAY

Farmingdale. N. Y. 11735. Special contents eopyright

1560 Broadway, New York, N.Y. 10036 and Lincoln Graphic Arts, Inc., 21)0 Finn Court,

FIRST DAY

INDEX

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THIRD DAY

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111 DAY

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and Lincoln Graphic Arts, Inc.

Pagn No.

_. 126

104

115

14 26 19 49 31 55 38 39 41

75 77 65

2 82

105

112 96 99

105

4.7

, 1970 by CYR Production, Inc

Dukes. ss.

BEFORE: Opening Statement by Judge Boyle and Testimony of

Court

PRESENT:

of Massachusetts,

wealth_

behalf of Fdwurd M. Kennedy.

of a Justice of the Massachusetts Supreme Court and re- nally scheduled for September 3, 1969, restrained by order

scheduled

resume at 2. on p.m.

inquest stenographers. I

it is intended to accomplish, and the rules of procedure and

this Inquest that the reason forts existence, the results that conduct 1 em adopting and orderine, with reasons therefor,

shut stoke due notice thereof and be duly forewarned. where advisable, should be pronounced, to the end that all

emplify a public poLlcy that the inquest serves as an aid in the achievement of justice in obtaining information as to whether or not a crime has been committed, so says our Massachusetts

primary object of an Inquest is to ascertain the facts, to de- committed says the Masuichmetts Supreme Court in 1969. Inquests are, of cotuse, primarily for cide the question of whether or not criminal proceedings shall

the purpose of tukert•ining whetter or not any crime has been be instituted Against the person or persons responsible for the Memorandum of Law.

death. Massachusetts Law Quarterly 1925. duty of the Court to seek out and receive any and all infor-

prosecution of anybody. II is not a trial of anyone. It is the mation and testimony which is relevant, pertinent nod mate- contributed to the death and conversely to reject that which rial to the

Court to decline to receive such improper testimony to the end that penults innocent of any criminal involvement be not

Injured In reputation.

that apply in criminal cases, it is as much the duty of lilt niched to the District Attorney or adversary proceeding, transcript of testimony will not be fur. rather as an aide to Ma Court in the presentation of testimony This

to examine witnesses,

necessary. and °Mein additional information if it

Hon. James A. Boyle, Justice of the Edgartown District

Edmund Din's, District Attorney for the Southern District

Peter Gay, Assistant District Attorney, for the Common-

Armand Fernandes, Ambient District Attorney,

Thomas Teller, Clerk of Courts

Edward B. Handy, Esq. and Robert G. Clerk, Jr., Esq., in

Ilelen S. 'fyra, Temporary Court Officer

Harold T. McNeil and Sidney R. Lipman

MR. TELLER. The inquest ix: Mary Jo Kopechno origi-

'THE COURT. Today. The Court will recess for lunch at 1:00 p.m. and will

TIIECOURT. It appear" to be appropriate at the outset of

not.

[Sidney R. Demon and Harold T. McNeil sworn so official

The pertinent statutory proetedinga In Massachusetts ex-

I urn grateful to you, Mr. Huffy, for your very accurate

MR. HANIFY. Thank you, your Honor. THE COURT. An inquest

Although the Judge

The District Attorney. who maim an option by the For the reasons stated shove and because this is nor an

assistance does not relieve the Court of the duty to seek

COMMONWEALTH OF MASSACHUSETTS

for

tille5I1011 as

today, will now begin.

Edward M. Kennedy

FIRST DAY

to whether criminal conduct caused or

does

not hound by the rules of evidence

not function 1111 a prosecutor but

Official Court Stenographers.

an investigation. It Le not a

Edgartown District Court

Edgart own , Massachuwatts

Monday, January 5,1970

Law

Quarterly 1921. The

considers

such to Ire

mints

represented during their appearance In tit courtroom by

tottered for the sole purpose of advice or constitutional rights

against self-incriminationand, where approptiale, on privi-

leged communicationand for no other purpose, and counsel

justice will be served! will rebut this rule. If counsel has guide leaves the email

for that witness will ICONS the courtroom when the witness Imp

personal facilities of the curothouse do nut allow it said much

nepiuntion will have any value. ceive it. some have been closely associated, to 1 question that their time tun elapsed, many witnesses have been interviewed by the press, some have previously testified in another

discuss their testimony with anyone except his or her counsel

until the transcript of the testimony and the Court's report such counsel is ordered not to discuss the testimony of one have been made public. There may be wane difficulty in thin regard as to those witnesses who hare the taros counsel, no

client with another client. Witnesses, if not fully briefed by counsel before testifying, will be Weikel by the Court as to

nal prosecution. However, nothing in thin ennounrninent prevent pro-trial publicity In the event of their constitutional right not to incriminate themselves.

Judicial Court. As I interpret Dist decision. the purpose is to

force outside and nay publish which is oonjectural or dis- would jeopardize that. Therefore, since the press is here in torted, it in my intention to release this renouncement to the

District Attorney's office in presenting n memorandum or

purposes of the letter which your Honor has sent to the news media.

Including two trips to Boston. However, in preparing the

and we found it to be excellent and we agree with the law he brief;

stated in his brief. brief or memorandum, Mr. Ilanify's brief cause to our office

room and we have a lam library. You are not limited to go found and in fact we found nothing different than whet he

morning or fur • day. It is not our intention to force you to remain in some closed enclosure, some small enclosure here

witnesses to leave. We have a room here, the scrolled ploy tinting may be such as some witnesses may be excused for a there moll you ate needed here.

leave and go through that door, because you are going in a with the District Attorney the question of whether or not the I would like to express my appreciation of room in that direction.

pleasant tribute to my memorandum. 1 am delighted that we

for • seem lobe in accord with respect to the nuure of she presen-

relax that ruk if it is necessary. I take it that in substance -

will leave with witnesses, with that witness and that you will honor, I Pat wanted to be opinion. tation made therein. some other rule, I will be excused and will riot be permitted

counsel for Edward M. Kennedy, I will be permitted with

Judge Clark to be here while he testifies, but unless you make

any

to remain. fully make it.

Witnesses will come into the courtroom ...singly; may be

If circumstances arise where in my opinion the cause of

I will not exercise the option to separate witnesses. The

However, witnesses after testifying are ordered not to

The inquest has been closed by the Massachusetts Supremo

MR. FERNANI)ES: If your Honor please, solely for the

TILE COURT: We aro short of facilities. I will now ask the

tAli witim.es left the room.)

MR. EIANIFY: Might I address your Honor for a moment?

I note diet your Honor has said that witnesses - counsel

THE COURT: That is

TI1E COURT: If the circumstances warrant it in my

MR. DAMIEN', Well. what I wanted —

MR' HANIFY: In your opinion. 1 understand that, your l testimony which will be helpful and material I will re-

THE COURT: Yes

TILE COURT: You MR. HANIFY: Thank you, your Honor Tn the extent of

MR. RAMIFY'. Is that corree0

mord

length of time. For the moment at least witnesses will

concerned where you ore, and I want to discus. Inter

a reply, we did o significant amount of research

foe preservation of right; on that point.

mini,

not

VAR so iiir

quite who I wail, but -

as 1 am concerned us

subsequent crimi-

Mr.

Fernandes'

moat

respect-

and

some foundation hat been made such as to indicate that that that that indicate to as such made been hat foundation some

type of testimony may be relevant. relevant. be may testimony of type

cerning certain telephone calla made with the credit card of of card credit the with made calla telephone certain cerning

legal amlslunu remain. remain. amlslunu legal

anybody but courant courant but anybody

Edward M. Kennedy on July the 18th and the morning of the the of morning the and 18th the July on Kennedy M. Edward

Robert Malloy fon purposes al obtaining Information con- Information obtaining al purposes fon Malloy Robert

attorneys-at-law, members of your staff remain m the court. court. the m remain staff your of members attorneys-at-law,

will he the Telephone Company representative, s Mr. A. A. Mr. s representative, Company Telephone the he will

mom. mom.

question. question. Commissioners and I remind the information thet occasion- thet information the remind I and Commissioners

Court. We are haring a problem with the County Treasurer Treasurer County the with problem a haring are We Court.

ally your Honor her fulfilled that role. role. that fulfilled her Honor your ally

Honor orders. orders. Honor

been denied. denied. been sion not concerning dtreetly this particular matter before the the before matter particular this dtreetly concerning not sion

have presented that to the County Trearaner and we inane inane we and Trearaner County the to that presented have

certain expenditures for purposes of investigation and we we and investigation of purposes for expenditures certain

under the statute, Chapter 12 which authoriaes me to make make to me authoriaes which 12 Chapter statute, the under the court room/ room/ court the

head 01 this Unsettle/lion end Corporal Enna of the State State the of Enna Corporal end Unsettle/lion this 01 head

the County Treasurer to pay these hills which I have &tsunami &tsunami have I which hills these pay to Treasurer County the getting • mandatory order from the Superior Court ordering ordering Court Superior the from order mandatory • getting Police who has been unnamed to me during this investigation. investigation. this during me to unnamed been has who Police

Mr. Fernandes, Lieutenant Killen of the Stale Police who is is who Police Stale the of Killen Lieutenant Fernandes, Mr. stand, I think, the scope and nature of your comments and and comments your of nature and scope the think, I stand,

appreciate very much your kindneas In further elucidating. elucidating. further In kindneas your much very appreciate Court in this order, but I didn't want an attorney who heard heard who attorney an want didn't I but order, this in Court tion with ins this morning is Mr. Guy, my first outrun!, outrun!, first my Guy, Mr. is morning this ins with tion

is counsel for the County in that capacity. capacity. that in County the for counsel is

his before testifying what the testifying witness hes said. said. hes witness testifying the what testifying before his

Jews for opinions. opinions. for Jews

don't know who the first witness is going to he he to going is witness first the who know don't

conflict of interest; the duly to the client and the duty to the the to duty the and client the to duly the interest; of conflict

Court that It shouldn't be disclosed In anybody else except except else anybody In disclosed be shouldn't It that Court

very substantial number of witnesses. I saw a possibility of of possibility a saw I witnesses. of number substantial very his staff. staff. his

counsel wilt be excused except for the District Attorney arid arid Attorney District the for except excused be wilt counsel

sect sect

to time the County Commis/toter:I present me questions of of questions me present Commis/toter:I County the time to

have one situation where where situation one have

what one witness and to disclose to another wit news-client of of news-client wit another to disclose to and witness one what

with regards to the payment. We understand that your Honor Honor your that understand We payment. the to regards with

because, of course, course, of because,

this would be equivalent to disclosing it to the attorney, attorney, the to it disclosing to equivalent be would this

that I earaone because of an attorney-client tele tionithip that that tionithip tele attorney-client an of because earaone I that because of the secrecy imposed by the Supreme Judicial Judicial Supreme the by imposed secrecy the of because

to another prospective witness what has been said; and two, two, and said; been has what witness prospective another to

testified I do not wish that witness, number elle, to disclose disclose to elle, number witness, that wish not do I testified

course, course,

respect to WillIESSOS conferring only with their coon., after after coon., their with only conferring WillIESSOS to respect

testifying is an implicit inatruction to all counsel present, of of present, counsel all to inatruction implicit an is testifying

9th. 9th.

THE COURT: I niy,gral otherwsse, in the first place until until place first the in otherwsse, niy,gral I COURT: THE

THE COURT: And I would prefer that you and your two two your and you that prefer would I And COURT: THE

THE COURT: And I want to he just as importirl as we we as importirl as just he to want I And COURT: THE

THE COURT: I will not allow other counsel to bring In In bring to counsel other allow not will I COURT: THE

MR. DINIS: Well. the only problem, your Honor, with with Honor, your problem, only the Well. DINIS: MR.

THE COURT: I would prefer that only your legal staff, staff, legal your only that prefer would I COURT: THE

MR. DINIS: Your Horror, Ike frrat witness we want to call call to want we witness frrat Ike Horror, Your DINIS: MR.

THE COURT. Only when they present me with • spot spot • with me present they when Only COURT. THE

MR. DINIS: Your Honor, you have our full cooperation. cooperation. full our have you Honor, Your DINIS: MR.

THE COURT: Is there anything I sae de about it? it? about de sae I anything there Is COURT: THE

MR. DINIS: Well, your Honor, I yield to whatever your your whatever to yield I Honor, your Well, DINIS: MR.

I. there any objection that any of these partite remain In In remain partite these of any that objection any there I.

MR. DIMS. That is fine. fine. is That DIMS. MR.

MR. DINIS: I see, your Honor. For purpose, of clarifica- of purpose, For Honor. your see, I DINIS: MR.

THE COURT: No, the County har no counsel. From time time From counsel. no har County the No, COURT: THE

(All counsel left the room.) room.) the left counsel (All

THE COURT: I might add that this la simply because I I because simply la this that add might I COURT: THE

THE COURT: If there ix nothing further to he raid, all all raid, he to further nothing ix there If COURT: THE

MR. DINIS. 01 course. this is going to necessitate our our necessitate to going is this course. 01 DINIS. MR.

MR. DIMS: Wel1,1 inquired as to who counseb counseb who to as inquired Wel1,1 DIMS: MR. MR. DINIS: If your Honor plea., may we have a discus- a have we may plea., Honor your If DINIS: MR.

THE THE

MR. HANIFY: Thank you, your your you, Thank HANIFY: MR.

TIIE COURT: Yes. Yes. COURT: TIIE

I oleo gather that the instructions which you gave with with gave you which instructions the that gather oleo I

MR. IIANIFY, Aud are not to diacusa with the prose what what prose the with diacusa to not are Aud IIANIFY, MR.

COURT: The purpose a that once a witness has has witness a once that a purpose The COURT:

at at

we we

are to respect the privacy of the the of privacy the respect to are

the the

attorney has heard It here, but we do do we but here, It heard has attorney

one one

group of lawyers represents represents lawyers of group

Honor. 1 1 Honor.

quite under- quite

the the

proceeding. proceeding.

County County

can. can.

A I had made no such erransements myself. myself. erransements such no made had I A

Q Q

A Yes,1 do. do. Yes,1 A

Q Q

A Well, I had entered my boat in the regatta and had listed listed had and regatta the in boat my entered had I Well, A

A Well, I had planned to participate in the regatta far some some far regatta the in participate to planned had I Well, A

Q When were these plans made? made? plans these were When Q

A There were plain to participate in an annual salting regatta regatta salting annual an in participate to plain were There A

Q And whet were these plants, Mr. Kennedy? Kennedy? Mr. plants, these were whet And Q

0 Directing your attention to lily 1.8, 1969, were there there were 1969, 1.8, lily to attention your Directing 0

A 3 Charles River Square, Boston. Boston. Square, River Charles 3 A

Q Please give your name to the Court Court the to name your give Please Q

A There were.. were.. There A

A Edward Moore Kennedy. Kennedy. Moore Edward A

EXAMINATION BY MR. DINIS: DINIS: MR. BY EXAMINATION

Court Court

of Massachusetts, Massachusetts, of

Before: Before:

Court to be called he the driver of the automobile, Edward M. M. Edward automobile, the of driver the he called be to Court

outside — that Mr. Kennedy and hit counsel come in in come counsel hit and Kennedy Mr. that — outside

location. location.

behalf behalf

excuse hint? hint? excuse

hare any preference in that direction? direction? that in preference any hare

wealth. wealth.

that is that this gentleman Is here today. Do you want us to to us want you Do today. here Is gentleman this that is that Preterit: Preterit:

cation? The wit Donee will be seated when they testify? testify? they when seated be will Donee wit The cation? door. door.

think that I prefer that everybody come In end go out this this out go end In come everybody that prefer I that think

witness. witness.

Kennedy. Kennedy.

Chappaqulddick? Chappaqulddick?

Laurin, Laurin,

gathering that we Juvenal dismared? dismared? Juvenal we that gathering

Do you know who did? did? who know you Do

Were there any arrangement, made to rent a house en en house a rent to made arrangement, any there Were

any crew crew any

period of weeks. weeks. of period

Saturday, July 191h, and with my cousin Joe Gingen, Gingen, Joe cousin my with and 191h, July Saturday, A rid wore there any particular arrangements merle fin this this fin merle arrangements particular any there wore rid A

a number of other Individualt, Individualt, other of number a

m Edgartown on the dates of Friday, July 18th and and 18th July Friday, of dates the on Edgartown m

THE COURT' Senator, would you take the witness mend? mend? witness the take you would Senator, COURT' THE

Mr. Markham, Mr. LaRosa and n number of other people, people, other of number n and LaRosa Mr. Markham, Mr.

plans made by you to have • gathering on Martha'a Vine- Vine- Martha'a on gathering • have to you by made plans

Thomas TO., Clerk of Courts Courts of Clerk TO., Thomas

yard Island? Island? yard

SENATOR KENNEDY. Yes. Yes. KENNEDY. SENATOR

And where la your legal main:learn, Mr. Kennedy? Kennedy? Mr. main:learn, legal your la where And

Harold T. McNeil and Sidney It. Lipman, Lipman, It. Sidney and McNeil T. Harold

THE COURT: When examining, and you are in a good good a in are you and examining, When COURT: THE

THE COURT: I prefer they stand. stand. they prefer I COURT: THE

THE COURT: If they stand or he seated? seated? he or stand they If COURT: THE

Edmund Dints, District Attorney for the Southern District District Southern the for Attorney District Dints, Edmund

THE COURT. If they with. with. they If COURT. THE

THE COURT: I merely suggest that he not be the first first the be not he that suggest merely I COURT: THE Peter Gay, Militant District Attorney, for the Common- the for Attorney, District Militant Gay, Peter

MR. DINIS: Yes, your Honor. Honor. your Yes, DINIS: MR.

MR. DIMS: With regards to counsel, doe. your Honor Honor your doe. counsel, to regards With DIMS: MR.

Hon. James A Boyle, Justice of the Filmic the of Justice Boyle, A James Hon.

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen

THE COURT THE

Edward B. Handy, Esq. and Robert G. Clark, Jr., Esq., Esq., Jr., Clark, G. Robert and Esq. Handy, B. Edward

MR. DINIS: All right. The next witness we suggest to the the to suggest we witness next The right. All DINIS: MR.

MR. DINIS: So he it. it. he So DINIS: MR.

Armand Fernandes, Assistant District Attorney, Attorney, District Assistant Fernandes, Armand

Mk. DINIS: ff your Honor Please, may there he a clarifi- a he there may Please, Honor your ff DINIS: Mk.

of Edward Edward of

Joe Joe

Gorgon. Gorgon.

DWARL) DWARL)

had made those Arrangements through my my through Arrangements those made had

- -

All right. Would you ask — Ibrie a in officer officer in a Ibrie — ask you Would right. All

EDWARD M. KENNEDY KENNEDY M. EDWARD

Kennedy Kennedy

TESTIMONY TESTIMONY

M KENNEDY. Sworn Sworn KENNEDY. M

OF OF

Official Coed Stenographer.. Stenographer.. Coed Official

Edganown, Massachusetts Massachusetts Edganown,

Monday, Monday,

January 5, 1970 1970 5, January

town District District town

and and

In In

I I

Q May we have that name? name? that have we May Q

Q Could you tell tire Court what yarn activities were during during were activities yarn what Court tire tell you Could Q

Q And where did you stay, Senator? Senator? stay, you did where And Q

A No, I arrived by myself. myself. by arrived I No, A Q

Q Q

A 0lulylri about I o'clock. o'clock. I about 0lulylri A

A Mr,(.; Mr,(.; A

A Well, at tine Shiretown Inn. Inn. Shiretown tine at Well, A

A T A

A Well. I arrived shortly oft. I o'clock on July 18th, 18th, July on o'clock I oft. shortly arrived I Well. A

Q Did your nephew, Joseph Kennedy, stay there? there? stay Kennedy, Joseph nephew, your Did Q

Q Wasanyone else in your partyslayingat the Shiretown Inn? Inn? Shiretown the partyslayingat your in else Wasanyone Q

A Sometime after 6:30, before 7 o'clock, o'clock, 7 before 6:30, after Sometime A

Q When did you check Into the Shiretown Inn that day? day? that Inn Shiretown the Into check you did When Q

1.) And these friends that you had some conversation with et et with conversation some had you that friends these And 1.)

Q Now, following your checking{ in at the Shiretown Shiretown the at in checking{ your following Now, Q

A Nut to my knowledge. knowledge. my to Nut A

A My COUrin Joe G•rgan. G•rgan. Joe COUrin My A

Q What time did you return to Chappaquiddick Island at at Island Chappaquiddick to return you did time What Q

A I returned to my room, visited with a few friends just prior prior just friends few a with visited room, my to returned I A

Q May we have them? them? have we May Q

A It was sometime shortly after 7 o'clock, o'clock, 7 after shortly sometime was It A

A Well, they ore Mr. Rosa Richards; I believe Mr. Stanley Stanley Mr. believe I Richards; Rosa Mr. ore they Well, A

A Ids. Ids. A

Q About that time. Now, Now, time. that About Q

Q Now, you ray you returned to Chappaquiddick around around Chappaquiddick to returned you ray you Now, Q

A I believe it was 9. 7 or 9. 9. or 7 9. was it believe I A

A Martlu'a Vineyard Inland, Inland, Vineyard Martlu'a A

0 Now, when you left the Shiretown Inn and returned to to returned and Inn Shiretown the left you when Now, 0

Q But But Q

Q I believe you did state in one of your prepared statements statements prepared your of one in state did you believe I Q

A Never been on Chappaquiddick Island before that day. day. that before Island Chappaquiddick on been Never A

A About 7:30. 7:30. About A

A r A

A Never been to Chappaqulddick berme 1:30 on the day of of day the on 1:30 berme Chappaqulddick to been Never A

tion...athwart. gathering? gathering? tion...athwart.

suit, returned to the ferry slip and waded out to my boat, boat, my to out waded and slip ferry the to returned suit,

changed into s bathing suit, later visited the beach on I I on beach the visited later suit, bathing s into changed

a brief stop to pick up some fried clams, traveled by ferry ferry by traveled clams, fried some up pick to stop brief a met by Mr. John B. Crimmins, driven through town, made made town, through driven Crimmins, B. John Mr. by met

that efternoon from the time of your arrival? arrival? your of time the from efternoon that

imagine the east side of that island for a brief rwirn, re. re. rwirn, brief a for island that of side east the imagine

to Chappaquiddick Island to a small cottage there where I I where there cottage small a to Island Chappaquiddick to

approximately 6 o'clock. o'clock. 6 approximately

turned to the cottage and changed into another bathing bathing another into changed and cottage the to turned

Shiretown Inn, washed up briefly and returned to ChaPPe ChaPPe to returned and briefly up washed Inn, Shiretown

the VICTORIA, later participated in a race which ended ended which race a in participated later VICTORIA, the

what were your activities alter [h.? [h.? alter activities your were what

quiddick Wand. Wand. quiddick

the room of the Shit the of room the

to returning to that room on the porch which Is outside outside Is which porch the on room that to returning to

the Shiretown, do you have their names? names? their have you do Shiretown, the

that lone? lone? that

rtayme rtayme

the names, l know the other members of his Clare, but I I but Clare, his of members other the know l names, the

their crew, maybe Mrs. Richards, I am not familiar with with familiar not am I Richards, Mrs. maybe crew, their

Monte was there that evening, and perhaps one or two two or one perhaps and evening, that there was Monte would ray a group of approximately five or ads ads or five approximately of group a ray would

of Chappaquiddick? Had you you Had Chappaquiddick? of

Do you mull the number of the room in which you were were you which in room the of number the mull you Do

Chappaqulddick mound 7:30 p.m., was there anyone with with anyone there was p.m., 7:30 mound Chappaqulddick

7:30 p.m.? p.m.? 7:30

THE WITNESS. Yea.1, did. did. Yea.1, WITNESS. THE

that you had been visit ing this island for about thirty yeas? yeas? thirty about for island this ing visit been had you that

THBCOURT. Did you travel over the Dike Bridge to go to to go to Bridge Dike the over travel you Did THBCOURT.

THE WITNESS, That it toned. toned. it That WITNESS, THE

question? You said you look s swim swim s look you said You question?

TILE COURT. Might I just Muman a moment and ask this this ask and moment a Muman just I Might COURT. TILE

Island Friday afternoon? afternoon? Friday Island

by Mr Crimmins to the cottage and to the beach, returned returned beach, the to and cottage the to Crimmins Mr by

to the cottage subsequent to the point of rendevour with with rendevour of point the to subsequent cottage the to

noon upon arrival on Chappaquiddick Island as al the Urns Urns the al as Island Chappaquiddick on arrival upon noon

that I war met at Martha's Vineyard Airport 1 win driven driven win 1 Airport Vineyard Martha's at met war I that

fr your Honor would permit me, at the time of the after- the of time the at me, permit would Honor your fr

the beach on that swim? swim? that on beach the

the VICTORIA. VICTORIA. the

:00 i,. i,. :00

Gri

7 7

Crimmins. Crimmins.

yot

rgan

liad never been to Chappaquiddick? Chappaquiddick? to been never liad

. When did you arrive on the Island in conjunc- conjunc- in Island the on arrive you did When .

cl cl

ne with you? you? with ne

clown — outside my room at the the at room my outside — clown

were were

you familiar with the bland bland the with familiar you

been been

there before? before? there

on on

Chappaquiddick Chappaquiddick

was was

al al

Q Whet automobile was being used al that time? time? that al used being was automobile Whet Q

A A four-door Oldsmobile 88. 88. Oldsmobile four-door A A

Q When you returned? returned? you When Q

Q Ilad there been anyone there when you changed your your changed you when there anyone been there Ilad Q

A No, I don't belkve so. so. belkve don't I No, A

Q Was there anyone at the cottage when you arrived there at at there arrived you when cottage the at anyone there Was Q

Q Q

A Not when I first united there. Subsequently a group group a Subsequently there. united first I when Not A

A They were either outside the collage or in its immediate immediate its in or collage the outside either were They A

Q Were a put of the group there later that evening? evening? that later there group the of put a Were Q

A I can only gin thetn in a general way because I am not not am I because way general a in thetn gin only can I A

Q Q

Q Were there any other automobiles at that house on on house that at automobiles other any there Were Q

A No. No. A

• •

Q Were there any persona other than the crew that partici- that crew the than other persona any there Were Q

A Yu, hey were. were. hey Yu, A

A Yea, there were. were. there Yea, A

Q Did you plan on staying overnight? overnight? staying on plan you Did Q

A lust two to my heal knowledge, One other vehicle, so so vehicle, other One knowledge, heal my to two lust A

Q Q

A No,1 did not, not, did No,1 A

A No,1 did not. not. did No,1 A

C. What transpired after you arrived al al arrived you after transpired What C.

A Well, after my arrival I took a bath in the tub that wen wen that tub the in bath a took I arrival my after Well, A

A Well, to my but knowledge I would say 1,30 in the the in 1,30 say would I knowledge but my to Well, A

Q Do you recall who did the cooking? W. there any cooking cooking any there W. cooking? the did who recall you Do Q

A Well, at 8.30 the most of the group arrived and were made made were and arrived group the of most the 8.30 at Well, A

Q Now, did you have dinner at the cottage? cottage? the at dinner have you did Now, Q

Q Wore there any drinks served, cocktails served? served? cocktails served, drinks any there Wore Q

Q And do you recall who performed tine job? job? tine performed who recall you do And Q

A Yes, there was. was. there Yes, A

Q And I believe you uid earlier that Mr. Gorgon was was Gorgon Mr. that earlier uid you believe I And Q

A Well, I tried initially to respond to any of the raqueals of of raqueals the of any to respond to initially tried I Well, A

A Th A

A Well, principally Mr. Coogan. I think the young ladies did did ladies young the think I Coogan. Mr. principally Well, A

THE COURT. Might I ask you lust a question? Who drove drove Who question? a lust you ask I Might COURT. THE

THE WITNESS. No, it was operated Over the Dike Ritchie. Ritchie. Dike the Over operated was it No, WITNESS. THE

ur was It left on the side? side? the on left It was ur

you to the beach? beach? the to you

returned to the cottage after the swim. swim. the after cottage the to returned

swimming sunsuit? in the afternoon? afternoon? the in sunsuit? swimming

7:30 pan.? pan.? 7:30

cottage or outwit at the time that 1 changed. changed. 1 that time the at outwit or cottage

vicinity. I wasn't !Mire whether they were Inside the the Inside were they whether !Mire wasn't I vicinity.

Chappaquiddick that •fternoon? •fternoon? that Chappaquiddick

time and which were m town making arrangements. arrangements. making town m were which and time absolutely sure which people were there at that particular particular that at there were people which sure absolutely

Do you have the names of these persons who were them? them? were who persons these of names the have you Do

pated In the cookout then? then? cookout the In pated

'1110 COURT. When you left? left? you When COURT. '1110

quiddick Island? Island? quiddick

Tain you know how many? many? how know you Tain there were two in total to my best knowledge. knowledge. best my to total in two were there

THE WITNESS. When l left. left. l When WITNESS. THE

morning on July 191h. 191h. July on morning

bland that evening? evening? that bland

Shiretown Inn, and soaked my back, I later was joined by by joined was later I back, my soaked and Inn, Shiretown And how long did you actually stay on Chappaqulddick Chappaqulddick on stay actually you did long how And

enuged m conveuations with Mr. Markham until about about until Markham Mr. with conveuations m enuged

Did you have any plans at that time to stay on Cluppa- on stay to time that at plans any have you Did

available at the cottage, which was not available at the the at available not was which cottage, the at available

arrival at 7,30 p.m.? p.m.? 7,30 at arrival

weir weir

of runt and Coca-Cola. Coca-Cola. and runt of were served a drink, those who wanted thorn, thorn, wanted who those drink, a served were

gentlemen helped in alerting the Ammon fue, and also the the also and fue, Ammon the alerting in helped gentlemen thereafter. thereafter.

8:30, and the rest of the group arrived at 8:30 or shortly shortly or 8:30 at arrived group the of rest the and 8:30,

Mr. Markham who arrived roam time •bout 8 o'clock, o'clock, 8 •bout time roam arrived who Markham Mr.

at that time? time? that at

approximately quarter of 10:00, I would think. think. would I 10:00, of quarter approximately

During this period of time Mr. Crimmins made me a drink drink a me made Crimmins Mr. time of period this During cooking of the steaks, the making of the salad. and so forth. forth. so and salad. the of making the steaks, the of cooking

some of the cooking of the hoc d'ouvres and some of the the of some and d'ouvres hoc the of cooking the of some

of the arrangements of renting the cottage and making making and cottage the renting of arrangements the of

to feel relaxed and al home, enjoyed some hors d'ourres, d'ourres, hors some enjoyed home, al and relaxed feel to

piv

the preparation for the cookout, aa far as you know? know? you as far aa cookout, the for preparation the

individuate made their druiks after that that they wanted wanted they that that after druiks their made individuate

the guests when they arrived and then 1 shrink moat of the the of moat shrink 1 then and arrived they when guests the

E E

WCO

icn

cooked on on cooked

, ,

SW. M SW.

iie

en en

r.rt

wir

outdoor burner by klr by burner outdoor

ityun

rim

? ?

tend bur or have charge of thia thia of charge have or bur tend

. .

teed over the Dike Bridge Bridge Dike the over teed

the the

cuntge after your your after cuntge

. .

Mogen at about about at Mogen

and and

In In

charte charte steaks steaks

'" . didn't appear to me to be

an_

Q Did you have occasion to leave the cottage at any tune A Thal is correct. 1 would say the other

Q Did you leave mom than once?

Q Well, will you please

A That u correct.

A That is correct.

A Well, during the course of the evenin

• Q Would you please tell as about the first time?

A The first t left al approximately 11:15

Q And when you left the second time, did you then return

Q A I was not a one.

A Q What tone did Miss Kopechne arrive at the colla

Q At 8:30 p.m.? A I used - yes, I did. Q Du you know how she arrived?

A My best knowledge opproximately 8:30. Q Do you know who owned that ear?

A That Is correct. Q Do you know who rented It? A lb my beat knowled

Q When you left al I A I believe it woo a rented car.

Q Will you please A Nu. One of the group that was there, f

A Yea, I had.

(

A At 11:15 I was MIkum with Moo Kopechne perhaps for

Q ,Doeg,fi

0 fr

A Yes.

Q A

A I do not.

of the purchasing of foodthe and others got the stuff for the

cookout, Others-some

the other in

THE COURT. Excuse me. Read the question back to me. during

and our ?amities. Some alcoholic bevera

How many tires were

Twitiferent

Sera o?

IQuestion

July 18th and I left a second time, sometime mfter mid-

night, by my best jud

left the cotta

Sometime after I left the se and lime, I returned to cotta

the front door.

Ed Now when you left An the first Ia:15 for the second time. On the second occasion I never

to Ed

evening?

MIrsklary J

And did you ow the 88 Oldsmobile that was later taken brought some of the people to that party. from the river?

Sum.

811N,V any print conversation with her?

She Indicated to me that she was desirous of leaving, If soma minutes before that period of time. I noticed the

rime, desired to leave and return to the Shirstown Inn and indicated to her that sold, well, I'm leaving immediately; spoke with Mr. Crier-

mine. requested the keys for the car and left at that time.

would Chtiy to c

concludin

pocketbook with her at the time you loft/

the other fellows that were ettendin tiring

oun

ard to your activities after 8:30 p.m.?

g a

artown. t did not return immediately to Ed

attending this

ed in conversation and recollections with those that

you know

itance

e which was prohably fifteen or twenty feet outside

that

arlown?

me track to Edgar town.

be kind enou

,SaltunnaLumullg

thg.habankthAt

renal

evening? g

their meal, enjoying the fellov,vihip, and it

redient for the cookout.

ICOpechne

e itself. 1 left the immediate vicinity of the

with_you?

occatio a.

rg:Ici-Mio

ive that

did You leave the

whsther

_pga:me?

roup which were old friends of myself

I, IS with Mira

give us

e she arrived to a white Vahant that

I was

h to drop her back at her hotel.

brou

was with m

ment it would be approximately

Conncrtation to

Me. cthominb

ht the steaks, others brought

leavin

the se

drive_y_tu not MAI kopeChtld had her

necessary

+mouton, were yon atone?

Kopcchne, had you had

and returnin

uence of events with

cottage

g g

entlemen did some

, as I mentioned.]

the

r err or drive you?

es were served.

would say. I'm

ehenled-111fil-

the

as well as some of

the

that evening,

require him to

etnakouf, were

Court?

evening of

to town.

artown.

e that

you?

not

Q Mr. Kennedy, how were you dressed at the lime you left

0 Du you know how Mua Kopechne was itreseard, do You

A In

Q A

Q And on leavin 0 Well.

A /an,..thert.WasabaL Q Did you at any time drive Into

A Well, I Reveled down, I believe it is

Q Did

Q Did you one anyone on the rand between the cotta

A At no time did

A Al no time did 1 buck that car up,

Q A I saw no cow Oa the road

Q Now, would you describe your automobile to the Court?

Q Do you recall Q Your Q Senator, I show you a photo A

A I passed no other vehicle at that time.

A Well,

Q (By Mr. Dinh') I show you two photo A I believe that

Q In examinin

A In tuy best judgment that is my automobile Met

A I would believe that Is my vehicle.

.fteridnanjlikt

recall Chit?

shoes, moccasins, ands buck brace.

and the riot time at

In the front Qolylrom_what 1

And you were driving? That is correct.

No.

lr4 viclOy --

And where was Miss Kopechne seated? in the car Woo there any other person -

Was there that time

pb]ect end to

Under.

right

did you go?

Um bridge that ni

(By Mr. Dials) Did you pass any other mittens at that

THE COURT: TIIE

brid

our

vehicle and I saw no other personend I

went elf

not you can identify that? I do not recall the registration plate.

THE COURT: I think we ou

Till:WITNESS: I have no - identifim (The pleturc was marked Exhibit Na. 1.1 THE COURT: Mn.Kennedy

Yes. MR. DIMS:

location la —

after the accident and he doesn't know the location of

Mark that Exhibit 1, when the automobile is or when tide picture was liken. to identify

it aU? the bridge.

THE COURT: Well, are you

THE COURT: And where they were taken.

MR. DIMS: If your Honor please, these are pholographe

front the water, that testify when them were taken? MR, DINTS:

MR. DINES: Yes, your Honor.

at any time between the time

when

you back that car hp at

pair of

SenitntJJKS

WITNESS: I did not stop the car et any

it is • foul-dour black sedan, Oldsmobile. -

have been taken of the err

Automobile?

ihail

of any size?

at that limy? the

Dyke Road and drove off the bridge at Dike

you left the home at Chappequiddlek •t 11:15,

as his.

any other item, thing, or object In the car at

knowled

scat.

the

bridge.

Yea, you, Honor,

the registration plate, would that help you to be my car.

the

Thu is

the cottage, Senator -Mr. Kennedy, where

Gir:lidl

ht slacks and a dark jersey and I believe

Del li

1 I:15?

automobile In the photographs?

I drive

nwaie lir.%ry;t7

there

1,4n_mgd_h?

ht?

'Ylrfhwthc.

als, you stop the car at any time?

wt.e

istration plate?

. any otherrAlhe

al Mai

the automobile that the Senator

fhil

into Cemetery Road, Killen.

dle

iatili

a_Lti

between the cotta

any tithe?

raph and

rime kisenTwatteother

ht to have a little

wet there any other person

rays

a sweater;

Cemetery

'u..

.176

oin

which

can have that.

ivirsiTlair

- I dltemem

this is his

1 left the

rt:eulat

Muth

17.

ask you whether or

nnt

raph..

I pasted no other

has bean removed

have

did not stop the

iommogli)

ick

I m not conl-

Roed7

eca

Street,

st raid ihind

lime.

Are ti

cotta

any witness

automobile

more.

e and the

d, sl

ell

you able

went off

took a

lime? e and e

ir`1.514L

eks

This

rod

not;

▪

Q toy Mr. Dinial In your conversation with Miss Kopechne

A Prior to that conversation, no.

A To my best

AQA

Q And what were the

Q Do you here an air-conditioner in that car?

A Well, rsy.

Q Were A

A No, I don't.

, .5

rRack to her

THE COURT: You identify the car as being your ear)

THE WITNESS: I do, your llonor, it is

THE COURT: I would prefer that you trait until you

- we couldn - all I want to esiublish sequence in presentin MR, DINTS: May it on the witnem that is

says

THE COURT- Well,

THE COURT: Dc bene. I prefer you wait until you have That is my car. I don't think there is really much question.

MR. DOHS, 1 appreciate that. testimony as to where they technique.

THE WITNESS:

possible, Mr. Dints, any trial techni

the witness to identify it. I went to avoid as much no

that those ate pictures of n

prior to your leaving at 11 .15, did she indicate to you any Now, when you left at I 1 ,15

enormity fur returning to Martha's Vineyard or to Ed

Well when town?

THE COURT: Well, do you know of enyone havin persons remained at the house on Chappaquiddick?

think most of them were there. when I left. I didn't make a count of who before?

THE WITNESS: THE C tBY Mr.

mobde that afternoon or

Well, andI believe

very well have, and I would Lay dotin

we for trensportution.

afternoon it

Edwartown briefly, I couldn't soy of that he used that car

lions that everting/

Some

rood wa 71th COURT`. ?'auto svelolow which were

THE WITNESS your Honor — rtts-,Sa-C THE T/IE COURT' THE COURT-. What at

THE COURT: You don't THE THE WITNESS:1

I Hy

THE COURT: lime about the

THE COURT. Was ih a warm ni THE WITNESS: THE WITNESS. I would Zing it Wall

which were clo aide/ really don't recall. but

driver's side windows wlnelt ones wee open

otA)

. y 1

19ymE

they look like his car and then we will later hove

Mr.

I really have no personaknowledge as to

WITNESS: jraf_a

WITNESS: I woultikapectilt wan open. 1...1 t :

of the

wndl

, 0

Dints) Did anyone else have

URT

1.'NESS:

Dina) Well kl

might

she le( with

call ho Artst_you_same_drivins-Whenyon

were

hotel)

....be

war

ht that hare been?

know, there ere no li

sa;,

QLes

Mr. Trotter borrowed the car to return to

windows were open and seine were closed.

dear extremely derk.Scit

No, I

open or closed. 1 hive mad subse

No, no.

driver's

I would

ment most of them were in the coura

I realty don't remember.

enerally available to any of the

No, I don't,

don'a

OE.10—cenc*IIA

no,

be allowed de

was reasonable amount of

opened or

mean I would rather not get Into the trial

oin cm-lately had access that afternoon

thu evidence

rather than the Valiant, but he may

y..

htin

i.„_Kennedy, was the window on the

riou

you. where was she

or blown open, but at that tans I

dam

that evening?

emember that.

usl....thrivindow art _.your side?

irna4U.r.11.

„f

your

just ray to the best knowled

remember that? Q:e.21_14:

'WWII

Wore taken.

Tkr

eon tons and weathMtrondi.

car that were shown to me.

say

DOW

own knowled

rTvaggr

do you now how many

dosed

winuov7 in the

except on one

ht? tell

Wee.

—L

ue.

rio

hts on that road. The

AILJ

permanently.

-r

access

why own

ho-1

is that the Senator for the purpose of af i1 automobile?

my beat

4 the course of the

your Honor? The

:Lk cool at that hour.

WAS

,ARi ?

IT "1

to your auto-

oin

opened

there, but

knowled

jud

passenger's

humidity.

ened fl

occasion

roup to

ment

uently

_mode

disk which

left

put

and

ar-

/ ,

Q And you have no recollection as lo the windows no A

Q A I don't recall.

A No,1 really don't. Q Well, were you Q Were the brakes A Approximately twenty miles an hour.

A I believe so. There at no reason to Q Al what point, Mr. Kennedy, did you realize that you were Front and aide aim., of car driven by Senator Kennedy . A Well, sometime during the

CO When

Q Now,

Q Did you mall or the A Yea,1

behind the driver was open?

On you recall whether or not

y How fast were

swam that 1 was on an unpaved road, yea. dirt

passenger's

The Katema Shams, the ferry slip, the Katsina Shares, Mr. Crimmins takes wry good

driving on a dirt road?

time when 1

Martha's Just sometime when I was -- I don't remember any specific

non?

home had linen paved? Shiretown. that it was unpaved, like many of the other roads here in

the cotta driving an a dirt rand,

enerally aware sometime during the

, It w

road

had

you left

had.

when you hit, when you

Vineyard

e more then once

1.4

you been own that road from the ferry slip to

aide of the vehicle?

knew I was drivin

SWAM at you

the house at

of your Oldsmobile in order at that

and

drivin

Nantucket and Cape Cod.

!hal the time that you were drivin

time that you noticed you were

on Dyke Road?

'7 jqa.

that day?

drive down Dyke Road I

road from tie

11:15 whet ems your deatina•

cam of the

the

turned onto Dyke Rued?

window

an unpaved road. 1 war

oin

assume otherwise.

car.

down that road

leery

In the tear

(L.

alp to the

on a

was

the

WI or _S-Lebe :EU IJ fl S aakie- ifii A Weil, Mr. Dints, I would my that I, hosing lived on Cape Q Were you ewers that there vin any water noshing In on —rD the pasoonsciY side) That right. THE WITNESS. Absolutely nol. Cod end haring -Anted them brands, I em Aware some roads are pa red, A There was complete blackness. Water seemed to rush in QA is mom than one? TIIECOURT. Die ariVoitheiTEc party to your knowledge? THE comer 1 am lorry, that is not quite responsive.The from every point, from the windshield, from underneath A Yes, I did. THE WITNESS. No, absolutely nut, question b whether or not you renlieed the rued from the me, above me. it almost mewled like you couldn't hold Q How ninny did you have? THE COURT. In your opinion would you be rather nt the ferry to the cottage was paved. the water back even with your Undo. What I was comelous A I bed two. time they you operate the motor vehicle, to the DI MR. DINIS: That is correct. of uno. the melting of the water, the blackness., the fact THE COURT. What time was this? Bridge? vas 3t, ^ Tt tilt r THE WTTNESS: Yes. that it woe impossibte to uteri hold It back. TILE WITNESS. The that was about 8 o'clock. THE WITNESS.[g 14 sober. Figis THE COURT. I would like to go back before that. I think THE COURT; That le, did you become aware of It during Q And you my at that time you had a thought to the effect Q Senator Kennedy, who did you drethTeTrEdittElretillnetilig" your two trips? that you may not be found with morning? that you said you rallied some friends at the Shientown your release !roe] the automobile'? THE WITNESS: Wal1,1 would that say 11 we. not of paroic• A F was ware litail9vas going to drown. A I MO *wept away by the tide that was flowlog et an elan ate hers to me whether tt was payed or unpaved. Q - au make any observation' of the condition of _Mies THE WITNESS. That is right. extraordinary rate through that narrow cut there and was THE COURT; Were you driving the ear in either one of c is?' ITIETtimr?- • __„454- TtekiE? COURT. Did you do some drinking then.? swept along he Ore tide and called Mary Jon name until I these limo? A .what tip -3'4,, yea ke Pikfli feel/F-0 THE WITNESS. I had about a third of,,ee r at that time. was able to make my way to what would be the neat Aida 0 Al tglrerticular nfoment when you were thrashing mound daP ,4 THE COURT. And you had ITOThineliFotter until this. of that oat, waded to about my waist THE WITNESS: I was not. and alerted back Q (By Mr, Dads} Well, while you were driving down Dyke to the car/ 11..CC I' THE WITNESS. No, I had nothing further. to t he car, at [hie time was gasping and bed...inn and .nosh) ...14 A Well, ar the monteni o: thrashing around I was trying Road end niter you noticed It was a dirt road and you h ' Q And when did you bare this second rum And coke? Lag, w,miLhaalest front 1 5E_5er.or. fil*V1-..1‘011L,"?; were driving Cl twenty miles an hour, what happened, to find it way that lwethilartild gat out of the car, and Cl The second some time later in the evening. I think Now the het 'lies of then car were OM on and I ver5 Mr. Kennedy? entire time after I lenMed wthe door and the window I became before dinner, sometime 'Wu I would be difficult , abfe to get to what I thought was the [tom ouric_cargC.,fly; i') A .w.Ellbccame - te-T- 0.07 re)A1SrAt-re,./.. convinced I was never going to gel out. ▪ for me to ley. igireb kr c_ I,,,,althl 40'. ( tr OktiNkf although it wog difficult - and I wait ilge to Identify the --- • TI IE Comer I'm .0;&& to ask one question. At my lime 0 Walthe window cloned at that thee? Now, during the ri tampon of flee h aid you have cm.- . front of the car from the rear of the car by the lights after you go on the unpaved road, the so-called Dyke A Thor sraw wax°. n. „ don to spend some time with your nephew, Joseph i asnfi—Tairea,— otherwrie I don't think. I-tecithir NT able to tell. Road, did you have a realization IMO you were on the 0 00.4.[Litriver's__, ode. ,-1 (.) LA-) / if 0 How far were you swept along by the entrant? wrong road? 11..tts1-011- 3 A TheLLO011ell. R.> A je_pJK"‘Ighn'tdbYilve greeted him in a brief greeting, but otherwise, A Approximetely 30-40 feel. THE WITNES01,q, , Q And dirt you go through the window to get out of the ear? 'thaw -e-- no I inow he mu concerned about where he was going to Q Did you pass ender the bridge? THE, Colt RV flp volt cet LA, leation.:P 8°IQ! A I ham AO idea in the world how I got out of that car. hte / ai ; that he had some reservations and that Datili110. A The vehicle went over the bridge on the south tide and THE WITNESS: After I realiwed it was an upwavedread, Q Do you have any recollection as to how the automobile oosic ? they had viten cancelled, but I would say other then a reared on the south wide, and that was the directino the what. did 1 become aware oil ven..., (-7.741 i Loll the bridge and Wentoccr into the wet.? . " • ourierieraierns riiia- arbeTTrig, I would my Na. rte 1.42a_s_. flowing, t was swept I would think In the Q (ley Isii. Drab- 7 Well, eller you leoll/eld it wan lin unpaved A .LIntaiLlaittits.V.Udge? 7e T, 'A," 37--e,*../.. ( Q He woo at thin lima on Chappaquiddick Wand? roba y east, which woutd be the eastern shore seed And that you were driving at twenty miles an hour, Q Y..etTe41particular Plan did It tabu? A Not ro my knowledge, never saw hl at ChappaquiddlelL nJ CI 0 ) . A bro. . . Q see him et the Slairetown Inn? 111. 014411/4 what happened IWO ti e t_ r Q Some 30 4 A l went off EidicraxiA. . ge or I went off glirlge, rthow...10 A I i t seen him in ineuiring whether be mold ploy A I would think 30 to 40 feel. Q You went orf a bridge into the water? — v--- 2 IY--11--14.,-ma1 :n,..-r T 'r_.tcr,a,Lieve/.-4.._z-"(, at a ' tanminn. Q Now, in order to get back to the car wan It necessary for A Thor Is correct. THE COURT. I would like to Inquire, Mr. Dirtier mane- Q Did he slay with you in your room? you to swim? Q Did you apply the &rekna of that automobile prior to thing about the operation of the cm, if you are finished. A No, he did not. A I courdn't swim At that time been% of the current. I going off Into the water? MR. DIMS, Go right ahead, your Honor. THE COURT. I worth/ like 10 wok some quell-Ions. You waded Into - swam to where I could wade and then waded A Perhaps a fraction of a second before, THE COURT. You ire driving along the dike sandy road Mid you had e poreicrheif."cor lain in the 'Hartman at the along the shore up to where I could go to the franc of the Q What prompted you to do that? and you are approaching the Dike Bridge. Now, can you Shhelown Inn? .r and start diving in on attempt to rescue Miry Jo. A Well.1 wee about to go off a bridge and I applied the brakes. describe to me whet you NW, what you did, whet hap- THE WITNESS. That Le correct. Q Was the front of the our faring e westerly direction? Q Were there any lights in that area? pened from the point when first you taw the bridge? THE COURT. Then you had two rums and Coke SO this A I would think it wee facing in a northerly direction. A Absolutely no lighte In that area I noticed other then the TRE WITNESS. I would eathasth that time to he fraction, cottage al Chappaquiddick blend some time after you Q Well, in regard Co the bridge could you describe the lights on may velucia. of e second from the lime that 1 Sot saw the bridge end arrived et about 5:30? location of the automobile with releakm to the bridge? Q Did you metier et lied moment that you were not heading was on the bridge. THE WITNESS. That to right. A Well, your Honor, in the direction of north and south I roe the ferry? THE COURT. Did you have on your high beano, do you THE COURT. Who poured !hope drinks? will do Me brat I can. A Al the momein [went,— off_at e bridge, locrlainlyAl. /OW. remember? THE WITNESS. Mr. Crimmins poured the firm one, 1 IllE COURT. We don't hove may map, do we? Q Do you recall whe7ther or not the - strike that question -_ THE WITNESS. I can't remember. poured the second one. MR. TELLER. The bridge rune north end south, fairly well, what happened after that, Senator? %Al- THE COURT. le It your custom to We high imams when THE COURT. What amount of rum did you put ill? close to north and south. A Well, I remembered the vehicle itself just beginning to go ',sac you are driving? g/0 ...ewculki .' i„.10.r. 1,40 I2j,...., Di', THE WITNESS. It would be difficult, your Honor, to THE COURT. That it, coming toward' Edgarlown would off the Dike Bridge end She neat thing I recall is the --ffactiTHE WITNESS,.La_ r rely drivel really ectridn't tell you.] ettlinete, be north and towards the omen would be south? movement of Mary bo next to me, the struggling, perhaps .c.,,,.,:,' may torn. THE COURT. Well, by ounces. MR. TELLER. Yea, sir. hitting or kicking me and I, al this ttma,surthed no eyes. Aral11'11E- COURT. I.Liatuconagn_dedccaf ACS) THE WITNESS. By mom.? I suppose two ooncee. MR. 131/05. Mop we um the chatk, your Honor? and realized I was upsidedown, that water was crashing m WITNESSAllemce,mrrecndedhut sonLetimmiLitgre THE COURT. I mean, Norm people pour heavy drinks. THE COURT. Yes, if it re helpful. on me, that it sees pitch black. I knew that and I MIA Able 0. 011 Sec better Wiffiliii-TheareCiAZ )11,,, ,ftaks Soma pour light drinks. Q Would that be helpful, Mr, Kennedy? to gat half a 'gulp, I would my, of air before I became THE CO RT. Did you me the bridge before you actually THE WITNESS. Yea A It may be, completely immersed in the wirer. I realized that Mary Jo reached It? 11A.11,,,,,, THE CO _Fitt When did Lou take HAtait.Cine? 0 I believe theta is a board behind you. „ad I had to get out of the car. THE WITNESS. The split second before I was on It. - --WE-WITNESS. I would thin.li 2_41'190k7 The only trwt Assuming the bridge is north end south- 7 -1-6k4.1 Can remember reaching down to try and get the door- THE COURT. Old you see that it was at an angle to the way I could judge that, your Honor, meat. that I etc A Yea Me dela knob of the car end lifting the door brindle and pressing road? e ,...v", . about 10;00 and it was some titian before I ate. IWlinces draw. a 'ketch on blackboard,/ ,,,,,koa ageing the door and it not moving. .1 can remember mien- THE WETNESS pro bridge wee at an angle to the wad? if ,rt // PUN? THE COURT. Ynu rind nothing alcoholic to drink after I would bet that that bridIC 101111 111,0re cut-welt then , tog what I thought was down, which war redly up, to THE COURT. Yes. —•" • • eating? ,north -.1auth- 1.6 011 0 cle'lAN !YTS .-, e3FP'tt,...r-1 "4> -•,, where I thought the window was and feeling along the THE WITNESS. JusL&foregoing . on it 1 rawl. Be I, VA Mg ? THE WITNESS. No, I didn't. PHU- TELLER. Net directly,north, but t -norlb- ? de to e jf windy* i. rilttentipt to tum your ?T W flee was rapro-and-Ltia_wiaduw_was THE COURT. Did you rnie "R THE COURT. How much liquor was at this cottage? we4. ItslOirYT [df.ky,c LVrifit.: Nary .7----- o and I can remember the last sensation of bring I f 0 that angle? THE WITNESS. There were reread bottles no Wet I Q WM you indicarnel,UKimEedy,Edgariownr p if . sy:)..$ contpletely out of an end Inhering what must have been a THE WITNESS.] nglia:i ..ve I did, your Honor. I wapiti em wouldn't he able to tell specifically. A I would rather have imam], dray and respond. • be_ half ll lung full of renter and Jamming that I was truing to RI= that I ..V .ha g -on tbc brid$4.1111 e to me ,.,,) ) THE COURT. Not a large supply? &lighted to da whatever the etirt•- &lima. drawn and the full realization that no One was going to lim._ at !het time thifihe road weal straisht,t,elje; trap Tittatt f.,,, '- THE WITNESS. I wouldn't he able to tell how much. THE COURT. It In only for the potholes of ilLUSIT111011. Welkin; for us that night until the neat morning and thattLi THE COURT. Wito_e ahead lAciliwwe au There wax an adequate sop*, THE WITNESS. I impose the road tool something like mount going to gel caul of thet cat olive end then somehow THE COURT. Wes them a suotained amount of drinking Fhb. I can remember coming up to the last energy of just push- THItSta5.7W-nriliii*Jm. --liViIv 0 Mt 1)1,1t,.. kilo 01,1?) by the group? THE COURT. Yea, are trying to gel the relation of the car ling, pressing, and coining up to the surface. THE COURT4o1.1.4111,gorr- iimi 'zeilloter fVetted try thy- THE WITNES.S, No, them wasn't. to the Mids.? Q Senator, hew did you melt. the you wino upside down thing else? t ,..!: THE COURT. By any portiouhr parom7 MR. DIMS. Yea, your Honor. in the ear? THE WITNESS...XL_Itymeat!t. THE WITNESS. Not !hal I noti.d. There wasn't prior err Q Au you went off the bridge_ A lie.resc - that was a feeling that I had at anon as I THE COURT. I don't want to forectom you, Mr. DIM'. I the lime I left. A I think it was Like fhb. became .were that - the water crafting in and the black- want to go Into the question of olcolmlie beversger, THE COURT. Mr. Handy, you hem advised your client of THE COURT. All right, Mr. Dinky. nem, I knew limit I was, I fell I wee upside down. I really Perhaps you had that in grind later? his constitutional rigida? Q Mr. Kennedy, after you emerged from the automobile you wasn't mite Of anything. hull thought I was Upaidc down. MR- DIMS. Yee. your Honor. MR. HANIFY. Yes, I have, your Honor, /lay you M. swept tome 317 N&n away from the car, la Cr Were you aware that the windows on the yzenger'sLeith j) THE COURT. Ail right. THE COURT. Were you at any lime that evening under that correct? e de_Y . You stated, the influence of alcohol? ei. In this direction [Indicating?. A [2E7121:e2.91grn t1iently. 1.5:Cii■illl• awri' .re koris t e t 1111 -. Q yr'oul"gvotbdincktee'reirlit'lielliTirrrntiertafTirtilita:hyou had a Earn and THE lyJgey Q And how much time did it hike you after you left the time. THE COURT. Did you tines in anarecipi that automobile to be swept down to :hoot 30 feet, down the Cj'-L----c•I 7 tr:711.2g7- okrr- Tut C40. Cm. 0 I i evening? L.,....0t,u j ) I river? —6— •

, it.. NoTt +61-EmkowEdre ..... ftangiEfimr-4.FSaj, ( 1\ 2311 CO-flow eatkli.6 4192...-PktellIC De) 11/071 0175: TO ktM0019 9"1 4- .i''-€.4.(01.-1/ ' c•oia-ntu vd t_ /4-,viteunj- ell 1,49.1b9rnic PiGioljthfur—LiELGAM P. i isiLt0+1 `.-i CAW/Irk 4.11*.(JOIY)//kl.C,., (2 /4 WO "T0 The ANDIedeeleiR L. a3laritz Inc A That is right. THE WITNESS, i intended to call for .11.1!IISthfica end Ir■ A By the time I cone up II was, the best mamma would be A That it correct, %NAN/TS a) .0.1 Tet Q And where did you finally atop the white automobile that report the occident Cu the pare within a few churl me- somewhere over here, which would be probably 11-10 Q And you spent another 15 or 20 minutes tecovering on you were riding in/ mean after going buck Into the ow. feel, It ix difficult for me to estimate specifically, and I the went Ode of the river? A Mr, Carson drove the vehicle sores Ilia bridge to some Q 1 gm, and did something transpire to prevent this? think by the time I was able at least to regain my A That Is correct, location here (indicating) and turned it no that Its head- A Yon, strength, I would any II is about 30 feel after which time Q Now, following your neat period, Senator, what Old you lights shown over the water and over the submerged Q What was that? I swam in thin direction until I was able to wade, and do after that? vehicle. (indicating on blackboard.) A With the Court's indulgence, to prevent to a, if the Court wade back up here to this point here, and wont over to A %IO- Q And what happened after the three of you arrived them? would permit ow I would like to be able to rebate to the the front of the car, where the front of the car was, and C? You may remain seated. A Mr. Gerv,au and Mr. Markham took o f all their clothes, Could the immediate period following the time that Mr. crawled over to here, dove here, and the tide would A All right_ After I was able to regent my breath I went back dove into the water, and proceeded to dive repeatedly to Carpus, Markham and I gel back in the car. sweep out thla way there, and thee 1 dove repeatedly from to the goad and I started down the road and it was try and neve Mary Jo, THE COURT. I have no objection. this side ootil, I would my, the end, and then I will be extremely dark and I could make out no forms or dupes Q Now, do you recall what parliculier time this is now when M R. DINTS. I hove no objection. swept away the first couple of timer, again back over ar ilenrea, and Ike only way that I could even am the the those of you were It the — 111E. wrrNEss. Respond to q _talon r) to this:11410J would come beck ,gain and again to this point path of the road was looking down the silhouettes of the A I think it was at 12:20, Mr. Dints. I believe that I looked trietAttorney — —1 H tlo t /3‘ here, or try perhaps thehhirdpr now* trine to gale en- trees on the two aides and I could watch the aithoesette of at the Valiant's clack and believe that it was 12:20. trance to some area here until at, the very end when I the trees on the two aides and I warted going down that Q Now, Mr. LaRosa remained at the cottage? THE. -at some time, I believe It wan-about 45 couldn't hold my breach any longer I wan breathing so road walking, trolling, Jogging, stumbling, as fact as I A Yea, he did, minutes after Gorgon and Markham dove they likewua heavily It wan down to Nat a matter rd seconds. I would possibly could. Q Wm Mr. Litton aware of the mcchient? 1•12," Q 1 01,111 1- became exhausted and nu Further dlwng efforts appeared hold my breath earl I could hardy get underneath the Q Did you pm any Rouses with lights on? A /4184e hadn't heard - no, I don't believe so. eel to bcof any avail end they to indicated to me and tweed. water. ,I was just 'ha to hold on to the meted undercar- A Not to my knowledge; never saw a cottage with a tight on Q No one els7c7V1 The cottage wax told of the ac-Mdeni? So they earns not of the teller and tame back into the can -One hare, and the wilir Zikelighl•cnivehma I it. A Ns and raid to ma, Mr. Markham and Mr. Gorgon d men wfulbriiiihing and! could hold no,1 knew that I not could Q And dirt you then return to the collage where your Q How many time did you go back to,f/ilsvec..Briodigeo juotturt kkeLVIr ma we drove down the road towards the lore thot not get under water any more. friands had been gathered? night? Q And you were fully aware at that time of what wu A That In correct. 1.a0 A'll,hatvatt i the only — iti`8)3/1.1 , iwn-lieen7 La name"4°-7-1C-a m.to mylmElib.nd4lanthtalitlitCneAablooluot rhodiffew I rwenest transpiring? Q And how long did that lake you to make that walk, do Q A_Iter the menn —erCraw( wee the crAccrocanieint,h10,,Ndoinkt going to really to be able to calf Mon. Kopechne at some A Well, 1 was fully aware that I was trying to get the girl yoo rectil7 A The only time, the only occasion. time in the middle a the night to tell her that her out of that em and 1 was fully aware that I was doing A 1 would say approximately fifteen minutes. Q Now, how long did Mr. Markham and Mr. Ganfassiemain daughter was drowned, to Ire able to call my own mother everything that d possibly could to get her out of the rev Q And when you arrived at the cottage, as you did, is that there with you on thai perticeler ocusionthl:ArA) _ and my own father, relate to there, my wife, end I even - mid I was fully aware at that time that my head wee TA A 1 watnIg forty-lip minuteat /1 " to.salh MC? veil though I knew that Mary in Kopechne was dead and throbbing and my neck wee aching and 1 woe breathless, A That ls true. 0 LCITUU ,assfell entering I 7 believed firmly that she wee in the back of that car I willed and at that time, the lest lime, hopeltaMy exhausted, Vethcluepsakto one there? A ll, He. Gorgon got half-way in i7re car, When lie cam that the remained olive. Q You were not confused at that tense? A ea; ak out ha was scraped all the way farm bin elbow undarrionth Al we drove down that road I wee allow looking out A t there was 111'1 t t cat end 1 Ind to Q And with whom did you epode? VAIL, J 7 Ws arm out all bathed end bloodied, end this is the one the front. window nod windows trying to ace her walking time that he was able In pin allarMOICO I believe into the down that road.1 related this to Corgen and Markham and in out A Mr, Ray LeRose. _ Q And you took 'tape to gat her mire Q AAA stjhatcap, did you telt him? ear Itself. they said they understood feeling, bail It was neer-s- A I tried the best 1 thought I possibly could to get her out. A I mid -44147 a I 1). L., IS Q And did he talk to you about his expectance in trying to pry to repo 14 And about this lime we mime to11iiiliary Q But there no confusion in your mind about the feet Q A E WIOToe Mogan tif&e/ get Into the cut Fgot nut of the cur and we talked there just a that there an a arson the car and that you were doing A Ha wee there. A Well, I was uno to. beige nallausind_. a the few minutes. the best you one o t that parson out? Q He was at tic nifty? water, 1)41 1 cool -act jut wondered how all of this could pot:Minty have A 1 was dams the wry best I amid to gal bar out. A Yee, made some append. I alit had sort of a thought and the with end THE COURT. May I ask you Norm queklons hire about THE COURT: Excuse me a moment. Did you go inside Q that you week menus e o sire and the hope that suddenly this whole actielcia A Well, to Owl eaten onn 9 '• oak) would diatippeor. and they reiterated that this hoe to be the depth of thy water? ',unto egkelit tfe?"14•1,' t711: the cottage! B40/4 pr 6.377 chAto 111E WITNESS. It wan not monad to eland. The THE WITNES •Jgo,,J didon kinsold, Ax Au pm." Q You were fully aw Asp in rtiraTTRTfirrn reported and t understood al the time that I left IWO ferry highest keel of the carte the surfiTe iie-ic7 the wheels (By Mr. Dike) What did you • ou a .rt to- A Well, 1 woe fully Emus that foe Gargan and Paul Muldoon boat, left the alp where the ferry boat was, that it had to were trying to get he that car and rennin that girl, I certainty be reported and I had full intention of repotting it, and and the undercarriage neva when l Mid onto the under- / rowan carriage and the tide would take me down, it we. up to A We CMG up to the cottage, -mere was a car parked would my that. mentioned to Gulps], and Markham monnathIng like, "You this point. Undloatina.1 there, a white vehicle, and ea I came up to the back of the Q Did you know at that time or did you bat. any Idea how nekeenneof the girth, the uccedie_ot," - Q 'By the Court' You were not able to stand up al any vehicle, f law Ray Latham at the door and I mid, Ray, long Mary Jo had been in the teeter? atin.whot I satd.and.13eve Into thewater. point around any portion of that cm? Apaning..fog; and he mentioned sopirdhjog e A Well, Um, Elul some time lead mune& ate Li-lighT(' Now, I started to swim uttir inErillsar-Hde and the tide TILE WITNESS. Yes as he was going m to get 1041 gel in t e bilEkelf lh Q Wen, you tialitlal-eUtierthil-Kuitsent some fifteen or suddenly lecumee, fell an extraordinary above and Almon We Q Me_ Kennedy, bow many times if you recall did you make / twenty minutes or - pulling me down anon, the wince pulling me down and vrti an effort to submerge and gat into the car? Q In t white car? A Well, Mr. District Attorney, I didn't add tip the lime that suddenly I realized at that lime two as I failed lo reulize •-] 1-enauld_uy.noven or Mehl Ames, Al the tut point, the A Yoe I was adding to rescue her and time on the beach, the before I dove into tha water that was in a weakened _Lir1T ..enventb or euhliCal.TEmpts were barely More than five- or Q And now, did lee come to you? shore, and the timq lu gel luck and the time Ir took hark condition, although cc I had looked over that distance eightnecond submenions below the mime, I Pall couldn't A Yon, he did. end calculate it. . *gra. ‘4.4.yen_ acti -Tryr ! between the ferry slip and the other side, it seemed to ma hold my boat longer, I (Wain ham the imam even Q And did you have conscrulion with him? Q Woe it fair to my that the wan In the wider 'hoot an hoer? our inconsequential swim; but the water got colder, the to cook down c iiiirdares aTtlenllornp A Yen, 1 did, A Wk. it Is. tide began to draw me out and for the second time that Q And do you now-hainnitielnlitTennits"Itend "To them Q Would you tell ua what the conommLiot ‘nrweasc? Q there any effort made to will for allistence7 aveuine 1 knew I was noire to drown and the strength efforts? A I miclanni had better gat Paul, A other than the assiitanclitrGargan end continued to leave me. by this time I we. pmbably 50 A vet would be difficult for rue to relimeto. but I would QTaY.1711_114/_riiivilltOPOired?'" arkham. yards off the shore and I remembered being swept down think probably IS-211 minoles.'"CrikpCjinn• Akt-1) A At that time too. Q I know, but they failed in their efforts to recover - toward the di/teflon of the Eilgutown light and well out Q And did you then lennove yourself from the water? A The in right. into the dmknese, and I continued to attempt to OAT, -ML-firint ) Q l A I did. A Weil, Paul came out, got in the on. I said, there has been a Q —Augann. h_no 4e i lYYI OLE t? tried to swim at a slower pace to he able to regain what- Q And how did you do that? terrible accident, we have got to go, and we look oft down A That is come; lona r ever kind of strength that was left an me. A Well, hit the lent dive f row contact with the vehicle again the road, the Main Road there. IDiecustIon off the . f l an AI And some limo after, I think In was about the middle and I dented to come down this wry here and I let Q How long had you known Mr, LaRosa prior to-this em- • MR. DOHS. I ka,lIele, yam Monde, bardre thiTwitom left of the chewed, a little further than that, the tide was much myself float and CAME over to ad! shore and I Men onto the courtroom the minks wee whether or not any enterer, leather, and I began to got my - make wow prog- this shore here, and I sort of crawled and 1 staggered up asnintante bad been naked for ress, and finally was able to much the 171111C1 shore and all -Yr4 TO /"C / 1 some place in hare Ind was very exhumed and spent an ;e:171-w:11__._____lariElar Yt:._grAkior:en tat - did YOU ' THE COURT. I think the answer had been No. the nightmares and all lie tragedy and ell the lose of Mary the gran. have any know :nose owl rm. LaRosa some ex ertroen Q Illy Mr. Dines! And now may I ask you, Mr. Kennedy, Iola death was right before me again. And whore 1 was Q On the weat bank of Ilse river? in ekindivingl tithezer,,e eleny mgon why no additional assistance was able to gain thin Mose, Ole Edgartown aide, I pulled A Yea. A No, I never did. a anen,ynalmthfon the beach and then eircorprad to gain tome Q As indicated by that chart? 0 Now, before you drove down the rood, did you make any A Wu thorn any mood I6S01. 6X/AfiH t4d A Yea, there correct, further explanations to Mr. Gingen or Me, Markham? 'fee, was there any particules reason why you did not call After that I omitted up one of the streets in the dime- In And how long did you spend restInja A Before driving? No. air. 1 mid, there has been a terrible eOhm Mc police nr dna fire department, a dat lion of the Shinn:Iwo Inn. A Well, I would unmade probably 15-20 minutes trying to accident, lens go, end we took off —, A .W.g1LI admidad, rort tt to the nalign.,41MCD/Y, .! By walking up one of the street, I walked into a parking itti in? - I wee coughing up the water and I woe exhausted 0 And they went — THE COURT. Miro not quite reeponew to the quern, lot that won adjacent to the Inn and I ran remember and I suppose the best estimate would he IS or 20 min- A — driving. lion. almost hiving no further strength to continue, and leaning tiles Q And they drove hurriedly down? Q Was them a MINIM why it dal not happen at that time? unarm a tree for a length of time. walking through the Q Now, did you lay medlar you spent 15 or 20 minutes A Thal la right. THE COURT, Cell fur oniatance. parking lot, trying to really gather souse kind of idea en to trying to recover Miss Kopechne? Q Towards the Dike Inridga men. 77,6 1f 1 pa. HAI, re-- Lt-fi ci Mau ?- 9 7711 Oftl e7 14,06 7' (1,4 re- - 44/6/17 ihtti - — cK. (A, \i,01-4-A- i--..0Nory9 -PAgc< — e e<0.0 1rlt egeiNrF kor-1 4/ .1_411-.1 cch1 91uf9 3izakfoL •—•

gto gto

Q Q

A I went to my room and I was shaking with chill. I took off off took I chill. with shaking was I and room my to went I A

A f was unable really to determine, detect the amount of of amount the detect determine, to really unable was f A

Q When you arrived at the Shiretown Inn, did you talk to to talk you did Inn, Shiretown the at arrived you When Q

Q Can you tell an now how great a distance you meant when when meant you distance a great how now an tell you Can Q

Q Do you have any idea what time you arrived at the the at arrived you time what idea any have you Do Q

A A

A I left Just adjacent to the ferry slip here, I would would I here, slip ferry the to adjacent Just left I A

Hardy Taub brave cold to Clew the accident alone. alone. accident the Clew to cold brave Taub Hardy

back into the room. room. the into back

was. He mentioned to me it wee, I think, 3:30, and went went and 3:30, think, I wee, it me to mentioned He was. under the light oft the balcony and gated what time it it time what gated and balcony the oft light the under

and and

I raw whet I believed to be a loud., or someone standing standing someone or loud., a be to believed I whet raw I

were there. a pants and u shirt, and I opened the door and and door the opened I and shirt, u and pants a there. were

wanted to find ant and I put on some dry doll]cs that that doll]cs dry some on put I and ant find to wanted

lapse of time, and I could hem noire that was taking Ozer. Ozer. taking was that noire hem could I and time, of lapse

rimming or afttinnon or nighttime, and I put on - and I I and - on put I and nighttime, or afttinnon or rimming

all my clothes clothes my all was very conscious of a throbbing headache, of palm in in palm of headache, throbbing a of conscious very was

It seemed around me, on top of me, almost in the room, room, the in almost me, of top on me, around seemed It

estimate the terns of the yardage. yardage. the of terns the estimate

my neck, of strain on my beck, but what I was even more more even was I what but beck, my on strain of neck, my

anyone at that lime? lime? that at anyone

say on the north side of it and I was swept down for A A for down swept was I and it of side north the on say Shiratown Inn? Inn? Shiratown

number of yards and then across. I don't think I can can I think don't I across. then and yards of number

you left the ferry slip? slip? ferry the left you

room at that that at room I would ray same time before 2:00. 2:00. before time same ray would I

what happened and feeling that I lust had to go to my my to go to had lust I that feeling and happened what front entrance of the Shiretowo Inn up the gain. gain. the up Inn Shiretowo the of entrance front IBC

6 6

ollis of is Hy tragedy and Ion of a very devoted devoted very a of Ion and tragedy Hy is of ollis

alter a a alter

RV RV

/dal* /dal*

) )

period of time I won't won't I time of period

time, time,

.' .'

coil coil

coRapsed coRapsed

tj/ tj/

which I did by walking through the the through walking by did I which

your clothing? clothing? your

,, ,,

an an

the bed, and it this time I I time this it and bed, the

tyv(t

sure sure

whether it wan wan it whether

J Iv Iv J

- -

10 - - 10

Q Did you have any conversation with Mr. Markham or Mr. Mr. or Markham Mr. with conversation any have you Did Q A Well, they staked, had I reported the accident, and why I I why and accident, the reported I had staked, they Well, A

A A

Q And do you recall how they were dressed? dressed? were they how recall you do And Q Q Nothing further, nothing more than Mu? Mu? than more nothing further, Nothing Q

Q Do you recall at this time the condition of their dress? dress? their of condition the time this at recall you Do Q

Q Now, what time did Mr. Markham and Mr. Casson arrive? arrive? Casson Mr. and Markham Mr. did time what Now, Q Q Well, what woo that conversation, do you recall? recall? you do conversation, that woo what Well, Q A To the best of my knowledge, a shirt and slack'. slack'. and shirt a knowledge, my of best the To A A Well. I moan, it was not pleased, it was messy looking. It It looking. messy was it pleased, not was it moan, I Well. A

A Well, they had an unkempt look about it. it. about look unkempt an had they Well, A

A About a few - I would think about 8:30, just a few few a just 8:30, about think would I - few a About A A Mr. Moore was relating about how I believe believe I how about relating was Moore Mr. A

Q Did you have any cotilr any have you Did Q

A I think It was close 413:30. close was It think I A

Q What time was this, stantret, stantret, this, was time What Q A It is is It A

A Sometime after 8:00 I met the woman that was behind behind was that woman the met I 8:00 after Sometime A

Q I see. After that noise at 2.30 in the morning, when did did when morning, the in 2.30 at noise that After see. I Q Q And you met whom? whom? met you And Q

A A

Q Well, the point is, what time did you get up that morning? morning? that up get you did time what is, point the Well, Q A It WA3 sometime after 23:00, 23:00, after sometime WA3 It A

Q Q

Q The 19th, which one that morning arounr(7:00O, 7:30 7:30 arounr(7:00O, morning that one which 19th, The Q Q And wham did you meet there? there? meet you did wham And Q

Q — did( meet unyone at your room? room? your at unyone meet did( — Q A Yes, I did. did. I Yes, A

A Yes. Yes. A

A If your Honor would permit net to give - I would like to to like would I - give to net permit would Honor your If A Q Q

A Not at :30 gm., I did nut. nut. did I gm., :30 at Not A

A Could ] hear the question, Mengel Mengel question, the hear ] Could A

A Weil, could I give you a fuller explanation of ivy knowl- ivy of explanation fuller a you give I could Weil, A Q Now, directing your — — your directing Now, Q

Q No, that is not the question- The question was whether whether was question The question- the not is that No, Q

A If the question is, have I ever been out with Mary Jo - Jo Mary with out been ever I have is, question the If A

A Well. I have known her - my family has known her for a a for her known has family my - her known have I Well. A

Q Had you known Miss Kopechne prior to July the I nth? nth? I the July to prior Kopechne Miss known you Had Q

tossed and turned, paced that room and walked around around walked and room that paced turned, and tossed

Can you give the Court what the conversation was? was? conversation the what Court the give you Can

and how I wan denote willed that Mary Jo stilt lived; how how lived; stilt Jo Mary that willed denote wan I how and

nwn thoughts and feelings Al I swam across that channel channel that across swam I Al feelings and thoughts nwn Gorgon or huth at that time that at huth or Gorgon

hadn't reported the accident; end I told them about my my about them told I end accident; the reported hadn't

I was hopeful even as that night went on and an t almost almost t an and on went night that as even hopeful was I

was unkempt looking. looking. unkempt was

Yuji did, did, Yuji

arranuments. arranuments.

minutes after I met Mr. Moore peohebly. peohebly. Moore Mr. met I after minutes

of Ilia crew were having diTrialf with their housing housing their with diTrialf having were crew Ilia of

Mr. Mr.

Moore or Mr. Richards or Mrs. Richards? Richards? Mrs. or Richards Mr. or Moore

believe was the earlier queanon. was Mr. Markham and and Markham Mr. was queanon. earlier the was believe

cificaliy responsive responsive cificaliy

and Mr. Markham, and I taw Mr. Treater, but to he ape- he to but Treater, Mr. taw I and Markham, Mr. and

and Mr_ Moore, very briefly Ma. Richards, and Mr. Gersten Gersten Mr. and Richards, Ma. briefly very Moore, Mr_ and

the cOunter at the Shiretown Inn and I met Mr. Richards Richards Mr. met I and Inn Shiretown the at cOunter the

you Out meet anyone, what time? time? what anyone, meet Out you

misleading to the Court if I just just I if Court the to misleading

Illy Mr. Dints) Directing your attention to the ISO at at ISO the to attention your Directing Dints) Mr. Illy

be specifically responsive, and I can, I think. It might be be might It think. I can, I and responsive, specifically be

I never really went to lied that night. night. that lied to went really never I

Did Did

room? room? anyone at that time? time? that at anyone

around 7:30 am., did you have any conversation with with conversation any have you did am., 7:30 around

out wills Mary Jo Kopechne nor hove I ever been with her her with been ever I hove nor Kopechne Jo Mary wills out

THE COURT: Go ahead. ahead. Go COURT: THE ily. ily.

my television, had any personal relationship whatsoever whatsoever relationship personal any had television, my assemblage of friends, associates, or member, of nor fam nor of member, or associates, friends, of assemblage

prior to that occasion where we wete out in a genera genera a in out wete we where occasion that to prior

edge of Mary Jo, your Honor? Honor? your Jo, Mary of edge

say that we hove known her for a number of yearn, yearn, of number a for her known hove we that say

MR. DINIS: I have no objection, objection, no have I DINIS: MR.

with Mary Jo Kopochne.1 never in my life hive been either either been hive life my in never Kopochne.1 Jo Mary with

you Just knew her socially prior to this event. event. this to prior socially her knew Just you

the the has visited Mrs. Robert Kennedy's house_ She worked in in worked She house_ Kennedy's Robert Mrs. visited has

number of years. She has visited my hone, my wife. She She wife. my hone, my visited has She years. of number

Whatever the Court wants. wants. Court the Whatever

E WITNESS: WITNESS: E

Garvin. Garvin.

tuy-MIENasion tuy-MIENasion

y - meet anyone It anytime that morning at your your at morning that anytime It anyone meet - y

Robert Kennedy Presidential campaign, and I would would I and campaign, Presidential Kennedy Robert

I I

have never in my life, as I have stated In In stated have I as life, my in never have

that they did the talking. talking. the did they that

en en

to who f met in my mom, which I I which mom, my in met f who to

ena ion with IAL IAL with ion ena

.) .)

? ?

gave gave

i i

specific moonset to to moonset specific

&at:

tome tome

Afootre or airs. airs. or Afootre

- -

Kiev Kiev

member' member'

Q Did the chief [educe this to a typewritten statement, do do statement, typewritten a to this [educe chief the Did Q

Q Now, I have in my 111111d whom permute to he he to permute whom 111111d my in have I Now, Q

Q And you arrived at the police station 11 approximately approximately 11 station police the at arrived you And Q A That's correct. correct. That's A

Q And you made a statement in writing, ts that correct? correct? that ts writing, in statement a made you And Q A No, he did riot. riot. did he No, A

Q Tham_you nude a report to Chief Arena? Arena? Chief to report a nude Tham_you Q A I think it was aomettme before 1000 1000 before aomettme was it think I A

Q Q

A That u correct. correct. u That A

A No, I did not. not. did I No, A

Q Q Q You did not ranch NW( NW( ranch not did You Q

A A

A I made made I A

Q You mean that - - that mean You Q A It won to make a private phone call to one of the dearest dearest the of one to call phone private a make to won It A

Q What was that reason? reason? that was What Q

Q But you didn't go go didn't you But Q

Q Did you have o particular reason for going to Chappa- to going for reason particular o have you Did Q

A No, I did not. not. did I No, A A Other than the intention of repotting the occident, the the occident, the repotting of intention the than Other A

A Anything prompt prompt Anything A A Yea,1 did. did. Yea,1 A

Q Well, did anything came you to return? You crossed over over crossed You return? to you came anything did Well, Q

Q Q

Q And was Mr. Markham end Mr. Garman with you? you? with Garman Mr. end Markham Mr. was And Q

Q Now, did you Men return to Edgartown filer some period period some filer Edgartown to return Men you did Now, Q

A Yet, I hey were. were. hey I Yet, A

Q And prior to calling Mrs_ Kopechne, did you cross over on on over cross you did Kopechne, Mrs_ calling to prior And Q A Yes, I did. did. I Yes, A

A Yes, I did. did. I Yes, A A Yes, I did. did. I Yes, A

Q Now, at some time you actually did call Mrs. kopechne? kopechne? Mrs. call did actually you time some at Now, Q

like like

lay - weft, would you read it first, Senator? Senator? first, it read you would weft, - lay

liiitiaTXTMEA, monad over on the ferry and went over over went and ferry the on over monad liiitiaTXTMEA,

you know/ know/ you

that you made to Chief Amen at that time, •nd I would would I •nd time, that at Amen Chief to made you that

to the local police apartment?/ police local the to

THE COURT: All right right All COURT: THE

And then I believe the evidenZe is is evidenZe the believe I then And

10:00 a.m.? a.m.? 10:00

Burke Mershon. Mershon. Burke

(Whereupon, at 1:04 o'clock p.m., the inquest wan recessed recessed wan inquest the p.m., o'clock 1:04 at (Whereupon,

phone call to • friend, Mr. Burke Marshall? Marshall? Burke Mr. friend, • to call phone

!By Mr. Dints! Mr. Kennedy, you mid that you made o o made you that mid you Kennedy, Mr. Dints! Mr. !By

THE COURT: I think we will rake the noon luncheon luncheon noon the rake will we think I COURT: THE

for lunch.) lunch.) for

o'clock. o'clock.

THE COURT: Excuse me, Mr. Dints, we are now at 1:00 1:00 at now are we Dints, Mr. me, Excuse COURT: THE

and olden friends that I have and that was to Mr. Burke Burke Mr. to was that and have I that friends olden and MEAL MEAL

the dining room at the Shintown Inn, and it was my my was it and Inn, Shintown the at room dining the

available, the public phone that was available outside of of outside available was that phone public the available, MR. DINIS: The recess. recess. The DINIS: MR. talk to this friend before I undertook that responsibility. responsibility. that undertook I before friend this to talk

Marshall. I didn't feel the; I could um the phone that was was that phone the um could I the; feel didn't I Marshall.

quiddick first? first? quiddick

would be involved in • myriad of details and I wanted to to wanted I and details of myriad • in involved be would thought that once that I went to the police station. that I I that station. police the to went I that once that thought

department? department?

intention of which had been made earlier that morning morning that earlier made been had which of intention

to Chappaquiddick? Chappaquiddick? to

once you were on Chappaquiddick Inland that morning, morning, that Inland Chappaquiddick on were you once

prompt? prompt?

of tone? tone? of

Did anything prompt or clone you to return to Edgartown Edgartown to return to you clone or prompt anything Did

the Chappaquiddick Ferry to Chappaquiddick Island? Island? Chappaquiddick to Ferry Chappaquiddick the

was dead, dead, was

2:110 o'clock in the morning cad tell her that her daughter daughter her that her tell cad morning the in o'clock 2:110

still alive. I told them how I somehow believed that when when that believed somehow I how them told I alive. still

did not happen, and how I just couldn't gain the strength strength the gain couldn't just I how and happen, not did

within me, the more/ strength to call Mrs. Kopechne et et Kopechne Mrs. call to strength more/ the me, within

happened the night before would not have happened and and happened have not would before night the happened

the morning that they were going to say that Mary In was was In Mary that say to going were they that morning the

that room that night that somehow when they arrived In In arrived they when somehow that night that room that

the the

to give you a copy of that, and and that, of copy a you give to

men came tip and it SAMS new morning that what had had what that morning new SAMS it and tip came men

a a

phone call with the intention of reaching Mr. Mr. reaching of intention the with call phone

AFTERNOON SESSION SESSION AFTERNOON

AGagana AGagana

directly directly

2:00 pm. pm. 2:00

to? Well, whet do you mean by by mean you do whet Well, to?

Tkhar raO raO Tkhar

from your room to the pollee pollee the to room your from

Dina, Dina,

, ,

4 4

/(t

in in

alc

ryy,

thin steletneat you you steletneat thin

rt; rt;

you left Chappa- Chappa- left you

r.. r..

rwrayer

e) e)

the the

"JUSTUS-0 "JUSTUS-0

f f

STraiss

statement statement

vasogar vasogar

of of

gg gg

- -

I - - I

A That Ls correct. correct. Ls That A

Q It would be an Page 3. 3. Page an be would It Q

A — look at it. I believe that that is correct. correct. is that that believe I it. at look — A

Q Look it it? it? it Look Q 4

A That to correct. I would like to ------to like would I correct. to That A

A !Witt.. enmplied.1 Yea Yea enmplied.1 !Witt.. A

Q I show you, Mr. Kennedy, what purports to he a copy of of copy a he to purports what Kennedy, Mr. you, show I Q

A After their diving. diving. their After A

Q Q

3 Now, Senator, In that televised broadeso, you said and and said you broadeso, televised that In Senator, Now, 3

A I asked them to take me to Edgartown after their diving- diving- their after Edgartown to me take to them asked I A

Q But you didn't ask anyone to lake you back directly to to directly back you lake to anyone ask didn't you But Q Q Well, did you at Mat time ask anyone to take you back to to back you take to anyone ask time Mat at you did Well, Q

A No. 1 Baked Mr. Gargan to go to the amine of the accident. accident. the of amine the to go to Gargan Mr. Baked 1 No. A

Q Did you ask someone to call Mr, Markham? Markham? Mr, call to someone ask you Did Q

A No, that to not correct. correct. not to that No, A

A I asked Joe Gorgon when he entered the vehick to call for for call to vehick the entered he when Gorgon Joe asked I A

Q Q

A A

0 0

A A

(Witness examined document.) document.) examined (Witness

quote, "I instructed Gorgon and Markham not to skim skim to not Markham and Gorgon instructed "I quote, THE COURT: You may. Exhibit No, 3. 3. No, Exhibit may. You COURT: THE

cast marked Exhibit 3.1 3.1 Exhibit marked cast

Mary JO'. friends that night," Is that cortect? cortect? that Is night," that friends JO'. Mary

mode by Senator Kennedy in it televised broadcast? broadcast? televised it in Kennedy Senator by mode

MR. DINIS: Your Honor, may I introduce this •tatement •tatement this introduce I may Honor, Your DINIS: MR.

and tell me whether or not that Is an exact copy of what what of copy exact an Is that not or whether me tell and

IStetement nude by Senator Kennedy m televised broad- broad- televised m Kennedy Senator by nude IStetement

After a quick reading of it, I would ay that that is is that that ay would I it, of reading quick a After

the televised broadmint which you made approximately n n approximately made you which broadmint televised the

After After

house after the accident? accident? the after house

week after the accident. Would you rust that that rust you Would accident. the after week

Edgartown at that time when you arrived back at the the at back arrived you when time that at Edgartown Edgartown? Edgartown?

Mr. Markham. Markham. Mr.

THE COURT: This will be Exhitut- Exhitut- be will This COURT: THE

when you solved back at the house? house? the at back solved you when

THE COURT: —2. —2. COURT: THE

!Statement given to Chief Arena by Senator Kennedy Kennedy Senator by Arena Chief to given !Statement

Ma. Markham you were outdoors outride of the home home the of outride outdoors were you Markham Ma.

you arrived at the cottage you asked Mr. LaRosa to tell tell to LaRosa Mr. asked you cottage the at arrived you

MR. TELLER: 2, 2, TELLER: MR.

marked Exhibit 2,1 2,1 Exhibit marked

THE COURT: Mr. Dinio, are you going to ask the mate. mate. the ask to going you are Dinio, Mr. COURT: THE THE COURT: Mr. Kennedy already std this wax a copy copy a wax this std already Kennedy Mr. COURT: THE

MR. DINIS: All right, your Honor. Honor. your right, All DINIS: MR.

itself? itself?

movements. Now, won't you lel the record speak for for speak record the lel you won't Now, movements. men! be put in the record? record? the in put be men! confuted the police." police." the confuted

of the statement he mode. Ile already testified as to all his his all to as testified already Ile mode. he statement the of

station, Sensor, you wind up by saying, "When 1 folly folly 1 "When saying, by up wind you Sensor, station,

Now, is that in fact what you did? did? you what fact in that is Now,

With regard to the statement that you made at the pollee pollee the at made you that statement the to regard With That is all. This was mode sometime after 8:00. 8:00. after sometime mode was This all. is That

MR. DINIS: Yea, your Honor, Honor, your Yea, DINIS: MR. Yes. Yes.

reabaed what had happened thio morning 1 immediately immediately 1 morning thio happened had what reabaed

Mr. Markham? Markham? Mr.

is did I strive at the police elation with someone with me, me, with someone with elation police the at strive I did is

Mr. Markhom. Markhom. Mr.

No, At certain times I was, but if the thrust of the question question the of thrust the if but was, I times certain At No, And who was that? that? was who And

One call? call? One

Were you alone in the police station? station? police the in alone you Were

I did. did. I

that I fell would know the number. number. the know would fell I that

I I

And to whom did you you did whom to And

That to correct. correct. to That

Inn. Inn. public phone outside of the restaurant at the Shirehown Shirehown the at restaurant the of outside phone public

you media to contact Burke Marshall by phone, did you you did phone, by Marshall Burke contact to media you I made one cell after it o it after cell one made I

Where did you make these phone calls? calls? phone these make you did Where Now, Senator, prior to the phone call yuu made, the effort effort the made, yuu call phone the to prior Senator, Now,

on said? said? on

Yes, I did. did. I Yes,

nuke any other phone calls? calls? phone other any nuke

Yes. Yes.

By Mr. Dints] Senator, you tcalified earlier that when when that earlier tcalified you Senator, Dints] Mr. By

WM WM

urnie. urnie.

r.imosere r.imosere

the diving? diving? the

attempting to reach Mr. Stephen Smith, the petty petty the Smith, Stephen Mr. reach to attempting

var--

make make

ow•-• ow•-•

clock in the morning from the the from morning the in clock

this call? call? this statement statement

Q Can you tell the Court what prompted you to give this this give to you prompted what Court the tell you Can Q

Q Will you do that, please? please? that, do you Will Q

A I felt strongly that if thew girls were notified that an *evi- an that notified were girls thew if that strongly felt I A

A Yes, I can. can. I Yes, A

instruction to Markham and Gorgon? Gorgon? and Markham to instruction girls who were long and dear friend. of Mary Ju's to to Ju's Mary of friend. dear and long were who girls

THE COURT: And l love no further questions_ Would Would questions_ further no love l And COURT: THE

MR. DINIS: I tare nn further question* of Mr. Kennedy. Kennedy. Mr. of question* further nn tare I DINIS: MR.

Markham not to alarm the girls. girls. the alarm to not Markham

THE COURT: Otherwise you would go back to Boston? Boston? to back go would you Otherwise COURT: THE

and Gars. and I left the scene of the accident, that it it that accident, the of scene the left I and Gars. and

THE WITNESS: Well, I will. I will be glad to be available. available. be to glad be will I will. I Well, WITNESS: THE

mishap might have occurred to any one of them. It was for for was It them. of one any to occurred have might mishap anything? anything?

the miter and with,' lull, lull, with,' and miter the

THE COURT: Well, were you planning to stay In Hyannis- Hyannis- In stay to planning you were Well, COURT: THE

the scene of the accident and dive themselves and enter enter and themselves dive and accident the of scene the

THE COURT: Well, it is difficult fat one to say right now. now. right say to one fat difficult is it Well, COURT: THE

THE WITNESS I will make myself ws avuilahlr, your your avuilahlr, ws myself make will I WITNESS THE

dent had taken pines and that Mary Jo had in fact drowned, drowned, fact in had Jo Mary that and pines taken had dent

you be available in the event we needed you back back you needed we event the in available be you would only be u matter of seconds before all of those those of all before seconds of matter u be only would

which I became convinced of by the time that Markham Markham that time the by of convinced became I which

Honor. Honor.

that reason that I refrained - asked Mr. Gam. and Mr. Mr. and Gam. Mr. asked - refrained I that reason that

THE WITNESS: No, I would return to Cape Cod tonight tonight Cod Cape to return would I No, WITNESS: THE

able to the Court if the Court Court the if Court the to able (An off the record discussion.) discussion.) record the off (An

THE COURT: We will try to give you as much notice as as notice much as you give to try will We COURT: THE

and I would hope to be able to return to Washington Washington to return to able be to hope would I and (Off the record dismission between Mr. Kennedy and and Kennedy Mr. between dismission record the (Off

THE WITNESS: Well then, I will remain wraithlike as long long as wraithlike remain will I then, Well WITNESS: THE sometime ltda week, but I would would I but week, ltda sometime

port or some place near? near? place some or port

us-.- us-.-

overnight notice, so it the Senator had to be in Washington, Washington, in be to had Senator the it so notice, overnight

THE COURT: Go ahead. ahead. Go COURT: THE

THE WITNESS Your Monett, could I talk In my counsel counsel my In talk I could Monett, Your WITNESS THE

THE COURT: All right, aublect to that, you arc excused. excused. arc you that, to aublect right, All COURT: THE

MR. DINIS: Your Honor. I think we could make it it make could we think I Honor. Your DINIS: MR.

lawyers.) lawyers.)

possihle if we fell it it fell we if possihle

Me. Markham and Mr. Queen had exheueted their efforts efforts their exheueted had Queen Mr. and Markham Me.

before being relented. just on one point HIM I might like like might I HIM point one on just relented. being before

in attempting to reach Mary Jo? Now, you give the the give you Now, Jo? Mary reach to attempting in

THE COURT. And I think we can put in the record this this record the in put can we think I And COURT. THE

(nitieuenon off off (nitieuenon

we would arrange for his arrival the next day, if necessary, necessary, if day, next the arrival his for arrange would we

answer. answer.

Mary Jo any more good. I realized that she must be be must she that realized I good. more any Jo Mary

to address the bench on? on? bench the address to

THE WITNESS: It is because I was completely convinced convinced completely was I because is It WITNESS: THE

THE WITNESS: Since the alcoholle intake Is relevant; relevant; Is intake alcoholle the Since WITNESS: THE question. Why did you not seek (untie, desistence after after desistence (untie, seek not you did Why question.

THE COURT: All right, take this. this. take right, All COURT: THE

which may not be. be. not may which

THE COURT: Anything further? Off the record. record. the Off further? Anything COURT: THE

THE. WITNESS' There Is nothing further nothing Is There WITNESS' THE.

drowned and still in the car at MU tn., and It appeared appeared It and tn., MU at car the in still and drowned

TUE. COURT' Anything morel morel Anything COURT' TUE.

the quedion In my mind mind my In quedion the

haven't bum .eked it. I feel that in all (=knees and and (=knees all in that feel I it. .eked bum haven't

done about the accident. accident. the about done

slip in which Ross Richards' boat was attached, moored, moored, attached, was boat Richards' Ross which in slip

least the Court should at least be awe. of Orme in:dames in:dames Orme of awe. be least at should Court the least

them is one further question, your Honor, and although I I although and Honor, your question, further one is them

modest intake of alcohol would be efter the race at the the at race the efter be would alcohol of intake modest as well. well. as

MR. DINIS: No, your Honor. Honor. your No, DINIS: MR.

the race, and one other occasion in which there was some some was there which in occasion other one and race, the

cluded as a part of the complete proceedinge, and that is is that and proceedinge, complete the of part a as cluded THE COURT: Anything more, Mr. Dints? Dints? Mr. more, Anything COURT: THE

there were two other members of my crew and 1 shared shared 1 and crew my of members other two were there

whit would would whit that during the course of the race that afternoon that that afternoon that race the of course the during that

subsume subsume

fairness and for a complete record that It elioreld be in- be elioreld It that record complete a for and fairness

that I shored shored I that

ter of one, hut I fell that far the complete record that at at that record complete the far that fell I hut one, of ter

that tone that no further help sad assistance would do do would assistance sad help further no that tone that

of that that of

be two hems between us at different panto in in panto different at us between hems two be

a a

rite rite

beer with Mr. John Drisoill. The gum and and gum The Drisoill. John Mr. with beer

beer beer

record.) record.)

estleanal estleanal

would M,1 think, less than a quar- a than less think, M,1 would

a a

In OW OW In

good chance that some serious serious some that chance good

to have you back. back. you have to

so so

desired. desired.

time time

be be

glad to remain avail- remain to glad

was, was,

. .

whet should hr hr should whet

go to to go

for for

an an

- 12 - - 12 -

Present: Present:

Before. Before.

EXAMINATION BY MR. DUE& DUE& MR. BY EXAMINATION

this morning? morning? this

phone Company today. today. Company phone

CrYour CrYour

(3 And your legal address? address? legal your And (3

Q And you are employed by the New England Telephone Telephone England New the by employed are you And Q

Q 1 sec. Did you bring with you as a result of that that of result a as you with bring you Did sec. 1 Q Q Now, in response to my Inquiry, did you tell me that that me tell you did Inquiry, my to response in Now, Q

witness stand? stand? witness

Q Now, in remold to • summons directed to John John to directed summons • to remold in Now, Q

A 37 Alba Road, Wellesley Hills. Hills. Wellesley Road, Alba 37 A

A Ile currently ur cumulation manager in Hyannis. Hyannis. in manager cumulation ur currently Ile A

Q In what capacity? capacity? what In Q

Q Do you have those record. with you? you? with record. those have you Do Q A A. Robert Malloy. Malloy. Robert A. A

A Yes. Yes. A

A 1 an general accounting supervisor in Massachusetts. Massachusetts. in supervisor accounting general an 1 A

A Yes, I do. do. I Yes, A

A The! is correct, correct, is The! A

A I did, sir. sir. did, I A

A The information that I have on credit cards that are are that cards credit on have I that information The A

(Discussion off the record.) record.) the off (Discussion

THE COURT: All right, you are excused subject to fur- to subject excused are you right, All COURT: THE

THE COURT: All right, your next witness, Mr. Dints. Dints. Mr. witness, next your right, All COURT: THE

'111E COURT. Ask the officer to bring him in. in. him bring to officer the Ask COURT. '111E

MR. DIMS: Mr. Malloy of the Phone Company. Company. Phone the of Malloy Mr. DIMS: MR.

ther recall. Off the record. record. the Off recall. ther

Edgartown District Court Court District Edgartown

Hon. James A. Boyle, Justice of the the of Justice Boyle, A. James Hon.

Southern District ol Massachusetts, Massachusetts, ol District Southern

Peter Gay, Amato ni District Attorney. Attorney. District ni Amato Gay, Peter

Edmund Danis, District Attorney for the the for Attorney District Danis, Edmund

Helen S. Tyra, Temporary Court Office,' Office,' Court Temporary Tyra, S. Helen

Charles R. Parrott, Fat Parrott, R. Charles

Thomas Teller, Clerk of Comte Comte of Clerk Teller, Thomas

TUE COURT: I wish you would do an Were you here here you Were an do would you wish I COURT: TUE

Harold T. McNeil and Sidney R. Lipman, Lipman, R. Sidney and McNeil T. Harold

Armond Fernandes, Assistant District Attorney, Attorney, District Assistant Fernandes, Armond

THE COURT' Have you filed an appearance? appearance? an filed you Have COURT' THE

MR. DINIS: Are you an attorney? attorney? an you Are DINIS: MR.

MR. DIMS: Mr. Mallory, would you please lake the the lake please you would Mallory, Mr. DIMS: MR.

MR. PARROTT: Yes, your Honor, I was. was. I Honor, your Yes, PARROTT: MR.

MR. PARROTT: Not as of - not yet, your Hums, Hums, your yet, not - of as Not PARROTT: MR.

MR. PARROTT: Yes, I one an attorney. attorney. an one I Yes, PARROTT: MR.

Company? Company?

MR. PARROTT: I represent represent I PARROTT: MR.

card of Edward M. Kennedy on July 18th and 19th, 19th, and 18th July on Kennedy M. Edward of card

summons records of telephone calla made with a credit credit a with made calla telephone of records summons

Edward Edward

O'Connor, and, by the way, whet is Mr. O'Connor'. O'Connor'. Mr. is whet way, the by and, O'Connor,

MR. PARROTT: Free, your Honor. will add it on on it add will Honor. your Free, PARROTT: MR.

billed through Senator Kennedy's anemone anemone Kennedy's Senator through billed

cards: cards: THE COURT: This doesn't doesn't This COURT: THE

name of the witness doesn't etyma etyma doesn't witness the of name

Tim COURT: COURT: Tim

secouni, secouni, case there were morn 111S0 one one 111S0 morn were there case

ores/lion with the phone company? company? phone the with ores/lion

Would you product those records at this lime? lime? this at records those product you Would

19697 19697

Mine, Mine,

M. Kennedy hod more than one credit card? card? credit one than more hod Kennedy M.

yes, yes,

A. ROBERT MALLOY, Sworn Sworn MALLOY, ROBERT A.

please? please?

A. A.

You are talking about the number of of number the about talking are You

ROBERT MALLOY MALLOY ROBERT

TESTIMONY TESTIMONY

New England Telephone Company. Company. Telephone England New

e e

in behalf of of behalf in

OF OF

Official Court Stenographer.. Stenographer.. Court Official

mean mean

Monday, hammy 5, 1170. 1170. 5, hammy Monday,

Edgartown, Minecohuset is is Minecohuset Edgartown,

the the

for the Commonwealth. Commonwealth. the for

one single thing if the the if thing single one

New England Tele- Tele- England New

hated to to hated

ate, m one one m ate,

a a

,e, ,e,

O Mudd there he • difference them with regard to the the to regard with them difference • he there Mudd O

A Yes. The call, at office 627 627 office at call, The Yes. A

A That evening yea, dr. dr. yea, evening That A

Q This at 6:39 p.m.? p.m.? 6:39 at This Q

Q That this was made at 12:30 p.m. that day? day? that p.m. 12:30 at made was this That Q

Q To Arlington, Virginie, Virginie, Arlington, To Q

A A

A To Arlington. Virginia. Virginia. Arlington. To A

Q On the 181h7 181h7 the On Q

Q Would you explain this sheet showing the calls that were were that calls the showing sheet this explain you Would Q

A On the 180, was made at 10:138 a.m. and it lasted for for lasted it and a.m. 10:138 at made was 180, the On A

A Yes, dr. Like this first one— one— first this Like dr. Yes, A

Q Will you produce the records that show thou specific specific thou show that records the produce you Will Q

A (Witness complied,) complied,) (Witness A

A Yes, they do, sir sir do, they Yes, A

calling location. as to Vineyard Haven end Edgartown? Edgartown? end Haven Vineyard to as location. calling

yard Henn, and mech location has at least one if not not if one least at has location mech and Henn, yard On the 19th the first one win 10:57. 10:57. win one first the 19th the On

Thal is right. right. is Thal

one minute and 20 seconds. Than was a all from Edgar- from all a was Than seconds. 20 and minute one

made as to what times of the day they were made? made? were they day the of times what to as made

quence from July 18th to July 19th. It may save your your save may It 19th. July to 18th July from quence

all of these with him at to sells originating In the New New the In originating sells to at him with these of all

graph. To assist the Court, he has made a compilation of of compilation a made has he Court, the assist To graph. at the lima the can is placed. placed. is can the lima the at

town. town. or basic muds that are made by the telephone operator operator telephone the by made are that muds basic or

each individual card. card. individual each

THE COURT: Alt richt. richt. Alt COURT: THE

Honor lime to look at that List rather than go through through go than rather List that at look to lime Honor

England area of the New fiegl.d Telephone. and Tele- and Telephone. fiegl.d New the of area England

together and puts them in their chronological time se- time chronological their in them puts and together

thou which I think would would think I which thou

love more charged to that one. In that case we go into into go we case that In one. that to charged more love

lidgartown? lidgartown?

MR. DINIS: flow, with raped to your records, do they they do records, your to raped with flow, DINIS: MR.

evidence of the account? account? the of evidence

THE COURT: We are now talking about account. in his his in account. about talking now are We COURT: THE your honor, there Is tome primary evidence, if you will, will, you if evidence, primary tome Is there honor, your

a different kind of series thou some up in billing. billing. in up some thou series of kind different a

MR. PARROTT: If I may address the Coon at this point, point, this at Coon the address may I If PARROTT: MR.

calk emanating from Edgartown or Chappaquiddiek for for Chappaquiddiek or Edgartown from emanating calk THE WITNESS: That is right. It it hilted against the the against hilted it It right. is That WITNESS: THE name name

THE COURT: The card that you you that card The COURT: THE

those particular dates, July I fish and 19111? 19111? and fish I July dates, particular those

show any calk emanating from Chappaquiddick or or Chappaquiddick from emanating calk any show

THE WITNESS: Two different telephones, or you could could you or telephones, different Two WITNESS: THE Senator's account In Boston. Boston. In account Senator's

card? card? TIIE COURT: Charged to two different telephones/ telephones/ different two to Charged COURT: TIIE

TUE WITNESS: Yes, you could. could. you Yes, WITNESS: TUE

THE WTINESS. Yes, sir. sir. Yes, WTINESS. THE

THE COURT: Now, could I have mote than one credit credit one than mote have I could Now, COURT: THE

THE WITNESS: Appears on your MIL MIL your on Appears WITNESS: THE

THE COURT: The charge is then mode to me on my my on me to mode then is charge The COURT: THE

THE WITNESS: Yes. Yes. WITNESS: THE

B B

aCertantiS. aCertantiS. THE COURT: Tell roe the distinction between what I I what between distinction the roe Tell COURT: THE

it does not necessarily have to he in the the in he to have necessarily not does it

telephone? telephone?

Senator Kennedy, the cord itself. but it o bitted to his his to bitted o it but itself. cord the Kennedy, Senator show you and what you are trying to explain to me. me. to explain to trying are you what and you show

than I frankly at the morttegt du not understand I have have I understand not du morttegt the at frankly I than Think. six or seven cords assigned to that account. Now, Now, account. that to assigned cords seven or six Think.

THE WITNESS: I I WITNESS: THE

THE WITNESS. No. To explain it, in Boston he has has he Boston in it, explain To No. WITNESS. THE

billing account, telephone account, and there were, I I were, there and account, telephone account, billing

England area. I do not have the the have not do I area. England

accounts, one in Boston, one in Washington and one in in one and Washington in one Boston, in one accounts, phone company? company? phone

lase, is the Information that onginated in the New New the in onginated that Information the is lase,

MR. DINIS: Yes, the number of accounts he has. has. he accounts of number the Yes, DINIS: MR.

TUE COURT: He He COURT: TUE

THE WITNESS: No, sir. sir. No, WITNESS: THE had more than one credit card? card? credit one than more had

THE COURT: I dill don't gel this clear. Mr Kennedy Kennedy Mr clear. this gel don't dill I COURT: THE

that miginated in, lei roe sag, New Jersey, Maryland. Maryland. Jersey, New sag, roe lei in, miginated that

ive that number. number. that ive

credit card. It has that specific number. When I call I I call I When number. specific that has It card. credit

and his nuns alone? alone? nuns his and

and the cards, the original records that I do do I that records original the cards, the and

was was

had had

able to investigate three of his his of three investigate to able

one credit card from the tele- the from card credit one

be be

IS IS

Mr, Malloy has has Malloy Mr,

helpful. Ile Ile helpful.

Edgertown. 693 is Vine- Vine- is 693 Edgertown.

original original

are referring referring are

records of calls calls of records

puts them all all them puts

lust Goat Goat lust

name name

to Is the the Is to

- 13 13 -

of of

a a

Joan leave fondly home in Hyannis for Mary his I onerul. onerul. I his Mary for Hyannis in home fondly leave Joan

Q Now, this 1. on the morning— morning— the on 1. this Now, Q

Q It began at 10:57? 10:57? at began It Q

A On the morning of the '9th, sir. sir. '9th, the of morning the On A

Q And glint all lasted 23 minutes? minutes? 23 lasted all glint And Q

Sall showing signs of ncrident, Senator Kennedy and wife wife and Kennedy Senator ncrident, of signs showing Sall

A Twenty-three minutes and 54 &monde, sir. sir. &monde, 54 and minutes Twenty-three A

A Yee, di. di. Yee, A

THE WITNESS: Yea, sir. sir. Yea, WITNESS: THE

THE COURT: In other words, anyone can use my credit credit my use can anyone words, other In COURT: THE

Trif WITNESS. No, sir. sir. No, WITNESS. Trif

THE WITNESS: 14o 14o WITNESS: THE

THE COURT: I ask this mouton now. You do not not do You now. mouton this ask I COURT: THE

THE WITNESS: Yea, Yea, WITNESS: THE

THE COURT: P means p.m.? p.m.? means P COURT: THE

THE WITNESS: Yes, sir. sir. Yes, WITNESS: THE

card if they know the number? number? the know they if card

THE WITNESS' Yes, Sr. and and Sr. Yes, WITNESS' THE

or herself? herself? or

phone phone

require the person initiating the call to identify himself himself identify to call the initiating person the require

THE COURT: COURT: THE

THE COURT: Oh, I see. You have got a term location term a got have You see. I Oh, COURT: THE

it? Time mede, length of call, originated from 627 and and 627 from originated call, of length mede, Time it?

THE COURT: What about about What COURT: THE

693 with which 1 am very familiar, and it gives the town town the gives it and familiar, very am 1 which with 693

THE WITNESS: That That WITNESS: THE

What does LU mean? mean? LU does What

from which the call call the which from

THE COURT: Right now somebody is going to have to to have to going is somebody now Right COURT: THE difficult.

THE COURT' Isn't this thing self-explanatory? self-explanatory? thing this Isn't COURT' THE

ton, Virginia, would be a separate one. Washiugton Washiugton one. separate a be would Virginia, ton,

would he another one. one. another he would

the phone call originated, dr. dr. originated, call phone the

teach me what it meanie Would you just let me look at at look me let just you Would meanie it what me teach

density of the popuintion. popuintion. the of density

many different central outlets, depending upon the the upon depending outlets, central different many

DINIS: Welt, I don't know, your Honor. It Is not not Is It Honor. your know, don't I Welt, DINIS:

was was

Wed_ Wed_

A A

meant a.m.? a.m.? meant

.111e. .111e.

area area

air. air.

a a

code that I. indicate, sit. Arling- Arling- sit. indicate, I. that code

the Central Office from which which from Office Central the

area area

code? code?

the pally to to pally the

which the the which

, ,

Well, you left - there were two automobiles, s white A Yea, gr. THE COURT: Do you want to offer thin as an exhibit? A No, or. one and a black ono? ▪ And you did 001 one either Mr. Markham or hfr. Cameo MR. DINIS: Well, your Honor, I don't see any Mon in 0 Woe Mt. Kennedy's nephew Jueeph Kennedy there al A Yea. agaiii that night? offering it for the record. the Shiretown? And did you ride In one of these rats? A Not until' the next morning. THE COURT: It doesn't at ti.e moment tell me any- A As a guest? A Yes, I did. () Not until She next morning? thing. Q Asa guest. 0 Which car did you ride in? A Yeb, sir. MR. [HMIS: No, It doesn't, and lt,may nut. but we will A Not that I know of. A I'm nut really sure. I don't really remember. Q Alwhat lime did you Lee them the neat morning? make it part of the record, Q Now, sometime on the Afternoon of the 1.13th, did you Do you remember who way driving? A Probably somewhere around 7:00 o'clock. DIE COURT: Exhibit No. 4, f believe. go over to Chappaquiddlek? A No, sir. () 7:00 a.m. in the morning? (Compilation of hi of telephone numbers marked Ex. A Yes, Was Senator Kennedy there to greet you when you A Yea, air. hibil 4.) Q Were you in line races that day, the sailboat races? arrived in Chappaquiddick? Q And where did you ere them? MR. DINES: Thank you, gentlemen. There will be no A No, sir, THE COURT. Al the ferry? A in the cottage. fertile; questinna. Q You were not. Naturally you would not have been 0 (By Mr. Diets) At the ferry. 0 And when they arrived, how were duty dressed? Thank you very much for your assistance. aboard the Kennedy boat that afternoon? A No, sir. A I don't understand dot. You morn et 7:00 o'clock? (Witness excused.) A No, ail. You went ironicdiately to the house that hod been Q At 7:00 KAN. when you first saw them, they were Q Can you tell m how You epent your time that morning rented for the occasion? dressed, were they not? TESTIMONY sod afternoon of the let h? A Yes, sir. A Yea, gr. OP A Yen. Sometime late in the morning we were, we spent Far the party? Q They had elolhing on? RAYMOND S. LaROSA some time on the beech find than I relented to Edger- A Yes, sir. A Yes, sk. town sometime around 1:39. When you arrived at the house, who was there? 0 Whet condition was the clothing in? Before, Q And when you say "ere," who do you mean Sty that; A Mr. Markham. Mr. Crimmins, I believe. Senator A 1 didn't notice anything unusually different. Hon. James A. Boyk, mutton of the whom do you indicate was with you? Kennedy, and I don't recall who come down with the THE COURT: Why don't you atop a minute and go Edgartown District Court A Al whet limo, sir? can and who was driving the cars. hack? Who was it you Law again die next morning? Q In the beach area, the beach trip. Was Mr. Citron in that patty? THE WITNESS: / iv Mr. Coogan and Mr. Markham. Preeent: A If I can remember correctly, Mr. Gorgon and Mr. A l believe he was either at the house or was in one of the Q (By Mr. Dints) Su you gay In effect that after they Intl Edmund Uinta. Martel Attorney for the Markham, Mr. Thum-, myself, 1 heheve the Lyons girls. cars. 1 don't know. I don't recoil. et 12:15 whim you beard Secular Kennedy's voice, they Southern District of Massachusetts, 0 That is on the afternoon of the Idth7 0 Okay. Now, did you remain on Chapmemiddiek through did not return all evening? Armand Fernando, Assistent District Attorney, A This is in the morning of the 16th. the night; A I only know that they did return. I didn't see them. I Peter Goy. Assistant Ditittiet Attorney, Q in the morning? A Yea, sir. had gone to sleep. for the Commonwealth. A Ye, When did you knee Chappaquiddick7 Q II hod begurLoorted to COO ,11.41.-LikeY did return? Dueled J, Daley, Sr., Esq. and Paul J. Redmond, Q And what time did you leave the beech Arne A Sometime about 10:30 or 11:00 o'clock. A ' No, 1 tiory bud heard. Esq., for Raymond S. LaRosa. A Probutrly about 12:30 or so, qoartee of I:00. I don't the next morning? Whol did you hear? recall, really. A Yes, or. A 1 heard some voice, width I recognized. but I was in a Thome. Teller, Clerk of Courts O I see, and how did you spend the afternoon? 0 the 191h7 room with the door closed and I went hack to sleep. Helen S. Tyra, Temporary Court Officer A I spent the afternoon at the Shiretown Inn, molt of the A Yes, sir. 0 How many rooms In that house/ Harold T. McNeil and Sidney R. Lipman afternoon. Had you planned on staying overnight? A I think there are three. Official Court Stenographers. And at some Lime did you go ova lo Chapequiddick? A No, dr. Q Three roornit A In the afternoon) 0 Did something happen to cause you to remain there A Yea, air. Edgartown, Massachusetts, Q 113 the afternoon. overnight? Q And you were Ina room &lune? Monday, January 5, 1970 A No, air. A Yes, sir. A No, sir, Mr. Crimmina was Moo in there, Q Were you in the evening at Chappaquiddlek? Q 'Nhel happened? THE COURT: Suet ■ minute, now, I am getting a tittle RAYMOND S. Lo ROSA. Swum A Yea, sir. A Both - we had no transportation. confused here. Mb. Gateau and Mr. Markhent left, you Q And did you go over there alone? Q Well, there were two Automobiles, were there not? sold, left late that night? DIRECT EXAMINATION IlY MR. DIMS: A Ni., air. A Both eons were gene. THE WITNESS: Yea sir. Z..) May we have your Cal name please; Q And who went with you? Q Roth cars were gone? THE COURT: And you didn't 30e them until *bout A Raymond S. LaRosa. A Twerit - that evening I drove from the Kamen the five A Yes, Mr. 7:00 o'clock the next morning? Q And where do you reside, Mr laRose? or six girla, I don't recall, from Katame, to Ednorrown Q When did you make Otto discovery? THE WITNESS: That Is right. A 2 Headier Drive in Andover, Massachusetts. and dropped them off at the ferry. A Well. we reedited It when Mr. Markham and Mr. Cumin THE COURT: Rut then you said something about hear, Q What is your occupation? (;) l see. And how did you know that the girls were at left. inn some voles? A I am a regional field officer for the Feature' Office of Kamilla or that there were some girls to pick up? Left In the white Valiant? THE WITNESS: Well, sometime during the night. 11 C3vil Defense. A Sometime late In the afternoon, I don't recall who did, A Yet, sir. don't know whet time it was. This wan after they left. Q Mr. La Rose, directing your attention to Juty IS, 1969, but somebody asked me If I would pick thorn op some- Q With Senator Kennedy? THE COURT: And before 7:007 were you in the vicinity of Edgartown or Chappaquid- time around 7:30. A Yes, sit. THE WITNESS: Before 7:130 o'clock. dick'? Q And you left them m the ferry? Clt Did Senator Kennedy ham any conversation with you THE COURT: Did you recognize the voices? A Yee, sir_ A You. I left them on the ferry. around 11,15 that night? THE WITNESS: 1 ler30133033011 mires Q And can you tell an when you arrived in thin vicinity? Q On the Edgertown side? A Not directly, no. THE COURT; Did you recognize whose voiece they A I believe I arrived, oh, but 5:00 o'clock on the 17th. A Yes, sir. 0 01 12:55? were? The 17th? And what time was this? A I 'm not sure about the rime, but I was sitting out in THE WITNESS: I recovered Mr. Carsoink voice. I don't A 'Dorset's/. A Well, it was quite - n war almost dark. It had to he front of the cottage alone end I hoard a voice which l recall heating Mr. Markham. Q And did you coma with anyone? sometime after 6:30. recognized as Senator Kennedy's call my name out twice THE COURT; This WBS sonic-time after they tort late at A No, air. Q And do you know bow the girls went Orar to Chap- said I only vaguely saw a farm and it Was extremely night? Q You came alone? paquiddlck; how they got over there? dark and I was iooking into a light as t recall that is out THE WITNESS: Yes, sir. A Yes_ A I don't know exactly - I believe they mimed - naturally in from of the cottage. THE COURT: And sometime before they returned again Q Were you to meet anybody here? they went norms on the ferry. Q Did you see the Senator? at VOI) the neat morning? A Yen. O On the ferry. A Yegtedy. Not no that I could recognize him, but I THE WITNESS: Ni,, sometime before I saw them of Q And could we have the name, of the people or persons A I believe Meer were two cam on the other aide of the recov.oired his voice. 7:00 o'clock in the morning. [bat you were In meet? ferry that were used to go over to Chappaquiddick. Q Did he speak with you? THE COURT: Some aubatantlei amount of time A Well, I wan to meet Mr. Coman or Mr. Markham or Mr. Do you know the ownership of the ornomoblice in- A He only called my mine. THE Wil'NESS: Well. I don't really - Ddxoll volved? Q Was them any further conversation beyond your name? THE COURT: Well, it wasn't immediately? Q There had been a prior discuralon about your arrival A I think one was a rented ear. A Yee, gr, he asked me to gat Mr. Markham and Mr_ THE WITNESS: No, no, eh. here with these people? Q Was it a white Valiant? Cagan. THE COURT. All right. A Just Mal when we did errive, if we could, to go to the A 'Yes, I think one wag Q And did you do that? 0 (By Mr. Otnid And in the room that you were in was yacht club and somebody would he there. Q And was the other car the car of Senator Kennedy? A Yea, I did. Mr. Crimmins? Q And that prior discuaeion was with Mr. Markham and A Yes. sir. Q And where were Mr, Markham and Mr. ()organ when A Yes. Mr Cagan and writs elm? IL) Now, where did you go after? you found them? Q Anyone rise? A No, my only discussion was with Mr. Gargin. A I took my car up to the Shlretown inn and left it there A Inalde the cottage. A No. air. Q Were you aware that there was to be a cookout? and Went back and joined Limo rest of the group and Q And did they leave With Mr. Kennedy? Q Did Mr. Crimmins hear their nobles? A Not rattly. went over to Cbeppequiddick. A l don't Snow that for sure_ They left the cottage. I A Yes. Q Now, where did you any that night. the 17th? Q 1 me_ What automobile did you drive down to the house didn't See them leave. I didn't sae them drive awry_ O Did he get up? A At the Shiretown in front the Chappaquiddick side of the ferry? Q f take it then you were betide the cottage when they A I believe Mr. Crimmins did. Wan Mr. Kennedy there on the 17th? A I don't understand that. left? Dla he go out to see them? - 15- — 14 -

Q Were you aware of any difficulties occurring during the the during occurring difficulties any of aware you Were Q

Q But you did not? not? did you But Q

A Yes. Yes. A

Q You were not? not? were You Q

MI MI

A No, sir. sir. No, A

A No, Or. Or. No, A A Thal is right_ right_ is Thal A

Q Now, you said earlier you hadn't trimmed to spend the the spend to trimmed hadn't you earlier said you Now, Q

A No, sir, sir, No, A

Q Well, at same point you al= have given tip on that that on tip given have al= you point same at Well, Q

A I just assumed that wr would go back. back. go would wr that assumed just I A

Q Were you interested in finding a way back to Edgartown Edgartown to back way a finding in interested you Were Q Q At what point was that/ that/ was point what At Q

A That is right. right. is That A

Q Now, this would apply to all other parties at the house, house, the at parties other all to apply would this Now, Q

A The WILS after both the vehicles had left. We had no no had We left. had vehicles the both after WILS The A

Q lay Mr. Dinh/ Well, how many people remained in that that in remained people many how Well, Dinh/ Mr. lay Q

11, I didn't actually observe him leave, no, I want aware aware want I no, leave, him observe actually didn't I 11,

Q Now, at saint tune did you notice Senator Kennedy Kennedy Senator notice you did tune saint at Now, Q

Q On your arrival at the house in Chappeouiddick did you you did Chappeouiddick in house the at arrival your On Q

A Excluding Mr. Cargan and Mr Markham there were, I I were, there Markham Mr and Cargan Mr. Excluding A

42 And sou there • bar (hare? (hare? bar • there sou And 42

A Yes. air. air. Yes. A

ary.la's grief-Pakten parents (with Mrs. Francis Kopin) Kopin) Francis Mrs. (with parents grief-Pakten ary.la's

&alai of daughter in Lurk:rine. Penna. Penna. Lurk:rine. in daughter of &alai

night? night?

assumption. assumption.

to the Shiretown Inn? Inn? Shiretown the to

night at Chappaquidiak? Chappaquidiak? at night

THE COURT: Well, why don't you wail and let the the let and wail you don't why Well, COURT: THE

way of going except by foot. foot. by except going of way

house overnight? overnight? house

other ponies and uk them the question? question? the them uk and ponies other

something on that - - that on something

Isn't that so? so? that Isn't observe or did you partake of any cocktails being being cocktails any of partake you did or observe

think. seven or eight people, Sill people; I don't know, know, don't I people; Sill people, eight or seven think.

knee with MISSKopedme? MISSKopedme? with knee

that he had. had. he that

Nerved? Nerved?

- 16 - - 16 -

() Was d I help-yourself type of ahaneement? ahaneement? of type help-yourself I d Was ()

A No, MT. MT. No, A

Q Did euyone euyone Did Q

A Well, there is a counter. I would call It a counter in in counter a It call would I counter. a is there Well, A

Q Did you observe Edward Kennedy drink say cocktails at at cocktails say drink Kennedy Edward observe you Did Q

A Yes, sir. sir. Yes, A

Q For how song a period were you able to observe wheth- wheth- observe to able you were period a song how For Q

Q Do you know what he was drinking? drinking? was he what know you Do Q

A I think that I did, yes. I'm sure that I did, yes. yes. did, I that sure I'm yes. did, I that think I A

A No, sir, I don't. don't. I sir, No, A

A SOMCWIltre in that vicinity: sometime between quarter of of quarter between sometime vicinity: that in SOMCWIltre A

Q All right, you arrived arrived you right, All Q

Q Was everyone in the house after that hour of 9:00? 9:00? of hour that after house the in everyone Was Q

A I didn't make any special effort to observe him at all, all, at him observe to effort special any make didn't I A

Q When you arrived? arrived? you When Q

Q Yea. Yea. Q

A Y., getting dark; lust on the verge of it. it. of verge the on lust dark; getting Y., A

A Did they stay In the house? house? the In stay they Did A

0 Did anyone knee that you know of by automobile? automobile? by of know you that knee anyone Did 0

A No. No. A

A Yea, I think he went over to Edgartown to pick up a a up pick to Edgartown to over went he think I Yea, A

Q to an automobile? automobile? an to Q

() Did anyone go with him? him? with go anyone Did ()

A 1 think that Mr. Tretter left sometime shortly after we we after shortly sometime left Tretter Mr. that think 1 A

A I don't know. know. don't I A

() On this particular bar, did you have occasion to observe observe to occasion have you did bar, particular this On ()

A Them was quite a lot of things on the bar. There Weft Weft There bar. the on things of lot a quite was Them A

Q Could you estimate as to the number of bottles that that bottles of number the to as estimate you Could Q

() Well, was there - could I ask you whether there was a a was there whether you ask I could - there was Well, ()

A I would would I A

0 What kind of a drink was that? that? was drink a of kind What 0

Q Did you have anything to drink? drink? to anything have you Did Q

A I really don't know. know. don't really I A

A L had a drink of scotch, scotch, of drink a had L A

A I had one drink. drink. one had I A

ta Yes. Yes. ta

A During the evening of the 18th? 18th? the of evening the During A

A No, sir. sir. No, A

Q Have you aver been on Dyke Road in ChappaquIddick7 ChappaquIddick7 in Road Dyke on been aver you Have Q

A That is the road loadioss to ihe beach and we went to to went we and beach ihe to loadioss road the is That A

Q When have you been on that road? road? that on been you have When Q

A Yes, sir. sir. Yes, A

there and you might any that It was that that is:what it it is:what that that was It that any might you and there

Wilt used for. for. used Wilt

ell? ell?

er or not Edward Kennedy was drinking any coektells? coektells? any drinking was Kennedy Edward not or er

really. really.

o'clock? o'clock?

9:043 and 9:00 o'clock. It was dark, I recall that. that. recall I dark, was It o'clock. 9:00 and 9:043

arrived. 1 don't recall. recall. don't 1 arrived.

radio, if I remember correctly. correctly. remember I if radio,

for purposes of serving cocktails? cocktails? serving of purposes for is to how many 'bottles or what al rangement there win win there rangement al what or 'bottles many how to is

fun display of various kind. of liquor? liquor? of kind. various of display fun

exactly what was on there. I really don't know. know. don't really I there. on was what exactly

chips and things of that nature. So, I really can't recall recall can't really I So, nature. that of things and chips

various kinds of liquor, no. no. liquor, of kinds various

were there? there? were

(toning at this Moe? Moe? this at (toning

TIIE COURT: I would prefer not to have two of you you of two have to not prefer would I COURT: TIIE

an assistant District Attorney to proceed with the quea- quea- the with proceed to Attorney District assistant an

MR. DIMS: If your Honor please, will your Honor allow allow Honor your will please, Honor your If DIMS: MR.

another *ninon but prefembly not the same. same. the not prefembly but *ninon another

of you gets tired. laving one of you take over with with over take you of one laving tired. gets you of

examine one witness. I don't mind an alternation as one one as alternation an mind don't I witness. one examine

111E COURT. When they Valli swimming In the morn- morn- the In swimming Valli they When COURT. 111E

THE WITNESS: No, air. air. No, WITNESS: THE

the party? party? the

THE WITNESS THE

THE COURT: Who drove the ear? ear? the drove Who COURT: THE there? there?

THE WITNESS: Yes, I did did I Yes, WITNESS: THE

Did anyone go bathing or swimming while You were were You while swimming or bathing go anyone Did

ing did you go over to the beach at ChappaquIddick? ChappaquIddick? at beach the to over go you did ing

THE WITNESS: No. Not that day, uo uo day, that Not No. WITNESS: THE

Did you see any use of narcotic drop or barbituates at at barbituates or drop narcotic of use any see you Did

THE WITNESS: No. No. WITNESS: THE VW COURT: Al all on ChappaquIddick? ChappaquIddick? on all Al COURT: VW

THE COURT: You didn't drift any rani rani any drift didn't You COURT: THE

the hooch on Friday morning. morning. Friday on hooch the

my. my.

in in

no. I would say not a full display of of display full a not say would I no.

particular tend bar? bar? tend particular

- -

I am not really sure, your Honor. Honor. your sure, really not am I

what lime, did you say, 9:00 9:00 say, you did lime, what

A Yea, sit, on two aerations. aerations. two on sit, Yea, A

A Well, some time after Mr. Garton and Mr. Markham kit kit Markham Mr. and Garton Mr. after time some Well, A

Q Yea, air, air, Yea, Q

A You want ma to mists both ocsattions? ocsattions? both mists to ma want You A

Q On Iwo occrudonal And war there anyone else out there there out else anyone there war And occrudonal Iwo On Q

Q You were out in the street? street? the in out were You Q

A Yea, air, I wan. wan. I air, Yea, A

Q At some time •round e quarter of 1:00 do you know know you do 1:00 of quarter e •round time some At Q

Q And did any of the neighbors cone over to complain? complain? to over cone neighbors the of any did And Q

A Not that I recall. recall. I that Not A

A There could have been There was noise, noise, was There been have could There A

Q Wax them comiderible noise being made at the henna henna the at made being noise comiderible them Wax Q

A No. No. A

Q Yes Yes Q

A Excitement? Excitement? A

Q Now, at 701110 time daring the evening was there a great great a there was evening the daring time 701110 at Now, Q

A I realty don't know what time it was became I had had I became was it time what know don't realty I A

Q What lime did you hear the voices of Mr. Markham and and Markham Mr. of voices the hear you did lime What Q

A No. No. A

0 And 0

A The statement wus moiety mark, "Gee, I wonder what what wonder I "Gee, mark, moiety wus statement The A

Q What did they sayt sayt they did What Q

A No, they didn't say that. that. say didn't they No, A

Q And you mil 11, that at tome point itorneone asked you you asked itorneone point tome at that 11, mil you And Q

A No, sir. sir. No, A

(2 And wus this epprehereilon or this curiosity stared by by stared curiosity this or epprehereilon this wus And (2

Q Well, it u a [Man house. hatit? hatit? house. [Man a u it Well, Q

A I really don't know. know. don't really I A

A That Is right. right. Is That A

A No, there was no answer. answer. no was there No, A

A And If six or seven people were in the home at one one at home the in were people seven or six If And A

A Y., air. air. Y., A

Q And who said Chia? Chia? said who And Q

A There was same mention of, "1 wonder if anything anything if wonder "1 of, mention same was There A

Q Well, what do you know? know? you do what Well, Q

Q Well, in response to that question was there any answer? answer? any there was question that to response in Well, Q

A I don't recall. recall. don't I A

A Not directly. directly. Not A

Q What time did you retire - what time did you go to to go you did time what - retire you did time What Q

Ca In other wards, that beach was on Chappaquiddick Chappaquiddick on was beach that wards, other In Ca

A Yes, sir. sir. Yes, A

() On Friday morning what time did you go to the beach? beach? the to go you did time what morning Friday On ()

A That is very difficutt, but It was sometime after 2:00 or or 2:00 after sometime was It but difficutt, very is That A

tested that we rake a walk, and at one point I believe believe I point one at and walk, a rake we that tested

we kind of ran out of conversation and somebody mg- mg- somebody and conversation of out ran of kind we

with you? you? with

on the street in front of the house? house? the of front in street the on

whether or not not or whether

where you stayed? stayed? you where

THE COURT: I asked the question that you ate inking inking ate you that question the asked I COURT: THE

THE. COURT: You told ma you only recognized one one recognized only you ma told You COURT: THE.

deal of excitement at the house Where you were stay- stay- were you Where house the at excitement of deal

tog? tog?

now and his answer is in the record. record. the in is answer his and now Mr. Gerson? Gerson? Mr.

THE. WITNESS: That Is right, the only voice I heard. heard. I voice only the right, Is That WITNESS: THE.

rake, rake,

fallen &neap. &neap. fallen

They didn't say that? that? say didn't They

serious happoneat " " happoneat serious

happened," or something to that effect; "I hope nothing nothing hope "I effect; that to something or happened,"

what happened to Mary Jo? Jo? Mary to happened what

not? not?

time you would all be in close proximity, would you you would proximity, close in be all would you time

War there any response to the question? question? the to response any there War

more than one person? person? one than more

happened." happened."

THE COURT: The some one that Mr. Kennedy raid he he raid Kennedy Mr. that one some The COURT: THE

Do you know whether: or not there was any Inquiry for for Inquiry any was there not or whether: know you Do

went to on that morning. morning. that on to went

3:00, somewhere in that neighborhood. neighborhood. that in somewhere 3:00,

awirnniing and conic hack wound noontime. noontime. wound hack conic and awirnniing THE COURT: 1 asked him. He said that they all went went all they that said He him. asked 1 COURT: THE

meiotic. of your patty? patty? your of meiotic.

about. about. THE COURT: That is the question I hut asked him him asked hut I question the is That COURT: THE

the whereabouts of Mary Jo Kopechne by any of the the of any by Kopechne Jo Mary of whereabouts the

Island that you went to that afternoon? afternoon? that to went you that Island

bed? bed?

you Lava no recollection as to who asked it? it? asked who to as recollection no Lava you

any any

members of your party were outside outside were party your of members

- I? I? -

A A

didn't nand help, or something like that. that. like something or help, nand didn't

and then I remember trying .Inething to the effect that that effect the to .Inething trying remember I then and

heard tistlially the ran the tistlially heard

arcing II we needed a Mt or If we had any problem. problem. any had we If or Mt a needed we II arcing

What did he say? say? he did What

we are staying nearby, that everything is fine and we we and fine is everything that nearby, staying are we

Really I don't know. I didn't hear what he said I only only I said he what hear didn't I know. don't I Really

When this automobile was approaching (tom the direc- the (tom approaching was automobile this When

Yes, alt. alt. Yes,

After they, you MGM Waltham and flagon? flagon? and Waltham MGM you they, After

I don't really know, but I rammed it to be that he was was he that be to it rammed I but know, really don't I

Yes, air. air. Yes, emanating from the driver, Is that correct? correct? that Is driver, the from emanating

road, you say it slowed and them wan some toriversatIon toriversatIon some wan them and slowed it say you road,

tion of the ferry the almond time you want out on the the on out want you time almond the ferry the of tion

THE WITNESS: I really don't know. It wasn't tan long long tan wasn't It know. don't really I WITNESS: THE

THE COURT; 013 both these walks? walks? these both 013 COURT; THE

You mean the first walk? walk? first the mean You after they had left, left, had they after

helpful to so, but no wild guess. guess. wild no but so, to helpful

THE THE

of no value at all. If you can give an estimate, if you you if estimate, an give can you If all. at value no of

THE WITNESS: On both of them. them. of both On WITNESS: THE

Whit time was the first walk? walk? first the was time Whit

will, that 11 reasonably immune, then that would be be would that then immune, reasonably 11 that will,

with Senator Kennedy? Kennedy? Senator with

Yes, sir. They were gune before we went out far the the far out went we before gune were They sir. Yes,

walks. walks.

Now, had Mr. Markham and Mr. Gingen already left left already Gingen Mr. and Markham Mr. had Now,

I will ay so. so. ay will I

been about that time. time. that about been

Was It after 12:30? 12:30? after It Was

I'm I'm

taose," or something of that nature. nature. that of something or taose,"

:rehire, and I said, "I'm surly, we are staying very very staying are we surly, "I'm said, I and :rehire,

Wu Wu

TIIE COURT: In the same direction you were walking? walking? were you direction same the In COURT: TIIE statement, statement,

I think the aid, "Shove off," or something of that that of something or off," "Shove aid, the think I

something, and one of the girls made some kind of a a of kind some made girls the of one and something, Coming from the ferry and stopped and a titan or mime- or titan a and stopped and ferry the from Coming 'THE WITNESS' Yes, and Unwed down and didn't stop stop didn't and down Unwed and Yes, WITNESS' 'THE

laxly said, I think ho mart) tit whether we need help or or help need we whether tit mart) ho think I said, laxly

but another car came the other way heading towards mu mu towards heading way other the came car another but

road. I just don't recall how far or how long we walked, walked, we long how or far how recall don't just I road.

and just kept on its way find we continued on down the the down on continued we find way its on kept just and

THE WITNESS: Heading towards the ferry. ferry. the towards Heading WITNESS: THE

THE COURT: In which direction was it going? going? it was direction which In COURT: THE

hands out In this fashion (Indicating). you know, for the the for know, you (Indicating). fashion this In out hands

THE WITNESS: When the roads loin? No, sir. I rm.!l rm.!l I sir. No, loin? roads the When WITNESS: THE

THF. COURT: Had you gone gone you Had COURT: THF. two girls to kind of protect them. them. protect of kind to girls two

ferry. ferry.

TIIE WITNESS: Well, 1 believe - 1 don't know Imo far far Imo know don't 1 - believe 1 Well, WITNESS: TIIE

THE COURT: Now, tail ue about the cars. cars. the about ue tail Now, COURT: THE THE WITNESS: We went toward. the ferry the second second the ferry the toward. went We WITNESS: THE

we had gone from the house heading towards the ferry, ferry, the towards heading house the from gone had we

road, walking because It was terribly dark. dark. terribly was It because walking road,

THE COURT: The second time whirls way were you you were way whirls time second The COURT: THE

TIIE WITNESS: Yea, I guess in that direction. direction. that in guess I Yea, WITNESS: TIIE

walking along the lines. I recall there is a tine on the the on tine a is there recall I lines. the along walking

her sister and myself, moil we were walking towards the the towards walking were we moil myself, and sister her

I recall this became tho car came along and I held my my held I and along came car tho became this recall I

time and there were three of on that time, Nance Lyons. Lyons. Nance time, that on of three were there and time

The first time you old you west welkin* away from the the from away welkin* west you old you time first The

ferry? ferry?

walking? walking?

THE COURT: Let's find out more about the second second the about more out find Let's COURT: THE time. time.

And what time was this? this? was time what And

one that slowed down. down. slowed that one

}low about the second walk? walk? second the about }low

An automobile stopped and I believe there was another another was there believe I and stopped automobile An

I don't recall. Not the lint walk. walk. lint the Not recall. don't I the road? road? the

NO, I think we were going in Me opposite direction. direction. opposite Me in going were we think I NO,

And were you going towards the ferry at this time? time? this at ferry the towards going you were And

the two Lyons sitters, Susan Tannenbaum and myself myself and Tannenbaum Susan sitters, Lyons two the

went fur a short walk out on the toad. toad. the on out walk short a fur went

ea. ea.

Did an aolomobile slow down white you were out on on out were you white down slow aolomobile an Did

not not

this some time around quarter of 1:00? 1:00? of quarter around time some this

COURT: Now, plume don't guess. A geese it just just it geese A guess. don't plume Now, COURT:

lure about the time, bust am lure it might have have might it lure am bust time, the about lure

and and

I think I apologized. apologized. I think I

rake of one of any armpanions, armpanions, any of one of rake

on on far as the curve? curve? the as far Q And you say this was mound 12:45 etn.? A No. lie picked us up end we got in the err and he told Q Yoe A Miss Susie Tonneabaum, Mien Cricket Keough, Miss Mary A I'm not exactly sine of the time. Ion it prolsebly could them haa been an accident and he drove back to the A Beyond the light. I was looking into that light because I Jo Kopechns, Maryellen Lyoms, and Esther Newburgh, have been about that time. I don't know. colter, end when coo asked him what kind of an acci- wen seated on the ground real it and looking into at. I the five of them. Q And Mr Careers and Mr. Wickham end Senator Kennedy dent, what happened. we sally pot no replyuntil we HUVe him standing out by a from as for no I recall; Q l take iI you arrived together finer Washington. is that had left prior to that time? got heck to the cottage and went inside and he 'shadow, a form. l recognized the voice more than I it? A Ycs, air. "Sit down," and he said, "There has hcen an accident," recognized the ohmer that I saw. A No, I drove down from Benton with them. Q How torch time had elapsed between this car driving by and that Miss Kopechne was miming. Q You dal net ao near him of MI? Q I arc. Now, what was the purpose of your veal to the and Senator Kennedy, Mr. Carron end Mr Markham Q Mr. Gareert on the 19th told you at 9:30 p m. that A No, Fir, 1 did not. Dia nd? Mary In was missing? !urine the cottage? Q Hew long have you known the Senator? A To observe the Edgariown Rce.alto and to see Senator A I really don't know. A That is right. A Seven Cr right yearn. Kennedy- Q Mr. Markham wasn't prewar? Q Was it a long time? Q Was there anything about his voice on that occasion Q Ilad there been plans made, for some kind of a gathering A No, sir, A Well, 1 think whet prompted or in lake the walks was when he called to you that attrected your attention? et a cottage on °mop:meld:Eck. that you are aware Of et that were just sluing down with no way of haring and Q Was there any further diannsaion about Om dkappear- A No, sir, he simply said, "Ray," and I looked around. 1 Ibis lima? twilling to do and the convermlion wen pretty thin and anon of Many Jo Kopechne? didn't know where It came from. He repeated it again A Nol specifically. it was Clint they had left, and for the sake of something A Ae l recall, there were a lot of hurried questions but I and I mood up and he caked me to gel Paul Markham (a Sometime later on In your stay Am you became aware meat/ any of the spedfirs. to do. don't - and Joe Gargan, which I did. that piano heal been made for a gatheriteal Q What kind at question, were naked at that thee? Q tic you have may idea as to how much lime elapsed Q Did you have any — did you see the Senator'. Car et A Yea. Wan it the Pannier, and between the two walks that you took! A. Well, what happened, where, that time when he celled to you? Q Arid when was Mal? When did you become aware of ill A If oily recollection is correct, it was a short lime and I things of that nature, what happened to the Senator. A No, sit. A In apceific, when 1 arrived, the night when I arrived_ would only be gumming. I will say five or len minutes or Q Was there a reply to these questions? MR. DINE: No further question., your [loner. Q How did you become aware of it; who told you? A No, jail that there had been an accident and there was 15 minutes. I really don't know, I just wasn't making THE COURT: I don't think we need this witness again, A When I got off the ferry with the girls 1 was with, I no explanation really. notes of these things at the time because they were riot do you, Mr. Di led called — I didn't call, one of the other girls called Joe important. Q Now, then did you leave the cottage? MR. DIMS: Not artless aotnething should develop, your Gorgon and he armpit Q How far down the load did you continue the second A Me. Gamut left the cottage with the girls, the punning Honor; no, eh. Q Do you know which girl? time, your BCCOnd walk? ladies Hull were remaining. THE COURT: All right, you are encased. You may A Which al the pHs called? A Again I don't know. We walked some &Mance I don't Q All of them? lure the Island. Q Yes. A t behave there were one or two of them were remaining. know how far it was. We were walking very slowly and (lWitnes{ teemed.) A No, I don't. It was a very complicated aeries of calla, They had gone back earlier, the oaten how much you can cover to 10 or 15 or 20 minutes I TIlli COURT: Who is the neat wheels? It may be one because we hed to call, I think., Washington to get the don't know. There was, you know, nothing to gauge it Q Did you leave with them, too? of your chant.. I think it is Mi. Trotter. number where he wan. A No. by It was just totally black. MR. DINIS: Yea, it he avaliable? Q Now, did you make arrangements to stay on the Intend, Q Did you learn at some time that Mary Jo Kopechne had Q You remained st the college? MR. REDMOND: Yea, he is the one we kepi this after- accommod 1 ions? been drowned? A Yea, air. noon. A I don't understand. A I learned that when I arrived hack it Edgrotown I Q Did Mr. Markham appeat Mier? THE COURT: Charles Troller is the next one? Q Well, did you check in it any hotels, motel, and ao found that to be the case when I arrived had( at A No, sir. MR. DINTS; Pardon, sir? forth? Edgarlown. 45 Were you alone at the cottage? THE COURT: Charles Trelterl A Yes, Shiretown Inn. Q What tithe was that? A No, Mr. Crimmins was with toe. MR. DINGS: Yea, sir. Q The entire group? A Somewhere around II o'clock on Saturday morning. Q Was anyone else with you? A No, Mr LaRosa and l were slurring a - Q And when you same bark, or, that is, when you left the A No, air. TESTIMONY Q Well. where did you meet Mr. LaRosa? 15 When did you leave the cottage and how? Chappaquiddick cottage did you Love ill u. roue? OF TILE COURT: Could I interrupt fore second? You said A We began walking hack again and a woman and a child A Wall, I left an two caccamona. The fon occasion I again CHARLES C. METTER some of the group celled Washington? offered an it ride. We rode hark to Edgar- would toy that it was somewhere after 9 o'clock, maybe stopped and THE WITNESS: Yes, sir. town with them and unused over on the ferry with 9.20, 9:30. Before' THE COURT: Did they use a credit card? Q In the morning an the 19th? them. Hon. lame, A. Boyle, Justice of the TIIE WITNESS: I don't know whet happened. Q When did you learn that Mary he Rapechnes body had A That a right, when we decided that — we were waiting Edgarlown District Court THE COURT: No, I just warned to know whether they been found? for a ride and decided to walk. Some of the people had Preterit. made a toil call and paid moth or used a credit card. A 1 learned the &toile of that when I arrived bark at the left earlier, an hour or so earlier, t don't know what Edmund Dinka, District Attorney for the DIE WITNESS: I don't know.. Shiretown. time Southern District of Measachinelle. THE COURT: All Halo. Q How did you learn that? Q When you coy we, who du you mean? Armand Fernendea, Ambient District Attorney, .1) (Sy Mr. Fommoies) I think somewhere along Wm thee A I began to ask some questions of my young aerociatra A J am trying to think who was them Mr. Crimmins, Miss Pater Guy, Assistant District Attorney, you reel Mr, LaRosa? who were their. Tannenbaum. 1 am not even sure of that. One nr two of for the Commonwealth. A You, kin Q What associates? the Mehl. f don't 'cull exactly who was with us. We Q And where was that? were walking back towards the ferry when a car coming A Mr. Trotter wan there. Daniel J. Daley, Sr., Esq. and Paul J. Redmond, A At the Shiretown. Q Mr. Trotter? from the ferry driven by Mr. Gargan stopped, was corn- Eaq., for Chorine C. Trotter. And I had asked you where these other people, if you A I think Mr. Carman was there at the ing to a atop, and he told us to gel in, which we did. know, you wear with mein Arrangements to stay where! Q And this Vial oboist what time that you arrived at the Q What time was this? Thomas Teller, Mai of Courts Shiretown? A 1 don't know where they had made the arrangement... A Somewhere mound 9:30, because I think — that kind of Helen S. Tyra, Temporary Coed Officer Q 1 take it you came to Ealgartown and that i. the A Well, .1 4.71/1.t give you specifically the Lime. Maybe in 1111 sticks with me because I think we were getting a little Herold T. McNeil end Sidney R. Lipman, yOU mw of them for a period or lime? this respect I ran. I remember Mr. Crimmins and I went tired of writing. Official Court Stenographem. A No, I checked Min the — I signed Into the Shiretown Q Now. had you seen Mn. Geegan and Mr. Merldmin earlier down to the ferry because we had heard that the car was being towed on across. 1 don't know what Lillie that Inn and went to my room which was occupied oho by that monlina? Edgenown, Massachtmetta Mr. LaRosa end some time liner we — can't recall a Wan. A Yes; sir, at the cottage. Monthly, January 5, 1970 noodle time, but some time later we did all get together Q Glad you ever met Mix Kopeehne before? Q What time, 7:00? and we went out to Katema where the gifts stayed. A About Ora!? A No, air. CHARLES C. TRETTER, Sworn Q They had elnemly gone? Q NOW, did you tee Senator Kennedy when he lett at Q Did you have any conversation with him/ A Yes. A 1 believe we did but, you know-- 11:15? Did you notice his departure? DIRECT EXAMINATION BY MR. DINTS: Q A I don't recall actually mein him go out the door, no. fhb woo on Thursday evening. is that right? Q They sold you nothing of the accident? Q What Is your fun ramie, plum? A Yes . Q Where were you when Senator Kennedy left the col- A No, sir. A Clud. C. Trotter. Q Did them come a time that you went to Limppaquid- no COURT: You mean tie, don't you? the only raid lage? Q And when do you reside? dick? A I bat cre I we. Ira the living room section of it end most Mr. Gorgon, then von Said they. A 91 Monroe Street, Dedham. A Yea. everybody cons Mending, and I think I was over Mae MR. DINISi 3 ern talking about Mr. Careen or Mr. ig t•w?p1-34 Your Honor, may Mr. Fernando. examine Q And when was that for the first time? Markham. that fireplace. Q Did you notice Miss Kopechne knee with him? A The exact time I couldn't tell you. Q You MOM them al 7 o'clock at the cottage on the 19th? THE COURT: lie and he alone. Q Do you know adult day? A I don't recall toeing either one of them actually On out A Yas_ Q (By Mr. Fernando.) Dimming your suentirre. Mr TIM- A Thursday evening '111E COURT: The two of thane? the door. ter to July 18, 19, 1969, did you have occasion to be Q Did you make any obacoeution of Senator Kennedy', 45 Thursday evening, the day you arrived? here in Martha's Vineyard? THE WITNESS: The two of them. condition with regards, to sobriety at the time he left A Yes. 45 And neither one told you scything about the accident? A Yee, did. 9 And could you tell the Court the purposes of your visit A That is correct. the cottage? Q And could you tell m when you arrived? that day? A I didn't notice anything unusual. In 111H 1.1111.401. Q Now, the next time you taw Mr. Careen wan in the A I arrived on Thuraley evening at approximately 8.:00 when you saw the Senator nut under the light A The purpose of the vista to Chermanuldthek woe mat lo automobile at 9:30— Q New, o'clock. when he ailed to you — see the place where we WHIT going to hove a cookout. A Yea, air. Q With whom? Q How did you gm there? Q --he picked you op and took you hack tr., the ferry? A The Senator was Mending mit near the Ktreet. — — — 19 —

Q Was there more than one cur? cur? one than more there Was Q

Q And did you stay at Chappoquiddick that night? night? that Chappoquiddick at stay you did And Q

Q Well, there were how many people? You counted counted You people? many how were there Well, Q

Q Mr. Driscoll; that is Eve. Eve. is that Driscoll; Mr. Q

Q Do you know whether ro not any of the girls had come come had girls the of any not ro whether know you Do Q

Q Well, who weer with you? you? with weer who Well, Q

Q And I Lewd - were you alone with Mr. Leftism when when Leftism Mr. with alone you were - Lewd I And Q

Q With whom? whom? With Q

Q Approximately what time? time? what Approximately Q Q Yes. Yes. Q A Yes, I guess these were Iwo can. can. Iwo were these guess I Yes, A

Q Was Mr. Kennedy with you? you? with Kennedy Mr. Was Q Q With whom? whom? With Q

Q Now long dui you stay on Chappequiddiek Dud day? day? Dud Chappequiddiek on stay you dui long Now Q

Q Over Dyke Road and Dike Bridge? Bridge? Dike and Road Dyke Over Q

Cy Did you have occasion 10 go on Dyke Road or Dike Dike or Road Dyke on go 10 occasion have you Did Cy

A Mr. Crimmins Crimmins Mr. A

A I think Mr. Grogan, Mr. Driscoll, Mr. Crimmine, myself myself Crimmine, Mr. Driscoll, Mr. Grogan, Mr. think I A

Q Approxinuttely whet time was that, I:00 o'clock, 2:00 2:00 o'clock, I:00 that, was time whet Approxinuttely Q

A Mr. LaRosa, Mr. - let's see, l'rn trying to think - Mr. Mr. - think to trying l'rn see, let's - Mr. LaRosa, Mr. A A Perhaps an hour. hour. an Perhaps A Q Now, sometime on Friday - this is Friday the 18th - - 18th the Friday is this - Friday on sometime Now, Q

Q Do you know if he drove any car that day on this this on day that car any drove he if know you Do Q Q Q

Q Approximately whet time? time? whet Approximately Q

Q There There Q A You are referring to Thursday night? night? Thursday to referring are You A

Q And thin a an area off Dyke Rood end Dike Bridge? Bridge? Dike end Rood Dyke off area an a thin And Q

A No, I think - nu, I wasn't alone with him. him. with alone wasn't I nu, - think I No, A

A Yos. Mary Jo, Swan and Theresa Newburgh. Newburgh. Theresa and Swan Jo, Mary Yos. A

A No. No. A

Q I trust you went back to Edgemown? Edgemown? to back went you trust I Q Q Was Mr. Crimmins with you? you? with Crimmins Mr. Was Q

A Yes. Yes. A

Q How did you get to Chapraquiddick that day? day? that Chapraquiddick to get you did How Q

A Yea. Yea. A

Q And you say miss Kopeehne was with you in that that in you with was Kopeehne miss say you And Q A A

Q Was it a white Valium? Valium? white a it Was Q

Q AU right. Now, where did you go? Yon went swimming, swimming, went Yon go? you did where Now, right. AU Q

A It would have been catty afternoon after the races had had races the after afternoon catty been have would It A Q Wee Mr. Kennedy's car one of Mom ears? ears? Mom of one car Kennedy's Mr. Wee Q

A I don't remember that. There must love been, but I I but been, love must There that. remember don't I A

A Again by ferry and then drove to the beach. beach. the to drove then and ferry by Again A

A Yes. Yes. A

A Excuse me, I'm sorry, in the morning. I'm sorry, in the the in sorry, I'm morning. the in sorry, I'm me, Excuse A

A Over the ferry end by automobile. automobile. by end ferry the Over A

A It could either have been a white Valiant or a Mercury, Mercury, a or Valiant white a been have either could It A

A No. No. A

A No, I don't remember. I don't remember. remember. don't I remember. don't I No, A

A Yea. Yea. A

A No. he was not not was he No. A

A It would have been, I guess, after 1,00. 1,00. after guess, I been, have would It A Q And whose automohrle was it; wus It Mr. LaRosa's? LaRosa's? Mr. It wus it; was automohrle whose And Q

A Yes. Yes. A

A I don't remember specifically. specifically. remember don't I A Q Q A Yes, there there Yes, A

A II was either Mr. - It could have been Mr. LaRosa's; I'm I'm LaRosa's; Mr. been have could It - Mr. either was II A

A It would love been perhaps 11:00. 11:00. perhaps been love would It A

A Yes. Yes. A

A C. A

A Yes. Yes. A

1 1

approximatety approximatety

LaRosa, yourself, Mr Crimmins? Crimmins? Mr yourself, LaRosa, Bridge that day? day? that Bridge

over that day? day? that over

don't remember. remember. don't

o'clock? o'clock? Was Was

started. started. you went to this cottage? cottage? this to went you

believe Miss Keough, Miss Tannenbaum, Miss Keough, Keough, Miss Tannenbaum, Miss Keough, Miss believe which Mr. LaRosa had with Inns, a Mercury acclan. acclan. Mercury a Inns, with had LaRosa Mr. which did you have occasion to come to flappaquidelick? flappaquidelick? to come to occasion have you did

Miss 'Tannenbaum. 'Tannenbaum. Miss

pettleuna instance that you describe to whet 1 mean? mean? 1 whet to describe you that instance pettleuna training, yes, in the morning I was at Chappeomddick. Chappeomddick. at was I morning the in yes, training,

LaRosa, Mt aithmins, Mr. Markham, myself, and I I and myself, Markham, Mr. aithmins, Mt LaRosa,

is that what you said? said? you what that is

And And 1101 WM. WM. 1101

don't know. know. don't

° °

Mary Ia Kornichne with you? you? with Kornichne Ia Mary

was this beach beach this was

Were Were

wens. wens.

too too

nix, I I nix,

cure? cure?

run run

believe, Mr. G.-0. and Mr. Mr. and G.-0. Mr. believe,

Dyke Road? Road? Dyke

- 20 - - 20 -

0 Sobsequently again did you return return you did again Sobsequently 0

Q Q

Q You went to the cottage? cottage? the to went You Q

A Yes. Yes. A

Q No one else waa there? there? waa else one No Q

A No. No. A

Q Jost Mr. Markham and yourair yourair and Markham Mr. Jost Q

A Yes. Yes. A

Q Q

A Yes. Yes. A

I) This in the 18111? 18111? the in This I)

Q Who was there when you arrived at Ilia buck, anyon buck, Ilia at arrived you when there was Who Q

Q Was Mr. Markham driving this time or you? you? or time this driving Markham Mr. Was Q

Q Q

A luirt Mr_ Markham. Markham. Mr_ luirt A Q You do not? not? do You Q A No. No. A

Q You had received It from Mr. Crimmins? Crimmins? Mr. from It received had You Q Q Many Many Q

Q And what time was the second trip to Chappaquiddick? Chappaquiddick? to trip second the was time what And Q

Q Q

Q Do you know who rented it? it? rented who know you Do Q

Q Wull, do you know? I don't want you to guess. guess. to you want don't I know? you do Wull, Q A A Q Q

Q Q

A I don't. don't. I A

A No No A Q Do you know to whom this car belonged? belonged? car this whom to know you Do Q

A Immediately we got It from Mr. Crimnilne. Crimnilne. Mr. from It got we Immediately A Q And how did you get over? over? get you did how And Q

Q And how many times did you go over the ferry, approx- approx- ferry, the over go you did times many how And Q

Q All right. When you left an h h an left you When right. All Q Q And then they returned to Edgartown? Edgartown? to returned they then And Q

Q C Q

A Wr observed the races of the ships we the boats an you you an boats the we ships the of races the observed Wr A

A I was driving. driving. was I A

A I'm nut sure. Eventually they did. I guess they did did they guess I did. they Eventually sure. nut I'm A

Q They did, and do you know what time they dad? dad? they time what know you do and did, They Q A The day of the the of day The A

Q All right; right; All Q Q Dyou know hove long they stayed? stayed? they long hove know Dyou Q

A I believe it was tire Visitant. Visitant. tire was it believe I A

A Mr. Markham. Markham. Mr. A

A I I A

A Let's see, there would have been four. four. been have would there see, Let's A

A A A Y A

A It won perhaps an bow or an hour and a half longer. longer. half a and hour an or bow an perhaps won It A

Q They stayed? stayed? They Q

A It would be after 1:00, sometime after 1.00. 1.00. after sometime 1:00, after be would It A

A They did ultimately, yes. yes. ultimately, did They A

Q Q

A On the ferry. ferry. the On A A Mr. LeRnm. LeRnm. Mr. A

A Yee. Yee. A A It's hard to guess, because I was neer it many times times many it neer was I because guess, to hard It's A A I think it was a rented car car rented a was it think I A

A They rtayed. rtayed. They A

Q Q

A Mr. (Therein. and Mr. Markham and and Markham Mr. and (Therein. Mr. A

A About an horn. horn. an About A

I I

Yes. Yes.

that day? day? that

at the so-called party? party? so-called the at

You You

you left there there left you E

Now, you my you you my you Now,

Chappaquiddick the second time? time? second the Chappaquiddick Do you know from whom you got the mu? mu? the got you whom from know you Do could see them from the road and then went to the the to went then and road the from them see could

bea

imately? imately?

And who wail at the cartage? cartage? the at wail who And besides the girls you described earlier? earlier? described you girls the besides

before they did ot ot did they before you say you went went you say you

eventually, yes. yes. eventually,

Y paquiddick? paquiddick?

All right Now, when did you go upon arriving at at arriving upon go you did when Now, right All

And And

the linti you returned again from Eden from again returned you linti the

After taking the ferry, did you love a ear? ear? a love you did ferry, the taking After

the (nary. (nary. the

And the rest of the party? party? the of rest the And

to the ferry and went over to the F.dgarloweri side. side. F.dgarloweri the to over went and ferry the to

And what did you do next? next? do you did what And

And how long a lime did you stay there? there? stay you did lime a long how And

don't. don't.

don't know. I had gone with Mr. Crimmins. Crimmins. Mr. with gone had I know. don't

7uld you tell as what car it was? was? it car what as tell you 7uld

'' ''

returned to Edgertmen? Edgertmen? to returned

with whom were you? you? were whom with

times. times.

gai

u u

fiat entire weekend, how many them would would them many how weekend, entire fiat

and then to the cottage and then back to to back then and cottage the to then and

Now, did there come a time when later on on later when time a come there did Now,

earlier .1111 then at at then .1111 earlier

regatta, regatta,

on on

went 10 10 went

Dyke Road and Dike Bridge? Bridge? Dike and Road Dyke

won:them won:them

yea, sir sir yea,

the beach. Were the people people the Were beach. the

they did, who was ten ten was who did, they

had they returned? returned? they had

approximately or an an or approximately

to Chappaquiddick Chappaquiddick to

myself myself

town to Chap. Chap. to town

darer back back darer

on on

e e

Q Q

'Q No one did. Dow long did you stay there OW time In In time OW there stay you did long Dow did. one No 'Q

A Yes. I had oration to drive three woman cars all all cars woman three drive to oration had I Yes. A

Q You soy there were three an al the party; Mr. Ken- Ken- Mr. party; the al an three were there soy You Q

A It was alter 8.00. 8.00. alter was It A

A Yes, Yes, A

Q Would you tell in what car you were were you car what in tell you Would Q

Q What did you do upon going back to Edgartown? Edgartown? to back going upon do you did What Q

A I bought hags or ice, some tonic and cigarettes. cigarettes. and tonic some ice, or hags bought I A

Q And the three people that you left behind, continuing continuing behind, left you that people three the And Q

A Yes Yes A

Q Alone? Alone? Q

A I are not - there were three of them and and them of three were there - not are I A

Q All right. Then what did you do? do? you did what Then right. All Q

A Then I returned to Edgettown. Edgettown. to returned I Then A

A Perlopa • half hour to forty-live minutes. minutes. forty-live to hour half • Perlopa A

A Yee. Yee. A

Q Q Q You say charcoal, ice; was there anything else about about else anything there was ice; charcoal, say You Q

A No. No. A

Q There was some there? there? some was There Q

A A

Q There was no liquor at that time? time? that at liquor no was There Q Q Q

A There wm liquor then. then. liquor wm There A A I waa looking to lee if there wee any ice, enough enough ice, any wee there if lee to looking waa I A

Q Q

A Just roll -no. -no. roll Just A

A Yes. Then was conversation between the four of us. us. of four the between conversation was Then Yes. A

A Yes. Yes. A

A We started to get ready for the cookout in terms of of terms in cookout the for ready get to started We A

Q Just two people? people? two Just Q

Q Who le "we," the four of you? you? of four the "we," le Who Q

Q Q

Q Then your mower is you were aware that that aware were you is mower your Then Q

Q Q

A Sewtor Kennedy, Mr. Crimmina, and I'm not nave, nave, not I'm and Crimmina, Mr. Kennedy, Sewtor A

A Yes. Yes. A

Q By the wry, in your greeds did you become eware of of eware become you did greeds your in wry, the By Q

A Yes. Yes. A

Cr You went where? where? went You Cr

A Yes. Yes. A

Q All right. Continuing alone with this trip with Mr. Mark- Mark- Mr. with trip this with alone Continuing right. All Q

A Yes. Yes. A

A There There A

Q You made other nips from 6:30 6:30 from nips other made You Q

A Yea. Yea. A

Q Q A A

Q Q

A A

Q With whom and when? when? and whom With Q

A Yes. Yes. A

A. It was Mr. Markham and I believe it waa 6:30 or quarter quarter or 6:30 waa it believe I and Markham Mr. was It A.

calla? calla?

returned to rloppequIddick? rloppequIddick? to returned 1 1

intermixed. intermixed.

And ripproximitely whir lime did you get back them? them? back get you did lime whir ripproximitely And

And And

time other than the three people you say you haft haft you say you people three the than other time

nedy's car, the rented ear. and Mr. LaRosa'e car. Are Are car. LaRosa'e Mr. and ear. rented the car, nedy's

on with the arrangement', is that right? right? that is arrangement', the with on

these the three you are talking about? about? talking are you three the these

which of the three I I three the of which

Now, did anyone else arrive while you war there? there? war you while arrive else anyone did Now,

food or drink present at that time? time? that at present drink or food

charcoal, soft drink., and I think Mr. Crimmins men- men- Crimmins Mr. think I and drink., soft charcoal,

I see. What dirt thaw preparations consist of? of? consist preparations thaw dirt What see. I

Yea. Yea.

the contrary of the people you lost desc lost you people the of contrary the

Kennedy? Kennedy?

take it you took them items you proctored and and proctored you items them took you it take

tinned that we should gm some cigarette.. cigarette.. some gm should we that tinned

Mr. Markham, Mr. Crimmins, yourself, and Senator Senator and yourself, Crimmins, Mr. Markham, Mr.

If anyone? anyone? If

And what did you do neat? neat? do you did what And

don't Whew he was. was. he Whew don't

think that is all. I'm not sine if Mr. Cagan was there. there. was Cagan Mr. if sine not I'm all. is that think

not operate all night? night? all operate not

cottage? cottage? have asked or saw the sign. sign. the saw or asked have

To To

And who was there at this time at 610 or thereabout., thereabout., or 610 at time this at there was who And

You say you continued on with Mr. Markham to the the to Markham Mr. with on continued you say You

No. No. ham, you were driving? driving? were you ham,

the fact that that fact the

Settle Settle

And Is this the hot trip swatted fat you? you? fat swatted trip hot the this Is And

I I

of 7.00, 3.00 o'clock, ratty ratty o'clock, 3.00 7.00, of

beleive so. so. beleive

I I

the consist: In Chappaquiddlek. Chappaquiddlek. In consist: the

could you tell the Court who was present at this this at present was who Court the tell you could

did did

car? car?

was Sonic Sonic was

the the

reference. I saw the limn, I think. I may may I think. I limn, the saw I reference.

ferry did not overele all night? night? all overele not did ferry

used used

al that time, time, that al

On On

wing wing

through the night? night? the through

I I

bed to as? as? to bed

am not sore sore not am

at this time? time? this at

the lefty lefty the

did did

- -

I I

21 - - 21

Q Now, what happened next? next? happened what Now, Q

A I brought the ice m and and m ice the brought I A

Q It was Mr. LaRauf's ear? ear? LaRauf's Mr. was It Q

Q Q

Q So you ale all al the pony? pony? the al all ale you So Q

A Yes, Ur Ur Yes, A

A Yes, M. M. Yes, A

A It was Mr. LaRcrial. LaRcrial. Mr. was It A

Q By the way, did you give them them give you did way, the By Q

A Na, they had a a had they Na, A

Q Q

A That to right. right. to That A A Very little, because the malority - - malority the because little, Very A

Q 'The charcoal wasn't there for one thing thing one for there wasn't charcoal 'The Q

Q There veto net one else in attendance at that party at any any at party that at attendance in else one net veto There Q

A As As A • •

Q All right. Now, what waa the activity going on et riot riot et on going activity the waa what Now, right. All Q

A No_ No_ A

A A

0 Was she there at that time? time? that at there she Was 0

A Yes. Yes. A at been was party that at was who everyone nay to Safe Q

A No. No. A

Q Were there soy other people at the party other than the the than other party the at people other soy there Were Q

A Mr. LaRosa Mr. Carman; of course, the Senator Senator the course, of Carman; Mr. LaRosa Mr. A

A Yes. Yes. A

Pollee Chin) Arena with County Clerk Teller. Teller. Clerk County with Arena Chin) Pollee

themselme themselme

They They

on? on? ahead of me me of ahead

et/Incidentally on the ferry with the people that that people the with ferry the on et/Incidentally

You mean some of these other pertespatns? pertespatns? other these of some mean You

them had gotten there, there, gotten had them

That in right. right. in That

time after that that you were aware of other than the the than other of aware were you that that after time

Dld Mr. Driscoll ever attend that party that evening? evening? that party that attend ever Driscoll Mr. Dld

people that you Pot described? described? Pot you that people

time when you arrived at 8:00 o'clock; what what o'clock; 8:00 at arrived you when time

individuals who came here this morning to court court to morning this here came who individuals

obvionely Miss Kopechnef Kopechnef Miss obvionely

that tone? tone? that

there, Mr. Markham. Markham. Mr. there,

a a

matter of fact, It wasn't. and I had come over over come had I and wasn't. It fact, of matter

had had

a cu. Do you know what car it was? was? it car what know you Do cu. a

car car

people people

and and

Alltnnitlr'

a ride ride a

they were en the ferry ferry the en were they

were making drink, for for drink, making were

over? over?

War War

4!!!M' 4!!!M'

wane wane

going going

and and

was was of of

Q What kind of drinks? drinks? of kind What Q

0 There war no one who was principally tending bar? bar? tending principally was who one no war There 0

Q — beverages that were there that you know of? of? know you that there were that beverages — Q A No. No. A

Q And what other activity was taking piece besides people people besides piece taking was activity other what And Q

Q All right. Was this the extent of the alcoholic - - alcoholic the of extent the this Was right. All Q

Q What time did you leave? leave? you did time What Q

A lust convereation and some early preparation for deciding deciding for preparation early some and convereation lust A

Q It was a doth-yOulself kind of thing? thing? of kind doth-yOulself a was It Q

0 You left? left? You 0

A As fm as I ran recall. recall. ran I as fm As A

A Yes. Yes. A

Q And did you slay •l that that •l slay you did And Q

Q And for what purpose? purpose? what for And Q A Yes. Yes. A

A It i• hard to say. Al I remember it, there was mulch, mulch, was there it, remember I Al say. to hard i• It A

A No. No. A

Q With whom? whom? With Q

A Yes, that I know at at know I that Yes, A

A Him Keough. Keough. Him A

Q Q

Q And pilot to your leaving this party and this drinking. drinking. this and party this leaving your to pilot And Q

A Yee. Yee. A

A Approximately 9'30, quarter past 9:00, somewhere. It It somewhere. 9:00, past quarter 9'30, Approximately A

Q And you just had hots d'ouvres and casual drinks? drinks? casual and d'ouvres hots had just you And Q

Q Up until the time nobody had eaten any steak yet? yet? steak any eaten had nobody time the until Up Q

A Yea. Yea. A 0 it it 0

Q Tell us what car you toed. toed. you car what us Tell Q A That is right. right. is That A

A To get to are if I could borrow from the people who who people the from borrow could I if are to get To A

Q Would you my that essentially you were all together for for together all were you essentially that my you Would Q

Q Tell us from whom you got the keys? keys? the got you whom from us Tell Q

O O

A It was both indoors and outdoors. It is a very small small very a is It outdoors. and indoors both was It A

A Yee Yee A

Q When you returned after this to the party, everybody everybody party, the to this after returned you When Q

Q How long were you gone, approximately half an hour, hour, an half approximately gone, you were long How Q

A A

Q Q

A Yes. Yes. A

Q To accompany? accompany? To Q

Q Is there any specific purpose why Miss Keough went went Keough Miss why purpose specific any there Is Q

A The Senator's. Senator's. The A A Perhaps a little longer. The ferry was busy and we gave gave we and busy was ferry The longer. little a Perhaps A

A No, I think just - - just think I No, A

A Yes. Yes. A

A I believe I did, because he would nointally have them. them. have nointally would he because did, I believe I A

A Mr. elimmies. elimmies. Mr. A

A — volunteered. volunteered. — A

how Twiny steaks tea take out and get ready to cook. cook. to ready get and out take tea steaks Twiny how

recorder or tape player. player. tape or recorder

ran the the ran

making drinks? drinks? making

had there been any eating going on, too? too? on, going eating any been there had

them was vodka, and there was ;um, I think. think. I ;um, was there and vodka, was them

or anywhere else? else? anywhere or d'ouvres, these Dozen things you break open. as I re- re- I as open. break you things Dozen these d'ouvres,

There There

Was Was

member. The! is what he was doing the majority of ant ant of majority the doing was he what is The! member.

after I 0:00 o'clock? o'clock? 0:00 I after

of doors, doors, of

time time

Nu, Nu,

VMS lit lit VMS

the most part in the eating arm, the littiog, the drinking drinking the littiog, the arm, eating the in part most the cottage and people were both on the Iowa and in the the in and Iowa the on both were people and cottage

• • Yon left with Miss Keough to get a radio at the Shiretown Shiretown the at radio a get to Keough Miss with left Yon

main room of the cottage. cottage. the of room main

where this party took place? place? took party this where

Edgarthem aide to Choppaquiddick and we were sort of of sort were we and Choppaquiddick to aide Edgarthem

he wag starting to walk up the road and !asked him if he he if him !asked and road the up walk to starting wag he

last off and everybody seamed to have gone along and and along gone have to seamed everybody and off last

By the way, did We activity pancipally lake place out out place lake pancipally activity We did way, the By

Do you remember asking him for the keys? keys? the for him asking remember you Do

And returned with a radio? radio? a with returned And

Wore you successful In getting a radio over in Shire- Shire- in over radio a getting In successful you Wore

wanted a ride and he said, okay. So, So, okay. said, he and ride a wanted town? town?

would you say? say? you would

with you? you? with

who sem in attendance attendance in sem who

ride to a young fellow who was coming from the the from coming was who fellow young a to ride

cos cos

after dark. dark. after

It was outside. too. too. outside. was It

were were

done within a very mail mail very a within done

Shiretown Inn a radio or record player or a tape tape a or player record or radio a Inn Shiretown

oittlide, kw AU right, you returned sometime sometime returned you right, AU kw oittlide,

indoora; could you tell us approximately approximately us tell you could indoora;

hors d'ouvres. Mr. (linen was making hors hors making was (linen Mr. d'ouvres. hors

was was

party party

there still? still? there

from that point on? on? point that from

area? area?

we we

gave him a ride ride a him gave

- 22 - - 22 -

Q And what did you do neat? neat? do you did what And Q Q Q

Q flow runny drinks would you say you saw him have? have? him saw you say you would drinks runny flow Q

Q — for himmIll himmIll for — Q

Q All All Q

Q And you didn't me him pour anythinr, of Hod future - - future Hod of anythinr, pour him me didn't you And Q

Q (By Mr. Fernandes} Now, did you have occasion to see see to occasion have you did Now, Fernandes} Mr. (By Q

Q Q

Q And I take 11 you did not leave after thin trip, or did did or trip, thin after leave not did you 11 take I And Q

Q Well, you ray you ow him drink. What did you see, see, you did What drink. him ow you ray you Well, Q

A I only saw it once. once. it saw only I A

Q You left sometime sometime left You Q

Q Well, more than one? one? than more Well, Q

• • A I had had I A

Q Bil Q

A I couldn't really my. my. really couldn't I A

A I couldn't my. my. couldn't I A

A Yes_ Yes_ A

A Oh, after 11:30 perhaps. perhaps. 11:30 after Oh, A

Q So, on the lath you did not have Chupporpidilick after after Chupporpidilick have not did you lath the on So, Q

Q Well, before yon loft - - loft yon before Well, Q

A Yin. Yin. A

A Ye,. Ye,. A

A Yes. Yes. A

A Yes. Yes. A Q Q

A I I A A He had a glass and Ice. II appeared to be Coca Cola. Cola. Coca be to appeared II Ice. and glass a had He A

A Yes. Yes. A

A Well leave, I Mirth understand understand Mirth I leave, Well A

A Yes. Yes. A

Q And did you love occasion to observe Miss Kopechne at at Kopechne Miss observe to occasion love you did And Q

A Oh, yes. yes. Oh, A Q All right. Now, up until 11:30 when you say you left, left, you say you when 11:30 until up Now, right. All Q

A A A I ate. Most people were close to the end of eating if not not if eating of end the to close were people Most ate. I A

Q All right. Did you have have you Did right. All Q

Q Now, - - Now, Q

Q And drinking? drinking? And Q A That is cannel. cannel. is That A

Q Q

A No. No. A

A Yea. Yea. A

A Well, daring the period 1 was gone, I /maimed from the the from /maimed I gone, was 1 period the daring Well, A

A Yee Yee A

A Na_ Na_ A

THE COURT: I would like to make it loon specific. I I specific. loon it make to like would I COURT: THE

THE COURT: Both? Both? COURT: THE

THE COURT: What was that opinion? opinion? that was What COURT: THE Coca Cola. Cola. Coca

Mr. Kennedy Mink at all at that lime? lime? that at all at Mink Kennedy Mr. THE WITNESS: Yes. Yes. WITNESS: THE

THE COURT: Did you form an opinion as to sobriety? sobriety? to as opinion an form you Did COURT: THE

THE WITNESS: No. No. WITNESS: THE

MR. FERNANDES. Yea, that waa nip next question, question, next nip waa that Yea, FERNANDES. MR. THE COURT: At the may ihnt night. night. ihnt may the At COURT: THE

THE WITNESS: No. No. WITNESS: THE Haw Haw

their condition as to sobriety ; Is that whet you meant? meant? you whet that Is ; sobriety to as condition their THE COURT: What about any any about What COURT: THE

THE WITNESS: Yes. Yes. WITNESS: THE

cottage again? again? cottage MR.. PERNANDI3S: Their conditions. conditions. Their PERNANDI3S: MR..

THE WITNESS: That they were sober. sober. were they That WITNESS: THE

already dom. dom. already

could you tell us? us? tell you could

you? you?

How many times? times? many How

think I know what you mean. Did you ever observe observe ever you Did mean. you what know I think

Well, leave that evening of the IBM did you leave the the leave you did IBM the of evening that leave Well,

Approximately what nine? nine? what Approximately Yea. Yea.

Did you go off Climpaquiddick that day? day? that Climpaquiddick off go you Did

the laWA laWA the appearance when I returned that most people had been been had people most that returned I when appearance

leaving to gel the radio and returning? returning? and radio the gel to leaving

in the process of eating. eating. of process the in

make any observations of their conditions? conditions? their of observations any make

whit was the activity at this party? party? this at activity the was whit

THE COURT: Just a minute, the question was, did he he did was, question the minute, a Just COURT: THE

u 30 30 u

Kennedy at the time? time? the at Kennedy

that time? time? that

Did you make any observation' concerning their condi- condi- their concerning observation' any make you Did

tion at that time? time? that at tion

mean the area completely. completely. area the mean

was oat oat was

right. once? once? right.

many times? times? many

? ?

it safe to my that you stayed there until about about until there stayed you that my to safe it

0001110D 10 10 0001110D

of the cottage quite a bit in terms of being on on being of terms in bit a quite cottage the of

- -

afler afler

see see

him put ruin into a alma with with alma a into ruin put him

11:307 11:307

00:1141011 00:1141011

use use

of narcotic drugs? drugs? narcotic of

to armee Mr. Mr. armee to

Q And you say when you returned at 12;00, 12;00, at returned you when say you And Q

A You asked ins how long I I long how ins asked You A

Q So you looked at your watch and you are pretty arum it it arum pretty are you and watch your at looked you So Q

A Approximately. Approximately. A

Q Can you tell the Court what your are using using are your what Court the tell you Can Q

Q Q

A As beat as I an recall. recall. an I as beat As A

Q Can you tell us approximately how long a period of of period a long how approximately us tell you Can Q

A Perhaps holt an how. 40 minutes. minutes. 40 how. an holt Perhaps A

A The watch watch The A

Q Down the road? road? the Down Q

A There wasn't any. Mr. Crimmins, I believe, was there, there, was believe, I Crimmins, Mr. any. wasn't There A

Q (By Mr. Fernandes) And did you have oceanon to re- re- to oceanon have you did And Fernandes) Mr. (By Q

A Yea Yea A

Q (By Mr. Fernandes) Now, you went for o walk. Could Could walk. o for went you Now, Fernandes) Mr. (By Q

Q What were the salvia's. at the party poor to your your to poor party the at salvia's. the were What Q

Q All right, and you say you left for a walk? walk? a for left you say you and right, All Q

A Down the road, yes. yes. road, the Down A

Q Q

A As best l ern recall - well, I couldn't describe tt for you you for tt describe couldn't I well, - recall ern l best As A

A Yea. Yea. A

Q All nalit. Prior to the time you left for this walk, you you walk, this for left you time the to Prior nalit. All Q

Q With whore? whore? With Q

Q Now, whet were were whet Now, Q A Them were people inside talking and there were some some were there and talking inside people were Them A 0 Than was no other conversation other than you did not not did you than other conversation other no was Than 0

A Yes. Yes. A

A Yes Yes A

0 And did you ask or did you hear that the Senator stashed stashed Senator the that hear you did or ask you did And 0

A Oh, alum ale tom that I left, 11:30 or quieter of of quieter or 11:30 left, I that tom ale alum Oh, A A Miss Rome, Rome, Miss A

A I didn't hear it. it. hear didn't I A

Q Well, did you - had you heard or did anyone tell you you tell anyone did or heard you had - you did Well, Q A I left the cottage for e e for cottage the left I A

A No. No. A

Q And how was it thet you Isemme Isemme you thet it was how And Q

Q All right, did you you did right, All Q

A Correct. Correct. A

A Just looking around noticing that they weren't there. there. weren't they that noticing around looking Just A

Q Arid when when Arid Q

Q Did there corm a time when You were were You when time a corm there Did Q

0 You did not? not? did You 0

A Yes. Yes. A

Q How about Her Kopechne? Kopechne? Her about How Q

A No. No. A

A Nu. Nu. A

A I didn't observe her. her. observe didn't I A

mately half an hour or 40 minutes. minutes. 40 or hour an half mately

that being the time? time? the being that soy 12:40? 12:40? soy

you you

yen 11.30? 11.30? yen

that were there were gone. gone. were there were that

Sea Sea

And could you tell us whet was the activity at the party party the at activity the was whet us tell you could And but but

when you returned? returned? you when

cottage? cottage?

THE WITNESS: Yea. Yea. WITNESS: THE

time had you been Amin from the party? party? the from Amin been you had time

THE COURT: To your right as you came out of the the of out came you as right your To COURT: THE

TILE WITNESS: Yes, there was was there Yes, WITNESS: TILE

of the cottage. cottage. the of leaving? leaving?

people on the lawn talking. talking. lawn the on people

For the most part? part? most the For

specifically, but to the right of the -cottage, I walked out out walked I -cottage, the of right the to but specifically,

turn sometime thereafter? thereafter? sometime turn

you tell us where you you where us tell you

THE COURT: COURT: THE I I

See them; them; See

were not there/ there/ not were

wen now aware that Mr. Kennedy and Miss Kopechno Kopechno Miss and Kennedy Mr. that aware now wen

left or after you became aware they had left? left? had they aware became you after or left

to go back to the Shiretowa Inn? Inn? Shiretowa the to back go to

not al the pally? pally? the al not

hand, hut I didn't observe observe didn't I hut hand,

that that

at at

12:00. 12:00.

take it the evening had finished? finished? had evening the it take

all all

that you were absent half an Inver to 40 minutes minutes 40 to Inver an half absent were you that

Mr Mr

are certain 11:30 11:30 certain are

MISS MISS

Grogan and Mr. Markham and the other people people other the and Markham Mr. and Grogan

Kopecithe asked to moon W Edprtown? Edprtown? W moon to asked Kopecithe

therefore, you doomed they had left. left. had they doomed you therefore,

wan wan

that time? time? that

Was Was

use them them use

the emetics emetics the

there soy dancing there that night? night? that there dancing soy there

was about the time you tell? tell? you time the about was

went? went?

I I

observed her with a glass in her her in glass a with her observed

her her

leave? leave?

war gene. gene. war

making a drink Ion herself herself Ion drink a making

at the party after they they after party the at

aware? aware?

aware aware

I said approxi- approxi- said I

as as

on on

they were were they

a basis of of basis a

did you you did

and and

- 23 - - 23 -

TI1E COURT, And thin was in the neighborhood of of neighborhood the in was thin And COURT, TI1E

THE WITNESS: No No WITNESS: THE

When you left at 11:30 11:30 at left you When

THE WITNESS: It would tuna approximately that. that. approximately tuna would It WITNESS: THE

THE COURT: How did you know he he know you did How COURT: THE

THE WITNESS: No. No. WITNESS: THE

THE COURT: And no can? can? no And COURT: THE

THE WITNESS: No. No. WITNESS: THE

THE COURT: But you law no one outside? outside? one no law you But COURT: THE

TIIE COURT: You didn't go inside the house yourself? yourself? house the inside go didn't You COURT: TIIE

THE WITNESS: I think that Mies Keough mentioned mentioned Keough Mies that think I WITNESS: THE

bed. bed.

12:15, did you coy? coy? you did 12:15, THE COURT: Did you you Did COURT: THE

THE WrrtiEss, WrrtiEss, THE

T118 COURT: You saw nobody? nobody? saw You COURT: T118

ME COURT: None of the women were there? there? were women the of None COURT: ME

THE COURT: Who did you actually see, anyone? anyone? see, actually you did Who COURT: THE

that. She mid Mr. Cummins was inside there, was in in was there, inside was Cummins Mr. mid She that. mid neither of the two can were there, and when the the when and there, were can two the of neither mid

THE WITNESS: No. No. WITNESS: THE

your walk— walk— your

THE COURT: When you you When COURT: THE

THE WITNESS: Not that that Not WITNESS: THE

THE WITNESS: Just Miss Keough and myself. myself. and Keough Miss Just WITNESS: THE

came came

al the cottage? cottage? the al

Right. Right. As 1 remember It, I didn't really go into taw cottage. I I cottage. taw into go really didn't I It, remember 1 As Was Son Son Was

had missed the return of people who had gone back, back, gone had who people of return the missed had

after you had returned from your walk? walk? your from returned had you after

Not immediately. immediately. Not anyone else return? Did anyone come hack to the party party the to hack come anyone Did return? else anyone Subsequent to your stay there when you returned did did returned you when there stay your to Subsequent

That is right. right. is That

And no Is there but Mt. Crimmins? Crimmins? Mt. but there Is no And

I believe Mr. Crimmins mentioned it. it. mentioned Crimmins Mr. believe I

Yea. Yea.

had gone without us, those that were going back. back. going were that those us, without gone had And you you And Can you tell at why? why? at tell you Can

bark? bark?

Yes. Yes.

I understood that while it copped al midnight you you midnight al copped it while that understood I you best remember? In other words, you are now back back now are you words, other In remember? best you

The party was over? over? was party The

Yea. Yea.

could always get service. service. get always could

them, no cars, no I assumed that the people—that we we people—that the that assumed I no cars, no them, Approximately when did people return and who that that who and return people did when Approximately

evening where you checked checked you where evening

And from whom did you tmderstand that? that? tmderstand you did whom from And party? party?

ell night, u that cornet? cornet? that u night, ell

And were you mare of when It stopped running? running? stopped It when of mare you were And you not? You did not return to Edgailown after comhig comhig after Edgailown to return not did You not? you

Yea. Yea.

Well, Well,

He was sleeping? sleeping? was He

I didn't have a specific plan. 1 was going to return return to going was 1 plan. specific a have didn't I

I believe just Mr. Carmine. Carmine. Mr. just believe I

And you said you were aware that lha ferry did not run run not did ferry lha that aware were you said you And t don't speciflmlly know. No, 1 don't know. know. don't 1 No, know. speciflmlly don't t

gone? gone?

And do you know if he mentioned it to anyone else at the the at else anyone to it mentioned he if know you do And

Yes. When I returned to the cottage there was no one one no was there cottage the to returned I When Yes.

Right. Right.

How tens had you planned to stay at the party? party? the at stay to planned you had tens How

Had you planned to .stem to the Shiretown Inn that that Inn Shiretown the to .stem to planned you Had I think I didn't ask Mr. Crimmins. He He Crimmins. Mr. ask didn't I think I

He was In hod. I gums so. I didn't disturb him. him. disturb didn't I so. gums I hod. In was He

Well, who who Well,

when - - when Right. Right. So approximately 12:15 when you returned you say Mr. Mr. say you returned you when 12:15 approximately So

No. No. Grogan Grogan

Was Mr. LaRosa then? then? LaRosa Mr. Was

And did you make inquity of whore anyone else had had else anyone whore of inquity make you did And

out she sold everybody seems lit be gone. gone. be lit seems everybody sold she out

I Irus$ that that Irus$ I

worn not there, Mi. Markham was nut there? there? nut was Markham Mi. there, not worn

COME COME

of out out of

was was

back from a walk? walk? a from back

there? there?

No. No.

011 011

you stnyed at the party that night, did did night, that party the at stnyed you

the lawn. Miss Keough went inside inside went Keough Miss lawn. the

roe roe

were there soy On On soy there were

1 east east 1

came came

Mr. Crimmins in bed? bed? in Crimmins Mr.

111 111

earlier the day before? before? day the earlier

recall, recall,

back back

to to

was was

the wane after after wane the

in tied? tied? in

In bed. bed. In outside? outside? long walk end I 'hotted I A Yes. A Half attempted il. It was a Q What cars? alight as well day hem. FERRY TO 9 Now, as I understand it, you want back out looking for A I believe the white Valiant_ EDGARTOWN Q Mr. LaRosa's car was not there? them people. This was the second well.? A Right . MADE A No. THE COURT: Let rat go hark now. That evening were Q You don't know how long a time you had taken et the WRONG cottage before you decided to take the second walk? there throe cars at the collage? TURN THE WITNESS: No, there weren't. A It wasn't long. 9 A saw period of lime? 7 K - THE COURT: Only two ears? A Yel. CAR LEFT THE WITNESS: Yes. 9 And you any that you eminently Came bock and re- THE COURT: Which cars? ASAH - `r-7$- BRIDGE THE WITNESS: The Senator's black Oldsmobile and the turned to the cottage? ALT ROAD A When I crime hack the second time. white Valiant. mil.) Q Where did you go on this walk? How ha did you go? 011-"It. D Q You said something about Mn, Leanne's ear, n Mercury IKE had been there sometime that evening? Where did you go? A I don't believe so. A Out to the right_ Well, 1 walked almost to thc- go left or right? All right. Q As you faced the cottage, did you A Facing the cottage, left. THE COURT: All right. Well, let me ;Imo the up. That MASSACHUSETTS evening from the time you arrived - what ear did you 9 You want towards the ferry? come in? A Yea. coy THE WITNESS: I drove OM with M. MW-glum in the 9 Do you know how far down that timid you went? white Valiant. A I think almost to the point where you would beer left TILE COURT' This was your Lam trip over? to go to the term Q At the juncture of Dyke Rona? THE WITNESS: No. The last trip E made was in the EMIARIOWN. didn't go actually to the juncture_ When I realised that Senator's black Oldsmobile when I wont over to Shire- • KENNEDY LEFT town to get a radio. I had been walking fairly what l thought was a way, and THE COURT: War the white Valiant there it that time? didn't have any 'thrice on, I knew it was after 12:00 MARTHA' S lf HOUSE PARTY THE WITNESS: Yes, it was. and l didn't know how I could gel ahold of the fray. THE COURT: And no other cora? 9 So you Lome beck? THE WITNESS: That is correct. A Yes. THE COURT: And when you returned from this walk Q And how long 4 time would you ray Ilia walk lasted? -1 ^ o at midnight there were no carat A Oh, it must hare keen an hour - an hour and a hull. or ,41 THE WITNESS: Correct. Q Do you know what lime you returned to the cottage? THE COURT: When you left what cars ware there? A I think it was around 2:00; 2 o'clock_ THE WITNESS: Lust the white Valiant_ Q And you tell the Court that when you returned after Q Jest to refresh yam memory, Mr. 'Floater, I believe you tire mound with Mr. tiarnan, Mr. Markham, Mr. LaRosa Rninv 'silken by Sen. Kennedy and' ?Nary Iv thor Judy nigh mid, and correct me if I aril wrong, that when you and various other people. some of the girls wete pre- returned with the ice there were three cam. On you sent? recap Mr. LaiEtuits'a Mercury was there when you Ft- A Yrs. In short, when I tame into the cottage, people THE WITNESS: I think I did, yes. Gorgon saying, "lack, it is late, let's get eonie Ironed with the ice and pilot to your going for tile were starting to settle down. Mr. Crimmins and Mr. Q In the direction of the heave? and I could hear the two Lyons !lidera who I know very A Ys. radio which was the next trip? Gorgon were hulking_ Well. ulnas. is late, Ice's gee some steep." Q And you niter mid you thought you WA a white Valiant A No, it was not. Q Could you tell us where these people were when you TILE COURT: Now, there had tee he six if they traveled gown In the other dtrection? Q All tight. it was not then. Now, 1 believe we have you came in? You didn't come in with them? They arrived in that cur et one titne, if there were Ilia, Markham, A Yes, whirl confused me. heck At the party with Mica Keough and Mr. Crimmins. previously than you? Tannenbourn, Two Lyons, Newhergiet Q Did you make inquiry whether or Now, I understand you mid you returned. Mr, Crimmins A When L got there they ware there. nob a white Valiant THE WITNESS: 1 don't know that they were in the oar. mimed you on the rued? Mr. Markham, Mr. Careen warn was apparently asleep. Q Weir they in the cottage or outside of thr euttaam? TILE COURT. You didn't find out that they were all in A Inside. there Did you ask threw people if it did? the ear al the mime time? A Yea. A Not specifically. When I came into the cottage, Mr. Q And I think his Honor raked whether or not you had (7 Where inside the outage? THE WITNESS: No, but I forme out the next morning Gorgon and Mr. COI-amine were talking and I believe Mr. gone into the room. A As belt as I can recall, weir Immediately Mr. Crimmins where Kook had gooeby inquiry, but at that time felidn't. (Megan mid, "lack, let's gel some deep. The ferry ham THE COURT: No, lie said that Miaa Keough came and and Mr. Gamut were Mantling in the kileben area on the THE COURT: Wan there any oncost ematement when stopped, we will you over In the morning." told him the Mr. Criourdns was asleep. right-heed tide when I came in. you gel back to the cottage end found them all there? Q Do you know who made the deter Q Subsequent to that time had anyone else returned to the Markham - the cottene was dark. People were 'ti- -tient about let's gel THE WITNESS: No. I think it WAN Joel aggravation. wane sleep? tling down to sleep, TILE COURT: No indicittion that anythiug unwinl had cottage' A Mr Coogan. A Yes. • Q How many cars were there hack at the cottage now? happened? Q And I take it the activities at the party were now ceased Q Can you tell to who? A turd the while Valiant. 1 was confused when t came THE WITNESS: No. and arrangements were rim& rot dayina over? THE COURT: Who and when. hack to ilia collage become I sew the white Valiant in TILE COURT: Nothing mid about anything unueusl hap- front of the cottage and I Mhl% seen it before which A Everybody was sort of wring, "Be quiet, be quiet, MCI pening? Q Who end When? get some sleep, it 0 late." A I don't know when. we, part of my reason for starting off on my second- TIFF WITNESS: No. cake it that even though there Ives ono ear present Q Tell ILI who. 9 Well. it wasn't there when you started on yam second 0 Did you see Mr. Markham end Mr. Gargan teem awn A Okay_ MT LaRosa, Mr. Markham, Mr. Caren, Miss Tan- walk/ no one suggested that you return to Eilgortown? thereafter or lame time thereafter? You observed them nenbaum, both the Lyons gilts, bliss Nevebergh and Miss A No. A Not at Hot lime, nu. in the kitchen when pole retorned from your walk. Q Now, did you have occasion to observe Mr. Kennedy at Keough end myself, THE COURT: But you mid you thought you recognized A Mr. Crimmine and Mr. Gorgon. it? a later [line that evening? Q Where wet Mr. Markham? Q They all arrived it the same time? A Nu. A I don't know when they arrived. THE WITNESS: Well, I thought it missed me end that is A I believe he was either Lying on the floor Or On A Q How long were you- Q Where were you when they arrived? the remelt h started beck, to see If ii, in fact, had. pulledoui couch. A I went in the cottege. THE. COURT. You thought it had paned you going TIIE COURT: When you returned to the cottage and 1) Did you Nee fillies of them leave el Any lithe/ /mind all the group there with the exception, I think Q Where were you? towards the ferry? A They didn't thereafter. A I eerm looking far them. I bed gone out again with Mho THE WITNESS: Yes, dr. you mold. of Mr. Kennedy and Mice Kopeehne it that THE COURT Excuse me. Do you expect to be much THE COURT: Did you see it go by you in the other Fight they weren't there? Keough. longer with MB witness? So you weet out to try to find the main hotly, the direction/ THE WITNESS: To the bed of my knowledge. MR FERNANDES: I would anticipate • few more gum- THE COURT. Everybody else was suddenly them? other people/ TILE WITNESS: Curs did. tmne, your Ronne THE WITNESS: Yea. A In a seam, because when it happened when we went on THE COLIRT No, this white Valiant. THE (THIRT: Well, if it is truing to take over ten the first walk it watt necessary to step off the toad a fees THE WITNESS- I am not sure_ / Dunk I did. TIlE COURT: Mud bail not been there when you left? minute-I, we'll adjourn until tomorrow. THE COURT: It woutd have to peas wry clime to you THIEl WITNESS. With the poasible exception of Mr MR, FERNANDES: I would rathes adjourn unto thy times for moomoblies, and one of the cars I thought I Crimmins_ recognized woe the white Venom and I thought era on that narrow road, wouldn't Ill morning. THE COURT: Did you inquire ae to what had hap- better get hack to gee whet was going on because there THE WITNESS. Yea. I found it necomory to lump off THE COURT All right. Tomorrow morning et Owl road • couple of times, pened, wham they had gene, why they had gone leafing o'clock. goes our car, and when 1 gal back there there wore no you two alone? can at all. an there Wu, earns thought to walking PIE COURT: You couldn't very well miss (Whereupon at 4.00 o'clock pan., the inquest was ad. towards the ferry which Alter a bit of a didanee we lull THE WITNESS. That is right. THE WITNESS: I may haw, but my Immeesion car any Mianed until 9:00 o'clock am., Tuesday, January e, memory h of my coming into the cottage end Mr. pun up on that. TILE COURT: Did you we a white Valiant go by you 1970.) Q Did you attempt it? on your way beck to the house? - 25 - Dukes, NS.

Before:

Present:

Hon Jam. A. Boyle, Justice at the

Edgartown District Court

Edmund Dinh, Metric( Attorney for the Southern Dis- trict of Manachuietts, Armand Fernand.. Assistant District Attorney, Peter Gay, Assistant District Attorney, Thomas Teller, Cie. of Courts

Hoke S. Tyra, Temporary Coral Officer

Harold T McNeil and Sidney R. Lipman

THE COURT: Mr. Fernandes.

TILE COURT: I think from the viewpoint of witnesses'

MR. FERNANDES.. Yee, your Honor. attendance I don't think there is any point of impound- ing then, to sit around here In

are not apt to be celled to testify within

and then, as I we it here. we have eight more present

period of time. Now, we have this witness, to finish with

the party group whom I assume THE COURT: Now, at the rate with which we pro- called

ceeded yesterday with the examination, I would say we

MR. FERNANDF.S. Yes, your Honor.

dite the questioning.

know whet some of these people me going to say. I would consume a few dam unless you intend to expe- THE COURT: Well, can we decide on a certain number think it Is soh to say It is going to take o semi,or part of

THE COURT: Miss Keough, Miss Tannenbaum. If you

MR. FERNANDES, There may ho. Of count, We don't

You have Mr. Gingen, Mr. Markham. we can excuse until this afternoon. until 2 o'clock?

MR. FERNANDES: Yes_ here, we can certainty encase intend to all them to the order an which I have them ing recess. We see going to recent from 11:00 until

can excuse some until 2 o'clock. and there have been a group of witnesses, I understand, who have been Bum-

o'clock? THE. COURT: Many of whom, perhaps most of whom

monsed to appear here this morning. Is the summons 10 2:00 for lunch. We can excuse Saute until 11:15, and we

MR. FERNANDES: Yes, I believe so. can be excused until tomorrow. TILE COURT: We have the local phytician whose ser- can excuse until tocnonow.

11.15 fora morning break, and then from 1:00 until

nees are in great demand by the community, end even

MR. FERNANDES: Yes, most of the local people we

if there is some putting out of order. to some extent, I

he fine fur the doctor. think in thil are we might make some specific date. Gamin. Mr Markham and Misa Keough - are they all THE. COURT: LeCe assume that between now and MR. FERNANDES, I think tomorrow morning would

o'clock we would not require mom than three. witnesses in addition to the one

THE COURT: Miss 'Tannenbaum, two Mir Lyon., Mir

THE COURT: Would you go out and make that an-

Miss? MR REDMOND: Yes, they are, your Honor

Newbergh red Mr. Crimmins until— MR. FERNANDES: 11:15 will be fine. I think that is nouncement? tide, your Honor.

e day at teem.

COMMONWEALTH OF MASSACHUSETTS

SECOND DAY

Official Court Stenographers

the stand. and If we say Mr.

Tuesday, January 6, 1970.

Edgartown, Messachusetts,

Mille

Edgartown District Courl

for the Commonwealth.

are the

tins) room where they

until ant the morn-

ones to

reasonable

- 26 -

Before:

Present:

EXAMINATION BY MR FERNANDES.

Q Mr. Tretter. I believe we ended yesterday, you mated

A Correct.

- going to dos good job while I am tired. Now, maybe

THE COURT: Now, as to those who arc summonsed

MRS. TYRA: All except Mr Gargan. Mr kterkhern and Miss Keough will be excused umil 11:15.

you have the name list I have.

four girls who ere going to he excused. I would like

MR. REDMOND Your Ilonor, can I address the Court? just to take them out and lo tell them they are going to permission to leave the courtroom, Mr. Daley a point to

be Isere, Just to escort them by the piens, if I may. They If these people are going to he excused we represent the have a lot of press outside cord they have to pose reporters with microphone, I ant just asking that I leave

TOIL COURT: It is perfectly al right if you don't mind come back at 11:15. leaving. door? THE COURT: Yes, there certainly shouldn't be any

Honor, but how would 1 get back, just knock on the MR. REDMOND problem. Tell the officer that you are excused and are

coming bock, and if you ham any trouble the officer

Now, as to the other group going the number 29, I

will let us know.

assume they are going to be hero at 10 o'clock? suggested that lie come tomorrow morning also because he is a physician day. MR. FERNANDES: Yes. We sent word to TIIE COURT: Well, that exc.cs all the others until 2

o'clock Hilo afternoon, and al 2 o'clock this afternoon

let's review the situation to See how many of those we THE COURT: Will you keep that in mind?

can

MR. FERNANDES: Yes. THE COURT: You might remind me at 2 o'clock.

TILL COURT: And I will discuss this later.

MRS. TYRA: Yes, your Honor.

MR. FERNANDES: Yes, yaw llonor. morning is to go through, In this mute, 169 pages of We will not open again at 9 o'clock. My lint Job In the testimony. I steeled at 6:00 this morning. I urn not

THE COURT: AU right, gentlemen.

there is some problem about eating In restaurants, so we

we .n reach a compromise at 9:30. I also understand

will start tomorrow at 9.30 instead of 9 o'clock.

MR. FERNANDES: Fine.

Southern District of Massachusetts, Hon. James A. Boyle, Justice of the

Edgertown District Court

Edmund Minh, District Attorney for the

Pact Gay, Assistant District Attorney, Armand Fernand., Amistant District Attorney,

Daniel Daley, Esq., and Paul Redmond. Esq Thomas Teller, Clerk of Courts for Charles C. Troller.

Harold T. McNeil and Sidney R. Lipman,

Helen S. Tyra, Temporary Conn Officer

that you seaweed from a walk, the second walk?

excitor until tomorrow.

CHARLES C. TRETTER (Continued)

CHARLES C. TRETTER. Sworn

That Is what I would like to do, your

and

TESTIMONY

don't want to tie trim up for

Official Court Stenographers.

Tumidity, January 6, 1970. Edganown, Matenchusette,

for the Commonwealth.

[Continued)

Dr. Watt.

svn

rviveirrierfraimomermingreplfempiim,k7,57,

Q And you returned to the cottage to find that everyone

A Approximately.

Q All right, And when you went on the second walk it was A It is lust an approximation as best I can recall. O

Q 0 Towards the lorry. Now, when you returned 1 believe A 'The right of the collage towards the ferry.

0 And I believe - and if I am wrong please correct me - I A Y.

A That is corren.

Q This is an in the none room? Mr. Markham, Mr. Grogan

A Yen,

A To the boss of my knowledge, he was either on the

A Well, the three that I jun mentioned an In one room

Q Can you Intl as how Mr. Markham and Mr. Gargan were

Q Was he neatly attired, would you say?

A Ile looked like I did, I guess, beach, sunburn, end just Q Would you my Mr. Gorgon had the Same appearance? 0 Mr. Markham, excuse me.

Q How long were you together in this room? A We slept there. Q Who is we? A Mr. Garin I think was wearing a pullover shirt and a

A You mean Mr. Markham.

A I can't because Paid was to my left, but whether he was

1.7 Wel Mt. Markham or Mr Garsan on lie left?

A In the room where 1 de Q As far as you know, did either Mr. Gargan or Mr.

0 And what time did you ante that morning? A No, they did not.

A Garvin was an my right. Miss Keough wan on my left, A lie was to my right. As a matter of fact, he kept

Q A Yes. A A No. Q Well, did Mr. LaRosa tell you that he Q Now, do you know where Mr. LaRosa wit? A I believe he was in the right back bedroom.

A I can remember waking up at 10 minutes past 5:130.

nedy end Miss Kopechne? else was at the cottage with the exception of Mt. Ken-

believe you said that it was approximately, at approximately 2 o'clock that morning?

from there down to the road?

you said Mr. Gargan was talking with Mr. Crimmins?

And

couch or daybed which was to my left or on the floor.

room? and some of these other people, wale they all in one

divider Is about e waist-high divider which would sep. along with myself. II IN a tong room and the only And that you were fairly certain about the time? mate the kitchen area from the living ruum-dining room

areg

The right of the cottage?

dressed at this time?

pair of troumen.

casual wear.

Gateau. To the left side of me wan Miss Keough_ Now,

really see. Them were no lights m the cottage, as I on the floor or on the couch I am not one. I couldn't recall. The outside light was on. Thin was the only light

that gave illumination, inside.

either no her left or on the daybed, and it toms out he because at some time later I asked him how he slept and could hate been both places, I don't know, it was Paul, sleep?" Ile said, "I slept terribly, my knee bothered and I and I slept very badly on the floor. "How did you tonne time shortly after 2 o'clock? bumping into me. Where did Mr. Gotten

fie kept bumping into you throughout the night? Dld you complain to him that hr hit you a couple of cottage and rutted for Mr. Gamer, and Mr. Merkharts? y

Marthem leave the cottage after you any you retired

in the morning. think he wine up ran the daybed. He was on the daybed

Now, were you present when Mr. LaRosa came into the

mes1 e

do you know where Mr. Markham wan?

Purl Markham was to my left, but as this time I

sleep?

on the floor

had

•

■

conversation

to Joe

Q Or he was in the other room? A Yea_

A I didn't see Mr. LeRoy again until it would have to be

A To the beat of my knowledge,

A 1

Q And Gallen said to Crimmins, go to bed, it is late, and A y. Q Mr. Crimmins, you sand, had been sleeping earlier in the

A As far as I know, When I came hack the first time I

Q Who had said this?

Q Did you discover at Any lime from Mr. LaRosa or

Q When were you, In Edgartown?

A Late.

Q Approximately when, early morning, late? A It would be sometime Saturday morning.

Q And who told you? A Min Keotreh. Q Mr. Gargan told you? A

O Did you get up? Did everyone on up at that time?

Q All right. let's return to the cottage et 5:00 o'clock A Well, petioles about after 11.00 sometime.

A Al the time I learned that he had come back, and inked

A Mr. Careen. Q When you wore awakened at 6:30 and again looked at A Yes, the first time. Q And what did he A At the time he wee explaining to the girls end so me,

0 All right, we will pick II up there In other words, he

A Yes. 0

0 Q

A A Right.

A Nu, 1 can remember waking tip around 5:00, ten part A 0

0 A A 0 A A

Well, noon

after room?

wild to Crimmins, Jack, it is late, go to bed. I thought I

cottage?

with Mr. Kennedy sometime early that morning?

heard Me. Lofton's voice We

lay, yes, Jack, It to late. go to hod.

didn't go in, I stayed out on the lawn. Miss Keough went

think. Jack is asleep and Paul and In and came out. 1 said, what Is going on? She said, I

was not then- The white Valmont wee not there. Mr. Crimmins were talktng in the kitchen, Mr. Gamut,

anyone else OM Mr. Kennedy had returned and asked Yea.

for Mr. Markham and Mr. Grogan?

When?

Katams Shores. for the Senator, it was, I was et the Rations. the Durres,

was explaining what happened that night, is that right?

when you ray you awakened? end I got up.

your watch and it was 6:30, was Mr. Grupo and Mr. Mr. Gorgon was, right. knowledge of whet happened was - too, what had happened. You see, I was not - my first Was Mr. Markham there? As W

It would be 7:30 sometime. Well, I gut up around ten

not or anyone was not? Did you ever discover anything different. that they were As 5:00. I can remember waking up around 6:30 sometime,

N I Y Markham still there?

Myself Who? pest 7,00, it would he After 7:30. When?

Were you the

Did there come

n7,1 th

ea-

se none out of the cottage?

1as I know,

therorg

ever

" lu

litlewPr

orr

concurred

e else

Seytouurdaky„... y

rust to

ncurred in this?

my?

ht I l

time whenever anyone left the cot.

there in the cottage an far no you

ere

leave?

l thought

m ea

coming

was steeping

in. When

WIC

front that room and

hoe

there when I came

had left. The cur

Mr.

In the other

Gargan and

".' ".'

• •

fem

• 7.2 •

0, 0,

u u

-e

?, ?,

Q How about at the cottage that night? night? that cottage the at about How Q

Q Now, was them any converaatiosi tither at that time or or time that at tither converaatiosi any them was Now, Q

Q Well, when did you become aware that they were not not were they that aware become you did when Well, Q

Q Q

A I can't recall in the car in the morning any convervation_ convervation_ any morning the in car the in recall can't I A

A No. No. A

Q But you became aware that both were not there? there? not were both that aware became you But Q

Q Q

A Right. Right. A Q And for what purpose were you returning to - - to returning you were purpose what for And Q

Q Q

Q What was tau time again? again? time tau was What Q

A Well, I'm not sure now. now. sure not I'm Well, A A Correct. Correct. A A I wanted to go back to my room and change and and change and room my to back go to wanted I A Q And you don't know exactly when or hose long after after long hose or when exactly know don't you And Q Q All right_ Now, you returned to the ferry? ferry? the to returned you Now, right_ All Q

Q A right from the cottage and left? left? and cottage the from right A Q

Q Where did you go? go? you did Where Q

Q Mr. Careen Stayed behold? behold? Stayed Careen Mr. Q Q Was this what they what this Was Q Q All testae Now, no one from that point on mentioned mentioned on point that from one no Now, testae All Q

A I became aware that they were col there when I went went I when there col were they that aware became I A

A Chappaquiddick Road and to the ferry, yet_ yet_ ferry, the to and Road Chappaquiddick A

A Yes, other than the ones - they - yea. yea. - they - ones the than other Yes, A

A No, Mr. Grogan Grogan Mr. No, A Q Did you leave the other people back at the cottage at at cottage the at back people other the leave you Did Q Q Well, did anyone change that you know, did they have have they did know, you that change anyone did Well, Q

A No, Myr.le Mr. Markham, Miss Keough, Mils Tannen- Tannen- Mils Keough, Miss Markham, Mr. Myr.le No, A

A Yes. Yes. A Q Approximately what time did you mach the Chep- Chep- the mach you did time what Approximately Q

A Not that I ...an recall. recall. ...an I that Not A

Q Who had left previously? previously? left had Who Q

Q Was there any conversation about Miss Kopechne and and Kopechne Miss about conversation any there Was Q

A I'm not sure of the atreet. atreet. the of sure not I'm A

Q Now, did you tithe the route back to the ferry down, down, ferry the to back route the tithe you did Now, Q

Q Was it safe to sty what they were wearing that day day that wearing were they what sty to safe it Was Q

A Five. Five. A A It would be quarter of 12:00, around that. that. around 12:00, of quarter be would It A Q 8:00 o'clock? o'clock? 8:00 Q A We left together. together. left We A

A That is correct. correct. is That A

A Around then, l remember. remember. l then, Around A

A They hod polo shirts or pull-over dittos and I think Paul Paul think I and dittos pull-over or shirts polo hod They A

Q How wan Ms. Markham and Mr. Careen dressed at this this at dressed Careen Mr. and Markham Ms. wan How Q A Yes. Yes. A

A I think so. I just can't recall what they were wearing wearing were they what recall can't just I so. think I A

A. Nu. Nu. A.

A We drove to the ferry. ferry. the to drove We A A No, I dank what people wore - - wore people what dank I No, A

A It wee perhaps eroamd 8:00, rightists rightists 8:00, eroamd perhaps wee It A

A What Dray had on was what they had, at least lm my my lm least at had, they what was on had Dray What A

I can't recall any conversation between - - between conversation any recall can't I

out for a walk walk a for out you mid yesterday, and if 1 am wrong again correct me, me, correct again wrong am 1 if and yesterday, mid you

Keough? Keough? any time previous to your retiring that awning about the the about awning that retiring your to previous time any

Kennedy? Kennedy?

Miss Kopechne? Kopechne? Miss

Everyone? Everyone?

Did you hear at any time - well, nuke that - I believe believe I - that nuke well, - time any at hear you Did earlier they wore that morning' morning' that wore they earlier

Me. Kennedy then? then? Kennedy Me. had on shorts, I am not Sure. Sure. not am I shorts, on had specifically. specifically.

anything that you remember: about the whereshoutt of of whereshoutt the about remember: you that anything

paquiddiek landing? landing? paquiddiek 7:30 or 7:10 or 7:30 when you left? left? you when 7:30 or 7:10 or 7:30

la that four of you, five of you? you? of five you, of four that la

Mt. Gargen, Mr. Markham, Min Tannenbaum, and Miss Miss and Tannenbaum, Min Markham, Mr. Gargen, Mt. they had left, in that right? right? that in left, had they

Mira Kopechne. Kopechne. Mira

believe, Is 11 School House Road end then to the ferry? ferry? the to then end Road House School 11 Is believe, cam, I think it was true of eltryone. eltryone. of true was it think I cam,

clothing there to change? change? to there clothing

shower and the gills wanted to go back to the Dunes. Dunes. the to back go to wanted gills the and shower Valiant, end I did not me either Senator Kennedy or or Kennedy Senator either me not did I end Valiant, that you did not me Miss Kopechne leave with with leave Kopechne Miss me not did you that

there, the time? time? the there, baum, and myself. myself. and baum,

ware parked and there was only one car, the white white the car, one only was there and parked ware whereabouts of Min Kopechne? Kopechne? Min of whereabouts

time? time?

and and

. .

had been wearing the night before? before? night the wearing been had

had to go by where the two can can two the where by go to had

Mr. Mr.

(3 And where did you go first, the Ratans*? Ratans*? the first, go you did where And (3

Q What you were staying also? also? staying were you What Q

Q The Mercury? Mercury? The Q

Q Shiretown. Shiretown. Q

A Shiretown. Shiretown. A

A No, gotoff the ferry with Me. Markham and Mr. Gar- Mr. and Markham Me. with ferry the gotoff No, A

A Right. Right. A

A Back R, the Squire - - Squire the R, Back A

A The Mercury was mote or less always in and around the the around and in always less or mote was Mercury The A () Ware they in the room? room? the in they Ware ()

Q Now, you nay you look the girls to your room? room? your to girls the look you nay you Now, Q

0 Is that next to the public telephone? telephone? public the to next that Is 0

A Well, we walked m. If you come off the street into the the into street the off come you If m. walked we Well, A

Q And, well, the sequence here, what happened, Mr. Car- Mr. happened, what here, sequence the well, And, Q Q Was he on the bed? Had he 'tut got up? up? got 'tut he Had bed? the on he Was Q

Q Can you tell on what he wee wearing? wearing? wee he what on tell you Can Q Q And do you know what time you arrived at the Sen- Sen- the at arrived you time what know you do And Q

Q And what did you do there? there? do you did what And Q

A Wall, I knocked on the door, knocked, looked in the the in looked knocked, door, the on knocked I Wall, A A Yes. Yes. A

A Yes. Yes. A Q And Mr. Gargan and Me. Markham and the Senator were were Senator the and Markham Me. and Gargan Mr. And Q Q Wan he deemed? deemed? he Wan Q

Q How did he appear to you? you? to appear he did How Q

A Down from it, in that sequence of the rows, and Mr. Mr. and rows, the of sequence that in it, from Down A A Wall. I thought there was something bothering him ho. ho. him bothering something was there thought I Wall. A

A Sometime between 8:00 and 8:30, I guess. guess. I 8:30, and 8:00 between Sometime A

A Yes, they were. were. they Yes, A

A I can't, no. no. can't, I A A Sitting on the couch_ couch_ the on Sitting A

MI, Miss Tannenbaum, Miss Keough and myself, walked walked myself, and Keough Miss Tannenbaum, Miss MI,

going] going]

Shiretown Inn Shiretown

yea, and I said, well, let me find the keys to the car, Mr. Mr. car, the to keys the find me let well, said, I and yea,

they wanted a ride back to the Dunce and they said, said, they and Dunce the to back ride a wanted they going up to the Senator's room which was at the Shire- the at was which room Senator's the to up going

said to the girls, why don't you use the room if you you if room the use you don't why girls, the to said excuse me for just • minute, and at this point Mt. Mt. point this at and minute, • just for me excuse to lite Shiretown and I said I believe I asked them II II them asked I believe I said I and Shiretown lite to

on and Mr. Markham left first? first? left Markham Mr. and on want to take a shower or lay down. Well, they said we we said they Well, down. lay or shower a take to want

mid. no. I showered, allayed, and left my cabin and left left and cabin my left and allayed, showered, I no. mid.

in my mom and went up to see where they were and I I and were they where see to up went and mom my in roam I had been there earlier In the day, there to the the to there day, the In earlier there been had I roam

Do you know where Mt. Careen and Mr. Markham were were Markham Mr. and Careen Mt. where know you Do

Uargan and Mi. Markham not went over to my left and and left my to over went not Markham Mi. and Uargan

LaRosa's cll. cll. LaRosa's

he was was he Markham and Mr. Carew went off, I believe they were were they believe I off, went Carew Mr. and Markham

ator's room? room? ator's

whether they were in the victor or in the office. So, I I So, office. the in or victor the in were they whether

left, and I went to my room and said, what do you you do what said, and room my to went I and left, Shieelown, there there Shieelown, said, we will ace you. I knew the Senator's morn, be- be- morn, Senator's the knew I you. ace will we said,

people want to do? We want to go hank. I said, ploy, I I ploy, said, I hank. go to want We do? to want people Senator's room. room. Senator's

end mid something to the effect of, this is going to be a a be to going is this of, effect the to something mid end

into the room and then when I got Into the mom. 1 was was 1 mom. the Into got I when then and room the into

would like to lay down, we am tired. I said, If you you If said, I tired. am we down, lay to like would town Inn. I took a shower, shave, and left the two girls girls two the left and shave, shower, a took I Inn. town and I thought there was something wrong. but I thought thought I but wrong. something was there thought I and cause I was a little angry myself, having worked for him him for worked having myself, angry little a was I cause

hie yo he said, come in. I walked Into the the Into walked I in. come said, he yo hie

long ettough, I thought I recognieed the tiger to come come to tiger the recognieed I thought I ettough, long

almost instentancoudy told to get out in no many words words many no in out get to told instentancoudy almost me in, not by his hand hand his by not in, me would be my my be would

Yea. Yea. would like to shower and shone, We went to Lay down down Lay to went We shone, and shower to like would

private thing. Do you mind? mind? you Do thing. private

closed the door behind ma and there was no romance. romance. no was there and ma behind door the closed

nation between the three end the Senator looked et me me et looked Senator the end three the between nation the to up courtyard the across walked and them them

that he was, here to his right would be the window and and window the be would right his to here was, he that went up to Senator Kennedy's room. room. Kennedy's Senator to up went

fur a while. I sand, do you want any breakfast? They They breakfast? any want you do sand, I while. a fur

was at me for interfering with the conversation or what. what. or conversation the with interfering for me at was window, and the Senator was sitting to such a potition potition a such to sitting was Senator the and window,

there? there?

wee looking in tits window and I thought he motioned motioned he thought I and window tits in looking wee

ahoy ahoy

Cabin Cabin

, ,

or disturbed, but I didn't know whether it it whether know didn't I but disturbed, or

but I didn't know where the keys were, were, keys the where know didn't I but

is is

I on the right right the on I

a courtyard, and directly ahead ahead directly and courtyard, a

or or

anything, I just thrmalat from from thrmalat just I anything,

room room

and and

Q Where, al the Dunce/ Dunce/ the al Where, Q

Q lay Mr. Fernendee) When and how? Who told you? you? told Who how? and When Fernendee) Mr. lay Q

A Mr. Caroni Caroni Mr. A

Q And then there mime a Ilene when you know that that know you when Ilene a mime there then And Q

Q Just that there was an accident? accident? an was there that Just Q

A Right. Right. A

A No. No. A

Q Or she was hurt or in the hospital? hospital? the in or hurt was she Or Q

Q A Q

A N N A

A Yes. Yes. A

A I don't really understand the question. question. the understand really don't I A

Q And then you had a conversation with Mr. Garton at at Garton Mr. with conversation a had you then And Q

Q And you don't recall which girt this was? was? this girt which recall don't you And Q

A 1 on I, no. no. I, on 1 A

Q Vaud time was this? this? was time Vaud Q

A I guess it would be 10.00. 1 guess around 10:00. 10:00. around guess 1 10.00. be would it guess I A

Q Q

A When I got to the Dunn, one of the girls that was was that girls the of one Dunn, the to got I When A

Q Which was when? when? was Which Q

A When 1 gut there — — there gut 1 When A

Q Do you know if the girb inquired uf her or made any any made or her uf inquired girb the if know you Do Q

Q Do you know if Miss Kopechne had one of those three? three? those of one had Kopechne Miss if know you Do Q Q To whom did them moms belong'? They had indivtdual indivtdual had They belong'? moms them did whom To Q

A I don't know. know. don't I A

A I don't know how they were. There were three rooms rooms three were There were. they how know don't I A

Q You returned with the girls? girls? the with returned You Q

A No, whenwe got there, we went to the room. that the the that room. the to went we there, got whenwe No, A Q And at that time Me. German, did he present himself, himself, present he did German, Me. time that at And Q

Q Now, sometime you went to the Dunes, is it? it? is Dunes, the to went you sometime Now, Q

A Min Keough and Miss Tannenbaum. Tannenbaum. Miss and Keough Min A

Q You had no convemation with them other than what what than other them with convemation no had You Q

A Yes. Yes. A

A Yes, yes. yes. Yes, A

A Correa. Correa. A

A Mr. Carpi, came downpaira sometime after. not too too not after. sometime downpaira came Carpi, Mr. A Q And when was the next time you conferred with any of of any with conferred you time next the was when And Q

Q Q

A That is right. right. is That A

Q Q

A I weal downetairs and I bed some num and coffee. coffee. and num some bed I and downetairs weal I A

A I don't_ They went riff as we — — we as riff went They don't_ I A Q How long had Mr. Meridiem and Mr. Gamin been in Om Om in been Gamin Mr. and Meridiem Mr. had long How Q

TIIE WITNESS: Yee_ Yee_ WITNESS: TIIE

learned dm died? died? dm learned THE COURT: Well, them come a time when you you when time a come them Well, COURT: THE

something mom actions lard happened? happened? lard actions mom something

o'clock you understood there was an accident? accident? an was there understood you o'clock

When and how did you find out that she had Bred? Bred? had she that out find you did how and When

Well, when was the feet time you any you at 10:00 10:00 at you any you time feet the was when Well,

the Dunes? Well, let me nuke that_ Let me rephrase it. it. rephrase me Let that_ nuke me let Well, Dunes? the

an accident; something's happeaml to Mary Jo. Jo. Mary to happeaml something's accident; an

already there, I can't moll which one, came out of the the of out came one, which moll can't I there, already

door of the cabin of Ihr room and said there has been been has there said and room Ihr of cabin the of door

{ay {ay

THE COURT: Why don't you ask him the conversation, conversation, the him ask you don't Why COURT: THE if he had it? it? had he if

or motel? motel? or

mention of you that they had looked for her in the hotel hotel the in her for looked had they that you of mention

rooms, did they? they? did rooms,

side al the - - the al side

girl had which I believe were three rooms all side by by side all rooms three were believe I which had girl that I can recollect. recollect. can I that

Returned 111.110 their motel'? motel'? their 111.110 Returned

was Inc there? there? Inc was

you just described? described? just you chatted a little hit. hit. little a chatted

I sow a couple of people that I had recognized from the the from recognized had I that people of couple a sow I

day before acing mound the Sloretown Inn; so we lust lust we so Inn; Sloretown the mound acing before day

sleep a while, et, I went back and had some more coffee. coffee. more some had and back went I et, while, a sleep

ask them again. I inked them If they wanted any break- break- any wanted they If them inked I again. them ask a a

them some breakfast? I said I asked them once, I will will I once, them asked I said I breakfast? some them

fast and they they and fast

hack to the Dunes. And I mid (Inc. Why don't you get get you don't Why (Inc. mid I And Dunes. the to hack

long. perhaps and sand, why don't you take the guts guts the take you don't why sand, and perhaps long.

Markham, Mr. Gorgon, or Mr. Kennedy at that time? time? that at Kennedy Mr. or Gorgon, Mr. Markham,

them? them?

lay lay

after that, to your room! room! your to that, after THE COURT: If you don't know, my so. so. my know, don't you If COURT: THE All right. Now, you had no conversation with either Mr. Mr. either with conversation no had you Now, right. All

room epproximately, would you know? know? you would epproximately, room

THE WITNESS: I don't. don't. I WITNESS: THE

that Were did anyone lay she she lay anyone did Were that

Mr. Fernando) Yes; what was the convemation7 convemation7 the was what Yes; Fernando) Mr.

Mr. Fernandes) All right. Now, where did you go go you did where Now, right. All Fernandes) Mr.

mid, mid,

no. So, I went bock. They wanted to to wanted They bock. went I So, no.

had had

drowned? drowned?

- 19 - - 19 -

A I lett at, I think it was the 6:00 o'clock ferry that night. night. that ferry o'clock 6:00 the was it think I at, lett I A

Q And I take It al wine time you left she Island? Island? she left you time wine al It take I And Q

Q Then what did you do? do? you did what Then Q

A Spent Spent A

A A

A No, No. Ion luauasked if I would take ore of the girls girls the of ore take would I if luauasked Ion No. No, A

Q There was not, Al that time del you reCaice any instruc- any reCaice you del time that Al not, was There Q

A No. No. A

Q Q

Q They him. him. They Q

W A Afire Afire A

A When he mid than (here had been an accident and that that and accident an been had (here than mid he When A

Q (By M (By Q

Q When, what did he say? say? he did what When, Q

A Well. after, if I an just go back. after he made this— this— made he after back. go just an I if after, Well. A

AQ 1, 1, 1' AQ A

Q Q

A A

() After 11:00, and what exactly did he ray? ray? he did exactly what and 11:00, After ()

A I don't know exactly, but to the best of any recollection recollection any of best the to but exactly, know don't I A

Q I think you said epplolintately 11:00 o'clock? o'clock? 11:00 epplolintately said you think I Q

A 11 would he After, I believe. believe. I After, he would 11 A

A At the Dunes, yea. yea. Dunes, the At A

▪ ▪

to happen from then on? on? then from happen to

tions from anyone as to what to do and whet was going going was whet and do to what to as anyone from tions mode this Malement betidea the &la? All the girls were were girls the All &la? the betidea Malement this mode

anyone else in attendance? attendance? in else anyone

(By Mr. Fernandes) Who was 'newel at this time betides betides time this at 'newel was Who Fernandes) Mr. (By

there, I think you said_ In addition to thin, was there there was thin, to addition In said_ you think I there,

mid *hey had done? done? had *hey mid

on that morning, Saturday mornieqs mornieqs Saturday morning, that on

THE WITNESS: Thu is what what is Thu WITNESS: THE

yourself when Mr. (Megan made this convertation or or convertation this made (Megan Mr. when yourself

getting a repetition. repetition. a getting

THE COURT: 1 will accept it. There is no point of of point no is There it. accept will 1 COURT: THE

from ferry back to the cottage, two is what Mr. ("upin ("upin Mr. what is two cottage, the to back ferry from

MR. FERNANDES: I am not asking to repeat the whole whole the repeat to asking not am I FERNANDES: MR.

Impartent point for our understanding of the chrono- the of understanding our for point Impartent

logical order order logical

testimony, but jam the sequence from cottage to ferry, ferry, to cottage from sequence the jam but testimony,

MR. MR.

Senator nine to the college - - college the to nine Senator

THE COURT: It Is in in Is It COURT: THE

(By Mr. Fernandes) So. as 1 undereiand it, and I don't don't I and it, undereiand 1 as So. Fernandes) Mr. (By

em wrong again; you my that Mr. Garman stated the the stated Garman Mr. that my you again; wrong em n

THE WITNESS: Cave up, turned around, came back to to back came around, turned up, Cave WITNESS: THE

THE COURT: Let him nut glee the conversation. conversation. the glee nut him Let COURT: THE

want to mislead you. you. mislead to want

the dip, got in the car and went back to the cottage. cottage. the to back went and car the in got dip, the

MR. FERNANDES: Yes ler. ler. Yes FERNANDES: MR.

Mr. Camila was saying that we drove to Edgeltown; the the Edgeltown; to drove we that saying was Camila Mr.

Senator dove off of the slip and swam ammo and that that and ammo swam and slip the of off dove Senator

they went into the water after him. him. after water the into went they

rent rent happened, nod ended to be driven to the Edgartown Edgartown the to driven be to ended nod happened, saying, get me to Edgartown, get me to Edgartown. So, So, Edgartown. to me get Edgartown, to me get saying,

Ferry and Mr. Gargen said the Senator was distraught, distraught, was Senator the said Gargen Mr. and Ferry

that neither one of them talked to Ws. He Just kept kept Just He Ws. to talked them of one neither that

just going off by themselves. They then asked him, well, well, him, asked then They themselves. by off going just that, at I recall, that the Senator had called he and Mr, Mr, and he called had Senator the that recall, I at that, mendous emotional breakdown of all these girls around around girls these all of breakdown emotional mendous

what happened again, what happened, and he explained explained he and happened, what again, happened what

Markham 0111 of the entlage, had told them what had had what them told had entlage, the of 0111 Markham

me. So that fan five or ten minutes there was nothing nothing was there minutes ten or five fan that So me.

but crying, not of au hystericel suture, but they were all all were they but suture, hystericel au of not crying, but apparently Mary Jo was dead, the Senator tried, had had tried, Senator the dead, was Jo Mary apparently

gone into the water and no forth; there was a tee- a was there forth; no and water the into gone

THE COURT: II would he simpler If you allied him to to him allied you If simpler he would II COURT: THE

with reference to what had happened. happened. had what to reference with

Did he mention that he hail returned to the scene at MI? MI? at scene the to returned hail he that mention he Did or tam he he tam or

he was explaining to the girls Our there lied been an an been lied there Our girls the to explaining was he

accident. The Senator's car had gone off the bridge; that that bridge; the off gone had car Senator's The accident.

tine. tine.

d d d

R P

id:he say when? when? say id:he

. EIIENANDES: Nu, your llama, I think this is an an is this think I llama, your Nu, EIIENANDES: .

I said, ail said, I

il.

a a

very uncomfortable house or so. so. or house uncomfortable very

e e

. .

t t

—

Fernandes) All that was said by Mr. Gareen Gareen Mr. by said was that All Fernandes)

after hint? hint? after

oiw

of of

had made an effort to find Miss Kopechne Kopechne Miss find to effort an made had

and that apparently she she apparently that and

righ

what happened here, if I may. may. I if here, happened what

c y c

. .

d icth? d

and and

the the

e e

aaid, stay here with the gill, gill, the with here stay aaid,

weenies; I'm just recalling. recalling. just I'm weenies;

I want you to Correct me if I I if me Correct to you want I

record_ There ia no point to to point no ia There record_

he he

explained, what what explained,

he was dead at Oats Oats at dead was he

he he mid mid TESTIMONY 0 Along with other people wore them :them that left with Ilic did not. OF When did you next see Senator Kennedy? you? JOSEPH GARGAN A I left with lets. terRuea, Mr. Crimmins and Mr. Gamma, A I new Senator Kennedy l would say around 1 o'clock the afternoon of Friday, which you soy would be the Q Did Mr. Citroen mention the whereabouts of Mr. Ken. Before: tindy at that tiose at II o'clock at The Donee? 1 8th. lion. hones A. Boyle, Justice of the Q The 181h. Now. bed you made urromement for a cook- A I don't recall. Edgartown District Court Q Did anyone or did Mr, Gorgon mention anything about out? A I lied. eny inforics or the condition of the Scontor? Present: A Other than der:oohing his condition of the night before. Q And what were those arrangements? Edmond DIEM, District Attorney for the A Weil, hesically I did this: Il win mule Own arrangements HO. Southern District of Massachusetts, 0 Do you know If anyone returned to the scene of the for Is cookout, 1 arreviged to have rooms et the Shire- Armand Fe-menthol Amite:set District Attorney. accident at coy time after It happened? town Inn I had arranged for a cottage where it group of Peter Coy, fursutent 13/11Tha Attorney, THE COURT: You mean from his personal knowkdge? the people from basically Vailulas Kennedy campaigns for the Commonwealth- •68 MR. FERNANDES: Yes, Personalty. and the Ganipaipn to gather to have, as you suggest, Q Do you know or did anyone tell you diet he or they a cookout on that prude-Our weekend. Joseph Donahue, Bose for Joseph Darren. renamed to the reene of the incident? I) I mu. Did you make provisions for liquor to he served at • the cookout? THE COURT: Do you mean did anyone tell him? Thomas Teller, Clerk of Courta MR. FERNANDES.: That they or anyone else returned A I did not. w...•kV! Helen S. Tyre, Temporery Court Officer V to the seem of the reecidem at Dike Road and Dyke Q Do you know who did? Harold T. McNeil and Sidney R. Lipman, Bridge after it had occurred either immedielety after or A Yee. Official Court Stenogrephors, an hour or a day tater, or any time after. Who did? THE COURT: Dld anyone toll you that they or some- A Mr. Crimmins. Edgar/own, Massachusetts, one else returned to the scene of the aecident, meaning 0 1 me_ Now, with regard to friday, you first new the Tuesdoy, January 6, 1470. the Dyke Bridge, after the accident oceurreel? Senator sometime emend I o'clock? THE WITNESS: Yes. A That le right. JOSEPH CARGAN. Sworn Q Who? Q And where vow that? A Senator Kennedy in hit television _determent of the fol- J'■ It was on dire side of the was in Edgeotown on this EXAMINATION BY MR. DINTS: lowing week. aide at the ferry landing, Q Your full ovine,prea,ZeT Q No. No one else other than Mr. Kennedy? Q That afternoon to your kuowkdge did lime Senator race? A Joseph F. Cargan, Go-r-g-aeo. A That in right, A He did. Q Where do you reside, Mr. Gargle? Q You did not go In the scene? Q Were you in his boat? A 1072 Blue Hill Avenue, Milton, Massachusetts. A I was. A No, Q Mr. Carpn,— 0 Did you speak with the Senator, Mr. Kennedy, et any () Did he have anything to drink in the way of alcohol? time about this occident personally? THE COURT: Mk him his oneupation. please. A I don't /Gaily recall that very well, Mr, Dints. I have a Q Occupation? A No. yamue recollection of the feet that Mere may have been A Vice president of The Merchant's Bank of Hyannis. Aloe Q Did you speak with Mr. Markham about what happened or when he came he may have Nought with hhn iume• all attorney practicing lew for about fourteen year.. at any time? thing containing maybe three or four beers. It is often Directing your ultention lo July Ifith Ind 19th of 1969, A No. our habit to hive beer on board. That pettiest/a' day I THE COURT: You meet, other than this meriting at The wore you on the Leland of Martha's Vineyard at that really can't weal, but I would say 1 do recall lila/ we time? Dunne? had some Coca-Cola eboard because I remember Howie A Yes, I was. MR. FERNANDES: Mr_ Markham wee not there-. Moll who sailed with us, who was • younger fellow, THE COURT: At any lime about whet happened that CI And when dill you arrive to conjunction with thou two drinking Dike during the course of the rein, and Invemigadng Grand Jury Foreman cherk.asceRe. dates? per- day? licutarty here on that day when you race out with A Well, the dates to tell you the dub I Ern not ewe of. i TUE WITNESS: No. southwest breeze which we didn't have that day, and came on Thursday if that was the 18th. f came on Q You had never spoken with Mr. Markham about this A No. the wind Ia behind you and you err running the wind Thursdiy afternoon et approximately el o'clock in the accident? MR. FERNANDES: May I haves moment. your Honor? with a spinnaker it alweys le my experience that the afterromn, ne soon as the race between WINONA et A No. THE COURT: Yes. boat becomes extremely hot. That particular day I Marsha's Vineyard Wend or Edgertown Harbor. I think You had seen him? I direct your attention to the morning when you say worked very loot, I remember. because during the entire we carne in that day ICI what you call Key No. 7 and I A I sec him every day in the street in Boston? you observed Mr. Kennedy In the Shiretown Inn In his race going out ahead having to hold onto the stay, would my we arrived there between, somewhere be- Q Now, if you know, do you know what happened to cabin or cottage or whatever. forcing my beck out in this position with the pole tween 3:00 and 4:00 In the ofternoon. Mary Jo Kopechne's potketbook? THE COURT: You mean when he wen: in the room? holding the spinnaker out, no 1 would suggest to you Q Did you arrive by althea/ A No. Now, .gain with reference to his condition, or an oh- Thal during the course of that lime that probably the A Yes. Q When you went with Miss Keough to pick up n radio at Retention If you mode it then, what if tiny observation Senator turd I bulk had perhaps maybe a beer. MR. DENIS: He arrived on Thursday, the 17th. the Shiretown Inn. did ehe take her purse with her that did you make other than that he looked troubled or 0 Wee there any runt abased? () With whom did you arrive on the lelanill you know of or remember? distraught? I don't know what word you used. I want A There was not, A There was a boy named Howie Hall that galled over with A I don't remember. If I can my in retrospect I know you to describe what you saw at that time. me, raced over with tee, tad to tel you the truth f am Q Now, when did this race end? When did you coma something hapoeued after the feet that l know that she A When I caret into the room he wan sitting on the couch ashore col sure who else. .I think Peet Merkharn did, in feet, take It with her tier lie was dressed. Mr. Kirkham and Mr. Cumin mete was on the boat at that time. A I wooldkay probably from 2 to 2 and a half hours hoer. What do you know about Miss Keough's purse with tilting on two bide to my right opposite him. Ile looked () Around 3 o'clock? Q And did you come into the harbor here at Edgerlown? reference to tt being In MS. Kennedy', era, can you tell up at are end said smoothing to the effect. "Do you A Yu, We ended in and sailed around for a couple of A No. The rice started about — we whirled late. We usually Us that? mind, thin is private," end my only observation wee that minutes until I could find a Orme to anchor the boat. start early, the seniors. Thel particular year I think on A The first time that I knew it wee there was the time In his eyes and in his lien there was something wrong. Marled aS Inc The harbor was at that time rather crowded End I r as 2:30 that day. I would suggest Ilot that I was asked by Mira Keough or someone, 1 can't Something was wrong. 3:30-4:30, it was almost 5 o'clock licher. we mum in. email now, if I would go to the police station on The clothing that he was wearing then at that time as Ire Anchored the boat elmort directly across from the Ed- eartown Yacht Club bid am of the chem.) and Q Did anyone go to the call beach lo your knowledge? Saturday afternoon. up her bag, which I did. at On the rola or couch or whatever, If you know ur on the Pick other aide,— A At that time, no. What is the east beech? Q How did she know it was et the police cation, if you remember. Is this what he lad been wearing the day Q And did you come into Eillartueni? Q On ChIpplispaiddink Island is a beach an the other side know? before? A Yea. I did. of the Dike Bridge. Did enforce. to your knowledee, yu A I think - A I don't remember. Q Immediately? over there? THE COURT: if you don't know, my no. No spec. MR. FERNANDES: No further questions of Mr. Trotter. A Yea. A What day ia fhb? lotion. THE COURT: Is there any reason we can't excitee him Q So you arrived sometime around 4:00 p.m. on nods- Q On Friday. THE WITNESS: l don't know. now? day, the 17th? A Oh, yet No question about that. Q She told you to pick it up, and you picked it up and MR. FERNANDES: I don't belie.° so. I think we have A Yea. Q Someone did go to the besehT gave It in iset? finished with him. Q Did puts cheek In anywhere? A I would my nor only somebody. I think everybody went A Someone asked me to pick It up. THE COURT: You were here yi.terday, l think, and A f checked in et the Stairetown Inn. to rest beach in the moraine. Q Do you know or did you know where Miss Ropechne's heard the warning about nor duclonne year testimony Q In the morning? was? with any psuaon except counsel. and puticularly with Q Was Mr. Markham with you at the iime? A mcket book or tome A Yea l would my approximately 12 o'clock. no other witness? A Yee, an I recall. he Q Was Senator Keassedy? Q Were all the girls there? Q Al any time? THE WITNESS: Yee. A Re was not. A Some others were there .riler then that, obviously, A No. THE COURT: Then you are excused. Q Ile hemmer. when I arrived these al 12 o'clock some of the Q Do you know who returned her clothing, end to whom? Witness encored.] was not in the ones_ Now, later that everting did Senator Kennedy joie you at that limo? group wore shandy there. - 30 -. — 31 —

. Q The girls that were invited to the cottage cookout, were Q Prior to hie leaving did you °biome the Senator drinking 12 And what time did you arrive al the bridgel A That is correct. A Weil, I would any al the speed I wan traveling It was they on the east beach in the morning? Q Now, by that lino What time would you say It wee? cocktails? A Some, not all of them. A I did not observe him drinking, as you put it, cocktails. certainly no more than five minutes and it may have A I would say that I slatted the chamoal cookout between been ea alsOTI es n couple of minutes_ Q Was Mary Jo Kopechne there? 9:30 and 8:45. TIIE COURT: Any alcoholic beverages? A Yet, she war. THE WITNESS: t would put It thin way, your Honor, Q Now, at the time the Senator was In the car when Mr. Q 1 see. Now, had soma of the group arrived? Markham Inbred you, what slid the Senator say? Could Q And was Senator Kennedy there? A We were all them at that rime. quite fonkly l saw the Senator particularly earlier to it A hie was not to toy knowledge there.] understand he was the _evening with a glees with km in It, a tell glass with We thou that again? Q All there? A He said to me that the car has gone off the bridge down there, but not while I wen. Ile wall there later on. A That is right. deck fluid in it which I would presume was either Q What time sild you Mem the beach? Pepai.Cola or Coca-Cola. Since I bought the material, by the beach and Mary Jo is in the cot. Q And could you give us the names of therm who were Q Did he say to you that he had gone off with rite car? A (lull the beach I would say at 12.30 and headed for the there at that lintel would say it was Coea4;olo.. Whether there was anything ferry. in the giant besides Coca-Cola. L cannot honestly testify A No, he slid not_ A I would ray lark Crinorrina. Paul Markham, Ray LaRosa, Q Did he tell you any more than [het about the accident? Q What time did you arrive et the beach? Charlie Trotter, mynolf, Senator Kennedy, Cricket to, but I would say frankly that the Senator does consume runs and coke and I would assume he tut It No, that is all he mid. A I would say around 12 o'clock. l spent around o half an Keough, Mary Jo, Susie Tannenbaum, Esther Newbergh„ hour there myself. drinking runt and coke et that time- Q What was — how did he appear to you et Lhe time? Maryellen Lyons and Nance Lyons. A I didn't took el him at that timc_ Q And the Senator was nor there at Him time? Q And you then, around 9 o'clock, 9:00 p.m., began to d Was he drinking nil the time that you were there? A Not 141 that lime. serve the food? A Well, I saw him — oh, 1 would Bay, I noticed him on in 9 You didn't look et ]rim? Q And yet you met the Senator a half hour later? A I did not. couple of occasions with, as I say, this glass in his hand A No. A I Q Was he wet? would nay a fall hour later I met him ut the ferry Well, at some time tire food wet served? with, mean as I described, • dark fluid in the early part of the evening, 1 will my 8:30-9:00 o'clock, talking to the A l didn't mance at that time_ lauding. At the time he was procveding on the ferry to A That Is correct. kidgurlown. girls, talking to the fellows, tend had thin at that time I 0 You didn't notice whether he war well Q Is it safe to ray it was after 9 o'clock? A Not at all. Q Avail what time did the race Rut/ A No. did not notice, to tell you the truth, and to he quite A The race started at about 2:30. ain't ray frankly whet Q You didn't look al him at oil? I) 1.1 was prior to 9 o'clock? honest with you, Mr. Dints, I Q Now, when the boating was over for the afternoon did Foe instance, Mr. La- A Not at that time. A I will my thal I alerted serving hot bar d'olivres at anybody had basically to drink. you return to the Shiretowe Inn? Q Did you have a rearon for not looking al him? approxintately — Rose — nay experience with Mr_ LaRosa is that Mi. A Yu- LaRosa never drinks, never has on any occasion that I A Yes, the thing I wee interested in was getting to that Q Yau were checked in them? THE COURT: Now, Just x minute. If you don't lead to bridge. notch and know of, and yet I can't Sell you whether he had a A There is no question shout that. my it was before 9 o'clock or alter 9 o'clock, THE COURT, Where wee he seated? but simply ask him whet lime it [sae, we will act the drink that night or not. 9 What room dui you have, do you recall? 30 with Miss THE WITNOSS: in the back sear I never looked answer in one question. Q You say Senator Kennedy left around 11, A I don't remember. I think the roam nomber may have around, Ile told me what the probtem was and I aimply Q Well, will you descriee to the Court what transpired Kopeehnt? been — I have u vague recollection of what is Ws. but A Well, I &aw him go out the door. That is or much as 1 drove the cue towards the bridge. after you made your early preparations for the Food- Q (By Mr. Pints) You knew the Senator was in your car? can tell you exactly which room it was. It was up on serving? can teU you. the porch and when you came to the porch it was the Q Do you know when and where they were wing? A That is correct_ room right in front of you. A I turned on the oven. At that time I took out of the had a 9 Btu you didn't look at blot? refrigerator wlurt you would call home A I named they were going to the tarry. We had Q l)id the Senator have a room in that vicinity? her d'ouvros, A No, he simply told no this thing. I didn't examine him some of those cheese-type things. tome which have sau- conversation about the ferry prior su his leaving. A He was in the same room. or Look at hint or anything elm. sage and some which have cheese. I turned the oven to 9 What was the conversation? Q You were bunking together? Q Did you go directly to the bridge emu, the Dike Bridge about 4511 degrees. They take about 12 minutes to A Well, let me pet it this way: Ma. Crimmins ut 11:15 was A Correct. somewhat agitated by the feet that we were all there, area? cook, and I pin in some of these her d'auvres at that Q Was there anyone eke bunking with you? Crimmins pointed A Yes. time. After they were ready I took them out and started that we weren't moving out, and Mr. A Nu, them are only Iwo beck. Q And what did you find when you got there? to past them around to some of the people. Some 1 out that it wee 1,1 AS end that we ought to get every- Q Now, some time that atternoon the party group Left for A Well. when we arrived — passed to some of the girls end suggested they puss body towers, the ferry. we ought to think shout leaving the home at Chappaquiddick, is that correct? THE COURT: lost a minute, did you drive over the them. because the ferry did Irene at 12 o'clock and that was A Not that afternoon. You will have to wry that evening. the lust ferry. bridge? Q While the bar d'ouvres were being passed cot Wee, thorn Q About. what time did the group begin to assemble? Crirnmina that I had a conversation THE WITNESS: I did, your Honor. drinks being pawed out at the same lime? 1 indicated to Mr. A Well, they all aseembled at different times, Mr. Dion. with the furry man In which I had asked the ferry truss THE COURT: Did you have any difficulty striving over? A People were going to the bee either making drusks for Q What time did you arrive there? not we couldn't pomibly have later_ 'lire THE WITNESS' No, I went very slowly over the. bridge themselves or In that area. To tell you the truth. I am whether or A Where, on CheppaquIddick that evening? ferry man indicated to me Oust lie would possibly keep end had no diffieulty_ 1 lod been over it before several not that aware of It because Dom working at the stove Q At the house at ChappaquIddick. the ferry going until l o'clock_ However, Otis would times. And going ounede— In fact, there eertu people having A The Foal lime I arrived at approximately 7 o'clock. coat, I forget whether he sad 50 cents a person or a THE COURT: Thal day? drinks, • few &mks sitting down talking. There were et y -a! of Q And did you remain there for a period of time? dollar a person lifter 12 o'clock, But 1 seld In THE WITNESS: That day and the day before. I drove people from time to time during the course of the entire A 1 did not. I left Immediately. perhaps we will come back and lliscuaS It with him. over the bridge. Arriving at the bridge, I drove soar the evening going to the bar area since the her area was in Where del you go? bridge. As we were going over the bridge, the Senator the kitchen area where I you working. When Crimmer• at that time was somewhat agitated I A I went back said the our is there, pointing to the tight. (Indicating.) I to the ferry leading. Q Did you hare anything to drink yourself? indicated. Jack. that 1 had had this conversation with Q Did you pick up some people there? she ferry operator. At that time the Senator joined tea in don't know whether I new him point, but he mid it is A I did not, until some time later. If you are Whine at 9 A I did. this conversation. What the Senarer raid I don't recall, over there. I went over the hridge, turned the car o'clock, I did not, I had something to drink. Yoe. A Q Did you then return to the house? was around the around and faced the :tests or the car toward the miter. coke. I had about Cow cokes, u • matter of fact. but I know that the general convenration A I did. fact that everybody going to the leap and ping back (By Mr. Diehl Could you nee the ear in the water? Q What was available fur liquor for drinking purpose.? Q Q Now, how many hips did you make from the house to A. I could. A That I am Out sure of, Mr. Dints. 1 do know end cocrybruly Is not really a terse picture became 1 the ferry boding? that them Q Now, prior to keying the house, [Phut attracted your was Vodka there. think Mr. William and lack Crimmins were going to attention to the fact that Senator Kennedy was in the A One. Q Rum there" May at the cottage that night Q Did you amain at the house after back seal of the cast [het? A I know that Crimmins and I had bought two cases of Q glow many automobiles were in the yard at that time? A I did. A Two. A Rey Lar01/1 hash corm into the house, 1 was in the Ewe a0.1110 time? beer at Mower's over here. Crimmins had bought the kitchen area. Ray LaRosa said, the Senator O ['outdo. liquor. an I understand it, In South Boston- Q The Senator's car and the white Valiant? A I did. I know the lie wants to see you. liquor store, but 1 can't tell you the name. tt is on the A That in correct. 0 Will you describe to the Covert whet we transpiring at Q DId Ray LaRosa then follow you out to the ear? parade route, the March 17th partite. tt to on the left- Q And you say the Senator was leaving with Miss Ko- the !souse? While you were there, what was happening? A 1401 really 1 went immediately out to the car and wal heed side of the road. 1 think there was some Scotch. I pechne later alona7 [about to get us when the Semler said to me, get Pool A Welt, I would may that I valved at the house somewhere don't think them was any bourbon. A Well. whem he was going, apin I don't know, I assumed to between 0:15 — 8'30, probably close 8[30. At that Q Was there ram? he was going III the ferry. He went out the door That is Markham. Ray was then standing in the sort of what tine I immediately went outside, took what is known you would call it. If there was r walk, the front walk of as A I think there must have bean whiskey, and their was all I can telt you, Mr. Dinh. I dial not we him after that. a the house. I said to Ray, get Paul Markham. Ray went cookout and moved it away from the house. It mu rum, yeti, there was. Q When did you next are the Senator? close to the house_ I moved it approximately, oh, I will back into the house; Paul Markham then name out Paul Q Were you aware that Senator Kennedy kit the premises, A I neat saw the Senator in the back seat of the Valiant. way 211 to 25 feet from the house end placed it in lentil Q AL what time? Markham and I then want into the cur. the cottage, at some lime that evening? around. Now, Whla of the window that faced the kitchen no that while A Yes. A I would say approximately between 12:15 and 12:30, Now, you have got your car turned was in the kitchen area I could lee it °Weide. Q Do you know what time? Q And whet did he ray to you at that lime? car war this, the white Valiant, in !bat correct? 1 then pot charcoal Into the cookout and poured a A Cane et. A I would say, us I recall, that It was approximately A The first thing he said to me mos, "Gel Paul Markham." 9 You have burned it around now at the Dike Bridge and substentiel 'MOUSSE of charcoal lighter onto the charcoal_ between 11:25 and 11:30. 9 And what did he my after that? It flamed up, then began, at leave the Koff poured on you have got your lights slotting in the weber/ I Q And do you know whether he let alone? A W011. I got into the car mod Paul Markham got Into the the charcoal began to burn. au has gone off the A They were not shuuing in the water, became of the A I would my that he did not. All I can tell you to I saw car. The Senator mid to me, "The then went Otto the home and turned oil the position they were in, they were staining StatOa the oven- him teavethr done where he went from there I am nor rare. bridge down by the beach and May Jo is In it," With Then into the 30s-ingrain, f could smiler and what I have horned since would he in the I sow him go out the door of Ow cottage. that I hacked up the at and went lost as fast in Q Yes, I know_ I did me h11311tO direction of the Dike Home. You made preparallon for the food to he Out the door with Mary Jo Kopechne, Where he went from towards the Midge. served, them, I don't know. —12— — 33—

I C tall - - • - Q And - Q And he didn't cell you that he went off the bridge with A 1 didn't know it was the Dike linuse at that time, but It rear of the ear And hold on end that f would continue it? would he in that general direction_ I have never men the the nItempts at diving and when I came up I outlasted A He did later tn. Dike House. I didn't nett.: it during the daylight or at to kiln, ur when I came by, to reach out and grab flint. Q Later on, but not at that time? Did you injure yourself in any way? night, but I understand it Is them. A No. All he mid to MC i, the car is in the water, Joe, Q What did you do theta A I did. Mary Jo is in it. A Well, J looked down and I saw this car. The car was Wirer injury did you Plaudit? Q Nu furl her expianutions? completely underwater, completely underwater. Paul A Wen during the course of this attempt now with Mr. A Nut at that lime. Markham at that time marled down toward the water_ I Merkitant at the rear of the ear, I started up at the front EriAVELI•Sa. IN 11110 Q Now, at some point you terminated this effort you DIRECTION. mid, Paul. don't go in film car, Paul, without taking of the car and holding my breath I started to work made to get in the ire with bin Markham? your clothes off, and to Pool mete back. At that time I myself underwater down the car, down the side of the A 'That it correct. Wan at the right front fender by the right front wheel. I car toward a w tallow to see if I coal-1i get in, and finally Q And do you know bow minis time was used in trying to took my clothes off, including my underwear. I vino on rine occasion I did reach what i assumed to be a get into the car? stark naked. Paul Markham took him clothes off lie window. You set, one of the things you must under- A I would any we were probehly there forty-five minutes. ..eirjr007 went into the water Drat I went Into the watts after stand ia you could not open your eyes underwater. The Q And then what happened? him and we man, our to the car. Des you want me to current, and I can seam even in salt water with my eyes A Well, we finully determined that we jmi couldn't get in continue? open, hut the current was terrific that when you the car and we got out of the water, went up onto the Q Yes. How far did you hove to swim out to get M the were underwater you had to operate by feel alone, Mote and I began to drum at the side of the car, the art because the current would just force your eye. cloud. right-hand side of the eat. CAR WENT OVER A I would my ahour Dorn here to that Judy, [indicating/ So, I was daring it by feel, I reached end opening which Q Was there any conversation with the Senator at that et.T.PROXiMATELY HERE, about twenty feet I ermined to he one of the swititloWn. I forced myself — I time? Q And what did you do thee am sate It was a window, quite frankly — 1 got myself A Nat that I recall, Mr. Dinka There may have been, but A Well, at first we grabbed .hold of the car, because the in_ i went in sideways like thin, {indicating) and I got not that 1 recall art that time. Ile was standing el the current was tremendous and I woe surprised by that et myself in and I began to feel around, feeling around, front of the Car at that time, Mt. Markham was etso first. We tried to grab. Al firm I think I held onto the forting mound. I then began to lost naturelly my Mouth putting hie clothes on mad I was standing at the right wheels of the car, the front wheels, but this wan dif- at one point and I tried to get out. r slooldn't get out. I insist fender putting my clothes on and it wan at shit ficult to hold on, hemline the wheels kept spinning on 00n thick, and I was stunk because I was sideway' time — you here *sired thief before — that I noticed that you. So than I hied to grub something on the car itself which is, to tell you the tenth, Mopid, and I (Many the Senator's hair wan wet and matted and vary curly and 1 won feeling around and I telt 50111C kind of o rod. realized what the problem was and I turned myself this which it tends to be when he goes s-witeming. His heir I don't know what it wm. A long rod that was not as way (indicating) and meshed myself out and sante to the was very curly end am I said matted, hut obviously curly. thick an that (indicating) but it felt like, oh, about as I top of the water. nibs time Mr. Markham missed me I noticed particularly hie penis. Ile had either a yellow would any no thick as copper tubing and I had e hold of and l ended up some, I would my, twenty-five yards to nett tan light pair of pants on. I don't know, they were that and then I told Paid about it end Paul came over the rear of the rah Paul crime after and grabbed me and either white or yellow end they were definitely net and and he grabbed it and we were both holding onto this Warted to help me. I got my breath hack again. I was clinging to his legs mad he had, I think, a black shirt on thing, as I my, thin sort of long rod and holding one feeling all right and we both swam back to the ear again that wee also clinging to his body and 1 noticed that at beads those water like this, (indlentirm) became the and I resumed this, starting it the from of the car again that /hoc_ wider wan deep enough! that in order to breathe, I cue corvine down underwater and attempting to get into the Q Now, where did you au from there? Whet Minimised recoil holding my hand up like this in order to Menthe Cat and then I tried something different after that then? at that time_ Q You didn't sustain any injuries? A After I gar dossed, I got around, got into the front Diagram Milkmen bolts of Man. Motor Vehicle Registry finding Q You could breathe and yet hold onto the automobile et A dad. driver's anal_ Again Mr. Markham got into the passen- Sen. Kennedy ar teflon, fault for accident. the mme lima? What injuries did you amain? ger's seal. The Senator got into the back of the car. I A That is correct but the car was totally underwater. A My chest, my arm end my back was !redly acreped. hacked up the car and almost, you see, in a dart, I loot Q What wan the Bierman doing at this time? nee. Was Mr. Markham injured in any way during this? Wooled up the car. I went over the bridge again and going down the road, the dirt road headed towards I A I didn't notice the Smudge. Ile war in the vicinity of the A I have no knowledge of that. started up the dire road in the direction of the ferry. don't know what. Ile suddenly new the bridge in front car. of the bridge men. but realty — You have no knowledge of that_ Now, for how lone did Q Did loan make any effort to obtain additional airdatarice of him and that wan It Ile mw it in front of him, the Q He was not in the water? you make 'hes effect around Oa tar? A No, we did not. lights shone on the bridge, and he went right off it Into A Ile was not in the water at that rime. A Well, after not being able to gm in Minuet the window, Q Was there n particuLnr mason.? the sealer. Q What did Mt Markham do? spent u period of time trying to open the dour. of the A Not a particular reason, no- 1 mean. I dove into the tic 111011 told MC that he lemembers struggling in the A Well. Markilaill and I were both holding onto the car. Car. I would ray. I don't know how long I featly tried to water_ I felt — at Met moment when I went down I fah water. Ile was feeling Mary Jo !struggling in the water Then we made game attempts to get into the car. The open the doers, but an 1 say, not being able la get in there was only one thing to du and that was to get into remember. feeling the water coming up over Ida Chant, first thing we both did was hold on, bolding onto the the windows, then I towd to form the doors open and 1 the car and as quickly Is possible, became I knew If I which was monies!' for him, and thin gill sticks in any car, I attempted, and I don't know whet Mr *trillion cone umuccionful. Why, to this day. I don't know, be did not there wasn't jut a change in the world of saving mind. lie mid, "Then I gave up, I thought that was it did to tell you the truth or how he was making his mum I could push the button anal everything else. Well, Mary Jo, and I gave nit, I just anne Up, and the next thing I know attempt. I don't recall. What I distinct-1y remember 1 arm one of the difficultly:. wen I had no leverage. I wan You must realize Ural Mary Jo WAS a very good friend woe out of the water," — not out of the writer — —The doing was trying to put my feet down to feel whale !he swimming in the water and the water was mrrying me UM of mine, a parson that I hold in great esteem, great next thing I know I had come to the [up of the water." windows of the car were, holding onto the car and thin till the lime, findisatting/ but I did have nay hands affection, and I had lost e friend. She wag in the water Q When you wore making the effort to gat into the car trying to get my feet into the windows. on the door, I could mush the button, but lcouldn't in the car and I thought at that time the only thing to what position was Mit car in? Q Did yon find the windows? seem ro open them. At one time I net only embed the do was to gal In that car sad gel her as quickly In A It was upside Arose and it wen — excuse me, can f use A I LI in_ button, but put my liners up against the car and tried pomade. When we failed In that, Mr. Dinh, 1 didn't this hen for a second? Assuming 'het this was the Q And what condition were they in? Inn open it that way and looking back on that I think think that there was anything more the; could he done. bridge, the car was right there in that position A Wen. - the reason I couldn't open the dour even when I wan wins to Winer The front of the car end the hack of the oar y. Q Did you have any thought at to how her body Q Were they open? doing that was I wax pushing Arnim' myself; probably be removed from ittat ear? herr was directly— A Some wen One of the windowa at least was that I the very knee that I hod, that I was trying to are A Yes, we discussed that. THE COURT: Them it at illustration nude by snore- recall, yes. leverage on, wen holding the door because 1 was pushing, Q What wan the discussion? body elm. Q Were you able to make your way into the ear? I think, like that, and I wan holding the door I think by A We only matted up the dirt rood. Senator Kennedy was THE WITENESS: Thai It pretty close to correct. I A Wen. not at that time. trying that, but at any rare, the red ts that t mind not very emotional, extremely upset, very disturbed, and be would have the tar even etraighter than that, but It Q What side of the ear were you on? open the door and I felled doing that, was teeing this expremion whkh I have heard before, but pretty done to correct , A Both sides. When you left the house, when you were driving the he was using it particularly that night, "Can you believe Q And wee there any conversetion about seeking additional Q You worked an both aides of the cat? Vabent towards the bridge when you left the cottage it, Joe, can you believe it, f don't believe it, I don't A Y us. and the Senator wen in the hack Wan. was there any Ochres This could happcu, J lust don't believe it.— and it A There was not. gi Mr. Markham along with you at the mine time? convenation at alt? continued in Shia way. Q 'There was none; A Right. A No. I made an attempt to calm him down, you know. A Seeking additional asaistance? You mean towards getting Q Did Mr_ Markham get into the car? None wheitmeverit Fatally I old, "Well, what did happen. what did happen. the cm out of the water er something like that? A Ile OM not. A No, war Jon took off, just as fast as I. could. SerialOrr Senator, Ted. "What did happen, Ted," Q Yes. Q Did he tutonerge himself anywhere near getting into the The Senate made no explanations an to what hap- and then he explained to me whet hoppened_ A Well, In that direction, year pened? First I said to him before he even explateed to me what El What wail the conwroationl A Well no. He matte some attempt,, but what we found, A Not at Met time. happened, I said lir him. 'War you daring the Car or A Welt, after he deuirihed to me what had happened he Mr. Dinka Is in doing this, the amain kept ding/arm you Now, for - was Mary fo driving the car, who was driving the est," told Inc that, Pao know, thin strugallue, coming to Ere away, So, t than suggested to Mr. Markham — this wee'. A Except to nay that an 1 mid the ear had mine off the and he mid, "I was drming the car," and then I said, top of the wallet, all of Um, and Item again he darted on for five or len minutes — ! magmlad to Markham bridge and Mary lo will in lt and that wits if, As far as "Well, what happened? What the hen happened," and he to go into this thing attend, "I don't believe this, I don't that he get onto the roar of the car, that he Wry at the was concerned. 1 had a vision of an car w the stake. wee numewhat calmer now and he MIA are that he wa, believe this could happen to me, 1 don't know how this — 34 — - 35 —

--77s".•,FWTrimr.-- I !!

could have happened, I don't underhand II," and thin This was the gist of it_ "You have got to report this main, end then I don't remember the conversation di- thing immediately and you've got to call these tWO Q And hoed long did you remain after you gave this Q And that was the only purnon that you had in mind at rectly word for word. question and answer, but 1 do people." information to the group that way left there? that lime? recall that the gist of the conversation or the thrust of At than time or it the end of this conversation the A I didn't remain wily long. I took the girls to llie ferry A That in correct. You hoer to remember that I have been the conversation won that thin accident, and 1 said, I wan Senator said lo MC, said to both of men basically, "All dock_ coining hoe and racing for thirty yours and one thing the one who said IL, thus we have gal 1.0 report this right, all right, I will take care of it, you go back, don't Q And do you know where the girls word After Met? you can't gel in an 114galloWn weekend, Mr. Dints, in a accident, hove got to mato, a [apart of thin accident upset the girls, don't gel them urvolved, I will take care A Yeah. They went to the Ketama Motor tan. Yes excuse, telephone. 1 know all Mr telephones on this Island well Immediately. a IC' not yeah. yes. they went to the Kitten. Mono Inn. and where they are and you Met ain't got them_ Q What time wan this? With that the Senator got out of the back Oral of the Q And then did you go back to the Strizatowel Certainly I wanted a place where the Senator could talk A That is when we were in the car driving in the direction cif took about three steps and dove Into the water and A Yes, I did. privately In tell exactly what hod happened and then of the ferry. To tell you the truth, I don't remember started to swim across the cut. I then jumped out of the Q Now,— Immediately report to the police station. this chive at all, Mr. Dints. k 'member the converaution car, Paul Markham jumped nal of the car, and we A Eventually I did, yea. Q Did you elk the Senator whether or not he had repotted In the car but driving the mar or where we went or how watched. end he storied to swim across and continued Q Now, you say that you went bock to Chappaquiddick at this accident up to that tame? we went Is a lehink to me. to swim across and I watched him until he was about 2:15, is that correct, the comm. after I he— A I did. Well, was it aumetkrue around 1:00 om.? halfway ur three-quarters or the any wool. A Swim. I went back to the collage and arrived there Q Awl whet did he say la you? A No, I will say that thin was closer to 130. We then got in the eat, drove down the road to the about 2:15. A Ile had he had not. Q 1,30 ern.? cottage At that time I said to Mr. Markham that maybe THE COURT: Well. it it all in the record. 0 Now, dhl you have any conversation with the Senator A Yes_ As 1 slid to you, we vele there fur 45 /Moot. and we hotter go hack CO the fairy Blip and I will swim MR. DINIS, I am trying to reconstruct In my mind the end Me Markham on the other side of the, on the 1 will say we were there quite a long time. It would he ecross, so um went past the cottage, turned the car facia in the case. ChappaquiddIrk lending that mooting? sometime between I 7 l5 and 1:30. around. Web ypassed the cottage, again drove down the THE COURT: Ito just told in 2:15. Now, we don't need A No, out to any great degree. The Senator did all the Q You said that this must he reported to the police? road and went hack to the ferry slip. Il repented on the record. talking and that was basically on the phone. After he A That is correct, By the time we reached the ferry dip we talked about it MR. MIS: Well, 1 don't think it is possible, your finished I dunk it was I Mat suggest.] that Paul go with Q And won Mn- Markham present when Ills cons said by and I decided once the Senator had gone he was going Donor, for your Honor at this fate date in my life to him to the pollee Milton; Mat 1 would go to the you? to report the accident, that I felt Met he would call begin to change whutevee style I have and the method cottage, tell the girls what had happened end take Mem of cross-examination. I eppeociate it and I apologize to A Ile was. Dave Mule, he would call Burke Marshall end I else back to the Katurree. Q And did the Senator hear you nay thin/ knew Jack Driecoll, who was o lawyer, was on the other the Cowl. Q Do you know when Mr. Treater learned of the accident, A No queetion shout aide that he would probably talk at the police station THE COURT: This is not crass-examination. There is no A Front my own personal knowledge, to telt you the And as you were shaving down the road away born Dike wills Jack, that Since I mar the only one who knew the crow-examination en Ibis loped. We don't meal con- troth, I don't think I could help you. Mr. Dints. He may Bridge. where did you go? girls that maybe f should go lock to the party because I stant repetition of testimony. have foetal out, and I'm only gunning on this, but he A Well, eny hest recollection is Met we wont in the di- wan prelhebly the best one not to alarm them and to MR_ DINIS: I know we don"' need it, but we have to may have Mond out from the girls, the other girls that rection of the ferry bemuse I know that we eventually keep them maim or that time. have it oceasslonally. did know, because Min Keough and Miss Tannenbaum ended up there. Q Du you know whet time it win IMO you arrived beck at Q Now, did you -remain them the entire morning from found out from the other girls about It. Mr. Treater uwq Q So you arrived at the fury diortly rater leaving Dike the cottage/ 2:15 until 9:09 aim') have found out from the other girls. I don't know. Bridge? A I would guess it would be around 2:11. The only ac- A I did. No, strike thee I did not remelt) there from 2:15 Q You did mat tell Mr. nigher? A I wouldn't my shortly after. I just don't know the curate lime - well. about 2:15. until 9:01) u.111. I left the cottage, to my bent recol- A I did not. Of the accident/ I did not. answer to that question because whether or owl we Q And who was ad the cottage at that time? lection, and wait the May across to Edgertown. My Q Al Kstama Shares? drove Mound or went directly to Dike Bridge, to tell A Well, I win coy everybody hill the Senatet and Mary So best judgment al somewhere in Ma vicinity of B o'clock- A At any time. Well, no, Pm sure I WES not the lint one you Mt truth my memory is a blank. I do remember Kopechne. Q Whole did you go? to tell Mr. Trettee about the Resident_ I don't eccet1 arriving an Dike Bridge and that we did here a conver- Q Now, whoa you saw the Senator jump into the channel A I went to the Short/Iwo Inn. telling Mr. Tretter about 1hr accident, to hell you the sation them lin turtle lea minutes at the ferry slip but there. did you see him teach the other side? Q With whom? truth. At Katama Shores at one point there was a /Moog Min period of lime we were conversing about the A I did nat. A With Charles Trailer, Seek Tannenbaum and Cricket eouvereatino /lout the !accident at which Mr. Treller fact, number one, I said to him Met we had to repeal () Ween't you concerned about his— Keough. was present. the accident_ A No. Q Was Mr. Markham with you? Q What lime was this? The secoud thing 1 suggested to him was dot he had to Q --ability to make it? A Yes. A 11:00,11:30k the morning maybe. call Dave Burke immediately and duit he ought to call A Nun, 1101 at ell. The Senator coin swim that five or he Q What did you do at the Shiretown Inn? Q Did you ever trek lie, Trotter that yet/ tIld not go back Burke Marshall hefom he reported to the police. That limes bolh wore That may seem unusual, Mr. Dinia, A I anvil - I came into the yard end routine Into the yard lo the aeon of the accident that night in question? wan my suggestion. except I have been with the Scioto, 30 yearn swimming I saw the Senator standing an the porch. I went im- A That I did not go back to the scene? Q Who is Dave Burke? and lading and l don't know if you know the break- medintely to the pnreh and upstairs and spoke to the Yot, A His edministrallve assintant. weer off Hyanninport, bat we used to evelm every day Seantor A No, WI. Q And he was where, in Wanhingion, do you know? around Mat, the breakwater, and it Is the °My thing the 0 With Mr. Markham? Q Never? A Well, he lives in Washington and my suggestion was to Senator has done ginax thin back Injury, besides elating. A That is comm. A The night at the cottage I did not tell anybody about call NV. Burke for one particular reason, Mr. Dinh, and The real form of exercise for the Senator wince the back Q And what Moe was thee/ rho accident, but I never told Mr. Tretter Met I did not that is that I had heen present when Mrs. Kennedy, his injury el ewimraing. A My hest recollection it it wan around, l will toy 8:00 lo go to the scene, no, no. I have no recollection of every mother, had received the .11 from the South Pacific Q Notwithstanding the hank injury? 8:30, but I'm not sure of in I would say it wag around telling Mr. Troller nnylhing about the occident except when the president was missing, l know that Mrs. Ken: A No question shout it, 1 assume he had Ida back brace on 8:00 In 8,39. That in my best recollettion 170C11111.0 in the time of the %atom Motor Inn when he was present Ludy had heard on the radio that her son had been shot_ that night_ I cons not concerned about his ahihtly to the roaming when I woke up I whiled to gel over to with the girls. I know that, thirdly, late heard that Bob had been shot make 11 to the other ride. the Martha's Vineyard side of the Wand as quickly on Q Did you assist Senator Kennedy in the preparation of and I suggested to the Semler he call Dave. Burke Q You went back to the cottage sr ChappaquiddIck about could and my best recullection Is it would he around the hetet-nen! that he laft for the poll. department? before he went to the palace station, let the family 2 . 15 and you remained Went Dhow- the accident? Thal Ume. A I did not. know that he Was all right, that Oils had happened, and A That 6- correct. Q Now did you go back to the house at Chimpaquiddick Q You did not? then report it to the police, and I thought he 'Mould oil] Q And what time in the morning did you tell anyone of after that? A Yes, I did. A I didn't know what was in it. I now it, pardon me. 1 did Burke Marshall because Burka Marshall, no far an I the meitlent? () What time was that? MC the Meet of paper that the Senator was working on, know, was the hest lawyer that I know. A I would say to the hut of my recollection, it would be A Well, I would think it was Mooed 9:0111U 9,30. 1 said but I did not mad it. I was in the elation- I think the Q So you made no effort to call the family yourself? porno hly mound 9 o'clock. 9:00. It may have been as late an 9:30. registry man was there, Chief Arena won there, Paul A I did not. I thought he should do It. 1 tlinugh he should Q And who did you tell? Q What time of the day did you leave Martha's Vineymel Markham was there, and .1 Wit there, and I saw the not only In his fautigy know, but I thought that becaure A I told the girls. Island? Stilfement as I CUD looking al Mel piper there, lin/h- of ell of these eireunistences that he ought to let Ms. Q At the cottage? A Around 6:00 pan. that night. I am quite sure I took the eating) but I did not read if end I don't know what was Burke know and let Mr. Burke handle the rest of it for A That Is cancel, and leek Crimmins. 6 o'clock hoot out of Oak Bluffs. In the etatement, I do know now, beraose 1 have read it. him herniae there are I number of people in the family () Tide h 9 o'clock at the Chappiquiddick cottage? 0 Now did the Senator boon with you when you left the Q Did you tell the police that you went to the went? oheloody In varleim pier._ We couldn't call all those A That is correct. Shtretown lee at 8,30 or 9 o'clock? A Never spoke to the police, not about that or anything people et once . Q You told everybody there? A lie did. lse_ Q Now, you then proceeded to the ferry landing on Chap- A Not erorytiody was there. tent I mein eurryhorly that Q And where did you go? MR. DIMS: Na further questions. paouiddick, ia that coerce!? was if the collage, yea. THE COURT, Any lemon why we should keep him A The! Is =trent. We did arrive at the ferry landing, that Who left? A We went to the Chappequiddiek ride of the Wend - not here/ la cermet. A Cricket Keogh and Stair Tannenbaum left. side 04. the Gland, We wee/ to Chaepaquiddich to Duel AIR. DIN'S: No, your Honor, I dun's MC any reason Q What happened when you embed there? THE COURT: Who 1V311 still there? Belle thing dun Lipka like an NITA station with a phone why he should be held hem_ A Well, we continued Ibis converzatida. The conversetion 'lilt! WITNESS. Well, to the best of my reoelleellan, in It. THE COURT: All right, yuu one excused and you can continued about the fact that he should report the roar Honor. it would he lack Crimmins. Ray LaRosa 0 Wan there any particular purpose in crossing over on the go home- aectdent, that he ehould all Dave Burke. I insisted upon unit the five girls. fury at duo ume in the morning? What was the pee' THE WITNESS.. Thank, you, your Honor. that awn, duo he should call Hum Burke end Burke Q And you told them all at that time what had happened/ MR. FERNANDES. Your Honor, can we determine Maishalt This converulion went memod and around. A Yee. A El.: could make a phone call. cohcohoe .ur not Mr. Richards is here? - 36 - - 37 -

Q Would you tell on where you saw him'? him'? saw you where on tell you Would Q Q. Now, dial you love occasion in see the Senator or Mr. Mr. or Senator the see in occasion love you dial Now, Q.

A I wee entering from Water Street, taking taking Street, Water from entering wee I A

Cr This was a Saturday morning? morning? Saturday a was This Cr

A Saturday morning morning Saturday A

Q And the other leg would be the other? la that right? right? that la other? the be would leg other the And Q

Q Your room would be one part of Oro L Oro of part one be would room Your Q

A Yes. sir sir Yes. A A Right. Right. A

A Yes. Yes. A

Q (BY Mr. Fernandes) If your Honor please, they are are they please, Honor your If Fernandes) Mr. (BY Q

Q Do you happen to know or do you know who held the the held who know you do or know to happen you Do Q A Right. Right. A

DIRECT EXAMINATION BY MR FERNANDES: FERNANDES: MR BY EXAMINATION DIRECT

Q And is there in there. could you describe the area area the describe you could there. in there is And Q

Q I direct your attention to the weekend of July 18-19. 18-19. July of weekend the to attention your direct I Q

A Yes. Yes. A Q And specifically wore you staying at the Mayberry Mayberry the at staying you wore specifically And Q

Q Could you tell us where your room was? was? room your where us tell you Could Q

A Senator Kennedy was in one of the the of one in was Kennedy Senator A

A We were in at the Mayberry, l believe it was Room 7 or or 7 Room was it believe l Mayberry, the at in were We A

Q And your occupation, sir? sir? occupation, your And Q

A There is an entrance from Water Street through a short short a through Street Water from entrance an is There A

A Yea, sir, sir, Yea, A A Pliant manner for Narraganmt Wire Company, Paw- Paw- Company, Wire Narraganmt for manner Pliant A

Q And your legal address, Mr. Richards? Richards? Mr. address, legal your And Q

A 19 Bent. B-e-n-t, Road, Rumford, Rhode Island. Island. Rhode Rumford, Road, B-e-n-t, Bent. 19 A

Q Would you please give the Court your lull mine? mine? lull your Court the give please you Would Q

A Ross W. Richards. Richards. W. Ross A

Premal: Premal: Before: Before:

Kennedy at approximately 7:30 on the 14117. 14117. the on 7:30 approximately at Kennedy

cottage at Shiretown and he was walking m a westerly westerly a m walking was he and Shiretown at cottage

THE COURT THE

THE COURT: I didn't hear that Answer. Answer. that hear didn't I COURT: THE

L-shaped, are they not? not? they are L-shaped,

THE WITNESS: Senator Kennedy had registered el the the el registered had Kennedy Senator WITNESS: THE

TIE WITNESS: No, they weren't. weren't. they No, WITNESS: TIE

other room, 6.1 believe, at the Mayberry. Mayberry. the at believe, 6.1 room, other

adjoining rooms on that deck, so-called, specifically wan wan specifically so-called, deck, that on rooms adjoining

it Mr. Kennedy? Kennedy? Mr. it

an outside porch. porch. outside an

alley to the motel and we were on the second floor with with floor second the on were we and motel the to alley

Room 6. 6. Room immediately outside the entrance to your room? room? your to entrance the outside immediately

House, so-called, which is part of the Shiretown Inn? Inn? Shiretown the of part is which so-called, House,

yard? yard?

tucket, Rhode Island. Island. Rhode tucket,

Thomas Teller, Clerk of Courts Courts of Clerk Teller, Thomas

1969. did you have occasion to be on Martha's Vine- Vine- Martha's on be to occasion have you did 1969.

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen

Edmund Doris. District Attorney for the the for Attorney District Doris. Edmund Harold T. McNeil and Sidney R. Lipman, Lipman, R. Sidney and McNeil T. Harold James Cardona, Esq.. for Ross W. Richards. Richards. W. Ross for Esq.. Cardona, James

Peter Gay, Assistant District Attorney, Attorney, District Assistant Gay, Peter

Southern District of Massachusetts, Massachusetts, of District Southern

F,dgarlown District Court Court District F,dgarlown

THE COURT: All right. Mr. Richards. Richards. Mr. right. All COURT: THE

Amoral Fernandes, Assistant District Attorney, Attorney, District Assistant Fernandes, Amoral

Hon. James A. Boyle, Justice of the the of Justice Boyle, A. James Hon.

don't know whether he is here. here. is he whether know don't

he is here, he shouldn't be a long witness. I think we we think I witness. long a be shouldn't he here, is he

MR. FERNANDES: lie came here from Florida and if if and Florida from here came lie FERNANDES: MR.

MR. DIMS: Rom W. Richarda. Richarda. W. Rom DIMS: MR.

can finish with hint hefote the break. Mr. Richards, I I Richards, Mr. break. the hefote hint with finish can

ROSS W. RICHARDS RICHARDS W. ROSS

. Were these adjoining rooms? rooms? adjoining these Were .

ROSS W. RICHARDS RICHARDS W. ROSS

TESTIMONY TESTIMONY

OF OF

Official Court Stenographers. Stenographers. Court Official

Tuesday, January 6, 1970 1970 6, January Tuesday,

Eilitartown, Massachusetts Massachusetts Eilitartown,

for the Commonwealth. Commonwealth. the for

Sworn Sworn

MGM. MGM.

as as

a a

It were? were? It

left into the the into left

- 39 - - 39 -

(,) Were you ever joined or or joined ever you Were (,)

A Mt Markham, Markham, Mt A

0 DUI anyone else come? come? else anyone DUI 0

0 Now, dial anyone elm join or come onto the deck during during deck the onto come or join elm anyone dial Now, 0 A Nu, sir. sir. Nu, A

Q In appearance? appearance? In Q

Q (By Mr. Fernandes) Now, what observations, If If observations, what Now, Fernandes) Mr. (By Q 0 You noticed nothing out of the ordinary in his speech? speech? his in ordinary the of out nothing noticed You 0

A A

A I ditto t notice an yitiong out of the ordirrery. ordirrery. the of out yitiong an notice t ditto I A

A In appearance, no. no. appearance, In A

Q You say followed behind you. Do you mean in your your in mean you Do you. behind followed say You Q A In his speech, no. no. speech, his In A Q Were you joined by anyone during thia conversation? conversation? thia during anyone by joined you Were Q

Q And he, too, shared In this conversation? conversation? this In shared too, he, And Q

A Yea, Mr. Mr. Yea, A

Q (By Mr. Fernandes) Were you Mined by anyone? anyone? by Mined you Were Fernandes) Mr. (By Q

A Stanley Moore followed behind us and he he and us behind followed Moore Stanley A

A Right. Right. A

Q About the races and anything else? else? anything and races the About Q

Q And within this time you had conversation with him? him? with conversation had you time this within And Q

Q Was there any discussion about Chappaquiddick Island? Island? Chappaquiddick about discussion any there Was Q

A There wasn't a word mentioned of Chuppequiddick. Chuppequiddick. of mentioned word a wasn't There A 0 So, would it be safe to say approximately half an hour? hour? an half approximately say to safe be it would So, 0

A Half an hour. hour. an Half A

A And the weather. It was a nice day. day. nice a was It weather. the And A

A It was until 8:00 o'clock. o'clock. 8:00 until was It A Q How bong would you say you were in his company ail ail company his in were you say you would bong How Q

A Yet. Yet. A

Q So, you walked and discussed this [nutter end then you you then end [nutter this discussed and walked you So, Q

A Right. Right. A

0 (By Mr. Fernandes.) Which I harm lie Saturday, yew yew Saturday, lie harm I Which Fernandes.) Mr. (By 0 Q What was the conversation of this time? time? this of conversation the was What Q

0 And did you have any conversation with him? him? with conversation any have you did And 0

A Yes, I did, did, I Yes, A

A Right. Right. A

A It was about the prior race the day before. I happened happened I before. day the race prior the about was It A

Q And what obliervationz did you make ni to his clothing? clothing? his to ni make you did obliervationz what And Q

Q Whete were you piing, back to the Shiretown? Shiretown? the to back piing, you were Whete Q

A He was wearing, I believe, a blue shirt, white slacks and and slacks white shirt, blue a believe, I wearing, was He A

Q And did you have a converstation with him at that that at him with converstation a have you did And Q

A AI that tom we said good morning and he turned and I I and turned he and morning good said we tom that AI A

A Back to the Slittetown, to the room_ We were just going going just were We room_ the to Slittetown, the to Back A

to go to breakfast, no she come out and sat for five or or five for sat and out come she no breakfast, to go to

room. She heard on talking out their and sae were about about were sae and their out talking on heard She room.

My wife came out around 7:50. She mme out of our our of out mme She 7:50. around out came wife My

that morning? morning? that

his appearance, or attitude attitude or appearance, his

that time? time? that

ten minutes. minutes. ten

THE COURT: An throe of you mt on the porch far a a far porch the on mt you of throe An COURT: THE

on the porch? porch? the on you make of the Senator at this time as to any injuries, injuries, any to as time this at Senator the of make you

THE WITNESS: Right, yet, sir. sir. yet, Right, WITNESS: THE THE. COURT: Well, you Said something about sat down down sat about something Said you Well, COURT: THE.

lime? lime?

THE WITNESS: We at on the porch. porch. the on at We WITNESS: THE

THE COURT: I didn't hear. hear. didn't I COURT: THE

walk up to the Shiretown Ion? Ion? Shiretown the to up walk

the porch with us. us. with porch the

rooms and you also discussed this? this? discussed also you and rooms

told? told?

minutes. minutes.

Honor. Honor.

MR. FERNANDES: 7:30, July 19, Approximately 7:30, 7:30, Approximately 19, July 7:30, FERNANDES: MR.

discussed that bads and forth for maybe ten or fifteen fifteen or ten maybe for forth and bads that discussed

THE WITNESS: Yes, sir. sir. Yes, WITNESS: THE THE COURT: Excuse me, could I just have this time time this have just I could me, Excuse COURT: THE

THE COURT: Is that correct? correct? that Is COURT: THE to win the race said Ire congratulated me on It and we we and It on me congratulated Ire said race the win to

and date again? again? date and

July 19. 19. July went up to the porch or deck which is adjoirung both both adjoirung is which deck or porch the to up went

white loafers. loafers. white

what was he wearing at that time? time? that at wearing he was what

probably probably

kept walking, nodded and said goad morning, and he he and morning, goad said and nodded walking, kept

direction. direction.

turned and walked with me. me. with walked and turned

to our room. This is a matter of twenty-five yards, yards, twenty-five of matter a is This room. our to

time? time?

direction towards me and I was walking in an easterly easterly an in walking was I and me towards direction

Mr. Cancan, Cancan, Mr.

see see

I remember the bell at 9:00 9:00 at bell the remember I

Mr. Markham car Mt. (lawn (lawn Mt. car Markham Mr.

was was

sitting can can sitting

any, any,

did did

Q They did not not did They Q

Q Did you see them leive? leive? them see you Did Q

A No, I didn't. didn't. I No, A

Q They did not? not? did They Q

A They did not. not. did They A

A They hadn't, hadn't, They A

Q What happened when they came up on the deck? deck? the on up came they when happened What Q

A No, No, A

A Yes, sir. sir. Yes, A

Q (By Mr. Fernandes) So, you would Inane it that they they that it Inane would you So, Fernandes) Mr. (By Q

Q (By Mr, Fernandes) Whether of not you made any any made you not of Whether Fernandes) Mr, (By Q

A They went directly to the Senator's room and opened opened and room Senator's the to directly went They A

Q Well, Well, Q

Q And do you recall telling hint that they were both both were they that hint telling recall you do And Q

Q You don't remember? remember? don't You Q

A Yes M. M. Yes A

A I don't remember. remember. don't I A

Q Well, let me refresh refresh me let Well, Q 0 And could you please describe to the Court what oh- oh- what Court the to describe please you could And 0 Q And when when And Q

A I did not my that, I am ewe, ewe, am I that, my not did I A

A Yea, Mr. Mr. Yea, A

Q And then you my Mr. Markham and Mi. Crum came came Crum Mi. and Markham Mr. my you then And Q

A 0, they were ruffled looking. I would say they looked looked they say would I looking. ruffled were they 0, A

A Well. just what I raid, that they appeared that they they that appeared they that raid, I what just Well. A

Q May I stop you? you? stop I May Q

A Later. Later. A Q You said the Senator discussed the possibility of Mining Mining of possibility the discussed Senator the said You Q

A Yes. Yes. A

Kennedy sometime in the afternoon or evening of Set- Set- of evening or afternoon the in sometime Kennedy

immaterial immaterial

ert D. Watt Watt D. ert

(A brief recess was then taken.) taken.) then was recess brief (A ludas

District Attorney as to proposed teatimony of Dr. Rob- Rob- Dr. of teatimony proposed to as Attorney District

The Court rejected It bemuse he considered it to Ire Ire to it considered he bemuse It rejected Court The THE COURT: An offer of proof was made by the the by made was proof of offer An COURT: THE

THE COURT: You may leave the inland Now, why why Now, inland the leave may You COURT: THE

MR. FERNANDES: Yes. your Honor. Honor. your Yes. FERNANDES: MR. a teems now until 11:15 and if you want to discuss Dr. Dr. discuss to want you if and 11:15 until now teems a

Wait, have en offer of proof at (het time. time. (het at proof of offer en have Wait,

THE COURT, It them any mason for keeping him here? here? him keeping for mason any them It COURT, THE

don't we, instead of starting with souther witness, take take witness, souther with starting of instead we, don't

MR. DINES: Excused. Excused. DINES: MR.

MR. FERNANDES: Na further questions. questions. further Na FERNANDES: MR.

see them confer') confer') them see

THE. WITNESS: They wont directly to the Senator's Senator's the to directly wont They WITNESS: THE.

observations of the Senator - well, strike that - did you you did - that strike well, - Senator the of observations

room and he turned and went with them. them. with went and turned he and room

THE COURT: No, I'm not going to allow it. it. allow to going not I'm No, COURT: THE

it for impeachment; only ter refresh leis recollection. recollection. leis refresh ter only impeachment; for it

THE COURT: I didn't hear. hear. didn't I COURT: THE

THE COURT: I am not going to allow impeachment. impeachment. allow to going not am I COURT: THE

the door and he followed them into the room. room. the into them followed he and door the

THE COURT: Just a minute, I am not going to allow allow to going not am I minute, a Just COURT: THE

MR. FERNANDES: If your Honor Ouse, I don't offer offer don't I Ouse, Honor your If FERNANDES: MR.

ly before the 8:00 o'clock bell rang — — rang bell o'clock 8:00 the before ly

were damp? damp? were MR. FERNANDES: l am just refreshing his recollection. recollection. his refreshing just am l FERNANDES: MR.

waking wet? Dud you um those words with Lieutenant Lieutenant with words those um you Dud wet? waking

Dunn? Dunn?

something. something.

on the deck? deck? the on office? office?

might have been wet from the night s dew or fog or or fog or dew s night the from wet been have might

sere:Miens you made of these two gentlemen al dos dos al gentlemen two these of made you sere:Miens

you have a conversation with a Lieutenant Dunn in our our in Dunn Lieutenant a with conversation a have you

damp. Their hair hadn't been combed in some time. time. some in combed been hadn't hair Their damp.

o'clock, it rang and we asked the Senator if he would would he if Senator the asked we and rang it o'clock,

time? time?

Markham and Mr. Careen — — Careen Mr. and Markham

you at breakfast later? later? breakfast at you

like to hove breakfast with to and he said, no, he he no, said, he and to with breakfast hove to like

wouldn't, but he may join us later, and at that time Mr. Mr. time that at and later, us join may he but wouldn't,

I I

. July 19, 1969. 1969. 19, July .

let let

didn't. didn't.

me are if this refreshes your recollection. Short- Short- recollection. your refreshes this if are me

and not pertinent. pertinent. not and

you you

as as

grunter grunter

to a medical examination of Edward M. M. Edward of examination medical a to

say damp, what do you mean? mean? you do what damp, say

prior to entering the room? room? the entering to prior

your your

recollection. Mr. Richards. Did Did Richards. Mr. recollection.

- 39 - - 39 -

Q 1969, I'm lorry. lorry. I'm 1969, Q

Q To refresh your recollection, September 2 of this year, year, this of 2 September recollection, your refresh To Q

Q Could you tell us when? when? us tell you Could Q

A Thai is right, Or Or right, is Thai A A II was aliortly so so aliortly was II A

A Yes, air air Yes, A

Q (By Mr. Ferreted.) Dr. McHugh, you examined those those examined you McHugh, Dr. Ferreted.) Mr. (By Q

A Yes, I attended Boston College Law School, graduated graduated School, Law College Boston attended I Yes, A Q (By Mr. Fernenticx,) I also understand you attended attended you understand also I Fernenticx,) Mr. (By Q

A Yes, sir. sir. Yes, A

Q (By Mr. Fernandes.) Now, nodal Now, Fernandes.) Mr. (By Q

Q (By Mr. Fernandes.) Fernandes.) Mr. (By Q

A (Witness examines items) Yes, I did, sir. sir. did, I Yes, items) examines (Witness A

Q And you are a member of the Slate and Federal Bar? Bar? Federal and Slate the of member a are you And Q

A That is right. right. is That A Q And how long have you been with tied department? department? tied with been you have long how And Q

A I graduated from Tufts College. My degree was Bachelor Bachelor was degree My College. Tufts from graduated I A

0 What is your occupation? occupation? your is What 0

Q If you prefer, you ran sit down, Mr. McHugh; artd if if artd McHugh; Mr. down, sit ran you prefer, you If Q

0 For For 0

DIRECT EXAMINATION BY MR. FERNANDES: FERNANDES: MR. BY EXAMINATION DIRECT

A A

Q And whom do you Live, Mr. Mellogh? Mellogh? Mr. Live, you do whom And Q

A 20 Brigham Rood, B-t-i-g-h-a.m Road, Waltham, Mas' Mas' Waltham, Road, B-t-i-g-h-a.m Rood, Brigham 20 A

Present. Present.

A State Police Chemist, Supervisor of Laboratories of of Laboratories of Supervisor Chemist, Police State A A John J. McHugh, 61-c H-u-s.h. H-u-s.h. 61-c McHugh, J. John A

Relate: Relate:

does that refresh your recollectism? recollectism? your refresh that does

and passed the Bar in 1932. 1932. in Bar the passed and

(Dismasion off thr record.) record.) thr off (Dismasion

THE WITNESS: In chentiatry. chentiatry. In WITNESS: THE

MR. FERNANDES: Off the record. record. the Off FERNANDES: MR.

TIIE COURT: In what field? field? what In COURT: TIIE

Massachusetts Institute of Technology. Technology. of Institute Massachusetts

Boston College Law School? School? Law College Boston

of Science of Chemical Engineering in 1941 and grad- grad- and 1941 in Engineering Chemical of Science of previously? previously? THE COURT: All right. right. All COURT: THE

uate work at New York Univernly, Boston University, University, Boston Univernly, York New at work uate THE COURT: I think you had bettet. Tha tee trans- trans- tee Tha bettet. had you think I COURT: THE

ground? ground?

your Honor please. does your Honor wish the witness to to witness the wish Honor your does please. Honor your

you moonier them. them. moonier you cript of record. record. of cript THE COURT: All reht. reht. All COURT: THE be qualified? qualified? be

Twenty-four years. years. Twenty-four

to certain items the Clerk will show show will Clerk the items certain to

your qualifications any more; specifically with reference reference with specifically more; any qualifications your

Department Department

SOCIIUSelts. SOCIIUSelts.

full name? name? full

Thomas Teller. Clerk of Courts Courts of Clerk Teller. Thomas

Harold T. McNeil stud Sidney R. Lipman, Lipman, R. Sidney stud McNeil T. Harold

Peter Gay, Assistant District Attorney, Attorney, District Assistant Gay, Peter

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen

Edmund Dints, District Attorney for the the for Attorney District Dints, Edmund

Southern District of Massachusetts, Massachusetts, of District Southern

Edgartown District Court Court District Edgartown

Hon. lenses A. Boyle, Justice of the the of Justice Boyle, A. lenses Hon.

Armand Fernandes, Assistant Assistant Fernandes, Armand

the record, record, the

of Public Safety. Safety. Public of

JOHN J. MeHUGH, MeHUGH, J. JOHN

would you please give the the give please you would

JOHN J. McIIUGH McIIUGH J. JOHN

What iv iv What

IIMONY IIMONY

OF OF

Official Cowl Stenographers Cowl Official

District District

Tileaday, January 6, 1970 1970 6, January Tileaday,

Edgarlown, Massachusetts Massachusetts Edgarlown,

your educational hack. hack. educational your

Sworn Sworn

for the Commonwealth. Commonwealth. the for

, without going into into going without ,

you, I isle isle I you,

Attorney, Attorney,

Court your your Court

you that that you

the the

. . Q What tests did you perform on these clothing'

Q Would you instruct the Court as to what is this hen- A These were a series of tests. First of all I was not

Q Could you tell us, and if you would examine the shirt A A test that initiates the presence of blood on the

A Yes, air.

Q Would you point to those meal now?

A TKO would be

Q All right. Did you examine any other items?

A If I might, confirmatory testa were repeatedly attempted

Q Did you perform tests on other ports of the clothing ur

Q Could you tell us what tests and what Omits?

Q Could you Identify them for the record? A Yes.

Q A AU right. one pair of dark blue decks.

A The tests were malformed. All items of clothing were

Q What findings did you make with reference to the teats

A I performed the 1

A That in my opinion there was based on the benxidlne Q Did you find

Q All tight. Now, Mt. McHugh. did you also perform a A Yes, air. If I might explain, there were tests run for

Q And could you tell the Court what testa you performed

A Yes, the sample is engloaed in lime tInilicaling.) Them

A Yrs.

received, no Mr. Topjian had run a series of preliminary

and point to those areas so the Cowl is informed where present in the laboratory when the clothing first was

on the shirt? material. This test had shown positive over certain areas benodine texts on this material_

eicline

of the submitted white shirt.

where

see.

something of shut kind. THE COURT: I think for the record you ought to state

THE WITNESS: If I might, I have it noted here. Let'.

presence of reddish brawn and brown washed-out amino principally on Ole back and left sleeve surfaces. Most of arm under visible and ultiaviolet light disclosed the

thew steins gore positive benxidine reaction Indicating the presence of residual traces of blood. here gave positive benxidine tests. (Indiatine.) To eon-

(Indicating.) Unusually strong besialdim lead were ob-

sleeve of the submitted shirt reacted positive, right sleeve in partindar reacted positive to the henxidine trot.

thole, the back of both sleeves and the back of the right THE COURT: You mean to put it in • group?

tained on the outside rem collar areas of this thin. 'That

would he along this seen right in here. (indicating.) It Is the back of these two sleeves extending down hare.

Tilt? WITNESS: That is right; either to put it in e was not minable to further define it outside of o posi-

human category or a group and neither one was proaible

under these conditions.

to show as to the specific origin of this blood. but it

any other elothing of the Remo in hut bag? tive benaidine test.

checked by myself in the laboratory. items, what tests did you perform?

THE COURT: You don't need to show them to me. THE WITNESS: All right. One white shirt which

informed the Court of One light blue bra and one pair (By Mn. Fetnendes) Now, with reference to these other

on the submitted clothing were negntive.

on the deck blue dual. Teel foe aimed stains was negative.

you performed on all the clothing?

present on the mar collar and the back area and the backs of both indium chloride on there to determine the presence of

test, there was probably blood at one time originally blood teat or blood that were received? salt water in them and they were positive on all item, of clothing and the shoes also.

urate and meanie basis.

on the blood sample received by you? I might - the ethyl alcohol, carbon monoxide, barbit-

were a series of four tests run on this blood. Let's see If

f sandals.

Yes, Or. To continue, on gross eaamiruition of [Ida

teat?

it is, such as the bock of the neck or the inside or

did.

any

the beck

sleeves

teas

sall?

with reference to certain item. of

of the white shirt. All of the tests

the shirt, this whole area In

have

40 -

•

Q And what do each of Noise tests do? What Is their Is

Q What does that mean?

t:T 0.09, which metier? A That is what that - Pickets rail In, Sen. Edo. Kennedy'[

A It means the level of ethyl alcohol In the blond was

REAUI

•

0.09 per cent.

0.09 pot cent. The carbon monoxide content was Jess

amounts of cannon monoxide, but generally specking

negative, hut, however, it is very bard to determine low The berbiturate haring affected the person's driving

he considered negative. one on the amount of alcohol? any wry affected by carbon monoxide of lignifiant THE WITNESS Oh, to find if a person but been in any Now, material. Thom tests were negative. THE COURT: lust mariner affected by significant amounts of allinn mon- anything below 5 per cent would he considered negative. THE WITNESS: Yes, dr. quantities. find oul if the person has been or the Illorzel has been in THE COURT: In the blood, and that was? THE THE WITNESS: .09 per rent, that is right. than carbon monoxide was law than 5 per cent which would THE COURT' And other tests were negative? sleeping pills. l Wise tied if there was any possibility at million monoxide function? determining the earbon monoxide in the blood? THE COURT: I might ask, whet is the purpose of All right, hit blood atenhol level was determined to be this specific oxide. The purpose of the carbon monoxide level is to ted. laid would he unipbetaminm and that type of

-t

or have anything to do with the cause of death. In

again -

WITNESS:. That is right. Generally "caking

per cent. That means generally speaking it was

"ANN'S PORT

It u

Su 1 E11

use

was negative.

re organic basis, there were non detec-

detmtnoned in automobile accidents to

it?

less than 5 per cent means relatively

" 7crIv'r .

minute. The positive tests were the

Anything along the line of

PRES

ability

SNE

The

.h.tE:

itatneniter

r''

Q Thy Mr. Eernenda) Now, Dr. Melluy,h -

Q (By Mr. Fernandes) Dr. McHugh, with reference to the

A That fa right.

Q (By Mr. Fernandes) If he is able to toll just by that

A The first problem cents lap on that level in banging it

Q lily Mr. Fernandes) You performed no other tests, Doc-

percentages to mean anything material.

speaking it is negative. It would have to be Mendicant

THE COURT: Is that for instance, what one would get

and sat in the car and tens tube up into the car, is that

THE WITNESS: That is right, sir,

THE COURT: How is arkon monoxide related to death usually, unless the person has physical waincia. TTIE WITNESS: A death related

by drowning in an automobile? carbon monoxide? from a desire to commit suicide and turn on give you the level. Their would be 70 to 80 per cent

automobile, we always rue carbon monoxide to make

sure the person has been all right 'Mot to the death in

THE COURT: "them It

THE WITNESS: Nu, sir, there is not. itself?

the water.

level of percentage of alcohol that you hare informed

scientific certainty to what extent can you translate that the Court of 0.09 -

THE COURT: Of course - into drink, how many drinks is that? THE COURT: — there is much more to it than Met. It

MR. FERNANDES. If hr knows.

means ewer how tong a period of Done.

finding, that is all I tab. If he mina, I suppose he can

over to the question of drink is the weight

involved_ Now, mourning the party is 110 pounds or tbeicabouts,

ty - I don't know if you would snow this - but

let one put that another way. II could result from that

period of two hours prior to death.

or it could result into higher 'mounts of liquor over a

to 90 proof tigers( within one hour print to death. Now, would be consistent with about 3.75 to five ounce..

THE COURT: As x matter of fact, am I true in i

THE WITNESS: That is rMhi, sir.

alcohol diminishes to the blood with tame?

THE COURT: And • lot depends on how frequently

THE WITNESS: That it right, sir THE COURT: Taking a teat tech on this will give you

no idea if you didn't know haw crotch over how long a

you are replenishing it?

drink?

THE COURT: Whether they took sin ounce. within 30 period of lime a person had been drinking. That is, It

minutes or took

(Discussion off ihe record.)

always this duniniAlting return? THE WITNESS: Fametly. would give you no ides of how much they nail to

THE

Honor has some. Mr Tophan performed no lash differ- MR FERNANDES:

No-

ent than you did? tor?

TIIE WITNESS No, that is right, THE LYJURT: Would Mr. ToMidi simply confirm what

he Nod? THE COURT. I don't think there is any point in adding

MR. FERNANDES. He would confirm.

MR. FERNANDES: No, I'm satisfied that your Honor

(Martian:in off the record} bus x fair evaluation of the chemical Mom Involved

and the blond content.

to it.

THE COURT: Off the record. MR. FERNANDES: No further questions. TIIE COURT: All light. MR. FERNANDES: Mr. Topjian and you may helve. THE COURT: You are excused.

have you an opinion ce can you my with ressonehle

SO.

wiTNEss'

That Is right, sir.

this particular case, ssauming the par-

quart one twelve

further queoinne, unless you

relatinn to drowning as ouch

and

if you wish, I can

drowning

hours, there is

the motors

the person

ta;

- 41 -

Before: Present:

Q DIKEELEXAMINAIMILILYISLif

Q And legal eddies., Mr. Markham?

Q Where do you tree?

A Pout F. Markham, Mmer-k-ha-m. Q And your occupation, or? A You moan my law office?

A 58 Orient Avenue, Melrose, Massachusetts.

Q Now, directing your attention to July 18 and 19 than

A I um an attorney-at-law. Q Would you tell

A Yes, air, t did.

Q And what was the purpose of your visit?

Q With whom did you anim, did you ray Thttnalay?

A I arrived there the Thursday, the 1701. I believe at was Q With whom dill you arrive? A I was invited to perticipate in the laces that were to

A Yea. Q And did you A With Mr. Joseph Gorgon and a young boy by the name Q Could you fell no where?

A Yea. sir we did.

A The Shiretown. THE WITNESS: On the blood temple, did you whh II

MR. FERNANDES: Does your Honor went the blood 'THE COORS: We don't need that as an exhibit_ sample? felt hem?

TIW WITNESS: We could keep it up at our chemical laboratory on all.

THE COURT: The testimony is enough.

MR. FERNANDES: No.

MR. FERNANDES: And the clothing. your Honor?

clothing for identification.

MR. FERNANDES: Right, keep die clothing end AIM are not going to Imre any other clothing to put in

THE COURT: Well, I don't have any other clothing. We

evidence. that the Ciente mark it for identification as a group and

we nib THE COURT: Put it in the plastic bag. The Clerk, Mr. Tam, will hold onto 11 until you are ready to have it

MR, FERNANDES: No.

MR. FERNANDES: I believe identified. Are we reedy foe MI Markham now?

lion. lames A. Boyle, Justice of the

Edge

Edmund Dims, Diatrict Attorney for the

Southern District of Mawachtmetts,

Stephen Moulton, Esq. b. Winn F. Looney, Jr., Peter flay, Assistant District Attorney,

Esq.. for Paul E. Markham

Thomas Teller, Clerk of Courts

Armand Fernandes. Assistant Omelet Atturney,

Helen S. Tyra, Temporary Court Officer Harold T. McNeil and Sidney R. Lipmen,

Mr. Markham, mould

Court your full name?

Vineyard/

weekend, did you have occasion to be on Martha's

take place that weekend.

broom Wianno.

of Howie. We had sailed over in the race that morning

can

Mown District Court

COURT: No, because we now have to keep the

Identify it hoer.

PAUL E. MARKHAM, Sworn

cheek into

PAUL F. MARKHAM

the

TESTIMONY

Court what thy you arrived?

you

any hotel us motel?

please for

Official Court Stenographers.

II_

Erigautown Maemehusetts

art, your Honor.

for the Commonwealth.

'Nearby. January 1970

NDES

she record glue the

•••'

Q And did you have a room there? Now, you my you returned to the island approximately A Thu is right. I WAS talking to various people. I don't recall hint A I did that evening. yes. 4130-5 o'clock? Q And how about Mr. Crimmins? leaning al any meanie lime. 0 All right- And did you have occaelon to sometime go Returned to Edgartown, yea. A Yes. lack was going to stay with mac. Q Did you see Miss Kopechne through out the pally 111 oh over to Chapoonuiddick? 'Co lidgartown or from trigartown? Q Was there anyone the who had plane, en far as you .1111C. tirne daring that period? A V., sir. No. In the afternoon we went for a swim and came know, of malting over that night? A Yes. 0 Could you tell us when wan the rum time you went to back and waited for the nuns to end, I remember Mr. A No. Q And do you recall what, If anything, she had to drink? Cherpariehldiek Isiend? Troller and I Went oat to the Yacht Club because they Q Were you aware of the feet that the ferry did not A No. A The evening, that lbursday evening sometime around were coming in there. We were trying to locate the operate MI night? O DO you know if she hod anything to drink? 8:GO, 8.00 o'clock sometime in the eecning. l'at not Senator's boat. We did see his boat and we now that A Well, I was aware Met it operated up until 12 o'clock A No, l don't. I don't know If she had a drink or if she tore of the extort time they were being phased In one of Ore little dinghies to I and I remember when Mr. Careen end myself went over did not. 0 And where did you go on the island? place where Mr. Ruse Richards had hie boat moored. We there originally. that is, that evening, there was some 13 With reference to any observations you mode of either A To a cottage on the island. want over there. Mr. Richards had won the race and dietusMon about Can we get it after 12 o'clock, and I Mr. Kennedy or Mier Kopechne while they were at the Q Is this the so-calked Lawrence collage where a party was people were standing there cougretufating hint, and an don't know what the extent of that conversation was, party, particularly with reference to drinking — did you hoer held or a gathering war held, a cookout? forth, and stayed there for 15 runlet.. or An, Q Now, you my that while you were there Mr. Grogan had make any? A Y., eh. Were there any people drinking at that time? left the collage about 7:30 or oil A No. no obeervetions. Q And et that time was anyone there? I think people were drinking several vans of beer. I A Right. You formed no opinion? A Yes, at [hal lime them was. recall that bemoan they had run mit of beer and Mr. Q Did other peorde arrive during that night? A No. 0 Who? Richards apologized to me for not having a berm. A Not until 8:30 or quarter of 5:00. Q Were you present when there wee a discussion about Mr. A Them was myself, Cat-gait, Mr. Crimmins, Mr. 1 take it after that rune you had occasion to go 10 Q Could you tell the Court who arrived al lllat time? Kennedy louring to return to Edgarrown? LaRosa, Mr. Tretter, and there were four young ladies Chappaussiddick, is that what you mid? A Mr. Garvin.. Mr. TrCliel, Mt. Crimmins, No, Mr. A No. who either were there at that lime or arrived ahorily No. From this point f went up to the Shiretown with Crimmins was already them_ Mr_ LaRosa, end them were Q Dad he discussed with you at any time what time he thereafter_ Mr. Grogan and the Senatof and Joe, Mr. Grogan, lull eIx young women thee came at this time also. planned on reiurniug to lideertown? Q Do you recall which young girls? check the Senator lino the roam where I wee. I checked Q Do yon know how they got them? A No. A Them were lour girls? A Mint Father Newburgh. a Mine out and Joe told me that 1 Ural going to stay Over al the A Yes. Q Had emit= discussed what time they planned on re- Tannenbaum, a Miss Kopechne, and a Mi. Keough. Island at that time, because the Senator was going to use Q Could you tell um how? turning to Fdgastown? Q Now, I take it Thal you returned to Edgarlawn some- the room that I had been in the previous night. A Mr. Gargen wart to meet then, en the Chappnoulddick A Not whir me, became I war going to stay there that time liter On that day? What time did you arrive at Cheppequiddiek'1 side of the ferry. We had one ear there end another one, night and, you know, I just didn't, 1 wasn't concerned A Thal everting. l know courtly it was 7:30 beeraese them was smite rather than paying the tolls for till can back and Forth, • about the ferry, i know there wet some discussion about Q That evening? comment about, "You ere on time." Joe, !lull is, Mr. Gary,an, war, to meet them an the island pelting the ferry hack. What Si was or who participated A Yes, Mr. And how did you get there? side at 7:30, end he went and they were there. in it 1 mealy don't know. And that on Friday, which le the I gel, did you have I went over with Mr. Gagan. Q They arrived with Mr. Gormin and Mr. LaRosa? Q Did there come a lime when you were aware that Mr. occasion to return to Chappaquiddick at any time? In whose car, that white Valiant? A Everybody who was there came at thin time. Kennedy was no longer it the party? A Yea, air. nut really sure which cat We Went there with. 0 What did the activity coexist of after they arrived? A Nut that Ire was rio longer et the party. I recall seeing Q Could you tell no when? Wae anyone rinse present? A Well, there was joking about the Senator's poor per- him at some later lime. A I went to she Chappaquiddick bland eometline in the Senator Kennedy and Mr_ Crimmins wen at the cottage formance, in the race [ha[ eflemoon, ae I recall. There Q Are you talking before Or after the accident? intoning of the 15th. My purpose in going there at that when Me. Gateau and I arrived. as some discussion alum, you Icnow, whet kept every- A Well, it was lifter the accident. Lime Was to get sonic galls. I Wes no; going to rale yi3ide.,y,orri slay at that cottage Don! that lime on? body, we had been waiting an hour or so, and just an Q All right_ Well, there mime a time when you didn't ace myself that day, but I went over and picked up sortie exchange of greetings. and I remember distinctly mine him around the cotter or in the arra? sells sod brought than back to the hotel where we were Did other people arrive when you war there? joking about the race, that he had a poor day. A Well, I wasu'l looking for him. I wee unconcerned. slaying Yea, sir, and I might my that Mt. Gowen left within a Q Was there any Ninon or drinking going on? 0 What was time activity going on until you saw him again? Q Can you tell us what your setivilice were that after. very chart period of time offer we arrived at 7:30, A Y.S., A Wall, we were still trying to cook some strike. noon'? Could you tell Its, if Yoe know, who had made the Q Did yera Wive occasion to me Mr. Kennedy mold of hit Q When you arty we were cooking Meeks, mold you tell en A That afternoon I saw the mart of the pace. 1 naked lo a arrangements far that party, es heat you know? time or a good deal of this time? wLao a pecif Captain Flatus from whom we hod secured a boat so I really don't know. A Yea. A Mr_ Carmen primarily was cooking steaks out in the that the young ladies could see the race, put them un a When you arrived, what yam the activity going on? Q And how long a thin did thin petty activity go? front yard of where the collage wax. I went rut there boat. I took them over to the pier. I went with Mr. When I arrived I Mink Mr. Crimmins was in the bath- A Well, as I my, the 011ief people joined us sometime couple of times and I had at least one and 1 may have Trotter at that time up to the platform on the loans pier room or taking a shower or was Jilting down and the between 8:30 and quarter of 9:00. I am not sure bad evert two steaks. or wharf or whatever it wax, saw the Mart of the rare, SenatOr was there and we had a long general convene- Approximately that lime. Mr. Cement surfed to Belo the 1.3 Well, did there come a time when you saw Mr. Kennedy and It was a very hot sultry day, as I recall, and then I Lion. charcoal to broil some Menke that we had there_ I recall main? went to the ChappaquIddick island and went for a swim. Wan there anything to eat or drink there it Ihat Hine? that the Senator asked the girls If they would Iike a A. Yes_ Q What Mlle did you go for that swim on Chappequid- At that time, yea. drink_ I believe he made, you know, served them the Q Can you tea us whet lime tint was, approximately? dick? What was them? first drink That they had when they got in there. end A LI was sometime shortly after S2 o'clock. A l wail say it was sometime at or about the time of the There wur some nim and coke and some either gin or there woe • meat deal of difficulty in getting the char- Q How du you know the lime? race, something rifler 3 o'clock in the afternoon. Vodka, and turn. I recall I had a Vodka and tonic at coal lighted, We found out that you could only cook A f don't know it;juat my beat estimate as to the limo Q Did this swim take you down over Dike Bridge and Dike the [tine. about three Mediu at one time. There Were also reline Q Could It have been l o'clock? Road? Was there any Scotch? baked potatoes that had to he pal In the oven and some A No, la wouldn't have been 1 o'clock. A Yue. l don't know whether them was, I don't drink Scotch. little hoe trouvree, nod pen* were doing tide. Q Could it have been 11 o'clock? Q Were you with °them at the time/ Did you pour your own drink? Q Now, do you know how long Mr. Kennedy stayed at Ihr A No, because there was some discussion about the ferry A Mr. Trettet. Yes. party? and gelling than by 12- Q Did there come a time when yeti left Chappaoulddick Do you recall whether or net Mr, Kennedy had anything A No, I don't, because I don't expressly recall hint leaving. Q Do you recall when that diecussion about the ferry look Island twin? to deinka It Was a vary warm night anti tieople were claming in Agee? A Yes Yea. from the outside where the steaks were being cooked A Shortly before I law the Senator again, Q When did you return for what I would call the 11.11. Could you tell the Court what? and Inside and I ban no reoolleetion of him actually Q Do you recall who wan talking about it? time? A rum end rake at Ibis pole[. leaving the party. A No. A Sometime around 5 o'clock, 4,30 or 5 o'clock. He had a rum and coke at this point/ 0 Did you we him drinking more then one drink at any Q Do you recall where it took pharee7 Q tip until (hat time were you in Mr. Kennedy's company Yes time? A In the cottage. at all? Haw did you know he did? A I really don't know how much he had to drink. h know Q In the collage and not outaide by the grill? A No, I hadn't (went in ht. company. I had seen him arrive . Review he mid to -lack Crinimine, "Who tun been drink- that he had the firel drink with me doting thie hour or A No, in the tentage there was just mew general discus- I was et the — there a little hamburger stand 04 a little hag all the runs, there u hardly any rum left." en before everybody arrived_ I observed him with a glees sloe. As to who said it or when they said fl or how they roadside Mend tight before you come to the ferry Mr_ CrInmon, wee in the shower when this was going in his hand at some point In the period of the evening, said it, 1 can't explain. landing. I wee having • cheeseburger and a frappe or on? but I don't know bow much he had to drink. 0 Will you describe the eircomrterion under which you raw w reathing end I tenoned the Senator came by in a cps He was back and forth. When we firer arrived. Jerk, Q Do you know how much drink wee amiable at tint Mr. Kennedy again? with Mi. Crimmins who had picked hint up and he wee think, Was chin= in the bedroom dimming or in the time/ A I wee inside the cottage. Mr. LaRosa cense In and maid. going to bring him over for a swim. I just exchanged Anon,. and he came out it some point in the evening A No, it never tmeurreel to me how much won available. "Teta, the Sermoaer wane to Lee you." greetings, and that was my only contact with hint that and during this humediate point in time them was some There wee a Mlle perlition repenting the kitchen from Q Can you stop there Inn n eecond? Mr. LaRosa came end 'Demme. kidding back and Furth of, -Gee, you didn't boor too the living room end there were bottle, on top of had inked fee you? All right. By the way, had you hewn In Chappequiddick map rem. you didn't gel any Man far MC."' Q When do yo recall war the teal time you saw Ms A Ile didn't ask for Me. He was at the LIDO,. [IC mid. "The Island Imbue this particuler weekend? Now, you had planned In slay woe Mitre nUtlage Cher Kennedy in ire oat nge err in the cottage are*? Serialm wanls in toe sou. A No. night? A I redly have no recollection at to the excel lime l was Q Who else wee present et Gast rime? imam that lie wan them. There were aevend people there. A 1 don't know.

—41—

Q On the way down to this bridge? bridge? this to down way the On Q

A I didn't we anybody on the road road the on anybody we didn't I A

Q Who you left behind at the party, who was there? there? was who party, the at behind left you Who Q

Q When you left the party would you tell US who was was who US tell you would party the left you When Q

• •

A Who Who A

A lack Crimmtne was there. Mr. LaRou was there. Several Several there. was LaRou Mr. there. was Crimmtne lack A

A I would say it was shortly after l? o'clock. The e.el e.el The o'clock. l? after shortly was it say would I A

Q All right. Do I take it that you went down and look a a look and down went you that it take I Do right. All Q

A No. No. A A We arrived at the Midge and I WSW, could ate off to the the to off ate could WSW, I and Midge the at arrived We A

Q What did you do when you ironed? ironed? you when do you did What Q

0 Did Mn Kennedy say or instruct him which route to to route which him instruct or say Kennedy Mn Did 0

A Correct. Correct. A

Q Q

A No. No. A

0 Did anyone direct hint to It? It? to hint direct anyone Did 0

A lie went down to the Dike Bridge. Bridge. Dike the to down went lie A

Q And where did he go? go? he did where And Q

Q Did he tell you where to go? go? to where you tell he Did Q

A No No A

A Mr. Careen. Careen. Mr. A

Q Q

Q Who drove? drove? Who Q

A "There has been an accident accident an been has "There A

A No. No. A

Q That That Q

A No. No. A

0 Do pun recall looking at the Senator? Senator? the at looking recall pun Do 0

A lie said, "There has been an accident. Mary Jo was with with was Jo Mary accident. an been has "There said, lie A

A I don't recall_ recall_ don't I A Q And what did he wry? wry? he did what And Q

Q Q

A Yes. I got in the can and put my arm on the hack of the the of hack the on arm my put and can the in got I Yes. A

Q Q Q Q

Q What did you do upon hearing this? this? hearing upon do you did What Q

A It was the whitc.colnred Valiant. Valiant. whitc.colnred the was It A

A Yrs. sir sir Yrs. A

Q Was he sitting or lying? lying? or sitting he Was Q Q C/o you know what what know you C/o Q

Q Them were others present when Mr. LaRosa came in in came LaRosa Mr. when present others were Them Q

A I opened the door on the passenger's side in the front front the in side passenger's the on door the opened I A

A Yea, them were. were. them Yea, A

Q Do you know if there there if know you Do Q

A He was sitting. 1 opened the door. door. the opened 1 sitting. was He A A I really couldn't say. say. couldn't really I A

Q Where to? to? Where Q

Q Do you know if the activity was concentrated more more concentrated was activity the if know you Do Q

A A

A I wend out the front front the out wend I A

A I went our our went I A

didn't paw anyone on the rood? rood? the on anyone paw didn't

Aa far or you know everybody war at the party You You party the at war everybody know you or far Aa

of the gob were thorn. As far es I know everybody won won everybody know I es far As thorn. were gob the of

Them. Them.

time I don't know. know. don't I time

opinion, you were at this scene, Mr. Markham? Markham? Mr. scene, this at were you opinion,

behind' behind'

and I remember saying, "Holy Cod." Cod." "Holy saying, remember I and

the car. car. the

clothes off and went into the the into went and off clothes right of the bridge and outline of meter, and I said - up up - said I and meter, of outline and bridge the of right

the direction of the no. 1 got out of the ear_ I took my my took I ear_ the of out got 1 no. the of direction the

tunnel it around to that the lieedlights were sinning in in sinning were lieedlights the that to around it tunnel

Mr. Gergan continued to drive the can across the bridge, bridge, the across can the drive to continued Gergan Mr. Approximately what time do you say, if you have an an have you if say, you do time what Approximately

right at Dyke Road and continued on to the bridge? bridge? the to on continued and Road Dyke at right

to this Dine I didn't know whet the accident really was was really accident the whet know didn't I Dine this to

take? take?

Did anyone tell Mr. Ciarean where to go? go? to where Ciarean Mr. tell anyone Did

win with me." me." with win has been an accident, Mary Jo was with me?" me?" with was Jo Mary accident, an been has

you want?" want?" you seat in Obi manner (indicating), and I said, "What do do "What said, I and (indicating), manner Obi in seat

me down nt the bridge," and let's go. go. let's and bridge," the nt down me

Did he say what bridge? bridge? what say he Did

and said that the Senator wished to see you? you? see to wished Senator the that said and

When When

N0,1 don't. don't. N0,1

Do you know what year cat it it cat year what know you Do

over to the car. Mr. GarEAU was Seated In the front seat seat front the In Seated was GarEAU Mr. car. the to over

Seat. Seat.

Seal. Seal. HIM " and he was pointing to the car, car, the to pointing was he and " HIM

Indite the cottage than outside? outside? than cottage the Indite

in the dtives'a side, and the Senator was in the back back the in was Senator the and side, dtives'a the in

Which door? door? Which

was was

you opened the door did the tight go on inside? inside? on go tight the did door the opened you

n n

the only thing that Mr. Kennedy said, 'There 'There said, Kennedy Mr. that thing only the

behind? behind?

cat? cat?

were were

door door

other people present? present? people other

water water

011 011

and he said, "He is over over is "He said, he and

was? was?

the bridge and Mary Jo Jo Mary and bridge the

and tried to get Into Into get to tried and

a a

car. I went went I car.

- 44 - - 44 -

Q Q A A

A A

0 0

A A

Q Q

A A

0 0

Q Q A A

A A

Q Q A A

0 0

A A

A A A A

0 0

0 0 A A

A A

Q Q

O A A

A A

0 0

A A

A A 0 0

A A

held.? held.?

That is correct_ correct_ is That

Thal day, yes. yes. day, Thal

this time? time? this

And you had been to to been had you And

No. As we got to the bridge I could see it. We knew this this knew We it. see could I bridge the to got we As No.

But as you node down the road you could see the the see could you road the down node you as But

weekend? weekend?

got down there. there. down got

accident? accident?

Yea, I could me the bridge as we approached It after we we after It approached we as bridge the me could I Yea,

you approached it? it? approached you

Do you recall whether or not you can see the bridge as as bridge the see can you not or whether recall you Do

regular lights? lights? regular You had not been to Cheppequiddick poor so this this so poor Cheppequiddick to been not had You

going fast. I don't know what the rate of speed was. was. speed of rate the what know don't I fast. going

Do you recall If the high beams were On or lust the the lust or On were beams high the If recall you Do

speed speed

dirt road and I'm afraid I couldn't estimate what the the what estimate couldn't I afraid I'm and road dirt

No, I wouldn't, because it was • snail road. It was • • was It road. snail • was it because wouldn't, I No,

No,1 don't. don't. No,1

Would you cam to estimate? estimate? to cam you Would

The exact speed I don't know. It seemed that we were were we that seemed It know. don't I speed exact The

He He

Road Road

How fast would you say you were travelleg dawn Dyke Dyke dawn travelleg were you say you would fast How

has been in an accident at the bridge. bridge. the at accident an in been has

a wrong turn on Dyke Road? Road? Dyke on turn wrong a

Did he say that he made an attempt to find Mary Jo? Jo? Mary find to attempt an made he that say he Did

Well, at that lime between the cottage and the bridge bridge the and cottage the between lime that at Well,

No. No.

at some later point that he was. was. he that point later some at

Between the college and the bridge? bridge? the and college the Between

At what point in Ibis? Ibis? in point what At

where this accident scene was, did he say that he made made he that say he did was, scene accident this where

comeriation about any body? body? any about comeriation

high rate of speed. speed. of rate high

there. We went there at a rather high rate of speed, very very speed, of rate high rather a at there went We there.

see him. II II him. see

That is a fair representation of it, The car, of course, course, of car, The it, of representation fair a is That

So when you opened the door if there was a light you you light a was there if door the opened you when So

didn't notice? notice? didn't the Senator said that he he that said Senator the

I don't recall hien saying it at that polio, but he told us us told he but polio, that at it saying hien recall don't I

I don't think there was anything said from the time that that time the from said anything was there think don't I

Did Mr. Kennedy ay he was driving at the time of the the of time the at driving was he ay Kennedy Mr. Did

Did you talk to him on the way down? There was no no was There down? way the on him to talk you Did chalk. Is that a lair representation of the bridge and the the and bridge the of representation lair a that Is chalk.

that point. point. that

I ask you to turn around and look at that diagram end end diagram that at look and around turn to you ask I

Was he wet? wet? he Was

Ile war seated in the hock seat and I didn't see him et et him see didn't I and seat hock the in seated war Ile was tipped upside down. down. upside tipped was

position of the ear in the water? water? the in ear the of position Yes, it is: I think it wee at a little hit More More hit little a at wee it think I is: it Yes,

It was on ill roof? roof? ill on was It I couldn't determine whether he was or not I couldn't couldn't I not or was he whether determine couldn't I

No. No.

"There's been an accident." accident." an been "There's remember? remember?

to you, whet observations did you make of him? him? of make you did observations whet you, to

Just that he seemed upset upset seemed he that Just

And Mr. Cargan was simiholy attired, ite you best best you ite attired, simiholy was Cargan Mr. And Yes, sir. sir. Yes,

loafers I think they were. were. they think I loafers

sport shirt, shirt, sport what was the matter and he made these tines watements watements tines these made he and matter the was what

was seated in the bock of the car and you asked him him asked you and car the of bock the in seated was When you were back at the cottage when Mr. Kennedy Kennedy Mr. when cottage the at back were you When

I don't know what he was wearing. wearing. was he what know don't I

That is right. right. is That

What were you wearing that day? day? that wearing you were What

Before you got In the water could you tell llot the ear ear the llot tell you could water the In got you Before

was on its roof? roof? its on was

When I got in the water the in got I When scene? scene?

what you could do? do? could you what

You You

And was this evident when you examined it at the the at it examined you when evident this was And

I didn't examine it, no. no. it, examine didn't I I had on a shirt, a sport shut, a pull-over typo jersey jersey typo pull-over a shut, sport a shirt, a on had I

didn't say anything that I an recall other than he he than other recall an I that anything say didn't

Just wont wont Just

was. was.

to the bridge? bridge? the to

was very dark. dark. very was

a a

pals of tight slacks and shoes and socks, socks, and shoes and slacks tight of pals

immediately in the water and tried to do do to tried and water the in immediately

that bridge men men bridge that

. .

was was

in in

at at

an an

this point. He said, said, He point. this

•en,ident until we got got we until •en,ident

os twice during during twice os

of of

an Angle, Angle, an

, road ,

A Na, tin tin Na, A

Q Either lIghte on houses? houses? on lIghte Either Q

Q What conversation was gouts on on this dirt road as you you as road dirt this on on gouts was conversation What Q

Q Before telling on about the conversation on the dirt dirt the on conversation the about on telling Before Q

A The dirt road. We came up the dirt lewd. lewd. dirt the up came We road. dirt The A

Q Which road? road? Which Q

Q All righL When the suggestion about assistance, getting getting assistance, about suggestion the When righL All Q

A I did not, no, sir. sir. no, not, did I A

A I don't know. We were out driving beck to the main main the to beck driving out were We know. don't I A

A Al this time we were hack M the car and Me. Grogan Grogan Me. and car the M hack were we time this Al A

Q So I understand it, you and kir Gargan suggested that that suggested Gargan kir and you it, understand I So Q

A Joe and myself. myself. and Joe A A We got out of the water and got back up to the bridge bridge the to up back got and water the of out got We A

Q Q

Q All right. By the way, were you dressed in the water? water? the in dressed you were way, the By right. All Q

A No, I had taken my clothes off with the exception of of exception the with off clothes my taken had I No, A

Q Q

Q For the the For Q A That is correct. Report the accident accident the Report correct. is That A

A Yes. Yes. A

0 Do you recall whet Mr. Kennedy was doing while you you while doing was Kennedy Mr. whet recall you Do 0

A We couldn't do it it do couldn't We A

Q Q

ta Did you finally decide, and did Mr. Carton concur, that that concur, Carton Mr. did and decide, finally you Did ta

A No. The only thing I remember about that wit the the wit that about remember I thing only The No. A

A It would have been the end away from the bridge in the the in bridge the from away end the been have would It A

Q How long would you say you and Mr. Garvin Garvin Mr. and you say you would long How Q

A We wore singularly unsuccessful in trying to get in the the in get to trying in unsuccessful singularly wore We A

Q And obviously you were nut sum:es/Juin sum:es/Juin nut were you obviously And Q

A I will say 40 to 4S minutes. minutes. 4S to 40 say will I A

don't know how it happened." happened." it how know don't

down crying He raid. "This couldn't have happened. I I happened. have couldn't "This raid. He crying down

sobbing and almost almost and sobbing

road. The Senator again became Very emotional. lie WAS WAS lie emotional. Very became again Senator The road.

Were dining? By the way, where were yap suing to? to? suing yap were where way, the By dining? Were

had to get help and we had to report that. that. report to had we and help get to had

any way we could gel in the car and we said we we said we and car the in gel could we way any

again to see d he could get Miss Kopechne or try to to try or Kopechne Miss get could he d see to again Om someone said, "Let's get to a telephone. tot's get get tot's telephone. a to get "Let's said, someone Om was back driving the car. We came back down down back came We car. the driving back was

got out out got you get help and report it? it? report and help get you the police"? police"? the and get its to me if we could help, and there wail wail there and help, could we if me to its get and

said the only thing be could think of was to crone back back crone to was of think could be thing only the said

Couldn't. We asked him I think at this point how did it it did how point this at think I him asked We Couldn't.

help, was that followed through in any way in the sense sense the in way any in through followed that was help, happen and he at this point was very epees, very emo- very epees, very was point this at he and happen for sure that I was going to die" He said he somehow somehow he said He die" to going was I that sure for described the feeling that he had. He aid, "I thought thought "I aid, He had. he that feeling the described

open the door or do something. He said he couldn't. lie lie couldn't. he said He something. do or door the open

It he was on the bridge and the car went Ones. lie lie Ones. went car the and bridge the on was he It

direction that the current WAS pulling_ I remember Joe Joe remember I pulling_ WAS current the that direction

He mid he was coming dawn the rood. Before he knew knew he Before rood. the dawn coming was he mid He Who said that? that? said Who

left the cat and went alto him and I said, "You know, know, "You said, I and him alto went and cat the left

Would you tell as any conversation that took place place took that conversation any as tell you Would

nothing we could do. The girl cons apparently gene. We We gene. apparently cons girl The do. could we nothing pants on and my shot. The Senator naked on was there there was on naked Senator The shot. my and on pants

period of time and at one point he went by me and I I and me by went he point one at and time of period

I said, "It happened; how did it happen?" happen?" it did how happened; "It said, I

down several times to get in. I couldn't do it. At one one At it. do couldn't I in. get to times several down

tional. He laid, "1 jug can't believe this heepened " " heepened this believe can't jug "1 laid, He tional.

conversation with Mr. Kennedy It that time? time? that It Kennedy Mr. with conversation

That wan one of the reasons I didn't sail that day. I was was I day. that sail didn't I reasons the of one wan That

the eTi0111 were fruitless? fruitless? were eTi0111 the and I was shim to get my legs partially in. I tried to dive dive to tried I in. partially legs my get to shim was I and

hording lids lids hording Now, you came out of the water. Did you have a a have you Did water. the of out came you Now,

my underwear and my watch. watch. my and underwear my where the car was. I took my underwear off and put my my put and off underwear my took I was. car the where

would grab turn in the cannot. We tried to do shit for a a for shit do to tried We cannot. the in turn grab would

between the three of you at the scene of this occident? occident? this of scene the at you of three the between current was eery, very strong. I could fed some opening opening some fed could I strong. very eery, was current

leg again. I had hurt my leg coming over the day before. before. day the over coming leg my hurt had I again. leg

point Mr. Gowan war trying to do it I had banged ins banged had I it do to trying war Gowan Mr. point would attempt to get into the car and as he came up I I up came he as and car the into get to attempt would

was where the accident was and we were looking for the the for looking were we and was accident the where was

we can't, we just can't get into that car." car." that into get can't just we can't, we

the water trying to gel Into the car? car? the Into gel to trying water the

were making your effort to retrieve her body? body? her retrieve to effort your making were

bridge. bridge.

, ,

did you notice any lights or any houses? houses? any or lights any notice you did

of of

the car. Ile tried to go back into the water water the into back go to tried Ile car. the

d d

in cavity of Inc of cavity in

00 tlw 1.01110 1.01110 tlw 00

t t

ear. ear.

7477

of actually bitinknm bitinknm actually of

/11

r,rrt r,rrt

the mad_ mad_ the

were were

In In

, ,

45 - - 45

A I think it Win to the - just to the right of where the the where of right the to just - the to Win it think I A

Q Can you tell us Mime he went into the waiter. where' where' waiter. the into went he Mime us tell you Can Q

Q What happened when you arrived at the ferry emit? emit? ferry the at arrived you when happened What Q

A I wasn't, no. no. wasn't, I A

Q You were not? not? were You Q

Q No one mentioned the fact that the ferry could he he could ferry the that fact the mentioned one No Q

A Again we got there end the Senator aid, "Okay, take take "Okay, aid, Senator the end there got we Again A

Q Were you aware that there was • telephone on the the on telephone • was there that aware you Were Q

Q Were you aware that the ferry could be summonsed by by summonsed be could ferry the that aware you Were Q

A No, I was not. not. was I No, A

Q Are you will on the dui road? road? dui the on will you Are Q

A After this be uid, "Okay, take Inc hack to the ferry," ferry," the to hack Inc take "Okay, uid, be this After A

A I don't know if I was aware aware was I if know don't I A

A Mn. ("mown and the Scioto, Scioto, the and ("mown Mn. A

A No. No. A

Q Who discussed this? this? discussed Who Q Q Did you know where you were going? Did anyone Bey, Bey, anyone Did going? were you where know you Did Q

A A

the side of the !dyke Ilridge hefnec planging over. over. planging hefnec Ilridge !dyke the of side the

.4 wide-angle view driver would nee an he approached approached he an nee would driver view wide-angle .4

about. In this leery tree? tree? leery this In about.

out of the the of out

am going to go bums," and with that, I don't know know don't I that, with and bums," go to going am

whether we were out of of out were we whether

We went over there He aid, "1 will take will "1 aid, He there over went We

We We

people go beck., don't alarm them hack at the cottage, I I cottage, the at hack them alarm don't beck., go people

summonsed? summonsed? Gorgon and Senator Kennedy, about calling a Mr Burke Burke Mr a calling about Kennedy, Senator and Gorgon

Chapplumehlick ride of the lefty lefty the of ride Chapplumehlick

me in Edgattown and Frei me to the ferry.' ferry.' the to me Frei and Edgattown in me

He said, "Whet ant I going to do, what can I do?" do?" I can what do, to going I ant "Whet said, He

"There is nothing you can do," and there was some some was there and do," can you nothing is "There

'Tube me to the ferry'? ferry'? the to me 'Tube

Marahall and also letting the family know. know. family the letting also and Marahall I wid, "Well. it did happen and it h. happened." happened." h. it and happen did it "Well. wid, I

and we gol beck to the ferry landing By this time there there time this By landing ferry the to beck gol we and suggestion between Joe and the Senator, that in, in, that Senator, the and Joe between suggestion

were no ferries. ferries. no were

using the telephone? telephone? the using

macadein road at this time. time. this at road macadein

were - I think we were probehly on the feted-topped feted-topped the on probehly were we think I - were

.73rT577,717F77PrirFE7,r77.7'Rrr7 .73rT577,717F77PrirFE7,r77.7'Rrr7

car car

or went from the ear and awem sperm, sperm, awem and ear the from went or

the car car the

of of

it or not. not. or it

or or

where where

In the ear, ear, the In

you were? were? you

, ,

care of it, you you it, of care

but he got got he but Mr. Mr.

Q You my you went to the ferry a second lime. Now, you you Now, lime. second a ferry the to went you my You Q

() Al any time dial Mr. Crentan, if you know. make an an make know. you if Crentan, Mr. dial time any Al ()

Q At the ferry area at any lime did Mr. Gomm nuke err err nuke Gomm Mr. did lime any at area ferry the At Q

0 (By Mr. Fernand.) Mr. Markham, I think we were at at were we think I Markham, Mr. Fernand.) Mr. (By 0

Q In time. Mr. Markluni, npproximately how long did It It did long how npproximately Markluni, Mr. time. In Q Q Did lie have all his clothing on, Ins shoes and clothing? clothing? and shoes Ins on, clothing his all have lie Did Q

Q You were not. All right. What did you do after you had had you after do you did What right. All not. were You Q

Q Q Q Could you tell If he had continued on where he would would he where on continued had he If tell you Could Q

Q And you traveled hack And rota, Would 2,00 o'clock o'clock 2,00 Would rota, And hack traveled you And Q

Q Tennis shoes or anything of that nature? nature? that of anything or shoes Tennis Q

Q Directly amass? amass? Directly Q

Q Do you know wlmt time you got back there? there? back got you time wlmt know you Do Q Q For how long? long? how For Q

Q The twin lime? lime? twin The Q

Q What What Q

Q Were you concerned with the fact of whether or not he he not or whether of fact the with concerned you Were Q

Q Could you tell an who was present when you arrived arrived you when present was who an tell you Could Q A No, I wasn't. wasn't. I No, A

A I don't recall where the other ferry landing was. I don't don't I was. landing ferry other the where recall don't I A

A Well, as far as we could see. Probably halfway across. across. halfway Probably see. could we as far as Well, A

A Them wm present when we gut hack them, kir. Loll". Loll". kir. them, hack gut we when present wm Them A Q Where approximately, the ferry landing? landing? ferry the approximately, Where Q A Yes, air. air. Yes, A Q Did you watch horn swim? swim? horn watch you Did Q

Q You left to return to the cottage? cottage? the to return to left You Q

A I don't recall that he did, no. no. did, he that recall don't I A

A Yes. Yes. A

A Yes, ad. ad. Yes, A

A Yes. Yes. A

A A A Yet. Yet. A

Q And he commenced to swim across? across? swim to commenced he And Q

A Approximately three or four minutes or m. m. or minutes four or three Approximately A

A Yen, sir. Not directly. We drove back to the cottage. We We cottage. the to back drove We directly. Not sir. Yen, A

A Me, Cameo and I got buck into the car. We started to go go to started We car. the into buck got I and Cameo Me, A

A On the other side. side. other the On A

A Yes Yes A A A

A A

A Yes. Yes. A A No, I don't. don't. I No, A

A A

A When we were hack at the ferry? ferry? the at hack were we When A

(Luncheon (Luncheon

returning to the cottage. cottage. the to returning

lunch. lunch.

and keep there there keep and

I I lost sight of him halfway across? across? halfway him of sight lost

end we thought we better do us he suggested, go back back go suggested, he us do better we thought we end

road and I am quite sure ho went right at that point, point, that at right went ho sure quite am I and road attempt to go into the water? water? the into go to attempt and pants on. on. pants and

returned to the cottage? cottage? the to returned

should be with hint, or one of us should lac will, him no no him will, lac should us of one or hint, with be should exact time time exact

I I mately? mately? know if I could oven me it at that point. point. that at it me oven could I if know

be a safe approximation? approximation? safe a be

Crimmins who was oldl up. There were two of the the of two were There up. oldl was who Crimmins

swiw swiw

hod some discussion about maybe one of us °I we we °I us of one maybe about discussion some hod

attempt to go into the water after that? that? after water the into go to attempt

circled around, came back to the landing. I said, 'I can't can't 'I said, I landing. the to back came around, circled

conic out of the water? water? the of out conic

back at the cottage/ cottage/ the at back

young women Mere, Mies Tannenbaum and Miss New- New- Miss and Tannenbaum Mies Mere, women young

THE COURT: This would be a good time to stop for for stop to time good a be would This COURT: THE

the ferry lending for the the for lending ferry the know the girls. Thin was was Thin girls. the know

Approximately I I '30/ '30/ I I Approximately bock to the collage. collage. the to bock

I I

I I the cottage when we mid we better do that. So we we So that. do better we mid we when cottage the

ferry is. We pulled down at the right-hand side of the the of side right-hand the at down pulled We is. ferry

who I think was or bed in one of the bedroom., Mt. Mt. bedroom., the of one in bed or was think I who

we turned around. I think d was just before before just was d think I around. turned we

would alive safely on the other side? side? other the on safely alive would

take you in °bemiring him the valeta valeta the him °bemiring in you take

really don't know. know. don't really

would say sometime about 20 pan, half prod 1:00. 1:00. prod half pan, 20 about sometime say would

don't know whether he had shoes on. Ile had his shirt shirt his had Ile on. shoes had he whether know don't

would my it is a raft approximation. I don't know the the know don't I approximation. raft a is it my would

think you said you thought you were were you thought you said you think

Orion..

time time

as I sty. Well, Well, sty. I as

Recess.) Recess.)

were you on this Landing area, approxi- approxi- area, Landing this on you were

my leg Is throbbing," at this point. I didn't didn't I point. this at throbbing," Is leg my

AFTERNOON SESSION SESSION AFTERNOON

2:00 p.m p.m 2:00

- -

second second

file file

that time I bad met them them met bad I time that

time and now you are are you now and time

at at

we we

the landing landing the

came to to came

- 46 - - 46 -

Q What did you do? do? you did What Q

Q Everyone wax sort of settling down for the night, to that that to night, the for down settling of sort wax Everyone Q

0 Safe to ray there was no activity when you got hack? hack? got you when activity no was there ray to Safe 0

A I went over, sat down on the edge of the couch, couch, the of edge the on down sat over, went I A 0 Well when you were at the amen you put your clothing clothing your put you amen the at were you when Well 0

A Thal Is probably probably Is Thal A

Q Would you describe the activity at the party at this this at party the at activity the describe you Would Q

A Everybody, as I my, the two Lyons sisters - - sisters Lyons two the my, I as Everybody, A A I em em I A

A No, I don't recoil any activity. activity. any recoil don't I No, A

Q Was that Mated at the cottage, your best recollection? recollection? best your cottage, the at Mated that Was Q

() Do you know to whom? whom? to know you Do ()

() Lou me ask you; you mid when Mr. LaRosa earne out out earne LaRosa Mr. when mid you you; ask me Lou ()

Q Wan your appearance any different now than It had been been had It than now different any appearance your Wan Q

() () Q Did they inquire of anyone, Mr Gargan? Gargan? Mr anyone, of inquire they Did Q

A There was some talk that Mr. Garcon had - with whom whom with - had Garcon Mr. that talk some was There A

() Would you my It was dry by the time you reached the the reached you time the by dry was It my you Would ()

Q In any event, no ime made mention of how you you how of mention made ime no event, any In Q

A I don't have any memory of Anybody norm to one how how one to norm Anybody of memory any have don't I A

A Not of me, no. no. me, of Not A

A I would soy It wan dry by the time I reached the the reached I time the by dry wan It soy would I A

A That is right, yea, air. air. yea, right, is That A

A No, I don't. don't. I No, A

Q All right. So, you did hove - - hove did you So, right. All Q

A Yes. Yes. A

A My best recollection, yes. yes. recollection, best My A A The conversation was that sire said something to me me to something said sire that was conversation The A

A Comet. Comet. A Q Youurc nut aware aware nut Youurc Q

Q Did you have a towel; did you dry oft? oft? dry you did towel; a have you Did Q

A The only conversation that that conversation only The A

Q All right. Now, whether or not you had conversation conversation had you not or whether Now, right. All Q

A A

A lie sorry, the two Lyons Osten mete In the other other the In mete Osten Lyons two the sorry, lie A

hour or forty-five morncs put my leg up an the couch, couch, the an up leg my put morncs forty-five or hour

chair and want back out another lime for a low, low, a for lime another out back want and chair

got up, walked outside, came back in, mt down In a a In down mt in, back came outside, walked up, got

slumped down on the much there there much the on down slumped

something when I went hock and she then got up and and up got then she and hock went I when something

stomped hack. The young lady, It was tithes Min - I I - Min tithes was It lady, young The hack. stomped

think It was Him Newburgh. I ammtently hurt her leg or or leg her hurt ammtently I Newburgh. Him was It think

a fair statement? statement? fair a

mini was up and said that he he that said and up was mini

have any conversation with them. 'They had, as far as as far as had, 'They them. with conversation any have

other bed. hit bed In the other hesdroom, and -- -- and hesdroom, other the In bed hit bed. other

could determine, retired to the other room. Mr. Crinl• Crinl• Mr. room. other the to retired determine, could

across,. across,.

1 looked. looked. 1

time? time?

Did anyone inquire of you as to what the Senator Senator the what to as you of inquire anyone Did

back on, I trust? trust? I on, back

hoppened. hoppened.

edge of the couch. The two girls were, I think, one was was one think, I were, girls two The couch. the of edge

and mentioned that Mr. Kennedy wished to speak with with speak to wished Kennedy Mr. that mentioned and

mid, I'm sorry, Ile died end exhausted, and and exhausted, end died Ile sorry, I'm mid,

prior to your leaving, your dress, for example? example? for dress, your leaving, your to prior

appeared or were attired at that time? time? that at attired were or appeared

lire couch. I at down on the cod of it and kind of of kind and it of cod the on down at I couch. lire he had it, I don't know - that we had taken the Senator Senator the taken had we that - know don't I it, had he

and Miss Kopeckne wore in the alit or in the house? house? the in or alit the in wore Kopeckne Miss and laying down on the couch, the otherone was seated on on seated was otherone the couch, the on down laying

know who? who? know

convertation with you? you? with convertation

something about you are not going to believe what what believe to going not are you about something

cot toga toga cot bedroom. bedroom. slumped track (indicating) like that, and 1 momently momently 1 and that, like (indicating) track slumped into the home; home; the into

very good mood at this pOint, I nindit add. add. nindit I pOint, this at mood good very

Nu. Nu.

obout watch out where you are laying on my legs end I I end legs my on laying are you where out watch obout

college? college?

wanted? wanted?

went went

track to dm ferry and and ferry dm to track people who Mended the party apart from Mr. Kennedy Kennedy Mr. from apart party the Mended who people

So, you put your clothing upon your bady and it was was it and bady your upon clothing your put you So,

you, them were other people present, but you don't don't you but present, people other were them you,

burgh. That if my but memory as to who was there there was who to as memory but my if That burgh.

wet? wet?

with any of these people al hoot time or did they have a a have they did or time hoot al people these of any with when we got buck. buck. got we when

sure sure

across across

my hair was probably summits' disheveled. disheveled. summits' probably was hair my

one one

I I

a a

of the the of

was very tired and I sal down on the the on down sal I and tired very was

fair statement. statement. fair

no no

I I

girls' legs and they were not in a a in not were they and legs girls'

think we told him dot he sworn sworn he dot him told we think

to whether or not the other other the not or whether to

I I

had at that point. I came came I point. that at had

was was

for u u for

going to Amp in the the in Amp to going

period of a half half a of period

I I

- -i ,, ,, -i -

didn't didn't

I I

said said

I I

s-se- s-se-

. ••••- .

Tatigetgriesete-seerve-

Q They went to Fdganown re any event? event? any re Fdganown to went They Q

(I All right. Where In the Shim-town did you go? go? you did Shim-town the In Where right. All (I

Q The girls also; everyone went to the Shit the to went everyone also; girls The Q

Q Where did you go? go? you did Where Q

0 What lime approximately? approximately? lime What 0

Q (By Mr. Fernandes) Nut what the Senator wanted you for? for? you wanted Senator the what Nut Fernandes) Mr. (By Q

A A A To the Shiretown. Shiretown. the To A

A Sometime 8:311 or so, so, or 8:311 Sometime A

0 Now, you stayed in the ear, you slept In the car until until car the In slept you ear, the in stayed you Now, 0 Q When? When? Q

Q Sometime in the rimming you left with whom/ whom/ with left you rimming the in Sometime Q

A The nest morning. morning. nest The A

Q Did there come a time when anyone left? left? anyone when time a come there Did Q

A With Mr. Gerson and Mr. littler and Miss Keough and and Keough Miss and littler Mr. and Gerson Mr. With A

Q Now, whet time did you leave, epproximarely 13,317? 13,317? epproximarely leave, you did time whet Now, Q Q Did you you Did Q

A I really don't know if the girls want to the Shirt:town. I I Shirt:town. the to want girls the if know don't really I A

A Yes. Yes. A

Q Had anyone left the antage by that time? time? that by antage the left anyone Had Q A A

A 140. 140. A

A That's right_ right_ That's A

Q Anal then what did you do? do? you did what then Anal Q Q Q

Q illy Mr. Fernandes) Did anyone my to you, well, what what well, you, to my anyone Did Fernandes) Mr. illy Q

A At about the time that we lame into the collage. collage. the into lame we that time the about At A

A I came back in the house. Them were some people - I I - people some were Them house. the in back came I A

A Say 4:00 or 4:30, 4:30, or 4:00 Say A A No. No. A

THE COURT: All right. right. All COURT: THE

THE WITNESS: No, I said I mini limed, extenuate). You You extenuate). limed, mini I said I No, WITNESS: THE

remember coming over -- -- over coming remember

I I

TIIE COURT: Did you inform anybody at the cottage cottage the at anybody inform you Did COURT: TIIE

night - - night THE WITNESS: Yes, you Ire, your Honor. Honor. your Ire, you Yes, WITNESS: THE

Was Was

THE COURT: Am I incorrect? incorrect? I Am COURT: THE

actually had happened? happened? had actually have no memory of just what the relative positions of of positions relative the what just of memory no have

TIIE WITNESS: No. No. WITNESS: TIIE

THE WITNESS; No, your Honor. Honor. your No, WITNESS; THE it was. I was in fact walking in and out of the house. I I house. the of out and in walking fact in was I was. it I I

THE COURT: Pardon me, I don't like Interrupting, but but Interrupting, like don't I me, Pardon COURT: THE

if I I if

lied happened. happened. lied THE COURT: — that you had informed them of what what of them informed had you that — COURT: THE everybody was. was. everybody

I I

TIIE WITNESS: Yes, your Honor. Honor. your Yes, WITNESS: TIIE

THE COURT: And you said no motel motel no said you And COURT: THE

think Miss Tannenbaum. Tannenbaum. Miss think

there was was there thing about when you went back to the cottage that that cottage the to back went you when about thing across; that all took place st the same time? time? same the st place took all that across; 'rim 'rim

TIIE COURT: Did I hear you my Met? Met? my you hear I Did COURT: TIIE

don't know whether - there was Mr. Crimmins and Ms Ms and Crimmins Mr. was there - whether know don't

won't believe what happened or what we are doing or or doing are we what or happened what believe won't

there. I went up the back slain to the porch which mu mu which porch the to slain back the up went I there. THE THE

that night and prior to your leaving in the morning what what morning the in leaving your to prior and night that

THE WITNESS: No more. She got up and left at that that at left and up got She more. No WITNESS: THE

down, you said_ What time wan that opproximately? opproximately? that wan time What said_ you down,

LaRosa were in the other bedroom. I don't recall where where recall don't I bedroom. other the in were LaRosa

some way, 11141 you then mid you won't believe what what believe won't you mid then you 11141 way, some know whether I heard right or not, but I understood understood I but not, or right heard I whether know

happened? happened?

have been more to it than that. You were making the the making were You that. than it to more been have

point and there was nobody to talk to at that point. point. that at to talk to nobody was there and point

beginning of a statement weren't you? You won't he- he- won't You you? weren't statement a of beginning

Mg back against the girl's kg and she remonstrated in in remonstrated she and kg girl's the against back Mg

you you

TIIE COURT: Then you were slopped. Well there must must there Well slopped. were you Then COURT: TIIE

do you morn? morn? you do

words to that effect. effect. that to words

dere what happened_ You didn't just slop there. there. slop just didn't You happened_ what dere car. It was dawn by tido time and 1 1 and time tido by dawn was It car.

previously when you talked about the incident of lean- lean- of incident the about talked you when previously THE THE

period, an hour or so, and sat in the from seal of the the of seal from the in sat and so, or hour an period,

would think about 8:30.1 really don't know. know. don't really 8:30.1 about think would

will forget them. I thouslat previously you mid some- some- mid you previously thouslat I them. forget will

went in along the side up into the back courtyard courtyard back the into up side the along in went

, ,

.. ..

don't ask these thing. When When thing. these ask don't

this about the mom time Mr. Gorgon had said that that said had Gorgon Mr. time mom the about this

are taking the Senator to the ferry when ho ho when ferry the to Senator the taking are

WITNESS: Yes, sir. sir. Yes, WITNESS:

WITNESS: Yes, sir sir Yes, WITNESS:

COURT: tel me join stop there a minute. don't don't minute. a there stop join me tel COURT:

stay stay

5001CUIC else With Us, 0.e of the the of 0.e Us, With else 5001CUIC

- -

-.7-

grrateeesae'rers

I I

am thinking of them, them, of thinking am

CUM CUM

roman? roman?

Trorerssregwas

hock in. in. hock

oast girls: I I girls: oast

SWIM SWIM

- 47 - - 47 -

A Right. The Senator mimed to know where he could could he where know to mimed Senator The Right. A

Q All right. Now, after the mmversetton between Mr. Cal- Mr. between mmversetton the after Now, right. All Q

Q Where he he Where Q

A Ile add he was going back to Ibigarlown_ He and he he and He Ibigarlown_ to back going was he add Ile A

Q Let me ask you, did the Senator my where he was was he where my Senator the did you, ask me Let Q

A Well, we were - whet do you mean where he was going? going? was he where mean you do whet - were we Well, A

Q Well, what did you do after this conversation? conversation? this after do you did what Well, Q

A Then he end Mr. Grogan talked about, well, you have have you well, about, talked Grogan Mr. end he Then A

Q Did onyone ask? ask? onyone Did Q

A No. No. A

Q Did he say how fast he was traveling? traveling? was he fast how say he Did Q

() Did he my what part of hit body struck anything/ anything/ struck body hit of part what my he Did ()

A Na, Na, A Q lie mid he could feel it up over? over? up it feel could he mid lie Q

A Yes. Yes. A

CI What did he say? Did he my how the car rolled over or or over rolled car the how my he Did say? he did What CI

A lie mid he just went off the bridge. You could feel it it feel could You bridge. the off went just he mid lie A

A fie sold he mniembers trying to gm out one side and and side one out gm to trying mniembers he sold fie A

Q Sc, what was done next? That was the end of the the of end the was That next? done was what Sc, Q

A I think he desenbed the accident main. main. accident the desenbed he think I A

Q Did he say why? why? say he Did Q

A We rutted him why. it wee, I just couldn't believe that that believe couldn't just I wee, it why. him rutted We A

Q What was Mr. Kennedy's appearance Am this lime? lime? this Am appearance Kennedy's Mr. was What Q

- ,--.,-- -

A The three of as went in end closed the door and mid, mid, and door the closed end in went as of three The A

Q All right. Apparently you went to the room eventmilly? eventmilly? room the to went you Apparently right. All Q

A DtrecIty after Mr. Gorgon came beck with the key. key. the with beck came Gorgon Mr. after DtrecIty A

Q And did you have a conversotIon at that time? time? that at conversotIon a have you did And Q

A At Unit point no. I went directly to the door of the the of door the to directly went I no. point Unit At A

Q Mr. Moore, was It, Mr. Moore? Moore? Mr. It, was Moore, Mr. Q

A I can't describe his appearance. the was seated there at at there seated was the appearance. his describe can't I A

A Moore, Slain Moore. right. right. Moore. Slain Moore, A

Q Well how was it obvious to you Met nothing - - nothing Met you to obvious it was how Well Q

Q Who was with you at this time? time? this at you with was Who Q

Q What did you do upon arriving there; what did you say'? say'? you did what there; arriving upon do you did What Q

A A

A I didn't nay 'nankin, I went up the steps. steps. the up went I 'nankin, nay didn't I A

Q Mr. fritter was not? not? was fritter Mr. Q

A f don't know whether he was or not. not. or was he whether know don't f A

A Weil, am wastio commotion. There was no - he was was he - no was There commotion. wastio am Weil, A

Q And where was the Senator when you saw Iiirrt? Iiirrt? saw you when Senator the was where And Q

A A A

vin and Mr. Kennedy about notifying Mr. Burke and and Burke Mr. notifying about Kennedy Mr. and vin

mid berate he knew it he was al the bridge- bridge- the al was he it knew he berate mid

Ms. Marshall, what happened? happened? what Marshall, Ms.

going? going?

took the wrong turn and he couldn't turn mound. He He mound. turn couldn't he and turn wrong the took

and you have got to let the family know. This thing is, is, thing This know. family the let to got have you and

didn't report the thing and we have got to do same- do to got have we and thing the report didn't

thing. thing.

you know, h Is worse now than it was twfore. You You twfore. was it than now worse Is h know, you

got to get aold of Dave Burke and a Burke Marshall Marshall Burke a and Burke Dave of aold get to got

he said he thought he was gone, gone, was he thought he said he

had the feeling his lungs were filling up with water and and water with up filling were lungs his feeling the had

being unsuccessful and giving one final lunge. He said he he said He lunge. final one giving and unsuccessful being

raid, well, it happened. and you have got to report this this report to got have you and happened. it well, raid,

how It rolled into the water or fell into the water? water? the into fell or water the into rolled It how

just o nightmare. nightmare. o just

tip ever ever tip

got up, went went up, got

conversation? Was there any other conversetion? conversetion? other any there Was conversation?

returned. returned.

he didn't report it. I said, what happened to you? He He you? to happened what said, I it. report didn't he

Mat seated there at the table. table. the at there seated Mat

lie said he remembers just aping down on the bed. bed. the on down aping just remembers he said lie

said be swam across that night, the night before. He He before. night the night, that across swam be said Garsan that he had left the key inside and closed the the closed and inside key the left had he that Garsan

thing and you hare got to do it now. now. it do to got hare you and thing

somebody and he mid, I don't know. He said, It It said, He know. don't I mid, he and somebody What happened then? What consecration did you have have you did consecration What then? happened What

room where be was. II was locked. I I locked. was II was. be where room

the table. table. the

what happened? happened? what

went up to the hotel room where we were at that lime. lime. that at were we where room hotel the to up went

door and Joe went down and got another key and and key another got and down went Joe and door

with Mr. Kennedy? Kennedy? Mr. with

vicinity and also soother gentlemen gentlemen soother also and vicinity

Senator seated there and it was obvious to me at that that at me to obvious was it and there seated Senator

time that nothing had been done. done. been had nothing that time

outside of the the of outside

.17 .17

was e was

- - ii - -

remember Mr. Richards being in the immediate immediate the in being Richards Mr. remember

wan wan

r.-7.e.svis

ated out on the porch al a table. table. a al porch the on out ated

going when the accident Ireppened1 Ireppened1 accident the when going

room, where where room,

out out

lie lie

1 was was 1

7!" -1 7!"

said, I didn't report it. it. report didn't I said,

of the room. Says he meant Sting Sting meant he Says room. the of

not even sure it happened. And I I And happened. it sure even not

is is

7 - . - . - 7

the SCRISIOr the

'es."

ibia ibia

% room - room %

''''?"'''''''

he laid Sae Sae laid he

I I

saw the the saw

47'In

was was

Ile Ile

. 1 1

.!..•

i i

Q And in you went with him to the ferry and crossed to to crossed and ferry the to him with went you in And Q

Q Q

Q And what happened there? there? happened what And Q

A Right. Right. A

Q Did he speak with him, do you know? know? you do him, with speak he Did Q

A Yes. Yes. A

A R tato . . tato R A

A He called Dive Burke. Burke. Dive called He A Q Ile did. And do you know whether or not he silted Mr. Mr. silted he not or whether know you do And did. Ile Q

A No, I don't think he called Mr. Mandrel? He only celled celled only He Mandrel? Mr. called he think don't I No, A

Q Then what did he do? do? he did what Then Q

A Then he concluded the telephone conversation. I said, said, I conversation. telephone the concluded he Then A

Q Nobody pursued any of the inquiries on the statement statement the on inquiries the of any pursued Nobody Q

A No. No. A

Q And no one had commented on the fact that when you you when that fact the on commented had one no And Q

A Na. Na. A

Q It was not? not? was It Q

A I don't believe it was. was. it believe don't I A

A I don't believe it wee. wee. it believe don't I A

Q All right. In any event, you went to the station, the the station, the to went you event, any In right. All Q

A A

Q And And Q

Q Can you tell us how long you were there in the police police the in there were you long how us tell you Can Q

A Yes, sir. sir. Yes, A

Q At least two hours. During not time did you have any any have you did time not During hours. two least At Q

Q Several? Two, three, four? four? three, Two, Several? Q A I really don't know. It was right after he made the the made he after right was It know. don't really I A

Q Q

A Several how.. how.. Several A

A Yu. Yu. A

Q And an accident repon was prepared? prepared? was repon accident an And Q

A I would say at teat two limn. limn. two teat at say would I A

Q Su, you mote what the Senator described? described? Senator the what mote you Su, Q

A Yes. Yes. A

Q And could you tall the Court who prepared the report? report? the prepared who Court the tall you could And Q

A Yea. Yea. A

Q Q

A I think I did the actual writing and the Senator told me me told Senator the and writing actual the did I think I A

Q And subsequently was this typed by the police officer, officer, police the by typed this was subsequently And Q

Q All right Did you tail him that you hurl etlempied to to etlempied hurl you that him tail you Did right All Q

A Conner Conner A

A I gave it to Chief Arena. Arena. Chief to it gave I A

Q Q

A Yea, tin quite sure sure quite tin Yea, A

Q Did he tell tell he Did Q

A No. Mr. Mr. No. A

A No, the Senator told lam what had happened_ happened_ had what lam told Senator the No, A

A Yes, we did tell the Chief that Mr. Gargan and I dm.. dm.. I and Gargan Mr. that Chief the tell did we Yes, A

He said, I don't want to use that phone at the motel. It It motel. the at phone that use to want don't I said, He

he could use and there would be some privacy. privacy. some be would there and use could he

Chappequiddick/ Chappequiddick/

and there were going to he people around. So, Joe Joe So, around. people he to going were there and

the hotel there. Ile wanted some degree of privacy privacy of degree some wanted Ile there. hotel the

lie lie wan a telephone on the Chappaquiddick aide that that aide Chappaquiddick the on telephone a wan

told him that be thought he should use — there there — use should he thought be that him told

Marshall? Marshall?

The place was going to he flooded with calla pretty soon soon pretty calla with flooded he to going was place The

Marshall and he wanted to talk to him and just to nand by, by, nand to just and him to talk to wanted he and Marshall

Mr. Burke and asked Mr. Burke to try to get atrold of Mr. Mr. of atrold get to try to Burke Mr. asked and Burke Mr.

and to get down to the office and to notify Burke Marshall. Marshall. Burke notify to and office the to down get to and

others what happened. happened. what others

Ho said, yes. He mid, Joe, you had better go tell the the tell go better had you Joe, mid, He yes. said, Ho

do you want me to go to the police station with you? you? with station police the to go to me want you do

the cm, nothing was mid aloof the incident? incident? the aloof mid was nothing cm, the

Yea. On the way to the ferry with the other people in in people other the with ferry the to way the On Yea.

returned that your clothing was damp or wet? wet? or damp was clothing your that returned

that you had made earlier? earlier? made had you that

putts= station? station? putts=

Ye,, Ye,, 11.13 11.13

Would you tell the Court approximately what time Mr. Mr. time what approximately Court the tell you Would phone. phone.

station? station?

Kennedy arrived at the station or the Town Hall? Hall? Town the or station the at arrived Kennedy

conversation with the police? police? the with conversation

Mr. Mr.

II, described the accident again and I wrote it out. out. it wrote I and again accident the described II,

rescue? rescue? if you know? know? you if

you were writing or had written? written? had or writing were you

Let me rephrase it What did you de with the statement statement the with de you did What it rephrase me Let

Did he ask what had happened? Had he naked what had had what naked he Had happened? had what ask he Did

happened? happened?

that you remember? remember? you that

called Mr. Burke? Burke? Mr. called

statement? statement?

Kennedy did also? also? did Kennedy

dr. dr.

you you

were present with Mr. Kennedy when he made made he when Kennedy Mr. with present were

111111 111111

anythora else than what o to that report report that to o what than else anythora

— 48 48 —

0 There was no mention of the rescue •ttempts or the the or •ttempts rescue the of mention no was There 0

Senator Kennedy is deep fn drought or he winches winches he or drought fn deep is Kennedy Senator

A No The Senator that rooming, I think when we were at at were we when think I rooming, that Senator The No A

Q Them were — when did Mr. Kennedy tell you this, on on this, you tell Kennedy Mr. did when — were Them Q

youngnen fish fish youngnen

Q This loon the Chappaquiddick side? side? Chappaquiddick the loon This Q

Q So nothing was mid to the police in light of the conver- the of light in police the to mid was nothing So Q

A I'm not sure whether it was at the police station or on on or station police the at was it whether sure not I'm A

Q Now, es I understood your testimony, Mr. Markham. the the Markham. Mr. testimony, your understood I es Now, Q

A Yrs, Yrs, A

A No. Chief Arena eked tom if he had a statement, and and statement, a had he if tom eked Arena Chief No. A

Q And this ta whet he told you? you? told he whet ta this And Q

A Right. Right. A

A That is what he told tn. tn. told he what is That A

BaINS. BaINS.

the Senator to the ferry and that the Senator swam swam Senator the that and ferry the to Senator the

position of the car or anything anything or car the of position

not going to involve you. As far far As you. involve to going not

want you people put in the middle on rho thing. I'm I'm thing. rho on middle the in put people you want

the telphant booth or sometime that warning before we we before warning that sometime or booth telphant the went to the nation. he told us, lie mid, look, f don't don't f look, mid, lie us, told he nation. the to went

didn't know anything about the accident that night. night. that accident the about anything know didn't

call. treuuse Mr. flarean, flarean, Mr. treuuse call.

the way to the police elation? elation? police the to way the

reason that you or lotr. Gargon did not seek asuman= or or asuman= seek not did Gargon lotr. or you that reason

sation you had with Mr. Kennedy earlier? earlier? Kennedy Mr. with had you sation

when that was said. said. was that when

the way. I'm quite sore It was when he made the phone phone the made he when was It sore quite I'm way. the

notify the police was that you amounted that Mr. Mr. that amounted you that was police the notify

fried with the police. police. the with fried

the Senator dictated the statement that I wrote that was was that wrote I that statement the dictated Senator the

Kennedy was goong to do to when he he when to do to goong was Kennedy

town after the swim? swim? the after town

MR. FERNANDES! No further quash... quash... further No FERNANDES! MR.

THE COURT: Lei me ask a question. The The question. a ask me Lei COURT: THE

Senator was going to do it. Now, those are Iwo different different Iwo are those Now, it. do to going was Senator

that you didn't seek amistauee or report It became became It report or amistauee seek didn't you that

Now, do you mean by that Mar the reason you didn't didn't you reason the Mar that by mean you do Now,

things and I want to make make to want I and things

On On

the loudly yacht, "Aladin. yacht, loudly the

SUIT SUIT

you understand it. it. understand you

quite RIM, was was RIM, quite

e? e?

as as

- -

Mined Mined

you know, you you know, you

tones tones

in Edgar- in

meant meant

was was

A The Regatta Week, a get-together. get-together. a Week, Regatta The A

Q And could you tell us the purpose of your visit to the the to visit your of purpose the us tell you could And Q

Q Al the matinee where subsequently o parry had taken taken had parry o subsequently where matinee the Al Q

A That la right, right, la That A

177rdi the record, Mr. Crimmins, will you please give the the give please you will Crimmins, Mr. record, the 177rdi

Q And were you alone? alone? you were And Q

Q And could you tell to where you stayed while you were were you while stayed you where to tell you could And Q

A Out unto Chappaquiddick. Chappaquiddick. unto Out A

Q And whether or not at this time you brought Mr brought you time this at not or whether And Q

A I did, sir. sir. did, I A

Q And could you tell um when you arrived on the island? island? the on arrived you when um tell you could And Q A Yes, sir. sir. Yes, A

A The Wednesday, July 16th 16th July Wednesday, The A

A Yea, sir. sir. Yea, A

Q Pardon me? me? Pardon Q

Q And your occupation. sir? sir? occupation. your And Q A Legal aide and Investigator and aide Legal A

Q And your legal address? address? legal your And Q A Legal aide and investigator. investigator. and aide Legal A

EXAMINATION BY MR. FERNANDES: FERNANDES: MR. BY EXAMINATION

A 164 Marlrio Road, South Boston. Massachusetts. Massachusetts. Boston. South Road, Marlrio 164 A

A John B. Cell:umbra. Cell:umbra. B. John A

Q You don't know? know? don't You Q

A I haven't seen some of them from that time until yester- yester- until time that from them of some seen haven't I A

Q Do you know when the people at the party were noti- noti- were party the at people the when know you Do Q

A No. No. A

Present: Present:

Morel Morel

Island? Island?

place? place?

out on on out

Kennedy's car with yens? yens? with car Kennedy's

THE THE

Martha's Vineyard, is this -comet? -comet? this is Vineyard, Martha's

Now, Mr. Crimmins, I direct your attention In the the In attention your direct I Crimmins, Mr. Now,

weekend of July 18, 1969. You had occasion to be on on be to occasion had You 1969. 18, July of weekend

(Witnem F.mensed.) F.mensed.) (Witnem

can return home. home. return can

Court your full name name full your Court

THE COURT: No reason why he can't be excused? excused? be can't he why reason No COURT: THE

ham, your Honor. Honor. your ham,

MR. FERNANDF.S: FERNANDF.S: MR.

MR. FERNANDES: No further questions of Mr. Mark- Mark- Mr. of questions further No FERNANDES: MR.

day. day. Herold T. McNeil and Sidney R. Lipman, Lipman, R. Sidney and McNeil T. Herold

fied of Mary Jo's death? death? Jo's Mary of fied

THE WITNESS THE

THE COURT: This hull what I asked you. The meson meson The you. asked I what hull This COURT: THE

Thomas Toiler, Oerk of of Oerk Toiler, Thomas

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen it? it?

Peter Gay, Assistant [linnet Attorney, Attorney, [linnet Assistant Gay, Peter

because you thought Senator Kennedy was going to do do to going was Kennedy Senator thought you because

Daniel Daley, Sr., Esq. and Paul Redmond, Esq., Esq., Redmond, Paul and Esq. Sr., Daley, Daniel

seek mistance in ter:netting the body was because because was body the ter:netting in mistance seek

ator Kennedy was going to do it? it? do to going was Kennedy ator you didn't reek assistance in recovering the body was was body the recovering in assistance reek didn't you

THE WITNESS: He was going to report the accident. accident. the report to going was He WITNESS: THE

Southern District of Massachomtla, Massachomtla, of District Southern

Armand Fernandes, Assistant District Attorney, Attorney, District Assistant Fernandes, Armand

Edgartown District Court Court District Edgartown

Hon. James A. Boyle, Justice of the the of Justice Boyle, A. James Hon.

COURT: You are excused from tins inquest and and inquest tins from excused are You COURT:

the the

island at least on the 16th? 16th? the on least at island

JOHN B. CRIMMINS, CRIMMINS, B. JOHN

- -

Yes, your Honor. Honor. your Yes,

JOHN B. CRIMMINS CRIMMINS B. JOHN

None. None.

TESTIMONY TESTIMONY

Courts Courts

OF OF

. .

Official Court Stenographer Court Official

Tuesday, January 6, 1970. 1970. 6, January Tuesday,

Edgartown, Mesuchusetts, Mesuchusetts, Edgartown,

for the Commonwealth. Commonwealth. the for

for John B. Crimmins. Crimmins. B. John for

Sworn Sworn

Sen- Sen-

— 49 — — 49 —

. .

Q Now, - - Now, Q

Q Could you tell the Court? Court? the tell you Could Q

A About I .15 I picked up the Senator at the airport, the the airport, the at Senator the up picked I .15 I About A

A Yes, I do. do. I Yes, A

Q And now I direct your alteration to Friday. Do you you Do Friday. to alteration your direct I now And Q

O O

OA LaRosa? LaRosa? OA

A Mr. LaRosa. LaRosa. Mr. A

Q Q

A Yes, Thursday afternoon. afternoon. Thursday Yes, A

Q Now, were you joined at the cottage — were you done done you were — cottage the at joined you were Now, Q

Q And on suds clay you took these items to the collage? collage? the to items these took you clay suds on And Q

A I brought it down front Boaton. Boaton. front down it brought I A

Q What else did you purchate? purchate? you did else What Q

A A

A Vodka. Vodka. A

Q Did you primitive that locally, Mr. Crimmins? Crimmins? Mr. locally, that primitive you Did Q A That is right. right. is That A

A A

Q Wbat air. air. Wbat Q

Q Q

Q A pint? pint? A Q

Q Cain you tell on whet? whet? on tell you Cain Q

A Vodka. Vodka. A A A

A Three hail hail Three A

Q Q

A No, No, A

Q Could you tell ua if you made purchases to bring to the the to bring to purchases made you if ua tell you Could Q

A I don't understand your question. question. your understand don't I A A No No A

Q to that 117 117 that to Q

A Yea, sir. sir. Yea, A 0 Could you ten the Court what arrangements? arrangements? what Court the ten you Could 0

A Litt you you Litt A Q Q

A I didn't make arrangements for the cottage. cottage. the for arrangements make didn't I A Q And had you made arrangements ire had someone the the someone had ire arrangements made you had And Q

THE COURT: All right right All COURT: THE

THE WITNESS: Yes. air. air. Yes. WITNESS: THE

THE COURT: le that a fairly wide fait-aired ear? ear? fait-aired wide fairly a that le COURT: THE

THE WITNESS THE

bridge? bridge?

THE COURT: And Is that an Oldsmobile hlodel 88? 88? hlodel Oldsmobile an that Is And COURT: THE

Ti WITNESS: Yea, Mr Mr Yea, WITNESS: Ti

THE COURT: And you brought the car back over the the over back car the brought you And COURT: THE

THE WITNESS: Not that I recall, kir. kir. recall, I that Not WITNESS: THE

THE COURT: You had no trouble keeping the tar on on tar the keeping trouble no had You COURT: THE

the Midge? Midge? the

THE WITNESS: Jun the hump. hump. the Jun WITNESS: THE

THE COURT: Did you have any difficulty difficulty any have you Did COURT: THE

THE THE

tiating tiating

THE WITNESS: Yes, I did. did. I Yes, WITNESS: THE

THE COURT. THE

THE COURT: In what car? car? what In COURT: THE

THE WITNESS: Yes, your Honor. Honor. your Yes, WITNESS: THE

THE COURT: Now wait a minute. Did you dose him him dose you Did minute. a wait Now COURT: THE to the beach? beach? the to

Mortha's Vineyard Auport, drove turn to the ferry. My My ferry. the to turn drove Auport, Vineyard Mortha's

noon? noon?

car mu on the other aide of the fury I drove him to to him drove I fury the of aide other the on mu car

to the beach for a !swim. !swim. a for beach the to recall what your amivitin consisted of on Fridley Fridley on of consisted amivitin your what recall

the house. lie changed into cairn trunks and went out out went and trunks cairn into changed lie house. the

body?

at the cottage on the 16th? 16th? the on cottage the at

POW POW

of cues of beer. canned beer. beer. canned beer. of cues of

served err the party that that party the err served party of food Items or drink demi? demi? drink or Items food of party

Did you purchase anything. any food or drink to he he to drink or food any anything. purchase you Did

that weekend? weekend? that

W to do with bringing fond and drink? drink? and fond bringing with do to

made arrangements for this cottage for this gathering gathering this for cottage this for arrangements made

that was mbiequently held? held? mbiequently was that

r. r.

ajd

thi

ell

geW geW

Markham, Ms. Guinn. Mr. — — Mr. Guinn. Ms. Markham,

ld ld

sir. sir.

WITNESS: The black Oldsmobile. Oldsmobile. black The WITNESS:

,. to to ,.

thare come a time when you were Joined by any- any- by Joined were you when time a come thare

it? it?

fifths fifths

dka, a quartz quartz a dka,

you tell at what you purchased? purchased? you what at tell you

refresh refresh

thre

teks any armee-menu fur the gathering? gathering? the fur armee-menu any teks

aed

of Scotch, Scotch, of

- -

Did you drive over Dike Bridge? Bridge? Dike over drive you Did

lon

- -

Yes air air Yes

your recollection did you have have you did recollection your

oms at the Ketann Shore Motel, I I Motel, Shore Ketann the at oms

e half gallons of - - of gallons half e

N. N.

was was

bottles of rum rum of bottles

going to be held sometime sometime held be to going

and and

in nego- nego- in

a couple couple a

anything anything

in. - - Q Am you familiar with the registration of that vehicle, Could you tell al what activities took place at that time THE COURT: Eaelltic me- So I am getting this, you said Q Was the in the vicinity when this conVerratlein took Mr. Crimmins? when you were there with Mr. Kennedy? you drank rum Thursday eight? piece? A He took I tub. I shaved. showered and changed my A 1 am. 'IT1E WITNESS: I drank Thursday night a couple of A Outside on the lawn. Q Would you tell the Court what it Ix? clotheat times. Was [anyone else in the vicinity when this conversation Q And subsequently did other people begin to arrive? A L78-207. THE COURT: Oh, l Ilureght t hoard you say you drank took place? Q I show you a photograph. 15 that a you representetioll of A later. Twilight, about quarter to 9:00, 9 o'clock. one Thursday night. A There were urea] on the lawn at the Lime. Q Could you tell whether or not Mr. Markham and Mr. the rear of that cat? THE WITNESS: No, I drank Wednesday nigh[ and Q Where were you when he asked you? A Yee, it is_ Gallon arrived shortly after you were there? Thuudey night. A Hr called me out of tho cotinga. 1 mu in the cottage CI The car which you operated or drove with the Senator? A Yea, they did. I am not rum about Mr. Gergan- THE COURT: When you my you drank one you ere and he called for me. referring to a battle or a drink? A Yes, Pr. That is the car. Q Mr. Markham. in any event? Q And then were people eround when he naked you for Q This is the car? A Mr. Markham. THE WITNESS: Oh, drinks. 1 had a couple the keys? I trust he Joked you for the keys? Q Do you recall al that lime whether ar not them was any A Yee. THE COURT: What is Senator Kennedy's favorite A He did. drinking? drink? MR. FERNANDES: I would mark thin, your Honor, and Q You didn't drive him beck or offer to drive him back to offer it et this time. A Any drinking? THE WITNESS: l am not rare, air. Edgertoym ar to the ferry? MR. REDMOND: 1 can't hear you, Mr. Fernandes. Q Yea THE COURT: la he dispumed lo rum and coke? A No, I did nat. THE COURT: You gave Ito regotretion of the cu Do A No, there WW1 not. THE WITNESS: I think he might he In the summertime. Q Now, with reference to the other people at the party you want this marked? Q There was not? Q Before I forget, Mr. Crimmins, did anyone the drive how long did they pine to zany there? MR. FERNANDES: Yes- A That I recall. that car that day? A They all hoped to make the ferry. THE WITNESS: May I look el that again, your Honor, Q That you remit. Now, them mom e time when several A Yes, they did. Q And were you aware of when the ferry closed far the please? people were in attendance? Q Could you tell us who drum the car? evening? THE COURT: Oh, yes A That is right. A Charlie Trailer. A I was. (Photograph handed to Wanes.) Q In fact, ell of the people that you were In the cOltet- Q Do you know of anyone else beset. the Senator? Q And what time was that? THE WETNESS: It took. like the car to me. 1-00111 with the first day of the inquest? A lliet day, Friday? A 12 o'clock. Q Yea. THE COURT: That is the Identical registration number' A That is right. Q And was there any discUralon *bout the return to the THE WITNESS: Yes, your Honor. Q Were there any people at that patty al any time other A thymic. ferry? than the people who were in the courtroom on the lint Q You any t MR. FERNANDES: May it be offered, your Honor? hat you had the ken end If anyone had used A I node mention of it, that somebody ought to go down ins COURT: Yes. day of this inquest? the ear you would have bean aware of it? and semi the ferry man a few dollars. I mid 520 or no to (Photograph of automobile marked Exhibit Na. 6.) A On that day? A That is right. keep trim going, Q (By Mr. Fernand.). How many times did you drive over Q On the day of the party? Q Do you keep the registration on your porton shy? Q Can you tell to when this diunsalan look place? Wu it that bridge with that car on that weekend? A None. A No, it in on the dashhoerd of the car. before or after Mr. Kennedy left? Q Could you tell us what autivilles took place after these A Twice Fridey. Q An the licenses kept in the can aka? A I don't know. I really don't know. Q The same day that you deathbed to so previously a few people arrived? A I carry my Raceme in my pocket. Q Did you me Mr. Kennedy leave? A Preparation of food for the cookout: just a chatting and minutes ago? Q How about Mr. Kennedy? A Nut actually one him leave. but I emu the car pull away. A I don't know. A Yen. reminiscing. Q He was driving? THE COURT: When was the second Lime? Q Socializing? THE COURT: The keys were aurally left in the car or A I assume so, A Socializing. taken out? THE WITNESS: That was the second time. Q Where were you pending when you sew the ear drive THE COURT: You mean you went over it once and Q Was there mny drinking? TILE WITNESS: Generally in my pocket. away? you come hack on it once? A There was . THE COURT: In your pocket? A Going hack to the cottage. dld you have oecaalon - well, did you tend bar or 111E WITNESS: Yea. TILE WITNESS: No. He asked me about the afternoon. Q THE COURT: Let me interpose hurt a reorient. I take It I drove the Senator over in the aftereeme about half do you know who did/ THE COURT: If somebody manta it they come to you to from lin testimony you love given, and I heard prey. put LOCI. A Nobody tended has. get the key. Q It was self-mtup and you did what you wanted to? ioualy, that the err was to a large extern in your THE COURT: 1 thought you wanted to know how THE WITNESS: Yes. custody? A On a little thing when you name in the door. Q Are you many times he drove over the bridge. ! thought you aware when Mr. Kennedy left ihn party? THE WITNESS: ll Is, eh-. meant each time ea one Lime. (1. I ask you whether or not you had occasion to reek, A Yea, I am. nate of Mr_ Kennedy at the time? THE COURT: red that you do the operating of It a MR. FERNANDES: Each time you cons the bridge is a Q Before we get to that point, would you describe the good deal? A I did. different tame. activities at the party with reference to food and drink THE WITNESS: That is right. Q How many times that weekend did you go over the Q Ito you lumpy whethea: or not Ite,hed anything to drinker from the time they all Brined until Mr. Kennedy Taft? A I believe be had one drink when I emer l ion THE COURT: What was the reason you didn't drive Mr. bridge? A The activity? Q Do You know what it woo? Q Yes. Kennedy and Misa Kopechne down to the ferry and A Twice. thee bring the car back? A Rum and Coca-Cola. A Just general conversation, politica, renewing ai friend' O So that would be the one time that you described to THE WITNESS: I don't know. Ile asked me for the the Court when you took the Senator swimming at the Q How do you know this? ships. Ringing. A Demure I poured it for him at that time. Q Did you eat? keys. It wan his automobile and I gem them to him. I beach? didn't question him. Q Wag this before the main body arrived? A We ate. A Yes. THE COURT: WeB, you were staying at this remoriably Q And you drove it yourself, the Senator was with you Le A That is right. Q Old kleie activity take place for the most part inside the Q So before the main body arrived he hod a drink/ isolated cottage on CheppequIddiek which is several the ear? =amp or on the outside? miles from the ferry? A Yes. A The evening/ A That is right. THE WITNESS: That is right. Q Now, what were your •ctivitici that afternoon eller you Q Now, at the rest of the activity do you know whether Q Well, moot of the activity, was it inside or outside? THE COURT: On which inland there is no public trans- left the beach? or not he hod anything else to drink? A Inside People were going is old out. A I am not aure, portation. Now, by taking that two this left you without A I went to the Shirctowe Hotel. Q To get the food and then they would come hack to and transportation, didn't Sit Q Now, do you know who Mary Jo Kopechne wee? eat. and that kind of Muff? Q And wan the Senator with you, Mr. Kennedy with you? THE WITNESS: I was staying there. A No. A 1 had met her that previous day. A That is right. Q And do you know Whether or not She had anything to THE COURT: 1 nay II left you without transportation, Q fie was not? Q Foe the most part would you say that everyone wan didn't it? drink? together? I am talking about until Mr. Kennedy THE COURT: Remember to speak op bemuse the left? THE WITNESS; There woo another cu. stenographer cannot take ■ nod, A I don't know who drank and who didn't. 1 didn't pay A I would my so. any attention. The drinks were there. O Now, what time did ktr. THE COURT: That was a rented car, wag it not? Q Now, did there come a time Later on that afternoon that Kennedy have the party? THE WITNESS: That is right. and to the collage? Q Can you tell roe how much drinking went on at the A About I I :I S. you returned to Chappaquiddick THE COURT: Which had been brought from Edgar. A The evening. party? Q And how do you know? flow are you an certain? A Very little . town? Q Could you tell as approximately what time, Mr. Crim- A I looked II my watch. THE. WITNESS: Yes . Q Now, you any you brought certain Items of drink over Q And could you Lel us the circumstances of when he mins? THE COURT: And which was primarily for the trans- A Severnale or a little later. to the party. Could you toll us Whether or not you took left? What did he any to you? certain items of drink Om the parry was over Remy portation of the other people? Q Would you tell tea wish whom you want to the cottage? A He told me that he was tired and that he wetted to go THE WITNESS: from the party? home end go 10 sleep. That is right. A Senator Kennedy. THE COURT: You had a on that you might refer to es Q And was the car left on the C'happaquiddlek side of the A I del. Q As you best remember, those were the words he used? Q Would you tel ea what you took bank with you? A The general words, but I am not lute of the exact your transportation. the one that you normally drove? ferry? A Two full bottles of Vodka, there full bottles of Scotch THE WITNESS; That is right. A That is right- words. and the bear. THE COURT: The one that you took can of? Q And you drove plane with Mr. Kennedy to the Cottage? Q And dui he say anything eke? THE WITNESS: That o right. A That is right .0 Could you tell 1.11 WWI happened to the rum? A Yea. He told me he was min in lake Mlss Kopechne A 1 think one bottle wan consumed and I drank one back, that she wasn't fouling well. THE COURT: The one to which you had the key? Q Could you tell an when you arrived, if anyone else was THE WITNESS: That ie right_ Wednesday night. We were ever them Thursday night. Q That the wasn't feeling well? present? away THE COURT: Now, if Hurt car Went ova, to Edo/town A They were not drank rum Thurgday night and I poured some rum A Yea. The run. She was blithered by the PM on the teem an open bottle. then you were aver as Cloppaquiddiek left without beach that day. [ransportelion? - 50- - 51 -

- _ , . - • • •

: :

.• .•

Q (By (By Q

O O

Q When did Mr. Kennedy tell you he was going to leave leave to going was he you tell Kennedy Mr. did When Q

Q As his Honor has suggested, you did not propose to to propose not did you suggested, has Honor his As Q

A No. I did not. not. did I No. A A 1 was nut. nut. was 1 A

A I was not. not. was I A

Q Whnl time was this party to end? end? to party this was time Whnl Q

A I auumed around midnight for them to get the ferry. ferry. the get to them for midnight around auumed I A

A lie didn't tell me he was leaving it at Edgartown, but but Edgartown, at it leaving was he me tell didn't lie A

Q In In Q

Q And how were these people to get back to the retry? retry? the to back get to people these were how And Q

A The other other The A

Q Old you ever tell anyone that you wished to drive the the drive to wished you that anyone tell ever you Old Q

A In In A

THE WITNESS: That That WITNESS: THE

TUE COURT: That they would would they That COURT: TUE

Till WITNESS: Thal is right. right. is Thal WITNESS: Till THE COURT: Well, did you know when when know you did Well, COURT: THE

in Edgartown. Edgartown. in

THE. COURT: Wen, now, there were still some other other some still were there now, Wen, COURT: THE.

how many were there left? left? there were many how lidgartourn and out going to leave it it leave to going out and lidgartourn THE WITNESS: That la right. He sees going to leave It It leave to going sees He right. la That WITNESS: THE

Chappequiddick? Chappequiddick?

THE WITNESS: That is ten. ten. is That WITNESS: THE

people at the col lage? lage? col the at people

THE COURT, Now, let's count them: how many are are many how them: count let's Now, COURT, THE

Trotter and Gamin. Gamin. and Trotter

THE WITNESS: Five of the girls, Markham, LaRosa, Mr. Mr. LaRosa, Markham, girls, the of Five WITNESS: THE

be transported in the white Valiant? Valiant? white the in transported be TIIE COURT: So that nine other people would have to to have would people other nine that So COURT: TIIE

THE WITNESS: That is right_ right_ is That WITNESS: THE took took

THE COURT: Including yourself? yourself? Including COURT: THE

there? there?

THE WITNESS: Yes. Yes. WITNESS: THE

THE COURT: And the Valiant is a compact, is it not? not? it is compact, a is Valiant the And COURT: THE

THE COURT, I asked if the Valiant was nut a compact compact a nut was Valiant the if asked I COURT, THE

THE WITNESS: I don't remember. remember. don't I WITNESS: THE

car. car.

TIIE COURT: So that nine people were going to to going were people nine that So COURT: TIIE

THE WITNESS: It was a small car car small a was It WITNESS: THE

THE WITNESS: I didn't intend to lease the Island, air, I I air, Island, the lease to intend didn't I WITNESS: THE

left without any transportation? transportation? any without left

all? all?

going to stay; a couple of the fellows were going to stay stay to going were fellows the of couple a stay; to going

transportation as more or less your own own your less or more as transportation

THE COURT: But you had been left without any car at at car any without left been had you But COURT: THE

with one small car and you who had this Oldsmobile Oldsmobile this had who you and car small one with

later, you would hem had to walk? walk? to had hem would you later,

was going to tiny them and a few other people were were people other few a and them tiny to going was

THE COURT: And If you had wanted to go to the ferry ferry the to go to wanted had you If And COURT: THE

THE WITNESS: That is right. right. is That WITNESS: THE

THE COURT: Yes. Yes. COURT: THE

with nit. nit. with

THE WITNESS: If I had wanted to go to the ferry? ferry? the to go to wanted had I If WITNESS: THE

THE WITNESS: I had no intention of going lo the the lo going of intention no had I WITNESS: THE

THE COURT: How long were you planning to stay In In stay to planning you were long How COURT: THE

ferty. ferty.

Island at 9:50 on Sunday morning. I had a reservation reservation a had I morning. Sunday on 9:50 at Island

THE WITNESS: Well, 1 was booked to go out, leave the the leave out, go to booked was 1 Well, WITNESS: THE

THE COURT: And that was what day? day? what was that And COURT: THE

THE WITNESS. Until the regatta was over. over. was regatta the Until WITNESS. THE

on the 9:50 out of Oak Bluffs. Bluffs. Oak of out 9:50 the on

that college? college? that

THE COURT. Well, now, when Mr. Kennedy got the the got Kennedy Mr. when now, Well, COURT. THE

THE WITNESS: Oh. no, air. air. no, Oh. WITNESS: THE

or him about the return of the car to you at any time time any at you to car the of return the about him or THE COURT: I said, was anything said to you? you? to said anything was said, I COURT: THE

keys from you and left, was there anything said by you you by said anything there was left, and you from keys

TH.E WITNESS: Oh, 1 assumed - - assumed 1 Oh, WITNESS: TH.E

before Sunday? Sunday? before

you wan a bit upset with the het the car was leaving? leaving? was car the het the with upset bit a wan you

THE COURT: All right. right. All COURT: THE

drive the ear and come bask? bask? come and ear the drive You were not? not? were You

knew Mrs Kopechoe lived out at Kamm, Shore, and he he and Shore, Kamm, at out lived Kopechoe Mrs knew

limn that were going back, the Meta. Meta. the back, going were that limn

wan going to take her home. home. her take to going wan

the can in Frigartown? Frigartown? in can the

■ ■

several several

the keys That he he That keys the

Mr. Fernandes) Isn't it • fact, Mt. Crimmins, that that Crimmins, Mt. fact, • it Isn't Fernandes) Mr.

couple of trips. you. you. trips. of couple

trips? trips?

ear. ear.

is is

right. right.

was was

bringing the the bringing

have have

to be transported; transported; be to

on on

WWI WWI

car car

the island of of island the

Mr. Mr.

g g

over into into over

Kennedy Kennedy

g to be be to g

be be

left left

- 52 52 -

Q Did you ever toll anyone that you wished to drive the the drive to wished you that anyone toll ever you Did Q

A I don't understand the question. question. the understand don't I A

Q Front or back? back? or Front Q Q Did you ever tell anyone that you did not with to give give to with not did you that anyone tell ever you Did Q

A I did not. not. did I A

Q You were asked fax the keys in the yard? yard? the in keys the fax asked were You Q

A People were walking around, they were chatting. I dido't dido't I chatting. were they around, walking were People A

A The is right. right. is The A A No, I did not. not. did I No, A Q And you are sure it was 11:157 11:157 was it sure are you And Q

A A Q And And Q

A Front. Front. A

(2 Would you tell on whet was the activity at the party party the at activity the was whet on tell you Would (2

A A

A On the lawn lawn the On A

A Iliad another drink. drink. another Iliad A

Q (By (By Q

Q At any time that you were present that evening? evening? that present were you that time any At Q

Q Now, you any you didn't keep teach of what the activity activity the what of teach keep didn't you any you Now, Q

Q And where did you do this drinking? drinking? this do you did where And Q O Did he he Did O

A I didn't hear him. him. hear didn't I A

Q In and cn, and could you toil on how long you stayed stayed you long how on toil you could and cn, and In Q

A AA me? me? AA A

Q And were there others inside of the cotter? cotter? the of inside others there were And Q

A Nu, he did not. not. did he Nu, A

O Whet time? time? Whet O

A Inn& of the cottage. cottage. the of Inn& A

A A Q You had no conversition with anyone after 12:00 or or 12:00 after anyone with conversition no had You Q

Q So, you were not sleeping? sleeping? not were you So, Q

Q And did you sleep lit early morning? morning? early lit sleep you did And Q

A In and out. out. and In A

Q Before you fell asleep? asleep? fell you Before Q

A I was talking to whoever was there; it vas a general general a vas it there; was whoever to talking was I A

A 12:00 or after. after. or 12:00 A

O Well, you said - I am not trying to eonfuse and and eonfuse to trying not am I - said you Well, O A I talked to severe people, yes. yes. people, severe to talked I A

Q All right. Where in the cottage? cottage? the in Where right. All Q

A What do you mean I wasn't limping? limping? wasn't I mean you do What A A Early morning. morning. Early A Q Or thereabout.? thereabout.? Or Q

A 12:00 or a little little a or 12:00 A

Q Who Who Q

0 0

A In the bear bedroom, the bedtoorn on the right right the on bedtoorn the bedroom, bear the In A

A Yes Yes A

A There were some In and some out out some and In some were There A

Q Q

A I don't know. know. don't I A

ear, the you wanted to drive the car, that night at the the at night that car, the drive to wanted you the ear, Mr. Kennedy the keys? keys? the Kennedy Mr.

keep tabs an anybody else. else. anybody an tabs keep

ear that night to the ferry? ferry? the to night that ear

Now, you say when you mei the ear leave. you don't don't you leave. ear the mei you when say you Now, THE WITNESS. There was. was. There WITNESS. THE

THE COURT: Was there any dancing? dancing? any there Was COURT: THE

time? time?

know who was driving, is that right? right? that is driving, was who know

get a radio In Edgartown, I believe. believe. I Edgartown, In radio a get

after Mr. Kennedy left? left? Kennedy Mr. after

and then Mr. Tooter borrowed my car to go over and and over go to car my borrowed Tooter Mr. then and THE COURT: Did you do any dancing yourself? yourself? dancing any do you Did COURT: THE

I I

Y Y

THE WITNESS: It was a Little Bell & Howell transistor, transistor, Howell & Bell Little a was It WITNESS: THE

THE WITNESS: All the younger people, all the girls end end girls the all people, younger the All WITNESS: THE

THE COURT: What furnished the moot? moot? the furnished What COURT: THE

THE COURT: Who did the dancing? dancing? the did Who COURT: THE

THE WITNESS: No, I did nut. nut. did I No, WITNESS: THE

ask to go back to the ferry? ferry? the to back go to ask

the fellows. fellows. the

us what you did? did? you what us

at the cottage? cottage? the at

1 1

was at the party after Mr. Kennedy left, Would you tell tell you Would left, Kennedy Mr. after party the at was

convertation. convertation.

Mat trying to find oul exactly what happen.' hem - at at - hem happen.' what exactly oul find to trying Mat

best remember when at least you went to retire, tuber, tuber, retire, to went you least at when remember best

thereabouts? thereabouts?

And where were the other people et the time, as you you as time, the et people other the were where And

were they? they? were

12:00 o'clock you said you went to deep? deep? to went you said you o'clock 12:00

Do you 'mow who was not there at that lime? lime? that at there not was who 'mow you Do

hex to say that, yes, it it yes, that, say to hex

went to sleep. I well to bed. bed. to well I sleep. to went

Mr. Fernandes) Mr_ Crimmins, did Mr., Mr., did Crimmins, Mr_ Fernandes) Mr.

I I

there were were there

was was

ant. ant.

ask ask

them at that lime that you remember? remember? you that lime that at them

you? you?

other people around on the lawn? lawn? the on around people other

after. after.

was was

dark. dark.

is is

it LaRosa, LaRosa, it

I I

am am

Q Them was no mention in your pretence that the ferry ferry the that pretence your in mention no was Them Q

A There was not not was There A

A Not the the Not A

Q Yes, but they didn't sleep there that night. night. that there sleep didn't they but Yes, Q

O There was was There O

A No, they de not de they No, A

Q Q

A No, there there No, A A Did I make arrangernents,1 did not. not. did arrangernents,1 make I Did A

A They all had their own moms. moms. own their had all They A

Q Q

A There were only a few of them left. left. them of few a only were There A

Q You were the last? last? the were You Q 0 Where was everyone else who wan at that petty when when petty that at wan who else everyone was Where 0

A Yea Yea A

Q Were you the Eau to rire that morning? morning? that rire to Eau the you Were Q

Q What time did you get up? up? get you did time What Q

A I was the last to rise. rise. to last the was I A

A 8,00 or 8 or 8,00 A Q What time did you gel up? up? gel you did time What Q

A Beg pardon? pardon? Beg A Q Do you remembet who was talking and who said what? what? said who and talking was who remembet you Do Q

A No., I do not. not. do I No., A Q Nothing was mid? mid? was Nothing Q

A Nothing was said. said. was Nothing A

Q Q

A Nothing was told to me. me. to told was Nothing A

O What slid you say? say? you slid What O

Q Well. that is what I asked you. I asked you if you were were you if you asked I you. asked I what is that Well. Q

A I don't know. know. don't I A

A I remember getting up and saying something and going going and something saying and up getting remember I A

Q Did you have a conversation with Mr. Cowin and Mr. Mr. and Cowin Mr. with conversation a have you Did Q

A I was nut. nut. was I A

A 1 gal up to go to the hathroom. hathroom. the to go to up gal 1 A Q Were you present in the kitchen with Mr. LaRosa, Mr. Mr. LaRosa, Mr. with kitchen the in present you Were Q Q Q

Q Q

A I did not_ not_ did I A

Q Now, did you have have you did Now, Q

Q Were you aware that he had returned to to returned had he that aware you Were Q

Q had you slept prior to t to prior slept you had Q

A Saturday, yea. yea. Saturday, A

A The following evening, tlyannisport. tlyannisport. evening, following The A

A No, I did not see him. him. see not did I No, A

0 And when you did faB asleep, them were people in the the in people were them asleep, faB did you when And 0

A Ned l ergo prior to anti time; no, no, time; anti to prior ergo l Ned A

A In and out, yes, there were- were- there yes, out, and In A

Q Q

A That is right. right. is That A

A Anywhere from 12:00 to to 12:00 from Anywhere A

Q And you you And Q 0 So, now, It could have been 1:00 o'clock? o'clock? 1:00 been have could It now, So, 0

A Thereabouts. 12:00, 12:30, 1:00 o'clock, I don't know. know. don't I o'clock, 1:00 12:30, 12:00, Thereabouts. A

Q Q

A We were ell them before I retired. retired. I before them ell were We A

Q And this is approximately 12:00 o'clock? o'clock? 12:00 approximately is this And Q

Q Q

A No, before that. that. before No, A

A Yes, I did. did. I Yes, A

A I don't know. know. don't I A

in your presence what was going to be done that night. night. that done be to going was what presence your in

meets would have to lie made to stay e the cottage cottage the e stay to made lie to have would meets

was now clowd? clowd? now was

that night? night? that What Urn asking you is whether or not anyone disarmed disarmed anyone not or whether is you asking Urn What

concerning going Mick to the ferry that night? night? that ferry the to Mick going concerning

made for sleeping, the accommodations? accommodations? the sleeping, for made

Did you discusa with anyone the arrangements to be be to arrangements the anyone with discusa you Did

of the party? party? the of

you make arrangements or were arrangements considered considered arrangements were or arrangements make you

You got up: what were they sloing, the other members members other the sloing, they were what up: got You

Let me ask you something. Prim to your retiring, did did retiring, your to Prim something. you ask me Let

right hack to had. had. to hack right

Do you remember anything being told to you? you? to told being anything remember you Do

present present

station to your presence Including Mr. LaRosa, Mr. Mark. Mark. Mr. LaRosa, Mr. Including presence your to station

ham, Mr. Gegen. and Mr. Tretter? Tretter? Mr. and Gegen. Mr. ham,

Tretler, Mr. Markham and Mr. Camel at approximately approximately at Camel Mr. and Markham Mr. Tretler,

Markham about the fact that something had happened? happened? had something that fact the about Markham

anytime that night? night? that anytime

2:00 o'clock in the morning? morning? the in o'clock 2:00

after he lied left approximately 11:15 that night? night? that 11:15 approximately left lied he after

And when was the next time you you time next the was when And

cottage cottage

This is now Saturday night? night? Saturday now is This

Hutt time? time? Hutt

And you fell asleep In that room? room? that In asleep fell you And I am teen; just before you retired now. now. retired you before just teen; am I

Do you recall seeing Ms Cern end Mr. Markham at at Markham Mr. end Cern Ms seeing recall you Do

and and

was was

30. 30.

are are

no no

had a convention or there was a cancer. cancer. a was there or convention a had

no discussion in my presence. presence. my in discussion no

certain you retired at 12:00 o'clock? o'clock? 12:00 at retired you certain

discussion in your presence the arrange• arrange• the presence your in discussion

. .

occasion to Me Mr. Mr. Me to occasion

--7

at time? time? at

1:00. 1:00.

7.7

5:1W 5:1W

I bed bed I

him? him?

-71T7"7".7

not. not.

Kennedy 'pm 'pm Kennedy

lice collage collage lice

- 53 53 -

0 9:00 o'clock? o'clock? 9:00 0

A 9180 o'clockr o'clockr 9180 A

Q What did hc do? do? hc did What Q

A We got In the car and returned to Ike cottage. cottage. Ike to returned and car the In got We A Q And did something happen on the way? way? the on happen something did And Q

A We met Mr. Dern coming hack. hack. coming Dern Mr. met We A Q You began to walk down the road towed+ the ferry? ferry? the towed+ road the down walk to began You Q

A That is right. right. is That A

A No mention of it. it. of mention No A

Q So, I understand you duet know what happened to the the to happened what know duet you understand I So, Q

A After a while, after talking nround, no cm and and cm no nround, talking after while, a After A

O And who were them girls again? again? girls them were who And O

A The two Lyons sleets and Min Newburgh. Newburgh. Min and sleets Lyons two The A

A No. No. A

Q Or the fact that Mr. Gegen or Mr. Markham had said said had Markham Mr. or Gegen Mr. that fact the Or Q

A No. No. A

0 About his returning? returning? his About 0

Q Wes there any discumion discumion any there Wes Q

A Knew nothing about It. It. about nothing Knew A

Q What did you do7 do7 you did What Q

Q Were there any cam there ut the time? time? the ut there cam any there Were Q

A Sat around for a while and discussed what tee were were tee what discussed and while a for around Sat A

A There win not_ not_ win There A

Q Now at 8:30 you were awakened and you are the that to to that the are you and awakened were you 8:30 at Now Q A A

Q Concerning the use of the ferry? ferry? the of use the Concerning Q

Q You did nor? nor? did You Q

A No. No. A A I did out out did I A

A No. No. A A I was not. not. was I A Q And, well, to refresh your recollection specifically that that specifically recollection your refresh to well, And, Q

Q Were you you Were Q

Q Did anyone take you up on that? that? on up you take anyone Did Q

A I did not. not. did I A Q You never had a conversation with with conversation a had never You Q

Q Or suggestion. suggestion. Or Q

Q But the charge was different? different? was charge the But Q

A I nude n suggenion. suggenion. n nude I A

A I I A

Q When you had made your offer of paying the ferry man man ferry the paying of offer your made had you When Q

A I didn't nuke the offer. offer. the nuke didn't I A

Q And what what And Q

A They did not apparently, no. no. apparently, not did They A A There was no general discumion. I Jun knew knew Jun I discumion. general no was There A

Q How did you know? know? you did How Q

A From the discussion the was made. I saw two of the the of two saw I made. was the discussion the From A

A 1 knew they were going to stay then. I knew they had had they knew I then. stay to going were they knew 1 A

Q Were you aware when you returned to sleep eler the the eler sleep to returned you when aware you Were Q

A No, I was not. not. was I No, A

Q Q

A I I A

Q When you got up, you you up, got you When Q

And what line line what And

had left m the other car? car? other the m left had

other people. is that right; no one mentioned, well, they they well, mentioned, one no right; that is people. other

to walk down the road. road. the down walk to

wondering where the other people were: we all maned maned all we were: people other the where wondering

There There

paquiddick? paquiddick?

something happened? happened? something

going to to going

Mr. Kennedy had returned the night before? before? night the returned had Kennedy Mr.

and myself. myself. and

The two Lyons sisters, lather Newburgh. Ray LaRosa LaRosa Ray Newburgh. lather sisters, Lyons two The

awake. Who was left at thie cotter when you got up; up; got you when cotter thie at left was Who awake.

who was them as you remember now? now? remember you as them was who

• •

SIIMI0011400 SIIMI0011400

there wee a charge now of either 50 cents per person or or person per cents 50 either of now charge a wee there

had missed the ferry and they would have to stay them. them. stay to have would they and ferry the missed had

staying? staying?

girls incline incline girls

$20 - - $20

going to stay at the cottage that night? night? that cottage the at stay to going

and don't remember whist it was that the people were were people the that was it whist remember don't and

missed the ferry ferry the missed

other people from the party still staying at the cottage? cottage? the at staying still party the from people other

on, were you now aware of the fact that there ware ware there that fact the of aware now you were on,

euneertelltere euneertelltere

And were you you were And

were staying at the cottage that night? night? that cottage the at staying were

throuall the Lichen, and there was a conversation going going conversation a was there and Lichen, the throuall

dollar per person? person? per dollar

Yin Yin

717

war. war.

not. not.

177

came a a came

do. do.

r7r

.ware .ware

on on

woe woe

that I described the you said that you had had you that said you the described I that

W11$ W11$

time when you left the island of of island the left you when time

the couch. couch. the

aware aware

the discussion that was oracle about about oracle was that discussion the

of the fact that the ferry could be be could ferry the that fact the of

this approximately? approximately? this

—

when you went to sleep that they they that sleep to went you when

Pl.mr

PI PI

my, my,

thin time about the fact that that fact the about time thin

m7r

to go to to go to

Me. Me.

" — : . 7 7 . : — "

Germ? Germ?

the the

111.1 111.1

bathroom bathroom

we we

Chap- Chap-

were were they they set

A 9:00 or thereabouts.

Q Yes, anything., was unything sate

Q What was said specifically or as herd you remember It? A What happened?

A Yes, there was.

Q Now, this is at approximately 9:00 o'clock?

A That the Seiame had en accident and we can't find

11 What chic was said at this time? A Therenbouts, it might be later.

Q Did you knuw where Mr. Kennedy was at this time?

A That is right.

A Nu, I did not

A That is all. The three girls got In the ear.

Q Ind Mr. Gargan say anything about the fact that he hod

A Mr. Kennedy?

Q Was there anything maid about Mr. Kennedy's condition?

A Them was not.

Q Mr. LaRosa was with you at this time at the cottage?

A He took the girls out. Ile took them to the ferry and

Q And he was percent when Mr. Careen told of the acci-

A That is right, just he and I.

A That is right.

And what happened while you wart at

Mary Jo.

accident and we can't find Mary Jo?

And Mr. Garean's worth to you, the Senator has had an

Did Mr. Kennedy say anything about the fact --

your to the scene that night?

Rey LaRosa and I picked up the college.

What wan said other than what you told us, if anything?

dent fur the first time?

TILE COURT: While you ere looking there, let me ask

Mr. Crimmins? THE WITNESS: Sixty-three.

you n few more questions, if you will. How old are you,

THE COURT: You were the oldest one in this group? THE WITNESS: I was, sir. THE COURT: Exactly what is your relationship with

Mr. Kennedy?

THE

THE WITNESS: I am, tit.

sfate. THE COURT: Are you employed by him? weekend and evening chauffeur when he comes into this THE COURT: Do you have my other ditties besides

THE WITNESS' For hire? THE COURT: Yes. being

Tim WITNESS, That In all, Su.

THE WITNESS: Nine yetis.

at Chappaquiddick?

thins? THE COURT: Who negotiated the lease of this cottage

THE WITNESS: I believe Mr. Gargan

THE COURT: Did you have anything to do with the

THE WITNESS: I did, ruE

THE COURT: You laid nothing to do with that?

THE WITNESS: I did not.

reservations of the rooms at the Dunes? THE COURT: Katema Shores? THE WITNESS: I did, dr. THE COURT: On whose instruction.? THE WITNESS: Mr. Galvin at a discussion of the party.

THE COURT: Did you have anything to do with the reservation of rooms et the Shiretown Inn?

THE WITNESS: I did not, air. THE COURT: Do you know how long the cottage mu

THE WITNESS: I did not, M. tented for at Chappaquiddick?

and discovered It la sparsely settled? nie THE COURT: Now, you have been

THE WITNESS: I gm, air. THE COURT: Do you know when the rented

terminate? THE COURT: What was the hat day of racing? T1TE WITNESS: Saturday, the 19th

THE COURT. The racing area Friday and Saturday and you believe the lease was going to terminate on either

Sunday

did mat.

COURT: And have been lot how

WITNESS: I erns a min= chauffeur. I am a

WITNESS: 1 believe the Sunday or the Monday.

part-time chauffeur?

Monday?

sir.

the

long it

cottage now?

Clumpaquiddick

period of

Win

- 54 -

THE WITNESS: As far as I can recollect, air.

THE COURT: And was this primarily intended as •

place lot you to stay while you were here?

THE WITNESS. No, it was not THE COURT: Was it militantly rented or social enter-

THE WITNESS: I think Mr. Gargan hired it for his tainment?

TILE COURT: In other words, initially it was not in-

she didn't come over.

family, for his wife, and his wife's mother got tick and

THE WITNESS: As far as I know, air

tended that you would stay there THE COURT: That is, it was not Intended is correct? TIIE WITNESS: That THE COURT: But because of sickness then you took

THE WITNESS: That is right.

over as a tenant?

of liquor, when you bought this liquor It was purchased

'11th

a vacation In Hyannaport with the liquor left over, TIIE COURT: If I remember In describing the quantity

THE COURT: Are you a heavy drinker?

for what

bring It back In the car.

THE WITNESS: I am nut. air. THE COURT: Are you a light drinker?

THE WITNESS: At night, never drink during the day.

THE WITNESS: Three, tluee drink.. TIIE COURT: A day? THE COURT: If I remember, you bought sonic half

gallon. is that right?

THE WITNESS: Yes.

THE COURT: You described them

TILE WITNESS: That is right.

TIIE WITNESS: That it right. believe, of vodka?

THE COURT: And three bottles of scotch?

THE COURT: And two bottles of ruin? THE WITNESS: That a right.

sumed at the cottage. I was going to spend time - THE COURT: Al to be taken to tins one cottage? THE WITNESS: To be taken, yea, but not to he con- THE THE COURT: In which only you would live? going to stay with me when they arrived.

Illy COURT: But nobody dm did?

TIIE COURT: Who? THE WITNESS: Well, 1 don't know

THE WITNESS: Not the first - I only stayed there one

THE COURT: I'm trying to discover If the amount of

THE WITNESS: That is right.

night alone.

liquor you purchased in,

out? an vacation and 1 win going to take it back to Hyatt- THE COURT: Wu intended primarily for this one cook- say I was going to buy the liquor as I intended; 1 was THE WITNESS: No, I wouldn't say thet, dr. I would

naport. I had a Little bourn behind have a drink in the house if anybody dropped In to any hello.

cart it all the way down and cart it all the way back to TILE COURT: Is there some reason you would miller

THE WITNESS

Flyannisport rather than buying it in Ilyanniaport when

you got there? THE COURT: Now, how much did you take back.? THE WITNESS: Two full gloats, the vodka. THE COURT: hat a minute. THE WITNESS: Half gallons, I should

THE COURT: Now, that meant that what was con-

scotch.

sumed?

TILE WITNESS: Over a period I consumed - TIIE COURT: No, whet was consumed between what

THE WITNESS: Well. there wee about three-quarters of

THE COURT: You mean of a gallon, of a half gallon?

a bottle of vodka. you brought and what you took hack; what was the

thfference?

THE WITNESS, Half gallon; very little scotch, not

WITNESS: For the party and I was going to spend

WITNESS: No, I think lhat somebody else was

purpose?

I got a

right,

race, sir.

think you said South Boston?

fm os 3 know, M.

33 two

Mr.

half gallant.

my,

Gargan's and

and three

Q Sleeping?

A In the cottage.

A No, I wan not Beeping. I don't know what time I went

Q Where were dl the items that you cleaned up, in the Q When the putty that you just described wet left behind, 0 Who cleaned out the cottage? Q Could you Q They went with Mr. Gersten? A We put it in the white Valiant, yea. 0 And you left the island when? Q How did you get off the island? A Q And this was dune Saturday morning? 0 Immediately after being appmed of the fact that there Q So, two and one half hours epproximately? A That It right. A No, non closed Ito cottage up. A I would my so. A That la right, Mr. A Started walking up the rend and a lady and her daughter A Clappaquiddiek, you are talking of? Q At this time, while you were at the cottage, had you Q (By Mr. Fernandes) Mr, Crimmins, A 10:30, 11 00 o'clock.

A They hod gone. A The girls cleaned up the Mite. Roy LaRosa and I

A Thal

THE COURT. You are excused, Mr. Crimmins, and may leave to go home.

. MR. FERNANDES: No funnier questhara, your Honor. THE COURT: Anybody under the influence of drugs THE COURT: How much? and THE WITNESS: Drugs, no drugs al all, la. MR. FERNANDES: I think I will alert with Esther THE WITNESS: Thank you very much, your Honor. Newburgh, lf you 'deem. your Honor. received any Instruction. from anyone? THE COURT: Would you know or time any idea how much alcohol Mary Jo Kopechne consumed that night? THE WITNESS: None, and I took the beer out into that cottage other than what you brought? of the second bottle of rum. THE WETNESS, I have no idea what anybody drank of liquor that night? much. One full bottle of rum and about a half a bottle THE COURT: Did you THE COURT: Did you bee her do any drinking? THE COURT: Did you bring any beer? THE WITNESS: I caw - I might have, I'm not sure. TI1E WITNESS: I did not, sir. to bed; I'm not sum of the time. THE COURT: Was this the average almoner party where THE WITNESS: Yes, I did. picked to up in her beachwagon and offered at a ride. THE WITNESS: That us right. THE WITNESS: I brought two THE COURT: You can't possibly keep tiler/ that night? THE COURT: Was any liquot. additional Immo biougttt THE WITNESS: Couldn't keep tuck of anybody. THE COURT: Some might have gone far 12:43 that night, 11:15 p.m. tad 12:43 a.m.?

THE COURT: And the younger people danced? that night but myself.

had been an accident? while Valiant that was rented?

people were In and out and moving around a good deal? until opproximotely 11:307 THE WITNESS: They did, yes, sir. I went for walks place in myself earlier while it was tumking. drank alone Wednesday night. Yes. THE WITNESS: That is right, air. tion, there wet drinking done Thstrsdu night and I THE COURT: All right, f ham no further questions_ cleaned up the cottage, the debris, the girbt - LaRosa and 1.

ri.m la tile drinking which you lust described to the Court took

is right, sir.

half of beer, a case and three-quarten of beer.

tight

■

period principally from 8:30 or 9:00 o'clock

fell us

If you

where you were between 11:15 mid

see

are

anybody under the influence

thinking of the consump-

cases.

In It

you

safe to say that

sulks?

mean?

case Ray

- IS -

Present:

Before:

Q And you nil had mparale rooms, did you? Q All right. Now, do you know who? DIR Q Who made them arrangemenre for you? A p A There were Iwo girls. In two different A Y Q Could you tell us whether at not there came a rime Q And had you made plans or arrangements for staying Q W 0 She came with you also front Waithingion? Q Where? A The three of sea and Mr. Crimmins emompanied or A We came up to Q For the record, please, will you tell the Court your full A Mr. Gargan. A Q Did any people make reservations for you? A Q Could you tell sea when you arrived here? Q And how many of you checked into the Katama t.) Q You mean Woods Hole with Mr. Tremor end you ume A Q And your legal address? A Yen, I'm sorry, she came over on the host with us. A Not specific plans. We didn't Q And who A The Katam• Shores. Q Could you Q And you arrived here in Martha's Vineyard how? A W A Thursday. July 17. A Esther Rose Newburgh. Q Now, Miss Newburgh. 1 take A That is right. A Cricket Keough end Susan Tannenbaum. A

A By ferry. A Administrative Assistant, Urban Institute.

1,121

Harold T. McNeil and Sidney R. Lipman, Penes Gay, Assistant District

Paul Redmond, Esq. and Daniel Daley, Sr., Edgartown District Court Hon. James A. Boyle, Justice of the

Edmund Dinis, District Attorney for the Helen S. Tyra, Temporary Cowl Officer Thomas Teller, Clerk of Courts

Armand Fernandea, Assistant District Attorney,

Southern District of Massachusetts,

Crimmins tied a room.

Shure.? .

anywhere at that time?

A.And did July IBth and 19th you were on Martha's Vineyard We got to Woods Hole on the ferry with Mr. Tretter and Yen where Miss Kopechne also mined you there? to stay exactly.

to Martha's Vineyant? we were picked up on the other side.

hs,:mydo, Hula?

Your occupation?

.do

your own err

lie

EXAMINATION BY MR. FERNANDES:

, d

rsonDavis Highway, Arlington, Virginia.

tell us

they had, yes.

cheek into any hatch?

with you?

ESTHER

ESTHER NEWBURGH

watch

r or did you

the purpose of yout vino?

TESTIMONY

the

NEWBURG11, Sworn

Edgartown Remota.

Official Court Stenographers.

Attorney,

know where we

Tuesday, January 6, 19'10.

Edgartown, Messachneet Is

fly;

for the Commonwealth. 'het on the weekend of

for Father Newburgh,

how did you get to

1,00111N

were gran

and Mr.

Q How many girls checked checked girls many How Q

A Eventually, yes. yes. Eventually, A

Q Now, how long had you Maimed staying on Martha's Martha's on staying Maimed you had long how Now, Q

Q What day, Sunday? Sunday? day, What Q

Q Q

Q You don't know if you made the resyrvationa Had you you Had resyrvationa the made you if know don't You Q

A Plane reservationr back. I don't recall. recall. don't I back. reservationr Plane A

A Saturday or Sunday. Sunday. or Saturday A

A A

A Yes, we thought it would be over Saturday night or or night Saturday over be would it thought we Yes, A

Q Could you tell on when you first arrived on Chappequid. Chappequid. on arrived first you when on tell you Could Q

Q This was the 17th? 17th? the was This Q

A That is right. right. is That A

Q Could you tell us who was with you? you? with was who us tell you Could Q A Thursday evening. evening. Thursday A

A The three girls I have already mentioned, Mi. Lao= Lao= Mi. mentioned, already have I girls three The A

Q Do you recall where you went on Chappagulddlek that that Chappagulddlek on went you where recall you Do Q

Q Did there come a time - this is now Friday, the 18th? 18th? the Friday, now is this - time a come there Did Q

Q And you returned terEdgartown7 terEdgartown7 returned you And Q

Q Q A That is right. right. is That A

A Yea, we went to a cottage. cottage. a to went we Yea, A

Q Would you tell us when? when? us tell you Would Q

A Sometime around after 11 o'clock, but I am not sure sure not am I but o'clock, 11 after around Sometime A Q Would you tell us at this time where did you go in in go you did where time this at us tell you Would Q

A That is correct. correct. is That A Q I I o'cksck in the morning? morning? the in o'cksck I I Q

A Yea. Yea. A A Yes. Yes. A Q And from there where did you go? go? you did where there from And Q

Q And you hod occasion to go to Dyke Road and Dike Dike and Road Dyke to go to occasion hod you And Q A We went to the cottage that I mentioned. mentioned. I that cottage the to went We A

A We went swimming. swimming. went We A

Q Had any of the girls? girls? the of any Had Q

Q Had you been in Chappaquiddick prior to this visit? visit? this to prior Chappaquiddick in been you Had Q

A Nu, I. hadn't. hadn't. I. Nu, A

Q Now, you say we went swimming? swimming? went we say you Now, Q

A 'flues right. right. 'flues A

Q She could swim swim could She Q

Q 1 take it ell the girls? girls? the ell it take 1 Q

Q Could she swim, do you know? know? you do swim, she Could Q

Q Including Mire Kopechne? Kopechne? Mire Including Q A That is right. right. is That A

A Not to my knowledge_ knowledge_ my to Not A

A Yet. Yet. A

Q Q

A That is right. right. is That A

A Yes. Yes. A

A Very well. well. Very A Q Q

Q And what did you do after that? that? after do you did what And Q

A We returned to the mainland, if that is what they cell it. it. cell they what is that if mainland, the to returned We A

Q And haw long were you swimming? swimming? you were long haw And Q

A Approxiaismely 45 minutes to to minutes 45 Approxiaismely A

A Yes. Yes. A

(} And did you hare amnion amain to return to Chappo. Chappo. to return to amain amnion hare you did And (}

A That's right. right. That's A Q Approximately what time? time? what Approximately Q

A Approximmely 8:15. 8:30. 8:30. 8:15. Approximmely A A We were wearing them underneath our clothing clothing our underneath them wearing were We A

A Yes. Yes. A

Had Had

in those rooms, six girls? girls? six rooms, those in

bock. bock.

I I

Vineyard? Vineyard?

planned an leaving on a certain day? day? certain a on leaving an planned

Sunday; to we thought probably we would leave some. some. leave would we probably thought we to Sunday;

dick !eland? !eland? dick

another gentleman who wan a friend of the other two two other the of friend a wan who gentleman another time on Sunday. Sunday. on time

day? day?

gentlemen whose name I can't remember; I think it was was it think I remember; can't I name whose gentlemen

was there, there, was

YOU YOU

exactly when. when. exactly

Chappaquiddick? Chappaquiddick?

Bridge? Bridge?

In fact, did you have occasion to see her, observe her her observe her, see to occasion have you did fact, In

swimming on East Beach in Cheppaquiddick during the the during Cheppaquiddick in Beach East on swimming

etinddiek that thy? thy? that etinddiek

your swimming suite? suite? swimming your

weekend? weekend?

You teturned to Edgedown? Edgedown? to teturned You

You changed at the cottage, le that it, or did you bring bring you did or it, that le cottage, the at changed You

mid 1 didn't resell if I had made plane reservations reservations plane made had I if resell didn't 1 mid

you made motivations for keying? keying? for motivations made you

nimbi traveled to Chappaquiddick? Chappaquiddick? to traveled nimbi

Mr. Mr.

'Irene!, Mr. Crimmins, Mr. Dugan End End Dugan Mr. Crimmins, Mr. 'Irene!,

very very

well? well?

to to

or or

an an

were going to live there there live to going were

hour. Possibly more. more. Possibly hour.

56 - - 56

Q Prior to that lime between your return to Edganown Edganown to return your between lime that to Prior Q

Q We. Could you tell tell you Could We. Q

A We watched the Edmotown Remota. Remota. Edmotown the watched We A

Q And any of the other people who attended the party? party? the attended who people other the of any And Q

A Not with with Not A

A Meaning the girls in question. question. in girls the Meaning A

Q The girls? girls? The Q

Q Could you tell an how you came from the Clew- Clew- the from came you how an tell you Could Q

0 Whore cal? Do you know who was driving? driving? was who know you Do cal? Whore 0

A Yea. Yea. A

A I can't remember remember can't I A

A Yes. Yes. A

A By car. car. By A

Q Do you recall if it wire a big car or a small or, a a or, small a or car big a wire it if recall you Do Q

Q Do you know who was driving, Mt. Crimmins or Mr Mr or Crimmins Mt. driving, was who know you Do Q

Q How many of you were in the car? car? the in were you of many How Q

Q Mr. LaRosa? LaRosa? Mr. Q

A I will say about five people. people. five about say will I A

A 1 don't know which car It was. was. It car which know don't 1 A

A No, I don't remember. remember. don't I No, A

Q Q

A Yea. Yea. A

A I don't remember which one. one. which remember don't I A

Q Prior to that time had there been any drinking going on on going drinking any been there had time that to Prior Q

A No. No. A

Q Had you had dinner that day or eaten that day? day? that eaten or day that dinner had you Had Q

Q In addition to Me. Kennedy, waa anybody else besides besides else anybody waa Kennedy, Me. to addition In Q

A Yes, we had eaten on the bent when we watched the the watched we when bent the on eaten had we Yes, A

Q Who was at the cottage when you arrived? arrived? you when cottage the at was Who Q

A I moll at one point everyone was in the cottage. Mr. Mr. cottage. the in was everyone point one at moll I A

Q How was it determined that you would naive of the the of naive would you that determined it was How Q

A Senator Kennedy Kennedy Senator A

Q So it it So Q

Q And at that time you don't know. other than Mr. Mr. than other know. don't you time that at And Q

A Mr. Crimmins was them. them. was Crimmins Mr. A

Q Was Was Q

A That is right. right. is That A Q Well, were they sitting down watching television. listen- listen- television. watching down sitting they were Well, Q Q Woe Ms. Gingen there? there? Gingen Ms. Woe Q

Q Could you tell as what activity activity what as tell you Could Q

Q Were they Moldy the cottage? cottage? the Moldy they Were Q

A Yea. Yea. A

A Yes. Yes. A

Q And what did you do upon arriving there? there? arriving upon do you did what And Q

A Can you defuse ectivity? ectivity? defuse you Can A Q Could you tell us as you hest remetnher whet there was was there whet remetnher hest you as us tell you Could Q

A Yes. Yes. A Q Are you nee there wax idol idol wax there nee you Are Q

Q Did it come to your attention that there were various various were there that attention your to come it Did Q

A Yea. Yea. A

A No people were Winding there waiting for us to arrive. arrive. to us for waiting there Winding were people No A

Q Could you tel us whew this drink drink this whew us tel you Could Q

A We ell greeted rads other and talked. talked. and other rads greeted ell We A

A There waa r satiety of dery There von Coca-Cola; Coca-Cola; von There dery of satiety r waa There A

A No, it could here been Vodka. It could have been been have could It Vodka. been here could it No, A

A In the kitchen met met kitchen the In A

. .

We were told that Mr. LaRosa would come and pick us us pick and come would LaRosa Mr. that told were We

and your return to Cluppequiddick, would you tell us us tell you would Cluppequiddick, to return your and

what your activities consisted ol? ol? consisted activities your what

approximately 11,15, 8:30? 8:30? 11,15, approximately

Now, you say you arrived al 8:15 8:15 al arrived you say you Now,

paquiddick ferry area to the cottage? cottage? the to area ferry paquiddick

compact car. car. compact Gorgon? Gorgon?

Inc Inc

8:15 or 8:30? 8:30? or 8:15

by any of the girls anywhere? anywhere? girls the of any by

Regatta. Regatta.

cottage at approximately 8:15 or so? so? or 8:15 approximately at cottage

Outgun, Mr. Crimmins. Crimmins. Mr. Outgun,

o o

the girls and whoever drove you? you? drove whoever and girls the Kennedy, who else wu present? present? wu else who Kennedy,

the ferry to the cottage. cottage. the to ferry the

arrived? arrived?

ing to the radio, talking, drinking? drinking? talking, radio, the to ing

It was set up? up? set was It

things to eat end drink at that time? time? that at drink end eat to things

to drink? drink? to

else. else.

Scotch. I am not lure I know there was rum. rum. was there know I lure not am I Scotch.

there win rum, there was gin. I really don't recall what what recall don't really I gin. was there rum, win there

any event, you came to the cottage at approximately approximately at cottage the to came you event, any

Mr. Mr.

was was

U5 U5

Markham there? there? Markham

Mr. LaRosa who most likely drove you from from you drove likely most who LaRosa Mr.

an that boat. boat. that an

wee it the the it wee

us us

who epecificaily? epecificaily? who

cottage. cottage.

wan wan

on on

wan wan

going on when you you when on going

Chappaquiddick, Chappaquiddick,

set up end how how end up set

t t

Q Now, your watch said 11:307 11:307 said watch your Now, Q

A That is correct. correct. is That A

Q What makes you lay 11,30? 11,30? lay you makes What Q

() Can you tell on when? when? on tell you Can ()

(,) Print to his leaving did you become aware that Mr Mr that aware become you did leaving his to Print (,)

A I have a nthm large watch that I wear alt the the alt wear I that watch large nthm a have I A

A 11:30. 11:30. A

A Yes- Yes- A

A / didn't hear the question. question. the hear didn't / A

Q Now. mart from the oding and drinking did there come come there did drinking and oding the from mart Now. Q

A No, I didn't. didn't. I No, A

o o

A We worked for Senator Robert Kennedy's bmther. bmther. Kennedy's Robert Senator for worked We A

Q Q

• •

A That's right. right. That's A

Q Was she staying with you? you? with staying she Was Q

A A

Q A and? and? A Q

A Yea. Yea. A

Q Do you recall recall you Do Q

A Yes. She had on slacks, r white shin and • scarf that that scarf • and shin white r slacks, on had She Yes. A

Q Yes, please. please. Yes, Q

A Yes, we did. That was really the hunt for it. That That it. for hunt the really was That did. we Yes, A

A There There A

A Yes. We told campaign stones. We talked Ibout a variety variety a Ibout talked We stones. campaign told We Yes. A

Q Can you tell on what activity again as I described it it described I as again activity what on tell you Can Q

Q Do you know whet It was? was? It whet know you Do Q

Q Did he pour any for himeelf that you row? row? you that himeelf for any pour he Did Q

A 1 A

A No. I I No. A

Q Did you see him pour a drink? drink? a pour him see you Did Q

Q Q

Q How do you know It was rum, not Coo-Cola? Coo-Cola? not rum, was It know you do How Q

A That is why I really don't know. know. don't really I why is That A

A lust when I walked in the muter he poured mine. mine. poured he muter the in walked I when lust A

A t saw him with a glass in his hand, hand, his in glass a with him saw t A

A I don't really recall. She [nay have had a glass in her her in glass a had have [nay She recall. really don't I A

Q Q

A No, I didn't see her drinking. drinking. her see didn't I No, A

Q Arid with what? what? with Arid Q

A Tonic. Tonic. A

Q Q

A Either Vodka or gin. gin. or Vodka Either A

Q Could you tell tell you Could Q

Q All right. Did you hove anything to drink? drink? to anything hove you Did right. All Q

A No, No, A

A I think it was something like Vodka. Vodka. like something was it think I A

A Yes. Yes. A

Q Do you recall specifically what sire bottles there were? were? there bottles sire what specifically recall you Do Q

A That is right. right. is That A

lW heal Al Al heal lW Kennedy left it a =rein time? time? =rein a it left Kennedy

• •

observe either Miss Kopechne or Mr. Kennedy during during Kennedy Mr. or Kopechne Miss either observe

this fink? fink? this

But you were close friends and had blown her for for her blown had and friends close were you But

THE COURT: Had been for tome lime? lime? tome for been Had COURT: THE

several years? years? several

THE WITNESS: Yes Yes WITNESS: THE

TILL WITNESS: Yes. Yes. WITNESS: TILL

You didn't room with her to Washington? Washington? to her with room didn't You

THE COURT. Were you close friends? friends? close you Were COURT. THE

Yes, Yes,

And her clothing clothing her And

THE. COURT: This This COURT: THE.

MR. FERNANDES: Mary Jo Kopechne. Kopechne. Jo Mary FERNANDES: MR.

Sho was in your room? room? your in was Sho

belonged to me and a chain hell. hell. chain a and me to belonged

cooked outside. outside. cooked

the reason we were them, and there were steaks being being steaks were there and them, were we reason the

Did yod eat? eat? yod Did

THE WITNESS: Do you want me to continue? continue? to me want you Do WITNESS: THE

MR. FERNANDES: I am witty, your Honor. Honor. your witty, am I FERNANDES: MR.

of different things. things. different of

THE COURT: I am sorry, when you stand stand you when sorry, am I COURT: THE

culler took place after the Initial greeting and the drink. drink. the and greeting Initial the after place took culler

trig at nod lime? lime? nod at trig

cannot hear the witness. witness. the hear cannot

hand, but I don't know what wan in it. it. in wan what know don't I but hand,

anything at till? till? at anything

Did you have occasion to see Mr. Kennedy drinking drinking Kennedy Mr. see to occasion have you Did

Do you recall whether Mary Jo had anything to drink? drink? to anything had Jo Mary whether recall you Do Al any time? time? any Al

And what? what? And

Were there bottles on top? top? on bottles there Were

time when you had had you when time

0111 0111

7.1w 7.1w

she was In my room. room. my In was she

I I

not positive. It may hove been rum. rum. been hove may It positive. not

wasn't wasn't

cap cap

don't. don't.

It. It.

s s

a radio and we listened to that. that. to listened we and radio a

really watching. watching. really

how h1417 Jo WAS WAS Jo h1417 how

us what? what? us

was was

ls ls

In your room? room? your In

Mary Jo you are speaking or/ or/ speaking are you Jo Mary

---

occasion occasion

•

deemed that day? day? that deemed

771111r4

during this time to to time this during

time and and time

over over

1.o

there I I there

was was

- 5? 5? -

I I

A No. We swam for approximately an hour. hour. an approximately for swam We No. A

Q You hod been swimming all afternoon or part of of part or afternoon all swimming been hod You Q

A No. No. A

Q Tell me, had Mary lo told you that she didn't feel welt? welt? feel didn't she that you told lo Mary had me, Tell Q

A I don't recall because es you know, it is • small cottage. cottage. small • is it know, you es because recall don't I A

Q Do you know whether or not there wa a conversation conversation a wa there not or whether know you Do Q

Q Mr. Crimmins was was Crimmins Mr. Q

A Mr. Queen. as far far as Queen. Mr. A

Q Yes. Yes. Q

A Mr. Crimmins. Crimmins. Mr. A

Q And who else wee with you it that time {cast prior to his his to prior {cast time that it you with wee else who And Q

A In the living room? room? living the In A

Q Where had he come from, if you know? know? you if from, come he had Where Q

Q They were walking out together? together? out walking were They Q

A That is right_ right_ is That A

A The living room. room. living The A (5 Of the living room. room. living the Of (5

A The screen door was open. open. was door screen The A

Q And were you able to tell whether he was &done or not? not? or &done was he whether tell to able you were And Q

A Mho Kopchne was directly behind hint. hint. behind directly was Kopchne Mho A

A That's right. right. That's A

A At the door. The screen door was open. I mw him walk walk him mw I open. was door screen The door. the At A

Q Where was he? he? was Where Q

(5 Do you recall seeing him out anyone for the keys to the the to keys the for anyone out him seeing recall you Do (5

Q Well, where were you when you um him leave? leave? him um you when you were where Well, Q

A In the living room. room. living the In A

A No. No. A

Q You don't know, you say you don't know, you didn't didn't you know, don't you say you know, don't You Q

Q How many drinks did you twee that night? night? that twee you did drinks many How Q

A I think two. two. think I A

Q —did you form an opinion on to anyone's condition condition anyone's to on opinion an form you —did Q

A Sober. Sober. A

Q With referen. to 'anyone else at the party and their their and party the at else 'anyone to referen. With Q

Q Did you see them leave? leave? them see you Did Q

A Yee Yee A

Q When was the eat time you aw Mira Kopechne? Kopechne? Mira aw you time eat the was When Q

A Roughly I I .30. .30. I I Roughly A

Q Yes_ Yes_ Q

A Yes, Yes, A A Sober. Sober. A

Q Were you able to form an opinion with reference to to reference with opinion an form to able you Were Q

A You mere the effect if they had been thinking? thinking? been had they if effect the mere You A

A 1 don't know how many drinks they had. had. they drinks many how know don't 1 A

Q Prior to their loving we were talking about the activity activity the about talking were we loving their to Prior Q

4,-,

Q Between 8:30 and 11:30, the panty activity, was it it was activity, panty the 11:30, and 8:30 Between Q

A to the cuttage. r was helping Mr. Gingen outside for for outside Gingen Mr. helping was r cuttage. the to A

There were a of of people in the living room. I MM MM I room. living the in people of of a were There

noticed them a( the door. door. the a( them noticed

between Mr Kennedy and Mr Crimmins prior to this? this? to prior Crimmins Mr and Kennedy Mr between

Mr. Mr.

loving? loving?

Where you were? were? you Where

out. out.

know where Mr Kennedy was going? going? was Kennedy Mr where know

car? car?

other than Miss Kopechnee end Senator Kennedy's? Kennedy's? Senator end Kopechnee Miss than other

condition ere to drinking! for— for— drinking! to ere condition

many drinks they had, if tiny? tiny? if had, they drinks many

Min Kopechne Kopechne Min

TILE WITNESS: That in right. right. in That WITNESS: TILE

THE COURT: And you were rooming together? together? rooming were you And COURT: THE

THE. WITNESS: No, I didn't. didn't. I No, WITNESS: THE.

end your occasion to observe these people particularly particularly people these observe to occasion your end

their condition as to drinks specifically? specifically? drinks to as condition their

THE COURT: You didn't know that she was leaving? leaving? was she that know didn't You COURT: THE

THE WITNESS: Well, Mr. Fernandes asked me what what me asked Fernandes Mr. Well, WITNESS: THE

as her mince you were rooming with her and were close close were and her with rooming were you mince her as

know where they wore going. going. wore they where know

friends? friends?

THE COURT: Why didn't you go back at the same lime lime same the at back go you didn't Why COURT: THE

time I saw them walk out of the cottage, but I didn't didn't I but cottage, the of out walk them saw I time

MR. FERNANDES: Yea, at • large watch she was wear. wear. was she watch large • at Yea, FERNANDES: MR.

Mary Jo left at 11:30 because she looked at a watch? watch? a at looked she because 11:30 at left Jo Mary

cottage. It It cottage. THE COURT: Excuse me. Did Did me. Excuse COURT: THE

confined mostly in the cottage or outside the cottage? cottage? the outside or cottage the in mostly confined

while, but It was a eery hot night night hot eery a was It but while,

"711',"

Markham, Me. Teener and Mr. LaRosa. LaRosa. Mr. and Teener Me. Markham,

•

- -

was canter canter was

and and

an an

an I I an

the Ovine room Who else? else? Who room Ovine the

Mr. Kennedy. You don't know how how know don't You Kennedy. Mr.

can remember, all the other girls, girls, other the all remember, can

there. there.

she say that that say she

SO SO

it was inside the the inside was it

she knew knew she

tins tins

3 3

Q But she partook of this, she was twimnting7

Q But you were having

Q And aim didn't complain to you at any time? A Yes, None of us A Yes.

Q Did you have occasion to ice her eat?

Q Did she complain about the food or nay anything about A No. A Yea. Q You cooked it an she wouldn't complain?

A No. I cooked IL

Q But she ale it? A That's right. Q

A Yes.

Q A Yea.

Q A Until the hut ferry went beck.

A Them had been a discussion that perhaps the ferry

Q Do you recall when this discusnon took place?

Q Was it before or after Mr. Kennedy left?

A I don't recall. Q A I am

Q Was there a mention of 520, for example, to ask if he A Yes.

Q And as far as you know, Mr. Crimmlna A Sonic question of write •mount of money, he might be

Q In any event, they left and it is 11:30 and you mid you A I don't reran the convcreation completely, .d I don't

Q What did you do between 11:30 and 12:00?

Q Was there any talk about going back? A Yes. A Continued to talk.

A Yea. There was some concern about whether we could

Q As you heal remember, who said what?

Q That is understandable. but as best you remember. do A It was tix months ago and I most loll you that I can't

Q Were there any cars left after Mr. Kennedy look the A The girls were concerned. We wanted to get back and

Q How many cars were left?

Q Was this the while Valiant that was outside? A Yes.

Q When Mils Kopechne left, did you set her purse? Did she A 1 believe one car. A

Q Fine. Did anyone suggest taking the car that was there

Q At 12 o'clock what was your activity as you best re-

How long had you planned to stay at Chappaqulddick And she left?

A No.

Q And between 12;00 and 12:30 - it in now after 12:00? that evening?

Do you know what time that was? Q Was there any conversation or concern about getting

driver could he persuaded to let the ferry stay longer

A Everyone in the party camps Senator Kennedy and

A Yes.

Before he left there wai a conversation In effect that

ment." to hold the ferry"? "We hare to gel the 12 o'clock ferry or make arrange-

persuaded to stay.

would stay • little longer?

remember who was

thin conversation, end Mr. Markham and MI. Garvin? observed that on that large watch which you wear?

make the ferry.

remember who said what.

you recall the girt of the talking?

earl

we wanted to make sure we would catch the ferry.

Yen.

take the purse with her?

were leaving through a screen door and I didn't see her take the purse. I caught them - they

I didn't

think from behind and 1 think the Senator was in front.

to the ferry at 11:30 or before 12 o'clock? member it? Who wan them at 12 o'clock that you can remember?

Mary Jo

beck to the mainland, Edgartown, that awning?

SUM

It was before he left.

have a

were

clear view.

■

there.

in the water nay long.

good lime?

COMICIVOSOR Or

was

saw Mary Jo I

pement In

who was

•

Q Arid what was the conversation?

Q And what was the conclusion? A The conversation was, "Ham we missed the ferry?"

5B - A Yes.

La So

A 1 don't recall a specific conclueion. The men were talk-

Q And perhaps steel drinking a little?

Q Were you aware that Mr. Kennedy returned to the

A That is right.

A (No impolitic.)

Q A No.

Q A Yes, he wee. Q A Yes they were all there.

A Mr. LaRosa walked outside for e few minutes_

A It strikes me Out it was sometime between - I am not Q After 12:30 or before 12:157

Q Su it in Lk to say It b after 12:30?

Q Between 12:30 and quarter of 1:00? A Right. A I'm not sure exactly. Q You mean 12:45?

A Not

Q A I will say after 12:15. Q What did he say?

A Yes.

Q What did he do? Show the Judge. A I didn't see him say anything. I taw him motion to Mr. Q Whet did he do? A You mean how he motioned?

A Ile did essentially whet you did.

Q A Essentially.

A They walked out the door. I don't know if it was tide

Q They walked out together not necessarily side by aide. A Together. Q Immediately after they had gone outside?

Q Was anything said at that time? A Yea.

A Yes.

A Nut to me. ing end eventually, litter than 12:30, we realimd there

Q Did he any Mr. Kennedy lust called me over?

Q To anybody? A Not to me. wan no chance of getting on the ferry. A He didn't my it to me Q zoom fur the moat pert and discussing whatever was prior to Mr. Kennedy leaving, everyone in the tieing

A I don't know. discussed? 0 And to whom did he say what? 12:00

A Yea. I did. colt age? Q Could you ten an who? A That the Senator had been outside, he said to /someone,

Q Because they went outside?

and Mt. Gaman being present and Mr. Crimmins? Between 12:00 and 12:30 do you recall Mr. Markham A I don't know. I know Than Q Did you see Mr. Markham and Mr. Grupe return? A That as right.

Did there come a time - was Mr. LaRosa there also, by

Did there come

the way? Do you recall what time that was?

sure exactly, but I would say after 12:30 or before

12: I

Did you sec him return?

Gorgan and Mr. Markham.

He put waved kb arm and rinked him to come out?

Mr. Markham and Mr. Gingen went out together as you remember?

by side, but the same time. Not ten minutes apart.

Well, either together or not topther, winch wen it? Did Mr. LaRosa return to the cottage?

By him?

body? Did you subsequently find out that he said it to some-

but once again this could be what 1 reed.

Mr. Markham.

understand it now, the party continued between

and 12:30 essentially as it had been going on

lam as quarter of 1:00.

time when any one of them left?

said it to Mr. Gamin and

() What time approximately?

Q Did you observe their appearance prior to leaving?

Q Q Q Did you observe their appearance when they returned? A Yes. A later that evening I did, yea Q Q Some time after they returned? A After 2 o'clock. A A That is right.

A Mr. Gargan, when he came back we were in the living

Q tie looked tiled? A Red in the face and exhausted. A Q How ebout Mr. Markham? A Yes. Q Was Mr. Crimmins there at thel time? A I was concerned mostly Is trying to get to sleep and I Q Could you tell me where he was staying? Had he been

A Yea, he was. Q Well, pie.. let me rephrase the question. Let's find out A Who?

A Some of Inc went to deep, tried to. We started to change

Q Who is everyone else who had left the party?

O is it safe to my that after Mr. Markham and Me. Gam A The Senator, Mary Jo and Joe Gargan end Mr. Mark-

() Sometime after 1:00. A That's right. Some people were standing in the front Q

A Sometime after I o'clock

Q Do you know how long befure L o'clock?

Q Q Was Mr. Crimmins in the cottage or outside the cottage? A Q () And Mr. Grupe and Mn. Markham came back. Was there 0 And they returned sometime after 2:00? A No.1 think before I:00.

Q A No.1 don't know exactly haw long before I:00. A Yes.

A Inside the cottage.

A He was in the living room and he had a bedroom and he

Q You leaked Who? Who Is we? Who risked?

Q By anybody, conversations. -gI A Wan there soy discussion by whom? A For W

A Yea We asked where Mary Jo wan.

What time did Mr. Gargan and Mr. Markham leave,

Tannenbaum was because we were alongside the, side by came in and collapsed. room on the couch. Miss Tannenbaum and I. Mr. Gargan and NU LaRosa. I think Mr. LaRosa. I know that Miss

appear/ Did he appear any different?

been through you would let rne lie there." How did he Gargan walked to the couch with Mr Meddler., and he side on a couch. a big couch in the living room. Mr. Miss irk almost fell et the bottom of my ankles. He said to me.

You said Mr. Cogan mid, "If you knew what I have am exhausted; if you knew what I had been through You are in the living room, and who else is there?

out, do you know? wasn't looking at thorn very specifically. you would let me lie there Please let me lie there." "Please gel up," and he said something to the effect, "I

returned?

rooms at that point. The two Lyons gone, what was the activity at the party until they what happened_ After Mr. Markham and Ids. Cagan had ham. one of the bedrooms after shout an hour, after everyone else had left the party.

left girls were in the bedroom. yard, some people were in the bedroom. The two Lyons

".i,.

What time wee thie7 wonetinte Mier 1:00?

room.

hadhd .discussion by anybody other than what Mr. Grogan

And do you know where specifically?

was going beck and forth, I think. Mostly in the living And that is where you were?

the

that

Tannenbaum and myself were in the living room, a lime. I said?

the activities at the party diminialred7

any difference?

was out In the ftnnt yard

sisters

went Into

- 59 -

7r=

(.) The two Lyon!' sisters said,

Q Was shirt In the piesenee of Mr. Markham and Mr. A The two Lyons listen.

Q A We were ranking each other the question and when we

Q A No. Q What time was that? O So just the three girls made the inquiry? A Al some point biter on in the reeving Mr. Gorgon told Q A The !hive of on were in the bedroom. A Well. she had taken the car. I don't know. II is very Q What exactly did he my, rf you remember? Q A He told on before 3 o'clock. A Yes.

Q Q A The two Lyons girls were sleeping on one A Well, I mane it was the two gide that were in the A Yes. Q The Lyons girls? Q A Yea. A I can't be sure. A Yes.

A Underneath the table in the living room. Q Was there any other conversation about what had hap- Q Do you know if the key to her room was In it? A No. Q Where did you find lt? Q How did she get into the room? A Yea. A I don't think the key to her room was In it. 1 think Q

A No, not to me A I don't know. Normally in a motel you can get extra

minds that she must he back in the motel and she wan lucky, she was asleep. answered each other A was sort of - we didn't ask any of the teen. We asked each other. We determined in our whom did they eddreas themselves?

Garen? In whose presence was it?

us that the Senator swam across. Didn't you oak Mr. Gargan what he meant when he said,

my own mind then assumed that Mary Jo was back at

Do you know who Mr. Gargan was addressing, or who- confusing now. 1 am exhausted"? room. ever

what I

Well, how did you conclude that? the motel. the floor. Mr. Grogan was sitting on the other bed so Mary Jo? to the effect that the Sermon He was eddreming himself to the Lyons Did anyone else say anything about what had happened? had lt. lie was telling the two girls in the room with you? Did you find Mary Jo's purse? THECOURT: You have worked together at mime time? THE COURT: Sec if I get this straight_ You arc six gob. THE COURT- You formed one group? o'clock, whenever the time Is that you are describina? keys to a THE WITNESS: That'. right. THE WITNESS Did you happen to look into it al all? THE came the next morning. THE WITNESS. Except for the Iwo THE COURT: Do you know each other quite well? THE WITNESS: That la right. pened that night by anyone that morning, 2 o'clock, 3 Wea THE WITNESS: Yea. THE COURT: And you all reaped at the same motel? THE WITNESS: Yes. THE WITNESS: Yea. THE COURT: Did you come to the Island together?

the Regatta together?

You are all Daintily. Do you all know each other?

_-7v1:7ik

this after they hod made an inquiry where was

COURT: YOU

was that said that the Senator swain

got

.'7

room.

was muffled. 1 heard him saying something

Yes.

du everything together, you watched

Where

swam

•

across and perhaps

Mary Jo," and to

girle

Lynn.

bed.

across?

Beal

I was on

who

going to be an ev an be to going

THE COURT. And it Is your imderstanding there is is there imderstanding your Is it And COURT. THE

TIIE WITNESS: That's right. right. That's WITNESS: TIIE

THE COURT: Now, suddenly the one closest to you, you, to closest one the suddenly Now, COURT: THE

er? er?

THE WITNESS: That is right. right. is That WITNESS: THE THE COURT: And you are invited to a cookout togeth- togeth- cookout a to invited are you And COURT: THE

THE COURT: And you will return to your motel? motel? your to return will you And COURT: THE

TIIE WITNESS: Yea. Yea. WITNESS: TIIE

T WITNESS: WITNESS: T THE COURT: Now. no far as you know nothing it mid mid it nothing know you as far no Now. COURT: THE

THE WITNESS: Yea. Yea. WITNESS: THE

same time time same

THE. COURT: Am I correct? correct? I Am COURT: THE. THE COURT: Old you see Mr. Kennedy leave at the the at leave Kennedy Mr. see you Old COURT: THE

TIIE WITNESS. Rig WITNESS. TIIE THE WITNESS: That's right. right. That's WITNESS: THE

THE COURT: Al 11:301 11:301 Al COURT: THE

Senator Edward Kennedy !allows a saddened Ethel {Robby's widow) and wile loan two church at Mary lo's lo's Mary at church two loan wile and widow) {Robby's Ethel saddened a !allows Kennedy Edward Senator

leaves. You we het leave_ leave_ het we You leaves.

the One spying in the room in wfach you are slaying slaying are you wfach in room the in spying One the

THE COURT: That the u nor going hack le the motel? motel? the le hack going nor u the That COURT: THE

THE WITNESS: Yes. Yes. WITNESS: THE

TIIE COURT: Now, you make an assumption? assumption? an make you Now, COURT: TIIE

THE WITNESS: That is right. right. is That WITNESS: THE

THE WITNESS: I assumed 'enrol things that either she she either that things 'enrol assumed I WITNESS: THE

THE WITNESS_ That's right. right. That's WITNESS_ THE

THE COURT: She Is going outside? outside? going Is She COURT: THE

THE COURT. Without her Baying a single word Ira you you Ira word single a Baying her Without COURT. THE THE. WITNESS' No. t didn't make that assumption. assumption. that make didn't t No. WITNESS' THE.

by her to you, her roommate. or to to or roommate. her you, to her by

assumption that it was a long day watching that race. race. that watching day long a was it that assumption

THE COURT: Now, suddenly Inter two of the men leave? leave? men the of two Inter suddenly Now, COURT: THE where the is going? going? is the where

or to enyone elan •t that party? party? that •t elan enyone to or

her track to the motel so that she could get worm rest. rest. worm get could she that so motel the to track her

she was exhausted, and the Senator wag probably driving driving probably wag Senator the and exhausted, was she

THE WITNESS: Yea Yea WITNESS: THE

was going into the front yard and and yard front the into going was

THE COURT: Under unusual dreurnatances? dreurnatances? unusual Under COURT: THE

THE WITNESS- They weren't particularly unusual to to unusual particularly weren't They WITNESS- THE

Yes.

ening cookout? cookout? ening

ht. ht.

41..• 41..•

anyone anyone

biter I I biter

else. as to to as else.

had the the had

- 60 - - 60 -

THE WITNESS: Well, I didn't hear anything unusual unusual anything hear didn't I Well, WITNESS: THE

THE COURT: Why not? not? Why COURT: THE

THE COURT: When somebody cornet In and nods and and nods and In cornet somebody When COURT: THE

suddenly two men leave? leave? men two suddenly

TOE. COURT: Nothing is raid, aortic swat of some kind kind some of swat aortic raid, is Nothing COURT: TOE.

me. Why would they have been? been? have they would Why me.

THE WITNESS: Not an unusual nod, just • motion. motion. • just nod, unusual an Not WITNESS: THE

THE COURT: And two men leave the patty? patty? the leave men two And COURT: THE

THE WITNESS: Nothing is said that I heard. heard. I that said is Nothing WITNESS: THE

Is given? given? Is

There has been mime talk about there can he a later later a he can there about talk mime been has There

THE COURT: You know the ferry leaves at 12 o'clock. o'clock. 12 at leaves ferry the know You COURT: THE

THE WITNESS: Yes. Yes. WITNESS: THE

TIIE WITNESS: That to right. right. to That WITNESS: TIIE

go back to your motel/ motel/ your to back go

you are expecting, you and the other girls, expecting to to expecting girls, other the and you expecting, are you

ferry for an extra Payment of money, so at that time time that at so money, of Payment extra an for ferry

THE COURT: Now, did you ruddenly discover also also discover ruddenly you did Now, COURT: THE

said. said.

THE WITNESS. This was much later that there weren't weren't there that later much was This WITNESS. THE

snore transportation? transportation? snore

Till? COURT: Now, certainly at that point iontobody iontobody point that at certainly Now, COURT: Till? body sulk out anti me two motor vehicle& gone, no no gone, vehicle& motor two me anti out sulk body

THE WITNESS: We think so. so. think We WITNESS: THE

THE WITNESS: Ya. Ya. WITNESS: THE there am no more vehicles in the yard? Didn't some- Didn't yard? the in vehicles more no am there

THE COURT: At some time you knew that there was was there that knew you time some At COURT: THE

any cars left after we knew we had missed the ferry. ferry. the missed had we knew we after left cars any

no molt In molt no

been some discussion. You are quite intelligent girls, are are girls, intelligent quite are You discussion. some been

must have mid aomethine, there must certainly have have certainly must there aomethine, mid have must

THE WITNESS: Not after we we after Not WITNESS: THE

that night? night? that THE COURT: You expect to get back to your motel motel your to back get to expect You COURT: THE

THE WITNESS: That is cooed, but after approximately approximately after but cooed, is That WITNESS: THE

about the ferry to he used for extta compensid.st. compensid.st. extta for used he to ferry the about

THE COURT' Well, you told me thet then was talk talk was then thet me told you Well, COURT' THE

you not? not? you

Rage Boyle. Boyle. Rage

1 o'clock we realized that we weren't going to go hack hack go to going weren't we that realized we o'clock 1

naportaliona naportaliona

knew we we knew

mimed thr ferry, ferry, thr mimed

Q Mr. Markham Mu on your leg or wits on a couch where where couch a on wits or leg your on Mu Markham Mr. Q

A chat la right. right. la chat A

Q (By Mr_ Fernandes) They have town hock. Meantime, Meantime, hock. town have They Fernandes) Mr_ (By Q

Q I'm sure, but I'm just Hying to find out who wan there and and there wan who out find to Hying just I'm but sure, I'm Q

Q fly Mr. Fernandes) Miss Newburgh, you said we won- we said you Newburgh, Miss Fernandes) Mr. fly Q A 1 didn't talk to everyone. everyone. to talk didn't 1 A

Q Now It la we ill wondered, meaning everyone that was was that everyone meaning wondered, ill we la It Now Q

A The two Lyons sisters and tureen and sisters Lyons two The A

think, after Mr. Cagan and Mr. Markham returned. returned. Markham Mr. and Cagan Mr. after think,

THE COURT: I don't think you should push any mme mme any push should you think don't I COURT: THE

come back and say - - say and back come

w MR. FERNANDES, All right. right. All FERNANDES, MR.

THE COURT: Well, you are not talking about after the the after about talking not are you Well, COURT: THE

the the

WC WC

We. I ant trying to find nut who we In and then they they then and In we who nut find to trying ant I We.

left behind after Mr. Garners and Mr. Markham left? left? Markham Mr. and Garners Mr. after behind left

THE WITNESS: That is correct. correct. is That WITNESS: THE

MR. FERNANDES, No, I'm talking about whet the said; said; the whet about talking I'm No, FERNANDES, MR. men returned. returned. men THE COURT: Your title u Administrative Assistant? Assistant? Administrative u title Your COURT: THE

where they went. went. they where

dered where where dered

who said what similarly to what his Honor was meting_ meting_ was Honor his what to similarly what said who

we'? we'?

TIIE COURT: I have no further questions. questions. further no have I COURT: TIIE

THE WITNESS: (No response.) response.) (No WITNESS: THE

seem to be at all unusual? unusual? all at be to seem

11IE WITNESS: It wasn't a question of desertion. We We desertion. of question a wasn't It WITNESS: 11IE

THE COURT: Well, you could think of no reason why why reason no of think could you Well, COURT: THE

gone back and deserted you? you? deserted and back gone

not even a by-your-teave, didn't excite you at ell, didn't didn't ell, at you excite didn't by-your-teave, a even not THE COURT: And you thought thought you And COURT: THE

portation available without saying a single word to you, you, to word single a saying without available portation

the two men should leave you and lake Ike last trans- last Ike lake and you leave should men two the

THE WITNESS: We had no reason to be unduly unduly be to reason no had We WITNESS: THE

were on an island with two friends. friends. two with island an on were Senator was al the Shire,. Inn. Inn. Shire,. the al was Senator

one single word to each other? other? each to word single one

THE COURT: Not even sufficiently concerned to ray ray to concerned sufficiently even Not COURT: THE

the motel. We monied that she was. We assumed the the assumed We was. she that monied We motel. the hone. In retrospect we were wrong. She was not back at at back not was She wrong. were we retrospect In hone.

THE WITNESS: We all wanted to go back that night. night. that back go to wanted all We WITNESS: THE

pen. We had all worked together, most of us anyway. anyway. us of most together, worked all had We pen.

Sudd

stay that night at the island nothing was going to hap- to going was nothing island the at night that stay

mil mil

THE COURT: That wasn't my question. The nutter nutter The question. my wasn't That COURT: THE alarmed. We were friends. We knew that If we had to to had we If that knew We friends. were We alarmed.

THE COURT: Your orieinel plan was to may together. together. may to was plan orieinel Your COURT: THE

THE WITNESS: We wondered where Miss Kopechne was. was. Kopechne Miss where wondered We WITNESS: THE

We wondered where everyone was, but we made assump. assump. made we but was, everyone where wondered We

caused this; this; Isn't the plan"? plan"? the Isn't this; this; caused

TIIE COURT: None of you said, "What happened, what what happened, "What said, you of None COURT: TIIE among you? you? among THE WETNESS: We wondered where Me. German and and German Me. where wondered We WETNESS: THE

THE COURT: Any discussion? discussion? Any COURT: THE

TIIE WITNESS, That the can were gone? gone? were can the That WITNESS, TIIE

Wend and none of you girls said anytlung to each each to anytlung said girls you of none and Wend

THE WITNESS We knew- knew- We WITNESS THE

wasn't even brought up in any any in up brought even wasn't

Mr_ Markham had gone. gone. had Markham Mr_

THE COURT THE

happening, where are the motor vehicln, where is our our is where vehicln, motor the are where happening,

get heck to the motel; what are we going going we are what motel; the to heck get

THE WITNESS, And Mary Jo Kopechne. Kopechne. Jo Mary And WITNESS, THE

transportation," no question of any kind are discussed discussed are kind any of question no transportation," TIIE WITNESS: That is right. right. is That WITNESS: TIIE

THE COURT, Yea, and Mr. Kennedy. Kennedy. Mr. and Yea, COURT, THE

about. "Are we left hem on our own, are we going to to going we are own, our on hem left we "Are about.

between youmelves, none of you girls had any discussion discussion any had girls you of none youmelves, between

THE COURT: Yet none of you had prig discussion discussion prig had you of none Yet COURT: THE

THE WITNESS: This war after Me. Grogan and Mr. Mr. and Grogan Me. after war This WITNESS: THE

had returned? returned? had

THE COURT: This wee before any of them them of any before wee This COURT: THE

Markham had left. left. had Markham

that night and something wee said, "We have got to to got have "We said, wee something and night that

nuke the tint of a bad shoe:ion and attempt to steep." steep." to attempt and shoe:ion bad a of tint the nuke

hile they tore gone, you wondered •haut wham they they wham •haut wondered you gone, tore they hile

1 1

wondered where Mr. Cations and Mr. Markham went Markham Mr. and Cations Mr. where wondered

area area

nly you are left without transportetion on an an on transportetion without left are you nly

I was talking of You were talking about, I I about, talking were You of talking was I

Air. Air.

- -

The three men men three The

Careen end Mr. Markham went; who is is who went; Markham Mr. end Careen

had had

respect? respect?

the the

gone. gone.

_ We all wondered wondered all We _

other two men had had men two other

to to

do, what is is what do,

three three

men men

-61 - - -61

. .

O O

A That is right. right. is That A

Q (By Mr. Fernandre) The two Lyons girls and youreelf youreelf and girls Lyons two The Fernandre) Mr. (By Q

A You can ask Mass Lyons later; she has a rather large large rather a has she later; Lyons Mass ask can You A

Q Have you ever seen her drive a car of that an? an? that of car a drive her seen ever you Have Q

Q Yau didn't are her hike the ear that night? night? that ear the hike her are didn't Yau Q

Q That particular car. car. particular That Q

Q Q

A That particular car? car? particular That A

A Yea, yes. yes. Yea, A

Q Did you set her drive the cat ever, Tint of all? all? of Tint ever, cat the drive her set you Did Q Q So, could she drive, she could operate a motor vehicle? vehicle? motor a operate could she drive, she could So, Q

A Could the ham or did the? the? did or ham the Could A

A Could she have? Certainly. Certainly. have? she Could A

Q Could she drive a vehicle of that Mae? Mae? that of vehicle a drive she Could Q A No. No. A

Q (By Mr. Eensendes) Nina Newburgh, could Mary Jo drive drive Jo Mary could Newburgh, Nina Eensendes) Mr. (By Q

A No. No. A A It is no lamer than the CAI my father had and she is not not is she and had father my CAI the than lamer no is It A

A Susan Susan A

Q Q Q Do you main who said what al that time? time? that al what said who main you Do Q

A Before they returned. returned. they Before A

A The sleeping arrangements? arrangements? sleeping The A

Q No one asked? asked? one No Q

Q When was it decided to make the best out of a bed bed a of out best the make to decided it was When Q

A No, and later in the other room when Mr. Cargen said said Cargen Mr. when room other the in later and No, A

A Nobody volunteered any information. We may have have may We information. any volunteered Nobody A

Either Just before Mr Markham and Mr. Gamin re- Gamin Mr. and Markham Mr before Just Either

rest of the people in and around the cottage at that that at cottage the around and in people the of rest

are in one MOM and you made them thoughts tad the the tad thoughts them made you and MOM one in are participants of the party with the reception of Mr. Mr. of reception the with party the of participants

turned or immediately thereefter the cottage has all the the all has cottage the thereefter immediately or turned THE COURT: toys leave It there This is her opinion, opinion, her is This there It leave toys COURT: THE

drove the cat. cat. the drove

time? time?

to she suttee. suttee. she to

THE COURT: I don't think See has anything to do do to anything has See think don't I COURT: THE

MR. FERNANDES: I am just curiosus put in light of of light in put curiosus just am I FERNANDES: MR.

what the said that she believed that Miss Kopechne Kopechne Miss that believed she that said the what This is a large car, is it not? not? it is car, large a is This

with with

any taller thee I am. am. I thee taller any

THE WITNESS: Okay. Okay. WITNESS: THE

anon didn't come up in a vacuum. vacuum. a in up come didn't anon

THE COURT: AB eight. eight. AB COURT: THE

that that

THE COURT; You have answered my question. question. my answered have You COURT; THE

THE WITNESS: The question of the Senator awsrnming awsrnming Senator the of question The WITNESS: THE

THE WITNESS: I have always believed Mr. Garton, so I I so Garton, Mr. believed always have I WITNESS: THE

happened. So, when we went into that - - that into went we when So, happened. THE COURT: That she had driven? driven? had she That COURT: THE

didn't seem to want to talk talk to want to seem didn't

THE WITNESS: Had driven the black black the driven Had WITNESS: THE

THE WITNESS: I didn't question Mr. bargee. who who bargee. Mr. question didn't I WITNESS: THE

THE COURT: That she had driven and he swam? swam? he and driven had she That COURT: THE

THE COURT: Answer this question. Did you believe believe you Did question. this Answer COURT: THE

THE COURT: All right. Then, how did you beheve that that beheve you did how Then, right. All COURT: THE

trouble. trouble.

knew they soots] make the ferry before without any any without before ferry the make soots] they knew

THE WITNESS: Yea. They left before midnight; so I I so midnight; before left They Yea. WITNESS: THE

believe it? it? believe

exhausted Sir, sometime after 1:00 -- • • -- 1:00 after sometime Sir, exhausted

artuation7 artuation7 Not )(qualm got back to the motel? motel? the to back got )(qualm Not

believed that. that. believed

would sleep On the couch At that time, point. we were were we point. time, that At couch the On sleep would

when you were told Mr. Kennedy swam across, did you you did across, swam Kennedy Mr. told were you when

didn't nerd to know. By that time we couldn't get off off get couldn't we time that By know. to nerd didn't

Before or after Mr. Markham and Mr. Cargan returned? returned? Cargan Mr. and Markham Mr. after or Before

hark in that motel room. room. motel that in hark

questioned or may hare said, what do you mean. Mr. Mr. mean. you do what said, hare may or questioned

the island anyway, and we enrolled that Mary Jo was was Jo Mary that enrolled we and anyway, island the

returned? returned?

that the Siouan swam across, A was almost as if we we if as almost was A across, swam Siouan the that

the thoughts that you had in your •mind before they they before •mind your in had you that thoughts the

after that, nothing was followed through in the light of of light the in through followed was nothing that, after down or words to that effect. Now, nothing was said said was nothing Now, effect. that to words or down

Arne. Arne.

Markham, or Paul, and nothing wee volunteered at this this at volunteered wee nothing and Paul, or Markham,

you know what I have been in, you would ter me Ile Ile me ter would you in, been have I what know you ask him to get up. In the meantime he says to to says he meantime the In up. get to him ask

you are or somehow you no Injured or hurting and you you and hurting or Injured no you somehow or are you

car? car?

and and

I, Susan Tannembaum and I decided that we we that decided I and Tannembaum Susan I,

""r' ""r'

in in

detail about what had had what about detail

car car

hack. hack.

you, you,

car. car. if if '

Q And arrangements were made and people Started to try

A After Mr. Markham and Mr. Gargan returned, everybody Q Now, what thou did you get up that morning/

Q And who was at the cottage? A Right,

A I got up just before II:00 o'clock. Q liow was it that you found out about what happened to A I got up In time to see some people leaving the cottage.

A I found out later idiom 9:20 or 9:30, the group that

Q This is 9:20 or thereabouts?

Q When did you find out die had drowned?

Q Where? A Yes.

Q Let me auk you what exactly did Mr. Gargan say hap- A After 10:00 that morning.

A Ina motel room at the motel at Katama. Q Yes.

A You mean hack no Cloppaquiddick?

Q Describe the accident? A the said there had been en accident and that Mary lo

Q Did he?

Q Did he say who was driving? A I can't describe the accident. Q What else did he say? A He didn't describe the accident.

A He said the Sul:riot was with her. Q And did he phone? A He told In tar stay calm and that he would phone us

A Several limes.

Q And did he explain whet had happened?

Q On the telephone or did he ea over there/

Q Said she had drowned?

A Yea, he told us that she drowned. Q Did anyone make any inquiry of where and how? A He told m on the telephone and then he came over.

A Yes.

Q What was asked?

A Yes

Q And whet was said?

A How did it happen.

A Something to the effect that the one went Into the

Q WWI Anything nine said?

A And then you had five girls who just" lost a friend who

Kennedy and Mina Kopechne, is that oghl?

Q When did you leave Martha's Vineyard?

Q Did you have

Q Could you tell as where? A About 3 00 o'clock that afternoon.

A Yes.

to was In the cottage. yes.

In the cottage with me were Mr LaRosa, Mr. Crimmins. and the two Lyons sisters.

Mary Jo?

outside and decided we would walk towards the ferry,

beanies there weren't any cars left and we got several

and told us to get in. Ile mid sontethIng had happened hundred feet down the road when a white - I don't was in the cottage thnt remained in the college walked car came up on the road and Mt. Garvin was driving

know whin color the GM WW1 - I think it was the white

end my firt reaction was the Servitor, and we drove

back to the cottage and he wouldn't say anything until

that Mary Jo was missing, and that was ult. we got Inside. We got inside the cottage and he told as

pened, the cuounolances ender which she was miming?

was missing.

later on that morning back at the motel. Then we went into town and we eolith( a cab beck to the motel.

Senator dove repeatedly to try to tare her and kept

water, the Senator was driving, and Mr. Gargon said the repeating. I want you all to know that I believe it and

wort you all to know that every single effort possible

can't remember very much at that point. was made to save her.

THE COURT. Mr. who? MR. FERNANDES: Mr. Clifford THE COURT, Mr.'Gifford? MR. FERNANDES: Yee.

find places to sleep?

THE WITNESS: Sena:int Kennedy's legislative assistant -

conversation with Mr. Gifford?

Q (By Mr. Fernandes) Was that at the Oak Bluffs Ferry?

A Ile was flying Mary Jo's body off the island at some Q lily Mr. Fernandes) Did you take her clothing back to

A I'm nut familiar: I think so, yes.

Q Do you more who did?

A No, I didn't.

A We packed her bag in the motel room.

Q Did you speak with Mrs. Kopechne? A That is right, and we went alp Wilkes-Beers before we

Q Did you tell her what happened?

Q Have you ever had a conversation with Mr. Kennedy A Yes. A I told the newspaper what happened and through that

Q At the funeral?

Q Could you tell m how soon after that accident did thnt

A Yes I dirt.

A In Wilkes-Barre.

Q Could you tell to what he saki an to how the accident

A Right after the funeral, yes.

Q Was there any other conversation shout the accident? A We didn't go into that.. Ile asked how f was. I asked

Q Al any lime.

A With Senator Kennedy?

A No.

Oak Bluffs.

room that has been talked about. Could you tell us what that conversation was? point and Mr. Gifford worked with as in that toiler

MR. FERNANDES: Just very briefly, your Donor THE COURT: We are about to adjourn unless - THE COURT. Are you rtaying together?

Including the purse? Washington?

*mu to Washington; sr everything went with on to

Wilkes-Boor and then to Washington.

after the accident?

Mrs. Kopechne must have found out.

conversation lake phreeT

happened?

how he was. He was concerned about nary parents arid

their reaction, I

one of the girls, you don't mind my talking about the THE COURT: We are about to adjourn for the day_ Al

Isere with you? MR. FERNANDES: No further iterations. group of girls who were at the cookout, and are they all

THE WITNESS: Yu. TILE. THE COURT: Eating together, living together? come beck here tomorrow morning? THE COURT: There would be no hardahip for you to

THE COURT: And you are probably going to stay with THE WITNESS: Yes.

THE WITNESS: Into court?

THE WITNESS: No.

THE WITNESS' You know, it depends, if you told me I

THE COURT: I would rather you come hack in the

them until you can all go hack together?

morning. wee excused now, I might make plant to leave tonight. THE COURT, Into court Now, you were in court here

THE WITNESS: Yes.

nature and normal temptation

THE WITNESS: Yes. THE COURT. But 1 specifically order right now where

TIIE COURT. Now, 1 want to - I appreciate human when 1 gave the orders re instructions 10 the witnesses? dote to them.

been on the stand, not to illseuss any portion of your

where you are living with them and where you are so (Whereupon. at 4,03 o'clock p.m.. the inquest was ad- you have testified today and none of them Imre yet

THE WITNESS, I won't, tealIMOny with any of them In THE COURT: I may have to put you back on the Hand

THE tomorrow. I don't know. Thu is all clear to you? THE COURT. Ad/owned until 9:30 tomorrow morning. o'clock m journed until Wortrodmy, January 7, 1970, at 9:30

WITNESS: All of that, yes.

wITNESS:

was

Almolutely,

concerned about his wife.

any

and it

respect.

is very difficult

Dukes, ss.

Present:

EXAMINATION BY MR. FERNANDES:

Q And your legal address?

Q And you are a phyincLol, am you not? A Surely. Donald R. Mills, M.D

Before,

Q And you have • special occupation with returnee to A North Summer Street, Edgartown.

A Yes. Q And hew long have you hear 1111 occupied, Doctor?

Q And you have been a phytician for how long in DM A I am Asaociale Medico) Examiner for the County.

Q Now, Doctor, were you Anociate Medical Examiner on A In excess of 20 years.

Q And sometime io that weekend and in your capacity as

Q Would you tell um approximately what time you first

A Since 1933.

A I was.

A Q And when were you?

Q And as a result of that call did you do something? A Approximeely 9 o'clock on the morning of the 19th. Q What did you do? A In my office.

A I did.

A I immediately went to the site of the accident. I took

Q When you arrived, could non tell no who was at the

Q Would you tell an where you saw Chief Arena?

Q Would you tell on what eke you aim at that time, if A Yea, on the land side of the Dike Bridge in ho bathing

A I saw Chief Arena.

—7

A Yes. The E.dgartown police cruiser was on the idiom side

Edmund Dinh. District Attorney for the Southern DO-

Court

Thomas Teller, Clerk of Courts

toe( of Massechuset., Armand Fernandes, Assistant D

Sidney R. Lipman end Harold T. McNeil, Itelen S. Tyra, Temporary Court Officer

lames L. Kenney. Esq.. for Donald R. Mills.

/Inn. James A Boyle, Justice

Eater Gay, Assistant District Attorney,

Dr. Mills. will you please give the INDEX AND TESTIMONY OF DONALD R. MIDAS

your profession?

community?

or about July I fith and 19th, 1969?

Medical Examiner, were you summonsed to so-called

Dike Bridge? I

received the call?

mot an undertaker, that is Mr. Friels, them. This just Frieh's happened, and I left my ear on this side, got into Mr. Mg, the occident.

MM. I don't Hunk he now me. this back was turned to my car and drove down to the Chimpaquiddrek ferry. I

scene?

anything?

of the Dike Bridge. There were a number of people rne. He was in ho bathing suit. standing around, most of whom I know There were sererst police office.. There Were - there was Antone

Flattenemni.

1F`r

was.

COMMONWEALTH OF MASSACHUSETTS

car and he drove me to the site of the happen.

inera.Ts--,"

DONALD R. MILLS, Swum

THIRD DAY

Wednesday. January 7, 1970.

Official Court Stenographers.

Ediortown, Massachusetts,

Edgartown District Court

strict Attorney,

for the Commonwealth.

et'

the Edgartown District

rtit your full name?

'qt

- 63 -

Q Could you tell us solar Q Was Mr. Look there. for example. Christopher Look? Q And this o on the shore aide?

Q Referring to that diagram that Is behind you, Doctor, It Q Now, when you arrived had they removed the body A A Yes. Tiurisk you. Mr. Farrar w7111 there us his seuha-diving

Q Now, what did you do on arriving at the scene? You A Yes. A Yea. The police cruiser was approximately hero (indica- Q W. Mr. Farrar there? A Surely. The body was in a pnliee litter wrapped In a A I do not remember.

Q Any death?

Q Q In general. to investigate sudden death, is that right? A Olt, thank you. I naked them to take the body in the Q Now, your duty no e Medical Examiner, Amociale Med-

A Yea, that is right.

A To determine the mutat of death.

A Well, death in several categories of cases, unexplained Q Now, you may yon made an °elimination of this body at

CI You mean this fashion? (Indicating.)

A Sure, I would be glad to. I puller; hack the blankets and

Q And her head? A Her arms were raised. Ilex hands in • sort of a genii-claw () Now, Doctor, you nay that you formed en opinion as to O Anil, - A That is right.

Q (By Mr. Fernandes) Temperature of the water for one? Q Could you tell from your examination, Doctor, approxi- A Her head A She Q Six or more hours. Q Could you tell as how you formed the opinion and then A My estimate war six or more hour. A Yes.

A f formed my opinion by the fact that this girl was

A Yes.

.*?-'r-441.7711MirY717711":7

right, would it not?

This b outfit.

litter out of the police cruiser an that I might examine it, which they did. They carried it around to the front front the water?

bridge dark blue blanket.

may be sealed. of the cruiser. .I pulled bark the blanket and made a

thorough examination of the body of a girl would he to the right If that chalk there temenents the

ical Exeminer is what, Dollar?

attractive woman. I would my inn her twenties, blonde,

sician. deaths, deaths that have been unattended by a phy-

hair swept back, woofing some brmeolota on her right

saw the body fully dressed, appropriately dressed of an for the record? the scene. Could you tell as exactly what you did, just ting) I would say. position? Could you tell um how were her arms, down in a fixed

complete total rigor mortis.

wrist and arm. I believe there was

position.

both ways? mortis.

in her none. This was cleanly demonstrated by making mately how long this body had been dead?

THE COURT: Would you be able to men extreme !Unita of the water. THE WITNESS: I really couldn't because of no many tell us what the opinion von?

variables as far as rigor mortis Is concerned; temperature

cluarameriatie of drowning,

what the cause of death was? was some foam about the nose and mouth which is completely filled with water, that la her bronchial tubes

just light preSsuse on the chest wall in which case water

were full. her mouth

would simply pour out of the nose and mouth. There

mat

and ern the shore aide, that is right.

was

completely stiff; that is. in complete rigor

the ear in the water, it would be on your

lipped back a little bit to one side.

was

lull of water There w. writer

this body?

ring. She was in

Q So, at the scene, scene, the at So, Q

Q Did you know whose ear she won in? in? won she ear whose know you Did Q

A No, I didn't know know didn't I No, A

A No, l did not not did l No, A

() And then you released the body? body? the released you then And ()

Q And at the scene, Doctor, was them any mention of the the of mention any them was Doctor, scene, the at And Q

Q At that Olsen the Identity of the the of Identity the Olsen that At Q

A I didn't know who the girt was. was. girt the who know didn't I A

C) To the mortician? mortician? the To C)

A That Lt right. right. Lt That A

Q And you [elated those instruction' to the - - the to instruction' those [elated you And Q

A To the mortician. mortician. the To A

Q Did you receive instructions to take a blood sample? sample? blood a take to instructions receive you Did Q

A Yes. Yes. A A Yes, thank you, I did. did. I you, thank Yes, A

A A

Q An a remit of a conversation with someone in the State State the in someone with conversation a of remit a An Q

A Yes, I writhin I Yes, A

Q Did you ever speak with the District Attorney person- person- Attorney District the with speak ever you Did Q

() You my you released the body to the undertaker, the the undertaker, the to body the released you my You ()

Q And until conversation was had with the District Attor- Attor- District the with had was conversation until And Q

A That it ri it That A

A No. No. A

Q Which was who? who? was Which Q

A Yes. Yes. A

A After I finished examinin finished I After A

Q And did there - what did you do at that time after you you after time that at do you did what - there did And Q

Q At Mai time was the identity of the body of the young young the of body the of identity the was time Mai At Q

A It was not known to me. me. to known not was It A

Q How lon How Q

A Eugene Fetch, and 1 instructed hint to hold it pendin it hold to hint instructed 1 and Fetch, Eugene A

Q No other bruises? bruises? other No Q A Approximately from ten to fifteen rillnutea rillnutea fifteen to ten from Approximately A

Q You found no incised wounds? wounds? incised no found You Q

A A

Q And you examined the head? head? the examined you And Q

A Na. A

Q Would you tell on exactly what you did? did? you what exactly on tell you Would Q A Yes. Yes. A

A 1 removed the clothing as much an was necessary, necessary, was an much as clothing the removed 1 A

A No, that is correct. correct. is that No, A

Q In your mumination, as I recall from previous testi- previous from recall I as mumination, your In Q

Q Del you find any external marks on the body? body? the on marks external any find you Del Q

A No. No. A

Q And your opinion opinion your And Q

A Yes. Yes. A

Ike elmumMancee under which the ear came into the the into came ear the which under elmumMancee Ike

ple, did you know that she was alone in the car or she she or car the in alone was she that know you did ple,

mr, were you aware - let me mike that - were you you were - that mike me let - aware you were mr,

aware of any Cuts Cuts any of aware

is that right? right? that is

woo accompanied by somebody else? else? somebody by accompanied woo

when you formed your opinion an to death? For exam- exam- For death? to an opinion your formed you when

fact that whether or not this this not or whether that fact

From Lieutenant Killen? Killen? Lieutenant From

Yes, Yes,

autopsy. autopsy.

asaocrate, asaocrate,

far as ho was concerned there there concerned was ho as far

Pogue, did you you did Pogue,

ney himself was not available at that tlute, but his his but tlute, that at available not was himself ney

indicated. I received a reply reply a received I indicated.

cuatom, I requested the officer to notify the District District the notify to officer the requested I cuatom,

Attorney's office that such - that theme was such a cam, cam, a such was theme that - such that office Attorney's

opinion of the District Attorney's office an autopsy wu wu autopsy an office Attorney's District the of opinion autopsy should he done, requestin done, he should autopsy

was satisfied that there hail been no ford play. Met as as Met play. ford no been hail there that satisfied was

ally at that time about the autopsy? autopsy? the about time that at ally

ney? ney?

mortician? mortician?

ularly in connection with whether an autopsy should he he should autopsy an whether with connection in ularly my notification of the District Attorney's office, partic- partic- office, Attorney's District the of notification my

performed. performed.

undertaker. undertaker.

finished examinin finished

No. No.

woman known? known? woman

ivin

you mid you rendered a complete examination of the the of examination complete a rendered you mid you

mony, Doctor, althou Doctor, mony,

body, you did not remove all the clothing. Yuu would would Yuu clothing. the all remove not did you body,

g g

from Lieutenant Killen. Killen. Lieutenant from

the details, such details an I had and askin and had I an details such details, the

g g

were you at the scene with this body? body? this with scene the at you were

Lieutenant Geor Lieutenant

ht. ht.

g g

through the Slate Police, which is my my is which Police, Slate the through

0 0

g g

lee any ituumtions to the mortician? mortician? the to ituumtions any lee

the body? body? the

it safe to my the facia summtudin facia the my to safe it

wan wan

as to to as

h you say you did not, I think think I not, did you say you h

that she bed died of drowning? drowning? of died bed she that

g g

the body t released It to the the to It released t body the

e Killen, bad meted that if T T if that meted bad Killen, e

how the accident happened happened accident the how

beck beck

irl had been alone alone been had irl

irt irt

Nutt the District Attor- Attor- District the Nutt

g g

WAS WAS

an autopsy if in the the in if autopsy an

wt, afitl afitl wt,

no need for an an for need no

not known. known. not

g g

DI DI

if en en if

the the

- 64 - - 64 -

g g

Q Can Can Q

A A very small amount. I mean, lean than half a cupful, cupful, a half than lean mean, I amount. small very A A

Q Are yon able. Doctor able. yon Are Q

Q Could you explain to the Court the reasons why you you why reasons the Court the to explain you Could Q

A. In a drownin a In A.

Q Q

C) Other than you say you remember the bra? bra? the remember you say you than Other C)

A I remember the bre. bre. the remember I A

A I couldn't. couldn't. I A

() AS ri AS ()

(a (By Mr. Fernandes) Doctor. with reference to the cloth- cloth- the to reference with Doctor. Fernandes) Mr. (By (a

A I remember that she had on dark colored sleek,. My My sleek,. colored dark on had she that remember I A

A I remember the bra. bra. the remember I A

Q You can put them on the chair. chair. the on them put can You Q

A I don't remember. remember. don't I A

Q (By Mr. Fernando) Can you recognize any of these blue blue these of any recognize you Can Fernando) Mr. (By Q

A Thank you. you. Thank A

_ indicated that that white blouse was subjected to chemi- chemi- to subjected was blouse white that that indicated _

Q And also for the record, Doctor, when you say you had had you say you when Doctor, record, the for also And Q

A That is ri is That A

A Approximately between 9745 and 0:50. 0:50. and 9745 between Approximately A

A Completely unknown to me. me. to unknown Completely A

(Disarm/on off the record.) record.) the off (Disarm/on

THE COURT: Off the record. record. the Off COURT: THE

for example. example. for

much blood normally is released from DM kind of of kind DM from released is normally blood much

pose almost anywhere to the person's clothing. clothing. person's the to anywhere almost pose

physical efforts to amid drownin amid to efforts physical

death? death?

of the decedent. Such blood mi blood Such decedent. the of blend (roar the lun the (roar blend

and Mood may and I believe meetly perhaps more often often more perhaps meetly believe I and may Mood and

ing. ing. THE WITNESS: With my di my With WITNESS: THE

than not, may be evidenced in the mouth anti the nose nose the anti mouth the in evidenced be may not, than THE COURT: With your dia your With COURT: THE

THE WITNESS: That It is consistent. consistent. is It That WITNESS: THE

we call an exacerbation of blood or • pullin • or blood of exacerbation an call we formed that opinion? opinion? that formed

THE VM114ESS: Yes. Yes. VM114ESS: THE

ITIE COURT: Now, assumin Now, COURT: ITIE

conatatent or that it is not eonairient? eonairient? not is it that or conatatent

THE COURT: Anilwhat is that opinion, that it is is it that opinion, that is Anilwhat COURT: THE

drowning? drowning?

examined her. are you able to express a medical opinion opinion medical a express to able you are her. examined

blood is consistent with your dia your with consistent is blood

THE WITNESS: Yee. Yee. WITNESS: THE

'11IE COURT: Expert evidence already introduced Imo Imo introduced already evidence Expert COURT: '11IE

Impression actually would have been that they were were they that been have would actually Impression

(Dimornion off lime record.) record.) lime off (Dimornion

THE COURT: Yes. Yes. COURT: THE

with reasonable certainty whether the prune.* of that that of prune.* the whether certainty reasonable with

cal analysts and shows evidence of blood. blood. of evidence shows and analysts cal

was the the was othe body? body? othe

check, but Met tt tt Met but check,

MR. FERNANDES: May we go off the record a second, second, a record the off go we May FERNANDES: MR.

your Honor? Honor? your

So, you are not absolutely certain that was the clothing clothing the was that certain absolutely not are you So,

(The Doctor then examined the the examined then Doctor (The

and dark colored slacks Yes, these are — — are these Yes, slacks colored dark and

ing, did you observe a scarf, a yellow scarf at all? all? at scarf yellow a scarf, a observe you did ing,

of clothin of

you? Can you reco you Can you?

THE WITNESS: I remember Hutt the body had this type type this had body the Hutt remember I WITNESS: THE

All right. right. All

slacks or while blouse? You an take them our. our. them take an You blouse? while or slacks

hag.) hag.)

Doctor, if I show you these dents which hove been been hove which dents these you show I if Doctor,

relaying a converution with Lieutenant Killen, at that that at Killen, Lieutenant with converution a relaying

because they have not been Identified as being warn by by warn being as Identified been not have they because

MR. FERNANDES: He mw the girl at the scene and and scene the at girl the mw He FERNANDES: MR.

that why I'm showing them. them. showing I'm why that

the decedent. decedent. the

THE COURT: You have to make an resumption, resumption, an make to have You COURT: THE

cumstances of thus girl bein girl thus of cumstances

previously - - previously

time you did not know the fact, surrounding the cir- cir- the surrounding fact, the know not did you time

your eonvenation eonvenation your

All ri All

water were not known? known? not were water

n n

You render an opinion? opinion? an render You

ht. How about the slacks, do they look familiar to to familiar look they do slacks, the about How ht.

ht. What time did you /caw the scene? scene? the /caw you did time What ht.

One One

g g

ht, I did not. not. did I ht,

on. I remember that there there that remember I on.

g g

case when • person drowns there is whet whet is there drowns person • when case

worn by the decedent at the lime you you lime the at decedent the by worn

- -

nize them? them? nize

s in the victim( attempts to gain lee. lee. gain to attempts victim( the in s

With With

, ,

to render an opinion opinion an render to

Lieutenant Killen or someone someone or Killen Lieutenant

srt srt

g g

g m

in the car? car? the in

nolia? nolia?

mords of death by drown- drown- by death of mords

g g

that that white biome biome white that that

ht, in the efforts, the the efforts, the in ht,

= =

, might spread I sup- sup- I spread might ,

items in the the in items

nosis of death by by death of nosis

WAS 11 11 WAS

as to to as

g g

white top top white

out of of out

plastic plastic

how how

a a

A Yea, Yea, A

() Will you tell us when and whore? whore? and when us tell you Will ()

Q (By Mr. Fernandes) Did yen at some time si time some at yen Did Fernandes) Mr. (By Q

fla Do you know what time that was, approximately? approximately? was, that time what know you Do fla Q And you understood Mr, Gifford to be Mr. Kennedy'a Kennedy'a Mr. be to Gifford Mr, understood you And Q

A Yes. Mr. Gusty and Mr. Gifford Gifford Mr. and Gusty Mr. Yes. A

Q And the death certificate indicated the cause of death? death? of cause the indicated certificate death the And Q

Q And you si you And Q

A 2:30 to 3 o'clock, with a certificate for ma to si to ma for certificate a with o'clock, 3 to 2:30 A

A I signed it at that time time that at it signed I A

A Thal is right. Ile introduced himself to me. me. to himself introduced Ile right. is Thal A

Q That Garay Is G-ory, is it not? not? it is G-ory, Is Garay That Q

A Am aaphyeiation by immersion, In other words, by by words, other In immersion, by aaphyeiation Am A

A Gma-y. Gma-y. A

Before: Before:

Present: Present:

DIRECT EXAMINATION BY MR FERNANDES: FERNANDES: MR BY EXAMINATION DIRECT

Q Will you you Will Q

4.) And your legal address. Mt. Peachey? Peachey? Mt. address. legal your And 4.)

A P-e-a-c-h-e-y. P-e-a-c-h-e-y. A

A Russell E. Peachey. Just the bat name? name? bat the Just Peachey. E. Russell A

Q Yea. Yea. Q

Q And were you so occupied no July Ift.19, 1969? 1969? Ift.19, July no occupied so you were And Q

A I guess you would have to say 603 Southard Street, Key Key Street, Southard 603 say to have would you guess I A

Q Could you tell an who cont•eted you and made those those made and you cont•eted who an tell you Could Q Q And are you the innkeeper at the Shizelown Inn? Inn? Shizelown the at innkeeper the you are And Q

Q And your occupation? occupation? your And Q A Yes, err. err. Yes, A

Q And to what enpuity did you reserve certain rooms for for rooms certain reserve you did enpuity what to And Q A Innkeeper. Innkeeper. A

I) As a result of thou arrangements did you become aware aware become you did arrangements thou of result a As I)

A Yea, dr. dr. Yea, A

A I was partially involved In malting the reservations. yes yes reservations. the malting In involved partially was I A

A It is a Mite difficult. There were several people involved. involved. people several were There difficult. Mite a is It A

A I think I would have to sty Dim ere did not definitely definitely not did ere Dim sty to have would I think I A

THE COURT: I haw no further further no haw I COURT: THE

certificate? certificate?

other question,. question,. other

MR. FERNANDES: I ion satisfied, Doctor. I have no no have I Doctor. satisfied, ion I FERNANDES: MR.

afteoon when I was attempting to hold office hours. hours. office hold to attempting was I when afteoon

MR. FERNANDES: FERNANDES: MR.

drownmg. drownmg.

which I did. did. I which

(Weems teemed.) teemed.) (Weems

lion. James A. Boyle, Justice of the the of Justice Boyle, A. James lion.

Umtata Drub, District Attorney for the the for Attorney District Drub, Umtata

Peter Gay, Assistant District Attorney, Attorney, District Assistant Gay, Peter

Southern District of Musachusette, Musachusette, of District Southern

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen

Armand Fernandes, Aselstant District Attorney, Attorney, District Aselstant Fernandes, Armand

Thomas Teller, Clerk of Courts Courts of Clerk Teller, Thomas Sidney R. Lipman and Harold T. McNeil McNeil T. Harold and Lipman R. Sidney

please spell your name for the stenographer? stenographer? the for name your spell please

Weal, Florida. Florida. Weal,

party? party?

a number of people I will refer to as the Kennedy Kennedy the as to refer will I people of number a

shortly before. before. shortly

arran

11erangerriteils. 11erangerriteils.

Inn or at your Inn? Inn? your at or Inn

know he was comin was he know

think think

toe Gargan was involved, Jack Jack involved, was Gargan toe

that Mr. Kennedy was was Kennedy Mr. that

islative eminent? eminent? islative

rn rn

artown District Court Court District artown

ements? ements?

ilitarily the two of them handled mord of the the of mord handled them of two the ilitarily

please please

RUSSELL E. PEACHEY, Sworn Sworn PEACHEY, E. RUSSELL

ned it at that tome? tome? that at it ned

RUSSELL E. PEACHEY PEACHEY E. RUSSELL

glee your full full your glee

TESTIMONY TESTIMONY

Just Just

g g

occupying a a occupying

until he arrived really or just just or really arrived he until

OF OF

one inure. inure. one

°Mehl Court Stenographer.. Stenographer.. Court °Mehl

Wednesday, January 7, 1970. 1970. 7, January Wednesday,

came came

name name

for the Commonwealth. Commonwealth. the for

uestions. uestions.

Driscoll was was Driscoll

artown, ad asaachuset ts ts asaachuset ad artown,

certain room in your your in room certain

to my office that that office my to

tin ilia tin

n e death death e n

involved. I I involved.

(curt and and (curt

n, n,

() And do you know whether or not he had anyone else else anyone had he not or whether know you do And ()

0 All ri All 0

Q In any event you became aware of the fact that he woo woo he that fact the of aware became you event any In Q

Q Q

A What wa refer to as Mayberry 6. 6. Mayberry as to refer wa What A

Q This is when he checked on? on? checked he when is This Q 1.) Were you on duty the nieht of the I kith or the mumbl the or kith I the of nieht the duty on you Were 1.)

A Yes. Yes. A

A A

A I believe he shared a room with Joe Gra Joe with room a shared he believe I A

A Yes I did nut see him to speak to at all. lie did wander wander did lie all. at to speak to him see nut did I Yes A

A I guess you could call it on duty. Actually what I was was I what Actually duty. on it call could you guess I A

A Yes. The Surfacer arrived, I would jud would I arrived, Surfacer The Yes. A

el Could you describe that? that? describe you Could el

Q And where was Mr. Kennedy slaying? slaying? Kennedy Mr. was where And Q Q Q

A There Are ei Are There A

Q There was tie tie was There Q

Q Q

A Yes, them to a room over him. but the pert of the the of pert the but him. over room a to them Yes, A

A The are throe Dome The The Dome throe are The A Q Did you have occasion to sec trim sometime on the the on sometime trim sec to occasion have you Did Q

A Now, you ore referring to the early morning hours, 1 1 hours, morning early the to referring ore you Now, A

A Pardon me? me? Pardon A

Q Q

Q Did you Initiate the conversation? conversation? the Initiate you Did Q

Q Thew were his exact woole? woole? exact his were Thew Q Q There are no lights on the deck of the Mayberry House? House? Mayberry the of deck the on lights no are There Q

Q So what did this person say? say? person this did what So Q A I just happened to be standing in front of the office after after office the of front in standing be to happened just I A A I did. did. I A

A There is o Mitt up there, but it seemed to me that that me to seemed it but there, up Mitt o is There A

A I asked if I could help him. He said, no. no. said, He him. help could I if asked I A

A It wesn't until I spoke to ham that I realized who it was. was. it who realized I that ham to spoke I until wesn't It A

Q He said no? no? said He Q A A

A He said he had been awakened by a noise coming from from coming noise a by awakened been had he said He A

urive, but somewhere later in the afternoon around around afternoon the in later somewhere but urive,

occupyin

around - I wasn't actually et the dunk when he did did he when dunk the et actually wasn't I - around

Could you tell tell you Could

ho morn with hint? hint? with morn ho

on the day of the 11th, July lath: that is a Friday. Friday. a is that lath: July 11th, the of day the on

Did you have occasion to to occasion have you Did

really doin really

of the 1910 1910 the of past the office dam 111 one point. I don't remember the the remember don't I point. one 111 dam office the past

I suet suet I

quite a few parties and our elm mainly was to just try try just to was mainly elm our and parties few a quite

time_ time_

5:00, 5:30, 6:00 o'clock. o'clock. 6:00 5:30, 5:00,

had no interest no the regatta whatsoever. whatsoever. regatta the no interest no had

partying km much and didn't disturb other pietas that that pietas other disturb didn't and much km partying

you would know whirl whirl know would you

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A As near m I can reconetruct. they arc. Peter Gay, Assistant District Attorney, and put it in the record? THE WITNESS: Phis wag epproximatety 10:36, O Ile was nwakeeed? for the Commonwealth THE WITNESS: This is from my record,. I believe I THE COURT' Now, Ihls piefuee that you have here, it A Right. have wieldier copy et ray office. an illustration of where the vehicle might he? Q Could not find his watch, warned to know what time It Thoarao 'feller, Clerk of Courts 0 Is this a photocopy of Met Mina? T1111 WITNESS: No, of a vehicle traveling in this diree• was? Helen 5, Tyra, Temporary Court Officer A Yes, il h. No, not exactly this one. It is approximelely lion, your Honor. A Right. Sidney R. Lipman and Harold T. McNeil, the same. THE COURT: You didn't see any vehicle right there Q He came down end naked for the time? Official Court Stenographers THE COURT: If the inaperlor would let the Clerk have when you arrived.? A Right_ It we con get it photocopied downstairs here. THE WITNESS: No, yam Honor. Q What did you do? Edgaetown, Mustachusetts Is this all done io scale or is it just what we cull a THE COURT: As I see It, the things that you actually A Well, I didn't know that he wee specifically coming Wednesday, January 7, 197(1. chalk? saw there are the skid marks, the width of the lnidle, down to ask for the lime. Ile did come down the steps HE WITNESS: Thin is Jun a diagram of what we had the height of the nth rail? and since I did speak to him and coked if 1 could help GEORGE Sworn THE WITNESS: That Is right. Peew'ree W. KENNEDY, to Minna him, line is what hie reply was. THE COURT' Ills is not drawn to an engineer's scabs? THE COURT: Is that measurement from the floor of Q And whet did you do? EXAMINATION BY MR. FERNANDES: THE WITNESS. No. the bridge al is that measurement from the outside? A I turned end looked in the office window at the clock 0 For the record, would you please tell the Court your THE COURT: Lel the Clerk arrange it we he can gel a THE WITNESS' No, this measurement was from the top In the office end it said 2:25 Rod I told him it was full name? photocopy and we will mark it an the next exhibit. of the bridge, the rub rail. 2:25. A George W Kennedy. THE WITNESS- The skid marks that we observed were, THE COURT: in there any measurement of how high Q Aral what did Mit person do? 0 And, Mr. Kennedy, your addle's, please? one here end one here findieetingle That rub roll to ham lhr surface of the bridge? A 'thanked me, lamed end went hack to the quarters. A 1 live right now on Indian Meadow Way in Oak Bluffs I Q Now, how far apart were these? TILE WITNESS: Four inches. They are two-inch planks. Q Ile thanked you and just went back up the staior? just moved. I used to live on domes Road in Oak Bluffs A Approximately five feet apart. In other worda, like a 2 x 4. A Right. and I just moved to another home On Indian Meadow O And the one which is closed? (indicating) THE COURT: I thought you mid that was the width. Q Complained about the noise in the party? Way in Oak Bluffs. A II wen 18 feet on this one and the left side, IS feet on What is the =enurement this way? A Ile realty didn't, and didn't ank Me to do anything Q Your occupation? this mark here, and the opposite mark shows 33 feet 2 THE WITNESS Tee huhes wide and four inches high. 7ee about it, etches. A I ern supervisor or the Registry of Motor Vehicles in inches to the top of the rule rail. Four by ten. it was two pieces of 2 x I0 nailed on the Q Was there any noise going on at Mayberry House? Oak Bluffs. O Would you describe what a rub rail is? bridge. A No the party was coming from nexidoor at the Colo- Q And so there is no quest-Ion, are you related to Mt. A A nib roil happens to be Iwo planks. one on top of cash THE COURT: Off the record. nel! inn. The perry - Edward M. Kennedy? other nailed together which were 2 x 1,0 reeking a rub (Discussion off the record./ Q Did you recognize who shin vas? A None whatsoever. rail on the side of the bridge, which would be a flat THE COURT: For the record. the Court took two views A Yes I did. Q Now, in your capacity as en inspector for the Registry surfnee about four inches high and ten inches wide. of the area of the accident. one in August 1969, the Q By appearance or voice? of Motor Vehicles were you summonsed to Dyke Road THE COURT: Oft the record. other in December of 1969. A Both, after he got down where I could ere him. and Dike Midge at some time? (Discussion off the record./ THE COURT: Now, off the record. 4.2 See him? A Yee, I was.. THE WITNESS: These were the two skid marks made (Discussion off the record.) A Yes. Q Could you tell us when? and they started at the start of the bridge here and THE COURT: This will be marked exhibit, whatever the Q How far away were you from him? A I happened lo be out fishing an that day. It was on e there, and continued right there to Ike eery end. next number is when you make the photo. A I would Judge it in probehly as near at we were was Saturday. f was out in my boat redline right off Cape Q When you my, Mr, Kennedy, Hull they started right at MR. TELLER: Exhibit 7. probably 40 feet and as far as we were probably 50 Light. I received a call on the radio that the Ealganowo the bridge, what you mean is that that O where you (Photograph worked Exhibit No. 7.) 9 Flom where you ere slitting - Police Department won looking for me. would observe it? Q Mr. Femmtles) Now, with reference to your work THE COURT: That won't help the record. Q Can you tell me what time this wall A Yes. produce that you have there, Mr. Kennedy - Q 1By Mc F.rnaodro How far away? A It was approximately In o'Clock. Q And rho reef.= to the bridge is what? THE COURT: LeVe call it what? A Much Nether than you am. 1.) And as a result of that roll, what did you die? A All grovel MR. TELLER: Exhibit. 7- Q Mush further? A I immediately answered the call and I said I would Mine Are you able lo measure your skid marks an gravel? Q 1By Mr. Fentandes) Exhibit 7; 1 behove you have other A Probably hack up there in the middle of the benches into Edgartown Harbor and I would meet them there, A Nat emit well. measurements you rude at the scene at that time of somewhere; maybe Sneer towanl the back. which I did, met Chief Arena al 10:15 at the Edgerlown Le A lot of traffic In the area of the bridge when you approximately 16:00, 10:30 on July 19th7 Q 40 foci in your opinion in the shortest distance? dock. arrived? A Thm is correct- A. Yes. Q How wan Chief Arena dressed at this time? A That is correct. (' And for the record afro was she motor vehicle still In Q Could you tell me what he was wearing? A At the time I raw him he had a pair of Bunke on and a Q In any event, what you could nieusure Wee on the the water when you arrived? A It seems to me that he bed a jacket and a min of Meeks. T-shirt. wooden structure? A Not in the origlnel spot. Other than that, I couldn't tell you. Did you drive to the scene? A Right. Q It lied been moved? Q locket and Meeks? A We drove to the Beene of the accident at Dike Bridge, Q Mr_ Kennedy, I show you this photograph. Looking at A it had been moved to the lower right-hand corner of the .A Right. Q Could you toll nu what you found when you arrived at the photograph, sir, no his Honor cue can it also, hold it bridge mill in the water. Q Did you — the scene? to the board, could you point to where on the photo- Q Al eight. Now, with referenm to the bridge Itself could A The color, I couldn't tee you. A When I arrived at the scene I observed 4 air In the water graph you measured these meseurernerital you tell on how wide it Is and from where to where did Q Could you tell whether Cr not the clothing was stet? on the rigid side of the bridge. I had noticed the skid A There was one approximately Ihte way. The other one you measure? A I couldn't tell you that. marks on the bridge starting et the edge of Ike bridge was this A Measuring from the insrde of the rub rails from the /eft Q Could you tell what his appearance wan, Ina hair, for on the dirt and continuing etraighl to the right and over. Q whoa Youyou peel to the arson did you are what to the right side the enact width oh the bridge wan ten example? 1 trantediately went to my car. I had Inspector !gotta appears to he a notch on this rule rail? leer six inches wide. A I really couldn't. with me, who was my aasheant for the summer, and we A Yes. And? Q Could you tell so. If he had a shirt on? started to measure the skid marks that were on the 0 Is this the point where you mmstrred the angle from the A The length of the bridge from one end to the other was A I would rather not my if t don't know for a fact. bridge. rub rail to the bridge/ III feet. Ce You don't know? Q 1 war going to ask you to turn and look at a chart A No. I made it from the very end, from the outside of 1/ And do you here the mete which the bridge has to the A And I don't know. behind you. the rub tall to the full length of the skid mmiks from road? • Dld he have ,hues on? THE COURT: Suet one thing you rill be careful the start of Ore bridge to the end of il, on the top of A I es-limited it to be epproximetely a 27 degree angle. A I don't know, About. I noticed in going, over the record when you refer the rub rail_ Q From where to where? MR. FERNANDES: All right, fine. Na further questions, io the illustretion the illustration in not in the record THE COURT: Yee, you said that. A Starting coming down Dyke Road an it approaches the your Honor. and the questions and the mowers sound very strange. The measurements you have here are what? bridge makes a loft-hand bend approximately at 27 THE COURT: Thank you very much, MR. FERNANDES: All right, me THE WETNESS: This was the distance from the fop of degree angle going in on eagerly Sired lore towards the (Witness mauled} Q 1 will nab that you look at the chart and with reference the bridge here to the top, to the edge of the water. omen, to that chart I am going to ask you that you show the THE COURT: Who measured that? Ce And for the record would you aloe describe Dyke Road TESTIMONY Court where you saw the skid marks and I am going to THE WITNESS: Inspector Motto and I. We had a fleet as in the vicinity of the bridge? OF ask you to draw the Meld marks. tare end holding it at the bridge and letting the elect A 11 In a wide mewl road. Them is dirt shoulders on the GEORGE W. KENNEDY A Could I put my own on? I have n diagram of what I had =pa down slowly. we it could touch the water. right side. On the left side there was a large- area that observed- I would tether put my diagram on bee.ause THE COURT: You have nn feat writer. peopie hod hene using for parking because there is 4 but Before' MO in the way we refer to THE WITNESS' That is right. 11101 ten the depth of the of fishing going on in that area end the people used the Hon. hones A. Boyle, loath= of the le Can you pin It to the board and refer to it as Meg es Ms Water it the time. left ride for parking their ran. Da the right side is is Edennown District Court Honor can ace it? THE COURT: You mennired that with a line you josh a diet Moulder and there was a merge pike of dirt on A 1 can hold it here. I think it te large enough. dropped down? the right front of the bridge and mother large File of Present: This Is the Dyke Road leading dawn to the Wedge. THE WITNESS: Yee. dirt on the left front of the bridge. Edmund Dinh, Dimino Attorney for the Q With Intercom to the record, Mr. Kennedy. yore etc THE COURT: That was at the lime yuu were Mere? Q Con you tell us how fond. u Etyk, Road' Southern Dieinct of Massachusetts, pointing to — THE WITNESS: Yee. A I believe we had reunited it off. I can't exactly remem- Armand Fernandes, Antietant Dirtrict Attorney, TliE COURT: Could we ha able Ire have this mocked THE COURT: This was *proximately ten o'clock? ber the exact durance. I think it was a mOe and

- 66 - - 67 -

eee'e" eee. r-egef , • • two-tenth. if I •ro not mistaken. l had measured It off THE COURT: Now, I would like to oak the question. and had given it to Chief Arena: when was this picture taken, August 251.h. Q You my you meaeured and gave the information to (By Mr. Fernandes) I Raked him if that is o fair represen- Chief Amnia? lotion of the gouge, You were there that day, there was A I did. a gouge? Q All right. Now, arc there any lighting standards provided A Yes. rot In Millet the area of the Dyke Road or Dike Bridge? THE COURT: Off the record. A There are no lights of any kind, no winning signs. (Discussion off the record.) Q Are there any houses In the ens? THE COURT: We will call them what? A There are a few houses on the right end a couple on the MR. TELLER: Exhibit 10. left, but in the immediate Pre., rm. (Photograph marked Exhibit No. W.) Q I show you a photograph; I. [hat a fair representation of THE COURT: And this one, too? the view from the bridge looking, I will refer to, as up MR. FERNANDES; Yes_ Dyke Road? MR. TELLER: And Exhibit II. A That would be going west. (Photograph marked Exhibit No. IL) Q All right, weal. Q (By Mr. Fernandes) Inspector Kenncely, I chow you A Because thin was the met. these two photographs which have been marked Exhibits Q Is that a fair representation of the tingle of the road to Nu. Ill and It. Nuw, l ask you to look at the rob rail the bridge? or what lumenn there; con you identify these eshIbitel A hie. A I can. These were the actual bones. Q Please show it to the Court. Let kis Donor look at it This was the scene? A (Witness complied.) A Of the rob mil. Q And is this vibe! would amount lo be the opposite view? Q You am now looking et Exhibit No, 10, is that right? A Coming east, yes_ A That one is clearer than that one. Q Is that a fah repreeentation7 Q You mean Exhibit /1 hi clearer than Exhibit 10; A It is. A That Is cermet_ Q Would you please else show that to the Court? Q I ask you to examine Exhibit No. II and could you tell A (Witness complied.) us what Appears in Exhibit No. II for the record? TILE. COURT: Do you want them marked? A This was the akidmark of the sight front wheel going MR. FERNANDES: May they he masked 8 and 9, if over the rob rail and this was the large gouge between your Honor please, in that order; the firet ante being, the two skidmarks and the left wheel was our on this that would be No. B. side. This was the right front skidmark going this wet (Photographs marked Exhibits No. 8 9.) and the huge gouge in the rub reit that we were talking- Q lily Mr. Fernandes) With reference to Exhibit No. 8, do about in ten inches wide and the right front okidmerk you know whose house that 1.7 shows that large gouge between the 1010 akirimarka cad A A Mrs. Maim. the left skidniruk dues not show to tire photo. Q Q Was there any other physical evidence that you observed A Ms-1-m. at the scene that you could tell the Court shout, Mr. Q And how far i9 that home from the bridge? Kennedy, other than whit yea Nye already described? A I would say opproximattly 250-275 feat. A Physical evidence, no. Q Now, what else did tone laventigition consist of, Inspec- In terms of shldmarke, at cetera, Oda Is the extent of it? tor Kennedy? A That A We bad observed the - I mug notified of this vehicle Q Novi, how long have you been a registry inspector? I having the accident being In the water and that they hod A Fifteen yearn . found a body in the vehicle, which means that we had 0 In that capacity haw many accidents have you ex- to cheek out the vehicle, check out the skid marks, - unitised, investigated? check out the area, find any witnesses to which we A 1 hove ineeettgated approximately. well. down here I could get any information horn relating to what hap- have had, oh, maybe 35 or 40. pened to c..11.150 the accident. Q le your fifteen years' experience? And what did you do? A Reek hr Bolton, Reit I emddri'l tell you. A And we asked all kinds of question!' from anybody that (.3 Approximation. we had men mound there end they told us that - I lad A Couldn't tell you. met Chief Arena there and he said Mot. Maim had tweed Q More than e hundred? a car. So, I went up to Mrs. Maim's house and she had A Could he, yea. said that she had been bothered an much that she had Q More than Iwo hundred? no comment to mike; the/ elm did hew 9 car at night A That I don't know. d. bet heard nothing else and that is ell she would com- Q In any event drawing on your experience and based on ment on. the physical evidence. an you able to form au opinion Q Do you know Whit time she heard It? and I want a yes or no answer. A She said runieinhert amnia midnight. She didn't know A l would say yes. exactly. THE COURT: Well a minute, he hasn't asked you as to THE COURT: Off the record. what- (Discussion oft the record.) Q (13y Mr. Fernandes] As to what speed a car would he Q (By Mr. Fernandes) Did you examine the right tub mil? traveling in cadet to leave the akidniarks which you A I did. deracribed fur the Court? Q Tell the Coon what you sew when you were there. A Yes, A I found a large gouge along the right side of the rub rail Q And the narkings on the bridge as you deecnberl to the and then on the top it showed the vehicle going up, a Court? wheel skidmark had gone over the rub roil. A Ye.. Tell which wheel it was. Q Have you an opinion? A Right front wheel and that them was s large gauge A Yes. between the two skid mules on the rub rail in Ike same Q And by the way, in yam opinion. I want you to direction going off to the right and than a large gouge consider the type of or that was being driven, the doe, on the 1.n where the eludrnork hod gone over on the the make, the year the weirpht, and did you know what left akkhnerk going directly off on the right aide. 11191 cat wan, by the way? Q Now. this gouge. I show you Exhibit No. 8, would you A Yes I did. point to the gouge end show it to the Court whom the 0 AR right inan you form en opinion or have you an Mr owl Afer..Fo.v.rph Koperhne. Mary', perch. gouge la? opinion? A (Whereas complied.) Right In them. your Honor_ The A As I toned - ikidnierke were coming right off and a large gouge. Q Have you an opinion, yea or no? - 69 - - 68 -

`Pr.7911.7---- 92•0,74mre'reArtertor-s,”Afirtro A Yee. A To a certain degree, yes, and conditions. Q Could you tell us what your °Miami was NO to the speed Q And what else you maw, but with reference to them ,kid Q Al I subsequent time did he produce kin license? A (Document handed to Mr. Fernandes.) of the cm? marks did you riot Ulm say earlier to the e'reurt, and A 1 did not see his limner I immediately called the Boston Q Well . this Is essonlielly the acme at the typewritten A Approximately around 20 to 22 miles per hour. correct me If I am wrong, that you couldn't measure if office to see if he hid a valid license_ statement in It not? Q 20 to 22 miles an hour, and how do you base that - there were any skid rnarka on the dirt road that pre Q And what inforiution did you receive? A That h true. A All light. n cu operating al 20 miles per hour hen a ceded the bridge? A They Informed Inc that his license was valid until Feb- Q Could you please show It to the Court? ruction time of any person operating approximately A That Is correct. ruary of '71. A (Document handed to the court.) theetequarten of a second before a person removes his Q And that would affect any opinion you have/ Q And when was this, the some day? MR. FERNANDES: And I would mak ties oleo be foot from the you and applies the broke, approximately THE COURT: Now, look_ Now you MY going into A This was Ore same day, on the Pith. offered, if your Honor plead, end perhePs we can get at 20 miles on hour the vehicle would move approse something that may not exist. Q In your repOtt. Mr. Kennedy, do you incorporate all of copy of that far the record. ',natter 22 feet in the Ihree-quarters of • second for the MR. FERNANDES: He doun't know, your Honor. your conversations and everything elm, because if you THE COURT: Where it the original? reaction time. Then a vehicle after the bakes have been THE COURT: He said he didn't one any evidence of did, as his Hutto/ wanted to, I will mime Ma whale THE WITNESS:. In the Borten office, Told Honor. applied it 20 mile; an hour, then the vehicle should skid marks on the gravel, am I correct? report for the mood. TkiE COURT: Well, alright. stop In 25 feet. Now, there Is • Moaner of 25, 22, 47 l'HE WITNESS: Tliot is correct, your Honor. A All my information is In that report. You would like to have a copy of this put in the feet. THE COURT: Let's not go into conjecture now. Q Including ....Mellor's? record? THE COURT: Well, I'm going to slop you there now. I MR. FERNANDES: l think he said because he couldn't A Yes_ MR. FERNANDES: Yes, your Hunrir. to complete a don't know. Don't take this. Well, take R. Do you measure any he didn't know if there were any. Q Thecenversation where you asked him for his registra- record of the srnldent and the report. require to know the weight of the ear in order to form 111E COURT: Ile said he didn't me any, in that correct? tion, is it in then? THE COURT: There are two side. to it. It will become an intelligent opinion? THE WITNESS: That is, your Honor, A That In right. THE WITNESS:. No, your Honor. THE COURT: Let's ignore that. Q tic Mel produce the license, you called the Registry in MR. TELLER. Exhibit No. 12. THE COURT: The weight of the ter, then, is briars- Q Mr. Kennedy, in light of the Conditions that you ex- Boston? THE COURT: All right. You can take them both. tonal? amined in the bridge, Including the angles to the road, A That is correct. Are you finished with the inspector? THE WITNESS: That 13 correct, the Lighting conditions, the surface, and were yoU aware, Q Did they produce the license Immediately? MR. FERNANDES: No, your Homo, I hare a few more THE COURT: Do you need to know the functioning by the way, of the weather conditions the night Imlay. A No. question. for him. condition of the beside? living on the island? Q Did they at another dale (Accident Report Marked Exhibit 12.) THE WITNESS: Yes, your Honor. A Yea. A They dld. THE COURT- All right. THE COURT: If you don't know the functioning con- 0 Mr. Kennedy, after leaving the scene, where dirt you go? 0 What else was In the conversation besides the license and (Short Re-cease dition of the hrnhee of a particular car, then you would A I went with Chief Arena hack to the Edgariown P.D. the registretion7 Q Mr. Kennedy. at the break you !towed me some photo- not be able to give an opinion as to the distance within Q And when you aritted won anyone lame? A I we-a aiding hint and he said ho couldn't find Ma wallet graplu which were taken the day on July 19th et Hie which that car should stop at a given ride of speed? A There wen. and it any be in his car in Wuhington, because he scene, did you rue! THE WITNESS: Thai is true, your Honor. Q Teti in who. really has Iwo cars and, "I will place s call for you A I did. THE COURT: la the condition of the tires important as A Senator Edward Kennedy. immediately and our if didn't leave 11 there because 1 And I show you one of these phntographe which you to the distance the car will skid? Q And was anyone else there? cute find my wallet." showed to me. Would you describe whet is depicted THE WITNESS: Yrs. your Honor, crooning to the A Mr. Markham end Mr. Gorgon. Q Whet other conversation at that time/ I hem? tread; smooth fire and tire with tread on it. Q And how long did you stay at the pollee station? A And then he talked to David Burke In Warning:ton and A. These are the gouges that were on the rob all of the THE COURT: Did you Ea./mine this Ear as to the A I was at the station approximetely from, I thirik, 11:30 he said, No, it wasn't there, and he mitt diet It would be bridge on the right-hand ride showing the right-hand condition of the brakes? or quarter of I 2:00 until about quarter of 3:1111. in the other cu. nktdmerk and the Wee gouge between them. THE WITNESS: I did. Q How long was Mr. Kennedy and Mir. Markham and Mr. 'THE COURT: Am you cuncerned now with the Menu Q Would you show it to the Come plc..? TUE COURT: Did you examine this car as to the Grogan there, do you remember? and regotralion? A Menem compiled.) condition of the booboo? A They left at quarter of 3:00. MR. FERNANDES: No, t want to know what other MR, FERNANDES: If your Honor: wishes, and feel, that THE WITNESS: With Impactor Mole immediately idler Q Mr. Kennedy and Mr. Markham and Mr. Gorgon all conversation he had . Is a better representation (Iran some of the exhibits that we finished out measurements. hayed until quarter of 3:007 VHF WITNESS: Then I naked him what happened, and are in evidence - THE COURT: This wan after tile eat was taken out of A Yea, they did. he said, "I intend or makes statement and I would just THE COURT: Do you want that mailed; the water? Q Can you tell us whether or not you were in their as soon have Mr. Markham and Mx. Gergan In my MR FERNANDES. II is a clearer view. I will introduce THE WITNESS: The eon was still in the water, on the company' preeence." Then he got up team the Edgartown P.D. and it if your Honor feels I should. right-hand side of the bridge. It hadn't been pulled from A 1 was In Mt. Kennedy'. company approximately three- walked out to the next room where Mr. Gorgon and Mr. MR. TELLER: No. l3. the water. II wiS Still in the water. - quarters of an hour. Markham were there, and he mid, "They want a state Whotogreph nuked Exhibit No. 13.) THE COURT: And you were atilt to make an examina- Q By the way, what time did you arrive at the station? meet," •nd he mid, "Let's tit down end gel MIL" sod FERNANDES: This is a pentonal photograph of tion of the brakes? A Approximately oround quarter of 12.130, in that vicinity. when he et there, "1 nook rather talk il over with my Mr. Kennedy's, if your Honor keeps that in mind and THE WITNESS: Imniedietely we checked the foot pulal Q And you were with him for how long? riocuneye could return it to him sometime. of the ear to see If the brakes were still serviceable, nod A Ahern three'quartern of an hour. Q Did you leave when he talked? THE COURT: Wen, no, exhibit, will out be returned. they were. Q And in thin from quarter of 1'2:00 an or after? A When Ise asked on to leave, and then he immediately Weil, maybe et some distant future time. THE COURT: Did they tell you whether the broker A As soon as 1 net Ilia, at the statism I informed hint 1 made out the statement. MR. FERNANDES: All right. Writ In excellent condition, good, roar, Or poor working mull have some questions and ins-Weis, and he odd Q You say he immediately. How soon after you left him THE WITNESS: That is all right, order? Okay. alone did you receive the statement? Q (By Mr. Fernando.) Now, Mr. Kennedy, prior to going THE WITNESS: No, but It showed era, your Honor, that Q Did you have a conversation with him? A Well, I think Chief Anna and his dcretary went in there hack to the police station with your convermtion with the brakes were serviceahle at the time that they did A I did. for approximately 15 minutes End carne out and she Mr. Kennedy, Mr. Markham, Mr. Garvin, you had ren- work, Q Were Mr. Markham and Mr. Gamin present? typed up a statement Hut he had made. dered an opinion of 20 to 22 miles per hour hued on THE COURT: But whether x brake is in poor or in A Nat at shut lima. Q Did you ate him write it or did someone aloe wade 41 the okidnerkel excellent condition would make Mole difference an In Q Were they present et any time when you had a convex- A I didn't eon him write it, I don't know. A I did. the length It could gee after the brakes are applied? mutton with him? Q Now, you read the detement? Q And at the break we had a conversation about braking, THE WITNESS: That is true, your Honor, A Yes. A I read the statement. did we not? THE COURT: You looked el the tread of them tired Q Please give see the convermtion when they were not Q Did you receive • copy of it? A We did. liui THE WITNESS: They all had tread on them. present. Can you MD us what you said to hint and wItal A I have a copy of it. Q Now, for the record, is it your undendanding that a One THE COURT: Did they have excellent tread? be said to you? Q Did you Irk mar any questions With reference to It/ travellog at 20 miles .n hour requires 25 feet In clop? THE WITNESS: Yes, your Honor. TIIE COURT. Es.sitap me- Just • moment A He Raid, "No comment." I asked him this. I would Like A That is cornet . • s•-:„1 ; 1;.' THE COURT: Sandler to new tires? Off the record. to know chain nornething. Ha acid, "1 have no com- Q Is that the been of your opinion that you rendered to THE WITNESS: Not new, but down a Mlle; not brand (Diarnetion off the record.) ment." the Court earlier? I !! I new. but they were down a little. THE WITNESS: I informed Mr. Kennedy of his rights. I Q Did you ask late Gargan and Mr. Markham anything, A Yes, the reaction time plus the miter per hour. :7 THE COURT: Was the tread in such condition Met the identified myself and told him that I would have to whom he said were his gooneys? Q So, if a car is traveling 20 miles an hour, it requires 25 ear could be stopped In a shorter distance as If they have some information and rime I Plead bare his lien.e A They mid to me that he would make a further state- feet to dup? were new tins? and the resiontiun. ment later and he would answer inure questions. A 25 feet to sop _ THE WITNESS: They were Just or good as n new tire, Q What did he AA Q Did you receive a further statement later from tem? Q And this *multi be it-respect:aro of skid or brake mucks? your Honor A Ile informed me that he couldn't find his pocketbook at A Only the accident report_ A That would be dridmarlu showing that it could be THE COURT: 11 made no difference? the time, that he believed that the registration wait in Q And what does the incident report say? Is it the alone okidniark, according to the existing conditions of the THE WITNESS: No. not with the amount of tread that the Move compartment of the vehicle, which it was. statement which wail given to you earlier in the police highway. they had on them, Q Did you find his registration? sadism? Q On a dry surfece, macadam road, THE COURT: MI right. A I did. A No. This is a photostatic copy that Vila sent back, but I A It definitely 1111.1110 Ship in IS feet. Q Mr. Kennedy, your opinion hi eased on the skid mark. Q And did he protium his license? sent the nridnal to Boston. This is the photostatic copy Q if it wee going 20 miles an hour. it would stop in 25 that you observed or the scum, len't that so? A At that lima, tin. that came hack. (cell Q May I examine it? A That is correct, on a dry road, mac-edam. -70_ - 71 -

II II

Present: Present:

Before: Before:

Q About the accident? accident? the About Q

A About the accident, none whatsoever. whatsoever. none accident, the About A

Q Where did you go? go? you did Where Q

A The Stanton was in the front seal and he kept mum- kept he and seal front the in was Stanton The A

O Now, whet did you do? You say you left the police police the left you say You do? you did whet Now, O

A Inspector Mona and I transported Mr. Gaels/m.11nd Mr Mr Gaels/m.11nd Mr. transported I and Mona Inspector A

Q Did you make any Ohletvaiirms as to limping or any any or limping to as Ohletvaiirms any make you Did Q

A I did. did. I A

Q Did you observe any marks? marks? any observe you Did Q

Q Did you have occasion to tee his arms? arms? his tee to occasion have you Did Q

0 Did you have occasion to watch them walk and move move and walk them watch to occasion have you Did 0

A I dtd. dtd. I A

Q Were you in close proximity to Mr. Gorgon? Gorgon? Mr. to proximity close in you Were Q

A No limping on anybody. anybody. on limping No A

A I did not. not. did I A

A He was wearing a chino chino a wearing was He A Q Would you tell us what he was wearing as you best best you as wearing was he what us tell you Would Q

A I did. did. I A

A I was. was. I A

A I dol. dol. I A

Edgerlown District Court Court District Edgerlown

Edmund Dims, District Attorney for the the for Attorney District Dims, Edmund

Hon. James A- Boyle, Justice of the the of Justice Boyle, A- James Hon.

THE COURT: No. No. COURT: THE

MR. FERNANDES: If your Honor wishes to to wishes Honor your If FERNANDES: MR. THE WITNESS: I won't, your Honor. Honor. your won't, I WITNESS: THE

THE COURT: Then there a no point in having him. him. having in point no a there Then COURT: THE bare, be will repeal it. it. repeal will be bare, at the break Informed me hr had no further inform- further no had hr me Informed break the at

THE COURT No. Mr. Kennedy, you you Kennedy, Mr. No. COURT THE

made public. public. made

lion. lion.

MR. FERNANDES: The assistant, Mr. Mae, I spoke to to spoke I Mae, Mr. assistant, The FERNANDES: MR.

MR_ FERNANDES: Thank you, Mr. Kennedy. No No Kennedy. Mr. you, Thank FERNANDES: MR_

bling, oh. my my oh. bling,

your testimony to anybody until after this ease has been been has ease this after until anybody to testimony your

further questions unless your Honor has some. some. has Honor your unless questions further

pened. There WAS en direct conversation. conversation. direct en WAS There pened.

Markham and Mr Kennedy to the Martha's Vineyard Vineyard Martha's the to Kennedy Mr and Markham

the accident, yes or no, by anyone? anyone? by no, or yes accident, the

station at quarter of 3:1)0, I believe? believe? I 3:1)0, of quarter at station

And during that time wax there any conversation about about conversation any there wax time that during And

around? around?

Atrport from the police station. station. police the from Atrport

sign of injury on anyone? anyone? on injury of sign

T-shirt, sport shirt. shirt. sport T-shirt,

remember? remember?

police station. Now, you saw Mr. Markham and Mr. Mr. and Markham Mr. saw you Now, station. police

THE COURT THE Orogen were there. Did you have occasion to observe observe to occasion have you Did there. were Orogen

skidenerke, was that based on wood or on macadam? macadam? on or wood on based that was skidenerke,

THE WITNESS: On wood, your Honor. Honor. your wood, On WITNESS: THE THE WITNESS: Yes, your Honor. Honor. your Yes, WITNESS: THE

thy Mr. Fernandes) All right, now we are back at the the at back are we now right, All Fernandes) Mr. thy

(Discussion off the record.) (Discussion off the record.) record.) the off (Discussion record.) the off (Discussion

an about the speed of the car based on the length of of length the on based car the of speed the about an them two men? men? two them

understand it. If the brakes were applied. the me will go go will me the applied. were brakes the If it. understand

further On wood than it will go on the macadam? macadam? the on go will it than wood On further

THE COURT. Well, let no see if I can make sure I I sure make can I if see no let Well, COURT. THE

checked and checked and wood is one of the higher higher the of one is wood and checked and checked factors. factors. THE WITNESS: On wood, that the marks would - the the - would marks the that wood, On WITNESS: THE

THE COURT: What is that difference? difference? that is What COURT: THE

THE WITNESS: Yes, there is, your Honor. Honor. your is, there Yes, WITNESS: THE

TICE COURT: Let me lost ask you this question. Would Would question. this you ask lost me Let COURT: TICE types of surfaces that can love been checked checked been love can that surfaces of types

car would travel much farther. The Northwestern Insti- Northwestern The farther. much travel would car

tute Fes set up a nomograph showing all the different different the all showing nomograph a up set Fes tute

surface? surface?

ence as to whether it as musicians surface or a wood wood a or surface musicians as it whether to as ence

you have an opinion opinion an have you

CHRISTOPHER F. LOOK, Jr. Jr. LOOK, F. CHRISTOPHER

- -

God, what has happened. What's hap- What's happened. has what God,

Now, this estimate or opinion you gave gave you opinion or estimate this Now,

TESTIMONY TESTIMONY

m m

OF OF

to whether there Is any differ- any Is there whether to

pair pair

of pants and a short short a and pants of

are are

not to disclose disclose to not

have have

him him

and and

72 72

Q What did you do on leaving the Yacht Club? Club? Yacht the leaving on do you did What Q

A I went out on the launch *loch belongs to the Edgar- Edgar- the to belongs *loch launch the on out went I A

A On the morning of the 19th I left around 12:25 a.m. a.m. 12:25 around left I 19th the of morning the On A Q Now, what time did you finish work at the Yacht Club Club Yacht the at work finish you did time what Now, Q

▪ ▪

Q How one you certain of the time? time? the of certain you one How Q

A Became the menage, had commented, Mr. Richards, that that Richards, Mr. commented, had menage, the Became A

A Yea, sir. sir. Yea, A A I hod my deputy sheriff's uttlfurm on which Is a dark dark a Is which on uttlfurm sheriff's deputy my hod I A

Q Would you describe how you were deemed on the 18th 18th the on deemed were you how describe you Would Q

A Yee, sir. sir. Yee, A A 1 go to work at 8 o'clock to approximately 12:30 to to 12:30 approximately to o'clock 8 at work to go 1 A

Q Q

Ce Where on Chappaquiddick? Chappaquiddick? on Where Ce

Q And what were you doing at the Yacht Club on the the on Club Yacht the at doing you were what And Q

A Yes, sir. sir. Yes, A

Q When did yoo get there? there? get yoo did When Q

Q Q

A No, sir. sir. No, A

A On the south aide of Wendy Road. Road. Wendy of aide south the On A A Well, in the wintertime for the past two years I have have I years two past the for wintertime the in Well, A

A At approximately quarter of 8:00 that evening. evening. that 8:00 of quarter approximately At A A At the Edgartown Yacht Club at the foot of Main Street Street Main of foot the at Club Yacht Edgartown the At A

A Yes, sir.? was. was. sir.? Yes, A Q Now, directing your attention to July 111th, were you you were 111th, July to attention your directing Now, Q

Q Q

Q And do you have any other occupation? occupation? other any have you do And Q

Q And how long have you been ir deploy Ohara? Ohara? deploy ir been you have long how And Q

Q And where do you reside, Mr, Look? Look? Mr, reside, you do where And Q

A Stem 1953. 1953. Stem A

Q And what is your crecopetion? crecopetion? your is what And Q

A Oil dealer_ dealer_ Oil A

A The County Of Dukes County. County. Dukes Of County The A

Q Q

A 18 years years 18 A

A Part -time deputy sheriff. sheriff. deputy -time Part A

A West Trabury Road, Edgertown, Massachusetts. Massachusetts. Edgertown, Road, Trabury West A

A Christoplim F. Look, Jr. Jr. Look, F. Christoplim A

DIRECT EXAMINATION BY MR, FERNANDES: FERNANDES: MR, BY EXAMINATION DIRECT

got them out earlein sod I gaol. "Yes, it is only 12:25. 12:25. only is it "Yes, gaol. I sod earlein out them got

Bute Bute

on the 18th and 19th? 19th? and 18th the on

we had gotten the people out. Some nights It takes • • takes It nights Some out. people the gotten had we

And a patch also? also? patch a And

SIMI, light tan pants with e darkish-brown stripe, badge badge stripe, darkish-brown e with pants tan light SIMI, on the left andnameplate, and silver button, down the the down button, silver and andnameplate, left the on

front and no the lapels. lapels. the no and front

Club? Club?

drinking, that everyone is either a member or a guest. guest. a or member a either is everyone that drinking, or leas of • gate check and making stilt no minors are are minors no stilt making and check gate • of leas or

when you reported to work at the Edgarinwn Yacht Yacht Edgarinwn the at work to reported you when

Are you in uniform at that time? time? that at uniform in you Are

until October 15th we live in Cheppaquiddick. Cheppaquiddick. in live we 15th October until

lived tn Edgartown and in the summertime around April April around summertime the in and Edgartown tn lived

18th and Itrili? Itrili? and 18th

Do you live in Edgartowts? Edgartowts? in live you Do And did you return home on the morning of July 19th? 19th? July of morning the on home return you did And

a Friday? Friday? a

in Ildigartown. Ildigartown. in

Would you tell on where you were so the 15th, which is is which 15th, the so were you where on tell you Would

on Edge/town at that time, were you in Edgartown? Edgartown? in you were time, that at Edge/town on

And had you been there during the day? day? the during there been you had And For whom? whom? For

How long hove you resided there/ there/ resided you hove long How

Mr. Look, would you please 'Svc the Court your full full your Court the 'Svc please you would Look, Mr.

MR. DINIS: Mr. Look, Look, Mr. DINIS: MR.

tome tome

MR. FERNANDES: Mr. Look, please. please. Look, Mr. FERNANDES: MR.

Thomas Teller. Clerk of Courts Courts of Clerk Teller. Thomas

Sidney R. Lipman and Harold T. McNeil McNeil T. Harold and Lipman R. Sidney

Peter Guy, Assistant District Attorney. Attorney. District Assistant Guy, Peter

Helen S. 'Tyra, Temporary Court Officer Officer Court Temporary 'Tyra, S. Helen

Southern District of Massachusetts, Massachusetts, of District Southern

Armand Fernandes, AssisInnt District Attorney. Attorney. District AssisInnt Fernandes, Armand

00, depending upon the activitiev, and d is just more more just is d and activitiev, the upon depending 00,

longer longer

CHRISTOPHER CHRISTOPHER

to get them out end hr had commented we we commented had hr end out them get to

F. F.

LOOK, JR., Sworn Sworn JR., LOOK,

Wednesday, January 7, 1970. 1970. 7, January Wednesday,

Official Corset Stenographers. Stenographers. Corset Official

Edgarlown, Messachusetts Messachusetts Edgarlown,

for the Commonwealth. Commonwealth. the for

Cs How How Cs

Q Whet dial you do? do? you dial Whet Q

O And you saw the lights, you stopped and you got out? out? got you and stopped you lights, the saw you And O

Q How far wore you from the Intersection when you you when Intersection the from you wore far How Q

Q All tight. You stopped your car when you saw the lights lights the saw you when car your stopped You tight. All Q

A I would my that the back wheels hut got off the the off got hut wheels back the that my would I A Q Do you know how far this automobile which you saw saw you which automobile this far how know you Do Q

A Yea air. air. Yea A

A Somewhere around 50 or 60 feet. feet. 60 or 50 around Somewhere A

Q How far had you traveled up Schoolhouse Road when when Road Schoolhouse up traveled you had far How Q

A Right. Right. A Q Where did it go when it pissed iu front of you? you? of front iu pissed it when go it did Where Q

A I think it is around two end a half miles miles half a end two around is it think I A Q Would that be Schoolhouse Road? Road? Schoolhouse be that Would Q

Q Make or size? size? or Make Q

Q So you say •pproximetely 12:40 to 12:45 you were on on were you 12:45 to 12:40 •pproximetely say you So Q

A I noticed it was • dark car that passed in front of me. me. of front in passed that car dark • was it noticed I A A Around 25 feet. feet. 25 Around A

Q Did you have occasion io notice anything shout st? st? shout anything notice io occasion have you Did Q

Q Did you see enyonn or anything? anything? or enyonn see you Did Q

A You man make? make? man You A

A it went into a little dirt road maybe ten feet off the the off feet ten maybe road dirt little a into went it A

A Yea, tar. tar. Yea, A

Q Now, would you tell as what time approximately you you approximately time what as tell you would Now, Q

Q Are you familiar with what is known as Dyke Road? Road? Dyke as known is what with familiar you Are Q Q Where did you go from Chappaquiddick Road? Does it it Does Road? Chappaquiddick from go you did Where Q

O Flow do you get to your home? home? your to get you do Flow O

Q Is that a continuution of the mad? mad? the of continuution a that Is Q

A Yee, of the macadamised part of the road. road. the of part macadamised the of Yee, A

A As I apptoached It 1 mw a me corning from the rigtal rigtal the from corning me a mw 1 It apptoached I As A Q Which Is known known Is Which Q

A l think it is Chappaquiddlek Road or Main Street I I Street Main or Road Chappaquiddlek is it think l A

A I proceeded up towards my home. home. my towards up proceeded I A

O You say you got into your automobile. Then what did did what Then automobile. your into got you say You O

A Ym. Ym. A Q Him long does it take you to get flute the Ellgarlown Ellgarlown the flute get to you take it does long Him Q

A Yea, sir, approximately. approximately. sir, Yea, A

A Yes, sir. sir. Yes, A

A You go up the macadamised rued. rued. macadamised the up go You A

A Well, I have driven the road many times and I would ray ray would I and times many road the driven have I Well, A

Q What lime did you leave the Yacht Club? Club? Yacht the leave you did lime What Q

Q What did you do upon arriving/ arriving/ upon do you did What Q

A 12:25. 12:25. A

CI Is where you landed also the onset of the ferry landing? landing? ferry the of onset the also landed you where Is CI

A 1 would my approximately five minutes. minutes. five approximately my would 1 A A Yen Yen A

A I got in my automobile and went in. in. went and automobile my in got I A

MR. FERNANDES: Yea. Yea. FERNANDES: MR.

entered into Cemetery Lane? Lane? Cemetery into entered macadamized road. road. macadamized your cat and from the point where you taw its back back its taw you where point the from and cat your

THE COURT: Can I just make one suggestion? suggestion? one make just I Can COURT: THE

BB Cemetery Road or Lane? Lane? or Road Cemetery BB back up? up? back

stopped? stopped?

of my car and walked back towards the car. car. the towards back walked and car my of

around the corner and looked Into the mirror of my car car my of mirror the Into looked and corner the around

wheels were lust off the macadam road? road? macadam the off lust were wheels

Chappaquiddick people get last quite often end I I end often quite last get people Chappaquiddick slopped in case they wanted to ask Me which direction direction which Me ask to wanted they case in slopped

you observed thin cm Marne out of what you described described you what of out Marne cm thin observed you is the ferry or this way or that house, and I stopped stopped I and house, that or way this or ferry the is

and noticed the ear started 10 back up. Usually on on Usually up. back 10 started ear the noticed and

road that is commonly known, I believe, an Cemetery Cemetery an believe, I known, commonly is that road

Road, rind it stopped end as it romped I proceeded proceeded I romped it as end stopped it rind Road,

-hand side. side. -hand

Schoolhouse Road and Dyke Road? Road? Dyke and Road Schoolhouse

when they emoted to back up towards me and got out out got and me towards up back to emoted they when

it would take me until approximately 20 minutes of of minutes 20 approximately until me take would it and Dyke Road. Road. Dyke and

that juncture? juncture? that

were it Clumpaquiddick Road at this juncture with with juncture this at Road Clumpaquiddick it were

go Onto Sch001110LISe Rood? Rood? Sch001110LISe Onto go

really don't know what the tom name of the road is, sir. sir. is, road the of name tom the what know don't really

1:00 to quarter of 1:00 to reach the point, the corner corner the point, the reach to 1:00 of quarter to 1:00

home. home.

me over to Cluppaquiddick and I proceeded to my my to proceeded I and Cluppaquiddick to over me

side to Chappequiddick? Chappequiddick? to side

you do? do? you

town Yacht Club, which In the practice, and they look look they and practice, the In which Club, Yacht town

tee away away tee

were you from this this from you were

as? as?

Cal Cal

when you AlOpped AlOpped you when

—73- —73-

A Yes, on my body and uniform. uniform. and body my on Yes, A

Q With the light. on could you see reflections and and reflections see you could on light. the With Q Q Q

Q Q

A Well, it war a moonlit night and my lights were in and and in were lights my and night moonlit a war it Well, A

A It wan on the right-bend rear. rear. right-bend the on wan It A

0 Whet did you notice, if anything, theist the registration? registration? the theist anything, if notice, you did Whet 0

O O

Q Q

Q Were there any lights either by your motor vehicle or or vehicle motor your by either lights any there Were Q

A When the automobile passed in front of me and also also and me of front in passed automobile the When A

A That it was a dark car and that it was a Massachusetta Massachusetta a was it that and car dark a was it That A

Q And what did you observe about the car at that lime, if if lime, that at car the about observe you did what And Q Yes. A

Q Are there any lights at that intersection? intersection? that at lights any there Are Q

A Yes, sir. sir. Yes, A A No, sir. sir. No, A

A That it began with an L and it led a 7 or the beginning beginning the or 7 a led it and L an with began it That A

Q Q

A Yes, sir sir Yes, A

A Yee. Yee. A

A Twenty-fire or thirty feel. feel. thirty or Twenty-fire A O O

A I didn't stop it at first. I almost came to a atop and I I and atop a to came almost I first. at it stop didn't I A Q Tell as exactly what you dol. You stopped your car and and car your stopped You dol. you what exactly as Tell Q

THE COURT: Do you remember If the whole night was was night whole the If remember you Do COURT: THE

THE WITNESS: Yes, I think 11 was, sir. sir. was, 11 think I Yes, WITNESS: THE

In best It was a moonlit night. night. moonlit a was It best In

extremely dark eight. What do you my about that? that? about my you do What eight. dark extremely moonlit night. night. moonlit

a moonlit Midst? Midst? moonlit a

the time I got off work until I went home and I went went I and home went I until work off got I time the

THE WITNESS: Yes, air, at this ;reminder time. From From time. ;reminder this at air, Yes, WITNESS: THE lig ht.. ht.. lig THE COURT: There has been Imainsany that it was an an was it that Imainsany been has There COURT: THE

THE COURT: You feel quite positive about this? this? about positive quite feel You COURT: THE

shadows? shadows? right? right?

THE WITNESS: My recollection, an, II would be a a be would II an, recollection, My WITNESS: THE

it would be. be. would it

a handbag or something, sitting on the back. It looked looked It back. the on sitting something, or handbag a

the hack-up lights of this car and the headlights and mil mil and headlights the and car this of lights hack-up the

conditions. Could you describe what they were? were? they what describe you Could conditions.

Now, as you apporached I asked you about the lighting lighting the about you asked I apporached you as Now,

mt la registration? registration? la mt and also either another person person another either also and

Do you know what tide this object was on, left or or left on, was object this tide what know you Do

THE COURT: Read the answer back, please. please. back, answer the Read COURT: THE

man driving and a woman in the front right-hand side side right-hand front the in woman a and driving man

(Photograph handed to the Court.) Court.) the to handed (Photograph

and one at the end_ end_ the at one and

Did you observe anything .bout Its occupants? occupants? Its .bout anything observe you Did

to me like an object of some kind. I couldn't say what what say couldn't I kind. some of object an like me to registration. registration. (Answer read.) read.) (Answer ear the of photograph the have I May COURT: THE,

And did you alma say, Mr Look. that II was a Massachu- a was II that Look. Mr say, alma you did And

anything? anything?

when I was walking towards it there appeared to he a a he to appeared there it towards walking was I when

which is in exhibit? exhibit? in is which

WA its lights on? on? lights its WA drove down the Dyke Road. Road. Dyke the down drove

Including Its rear !IRMO !IRMO rear Its Including I continued around the corner corner the around continued I

And with reference to the motor vehicle you observed observed you vehicle motor the to reference with And

noticed the car tight. were backing up, and I said to to said I and up, backing were tight. car the noticed

about 35 feet away from my car, any heedlights were on on were heedlights any car, my from away feet 35 about

Now, al your closest point to this ear how far were you you were far how ear this to point closest your al Now,

because the automobiles when they make that large large that make they when automobiles the because

myself, Well, they probably want some information, so I I so information, some want probably they Well, myself,

run into him end the ear pawed directly in front of use use of front in directly pawed ear the end him into run ferry landing on the Inacadmniond road, and then it it then and road, Inacadmniond the on landing ferry

corner mmily cot n very Our and I was afraid I might might I afraid was I and Our very n cot mmily corner

slopped my car and got out and started to we* back to to back we* to started and out got and car my slopped

from It, al its closest point? point? closest its al It, from THE COURT: I will get the picture better If, for exam- for If, better picture the get will I COURT: THE

that motor vehicle at that time? Were they an? an? they Were time? that at vehicle motor that when the car car the when

them on Cemetery Road. I got about 25 01 30 feet feet 30 01 25 about got I Road. Cemetery on them

this ear, and right across and then stopped. stopped. then and across right and ear, this ple, you mid to him, "Just tell an whirl happened," and and happened," whirl an tell "Just him, to mid you ple,

towards mc, and I practically came to a complete stop stop complete a to came practically I and mc, towards

saw the Lights corning from my right-hand side which which side right-hand my from corning Lights the saw

then you do it in sequence. sequence. in it do you then

would he in the direction of the fire station, coming coming station, fire the of direction the in he would

you got out? out? got you

Van Van

backing up and backed towards the the towards backed and up backing

err err

en object of clothing, clothing, of object en

and and Mopped and I I and Mopped Q Now, Mr. Look, when you ray you were about 25 feat A No, dr. (Discussion off the record.) THE WITNESS: No, sir. Mr. Fernandes) Now, where were you slanting THE COURT: Whether It woe four numbers, five num- from the ear it moved away from you? Q Did you hear anything? 1' Q ter A Yes, sir. A No, sit. when you saw the on, canoe oil of the water? bers, six numbers? Q Would you describe how it moved uwey front you7 Q What lime would you my you passed title cottage? A On the top of Dike Bridge. THE WITNESS: No, Or. A le jog drove off. A It would have to tee right uround e few ontriutet, After Q And as 11 was coming out, what did you first see of the THE COCIRT, So that when you saw this number on the water, you can't identify Q Now long did you observe the car? I :45 11.711. car? the car that RAMC Out of A You mean loon the tiro moment I Raw it until I didn't 0 You mean 12:45 or 1:00? A The top part of it and then the beck end and the that as being the ranee identical number Ail you sew me N again? A 12:45, excuse me. number plate. the previous night? Q No, offer It started to move away from you. Q A short time after? Q Andafterexamintg11,01:ti.ti...nec.yoh.,.nbefore is when you concluded this TUE WITNESS: No, sir. A lust R mutter of ten seconds. A Yes, THE COURT: Well, you are unable to positively Identi- Q Weil. how for did the ear travni in distance during three Q Between 12:45 and 1 o'clock, would that be a fair A I didn't examine it that closely. I just looked quickly fy this Cal taken out of the water as the !dewier!' same ten second, (het you observed? represeidetion? and decided in my own mind that was the mime one I car you now the previous night? A I wouldn't VeR10111 10 Say because the roads Seale dry A It would have to he before five minutes of I:00 because Ind seen and I walked over and mentioned d Ito Officer THE WITNESS: to my opinion - end there was a lot of dun and all I maid tee was just I got home at five minutes of 3:00. Brongier THE COURT: No, I'm talking shout the positive Identi• the tiptoe going on down the road, but I wouldn't know Co Did you do anything else Ow Mein? Yorewero to bed, Q At Oral time did you bolt et the number plate leggin? fieallon. how many feet. I take it? A Yes. THE WITNESS: No, I tool. Q You saw the lights going on down the road? Q Aguln going hack to the road where you say you now THE few'OmqURFTs-.3'you..caLl identify the °sect color/ A Yea, sir. ■ A Yes, the rear of lire our going down the road and the Q How fer du you live from the Lawrence college? those two girt. and man, other than the fact one was TIIE husillighte and the dust. I would my hurried moderately. A It is about • mile, 1 would my. Inil and small el cetera; did you make any other °ham. THE. COURT: Or the exact number plate? If didn't quo the wheats when it left. Q The next morning were you aware of the fact the! there 'glom' other than what you told ue, anything specifical- THE WITNESS: No, sir. Q Was at on the macadam) road when it left? had been on accident on Dyke Road at Dike Bridge/ ly ae to deioki. did you make any observation.. an to TIIE COURT" Now. 1 out speculating a little bit, but it A Yes, sir. A Yes. drink? looks isteotfhaoullAcththeiencer in the rear hag, as many can Q Did you two the people in the automobile looking at 0 And in any capacity that you hold or foe curiosity', A Ae to? do, you7 sake did you go down to the scene? Q As to liquor? THE WITNESS: Ycs, sir. A I didn't. I couldn't tell. A My boy enewered the telephone, one of my children, A I couldn't say. 1 just my they were very happy-go-hicky THE COURT: And I take it it wae on that shelf where Q Did you ray anything to them, cry out? my oldest boy, I believe, end f don't know if it was the people. oyou whet .ayo7u thought might be a person or hog same d.thi A No, sir. Communication Center Or who celled, and they mid Q How far away were you from Herrn at exain the closest Q Nothing was said. Whet did you do next? there had been an accident end f nosy be needed to give point? THE WITNESS: Clothing on that side of the car, yes, A 1 walked back to my car and got in it and proceeded Chief Arena some eatistenee, no I went down there. A Five or its fem. gr. home. Q So. you weal down to 11. merle. When you got to the Q All the conversations you had with them wee five to six THE COURT: A tweeter or clothing or a bag upon the Q On the way did you encounter anyone or any other scam., what was there, what del you observe? feet away? sent you wouldn't be able to see? people? A Well, I met Chief Arena walking up towards the Dike A Yea whatever It was from where l slopped the ear to Till'. WITNESS: No, sir. A Yee, sir. Hon., the Mahn cottage, and I mopped and told, Jim, about the edge of the road, Om, We, moon and a half THE COURT: MI HOW Q Could you tell us wile you saw and when? can I help you? And he smirk yes, you probably can be feel. MR. FERNANDES: hi your Honor please, I have no A 1 met two women and a nom. There was one tan girl mine help keeping traffic sway. There is a car over- Q Are you certain there were no lights on at the Lawrence further questions of Mr. Look. They were in a line going down the road. turned here is the thing and we are trying to find out if collage the! you remember? THE COURT: Thank you, Mr. Lnok. You are excused. Q Behind each other, elngle-file? there In enyone in it. A 3 couldn't my that night. THE WITNESS: May 1 be excused? A Yes. M. I approached them it would he to tall girl and a Q Where was the car, in the water? Q hot sore of your mower; you don't know? THE COURT: Yes. little shortei one end a fairly short man. They were A Yrs. A No. THE WITNESS, Thank you very much. going in the same direction that I WI_ Q Than what happened? Q There were none or you deal know? THE COURT: You sin not to repent your tosilmany to Q Which would he toward, the Lawrence cottage, as you A So I told my oldest daughter to eake the car end bring A I could not say. anybody until the case finally becomes politic. know it? her mother to town and I would slay there and help the Q You don't know? THE WITNESS: Yes, Mr, A Yes, Fir. Chid. which I did. A I don't know. Q And towards your home? Q And was the car removed from the water in your Q Well, let's talk ',bout no eutomobete Is front. Can you TESTIMONY A Right. presence? my definitely there was not a cur in front of the OF Q Now, did you new eny other ears? A 'Yes, quite a long while later. Lawrenre cottage that night? EUGENE FRIER A No, no. 0 And whet if anything did you observe of that lime or A No, I can't. Before, Q Did you sec anyone else other than them people on the say? Q 011, you don't know? Hon. lames A. Boyle, hotice of the road? A Wet, prior to the car coming out of the water, I had A I don't know, no. Edgerlown District Court A No. sir. !woke to the Chief and also to Patrolmen' Robert THE COURT: You weren't paying any particular rotten- Q Whether or not you had any convereetion with anybody Broueim about seeing people walking on the road and tion when you were driving? Present: of dejected end m that time/ also observing the car, and Odd him I hoped this weirs'[ THE WITNESS: No, sir, I woo met kind Edmund Dine., Dietriet Attorney for the A t stopped my car and raked if they would like a Lift. the same one; end about that time Chief Atone came up offered my assistance and tried to to the two people. Southern District of Maresechusetu, Q Was there a response made to you? alter they were mill trying to get the tar out and he THE COURT: I went to ask you about the car That Armand Fernandes, remittent Dietriet Attorney, Peter Gey, Ambient District Attorney, A Yea there was. Joked Me if I would give him a ride beck to the point came out of the seater. You cold, I think, that the night Q Would you tell on whit wee said? and I told hint I didn't here my car, that I knew before you saw a dark colored earl for the Commonwealth, A As I rectal and to the treat of any recollection, the girl doctor than we, there that would give Mtn a ride back THE WITNESS: Yes Thomas -feller, Clerk of Courts on the and maid, "Shove oil, buddy." that lime an Chappaquiddiek and he did: he look him THE COURT: You mid, re t understand it, that this car Q Ia this the 11 one? down to the pool About o Ina hour elapsed and Chief went by you and 11 wan a dirk colored car? Haien S Tyre, Temporary Court Officer A The lull one. -Shove off, buddy," or 'Shove off, mister, Arena mime back and told the patrolman and myself THE WITNESS: Yes, sir. Sidney R. Lipman and Herold T. McNeil we are nor plekoope," ex something to 113/t effect,•and and mid, emu, do you know who was driving that ear THE COURT: Could you be any more definite about Its Official Court Steno/mediae. the own in front, I was about ready to get out and ask last night? I said, I hadn't the gighlest idea, only from color other than it was a dark color? them if they wanted a lift, and the man in front mid. what I told him it impeller." to be a men and woman THE WITNESS: No, sir, that it was either black ur deep Edgartown, Massachusetts "No, thank you, sir. We am only going to Iltie place and somebody else. He mid, it le Senator Kennedy. I blue or dark-- Wednesday, January 7, 1970 over here," and he pointed in the direc000n of the said, oh, my God. 'HIE COURT: Or a dirk green, any dark color? commie Q What time wee this that he told you that? THE WITNESS: Yee, sir, THE COURT: Has she gone out for somebody? Q The Lawrence cottage? A It would be Nal a guess, I would my, sometime mound THE COURT You couldn't, then, identify it se being MR. DINTS: Yea, your Honor, Mr. Frreh. the under- A Yee. 10:I5 or 10:30. the same color? taker- Did you make any obxereation of these people? Q Did you look at the car? THE WITNESS: No, gr. A One *rat very tall end the other girt was 'Mort and the A The car war null in the water THE COURT: Definitely at the ear that you eew taken EUGENE FRIER, Sworn man was dour. Q Did you see the car et ell? out of the water? Q Apart from aloe, anything else/ A You could fuel we the four wheel. mocking up. THE WITNESS: No, gr. DIRECT EXAMINATION BY Mit. FERNANDES: A They were wearing decks and is looked like boat eneak- 0 Were you at the scene when it came neat of 11)0 water? TfIE COURT: And you recoenimed or you saw a letter, 0 Neese give the Court your foil name_ Mr. Erich? ere. the Iwo girls, end they were very jovial, happy. A Yea. a seven, and then another seven at the end/ A My full flume le Eugene Frith, no middle Melia] Q Did you hear any bother conversation at that time? Q What did you observe ohont it at that time? l'IlE WITNESS. Yee, sir. Q And how do you matt your test cams? A No. piss A Al moon as they started to pull it out end it became THE COURT; flo you remember how many numbers, A E-r-i-e-h It svelte Poch, but I've always been celled Q When you passed by the Imerence cottage, did you visible, I walked over and told Officer Brougher. gee, lettere and aumben there were un the plate/ Erich. obeerve any 010100 vahielos ouleole it? that is themnie ear I maw lam night. THE WITNESS: Since the' rime-- Whet oe your legal addrem? A Nu. air. THE COURT: Nail to foreclose, but are we going to get THE COURT: No, no,' mean thew A Delano Road in Vineyard Haven, Meseachowelts Q Did you observe Any Bahia? all this some evidence from Chief Maui? • 74 - -75 -

artv?.. artv?..

Rti Rti

yip yip

iYy iYy

' '

Q And you say you waited until you heard from Dr. Milk? Milk? Dr. from heard you until waited you say you And Q

A Yea. Yea. A A Yes, I was an instructed by Dr. Mille at the dock. dock. the at Mille Dr. by instructed an was I Yes, A

Q Q A That Is right. right. Is That A

A It produced sonic water flow, water and foam, mostly mostly foam, and water flow, water sonic produced It A

• • A And looked at her eyes_ eyes_ her at looked And A

Q And what did you observe when Dr. Mills performed his his performed Mills Dr. when observe you did what And Q

Q Q Q And did you observe Di. Mills' examinglion? examinglion? Mills' Di. observe you did And Q

A They had been in our custody_ custody_ our in been had They A A I did so. so. did I A

Q And mete they subsequently given to Letirtemni Killen? Killen? Letirtemni to given subsequently they mete And Q

A I did ao. ao. did I A A Well the usual procedure of general examination of a a of examination general of procedure usual the Well A

Q And could you tell as where? where? as tell you could And Q

Q I ask you to examine the Items In this bag. Have you you Have bag. this In Items the examine to you ask I Q

A Yea, air, at the funeral home after authortration from from authortration after home funeral the at air, Yea, A Q And Is it not a fuel, Mr. Pilch, that you removed them them removed you that Pilch, Mr. fuel, a not it Is And Q

A Al or much later date, sir. sir. date, later much or Al A

A On this young lady. lady. young this On A

Q Was there a special kind of, not a belt, trot a chain chain a trot belt, a not of, kind special a there Was Q

A (Wttness complied.) Yes, sir. sir. Yes, complied.) (Wttness A

Q Q

0 0

Q Would you tell us hoer? hoer? us tell you Would Q A That, as I understood, Mopped from the girl inevicon to to inevicon girl the from Mopped understood, I as That, A

A Not immediately, sir, on our arrival. arrival. our on sir, immediately, Not A

Q Did you have °cession at that time to observe a body body a observe to time that at °cession have you Did Q

A Yes. Yes. A A Yea, I believe two bracelets and a ring. ring. a and bracelets two believe I Yea, A

A Yes, In the police cruiser in due course. course. due in cruiser police the In Yes, A

A Long-alerred blouse, dark slacks. sendela, a !way blue blue !way a sendela, slacks. dark blouse, Long-alerred A

A Well, approximately ebout. between 9:311 and quarter of of quarter and 9:311 between ebout. approximately Well, A

0 And what time would you say you came about the the about came you say you would time what And 0

Q And in that rapacity were you smiled or summonsed to to summonsed or smiled you were rapacity that in And Q

A Yes. Possibly between 9:00 or 9:15. We didn't jot jot didn't We 9:15. or 9:00 between Possibly Yes. A Q Could you tell the the tell you Could Q

A I was. was. I A

Q And yuu were so occupied on July Ift, 19, 1969? 1969? 19, Ift, July on occupied so were yuu And Q

A I win. win. I A

Q Your occupation, sir? sir? occupation, Your Q

A Mortician. Mortician. A

funrrol (tome? (tome? funrrol

Some Some

After you left the aces you took the body to your your to body the took you aces the left you After

fam. fam.

loon. lie also inenipulated the thoracic region with his his with region thoracic the inenipulated also lie loon.

secitona of the thoracic thoracic the of secitona

Did Uri. produce a flow of water? water? of flow a produce Uri. Did scene? scene?

blouse took his stethoscope and applied It to various various to It applied and stethoscope his took blouse Did this produce a a produce this Did

body so found. Dr. Milk loosened up the front of the the of front the up loosened Milk Dr. found. so body

examination? examination?

hands- hands-

from her with your sasistano. Mr. Gushy, G-u.ay? G-u.ay? Gushy, Mr. sasistano. your with her from

around the waist? waist? the around

aeon them before? before? them aeon

Now, did you have occasion to observe the body at the the at body the observe to occasion have you did Now,

But rip until thin time they had been in your custody? custody? your in been had they time thin until rip But

our removal. removal. our

Dr Milk to prepare the remains, remains, the prepare to Milk Dr

I auk you to examine - wan there anything else? else? anything there wan - examine to you auk I side? side?

bra. bra.

on a litter on the shore side of of side shore the on litter a on

down Ilw time. I received • confront communications communications confront • received I time. Ilw down

Do you recall how that body was Messed? Messed? was body that how recall you Do

amine? amine?

Were you directed to a body? body? a to directed you Were

Reggae Bettencourt who guided us down to the Dike. Dike. the to down us guided who Bettencourt Reggae Mr. Guay and the removal ear and I went with Captain Captain with went I and ear removal the and Guay Mr.

center to proceed to Chappaquiddick. It didn't mention mention didn't It Chappaquiddick. to proceed to center

to Edgartown with us and onwards to the Dike. He and and He Dike. the to onwards and us with Edgartown to Dr. Mills was there awaiting our arrival and he rode over over rode he and arrival our awaiting there was Mills Dr.

when we arrived at the ferry boat dock in Edgartown. Edgartown. in dock boat ferry the at arrived we when

my mum Mr. Guay and myself proceeded down end end down proceeded myself and Guay Mr. mum my

10:00. I should say, along there. there. along say, should I 10:00.

because there was a drowning on Chappaquiddick So, So, Chappaquiddick on drowning a was there because

the Dike at the time, just proceed to Chappaqutddick, Chappaqutddick, to proceed just time, the at Dike the

you went to Chappartutddick That day and what lame? lame? what and day That Chappartutddick to went you

Dike Bridge in Chappaquiddlek? Chappaquiddlek? in Bridge Dike

water water

and foam? foam? and

flow flow

Court Court

of water? water? of

region region

the cirmonstances under which which under cirmonstances the

that that

and the abdominal re. re. abdominal the and

bridge or the water water the or bridge

-76- -76-

Mr. Kielty told you and identified the woman? woman? the identified and you told Kielty Mr.

You spoke with Mr. Kielty? Kielty? Mr. with spoke You

John Kielty John and see that the daughter was brought back to Ply- to back brought was daughter the that see and

Through a call from the Kielty Funeral Home in Ply- in Home Funeral Kielty the from call a Through

mouth for service and burial. burial. and service for mouth

Kopechne, the mother of 'Ka decedent. to take charge charge take to decedent. 'Ka of mother the Kopechne,

mouth, Pentuylvanie. They had helm gulleirized by Mrs. Mrs. by gulleirized helm had They Pentuylvanie. mouth,

Now, hole was it that you knew who this body was? was? body this who knew you that it was hole Now,

didn't know whir this gal was? was? gal this whir know didn't Up to the time, yea, you are Heist I dui not. not. dui I Heist are you yea, time, the to Up embalmment_ embalmment_

And op word the lime you embalmed the body, you you body, the embalmed you lime the word op And Yes. Yes.

All right. After the embalming was complete, did you you did complete, was embalming the After right. All receive a telephone call from anyone? anyone? from call telephone a receive

at the prop table wea such that it would appear to be be to appear would it that such wea table prop the at

Mg inasmuch as I was called out. out. called was I as inasmuch Mg

The left hand, it seems to me it was, because my stance stance my because was, it me to seems it hand, left The am trying to find something. something. find to trying am

there Then I had to lean and Mn. limy completed the the completed limy Mn. and lean to had I Then there

body, did you not? not? you did body, Well, up to the tine tine the to up Well,

Well, Doctor. then you finished your premiratioo of the the of premiratioo your finished you then Doctor. Well, Were you in, the some day, were you there as he - he as there you were day, some the in, you Were

the left hand. yea. yea. hand. left the

mostly. I should my Mr. Gamy did the primary conhelm• conhelm• primary the did Gamy Mr. my should I mostly. Yea, the balance of this work wasn't done by myself myself by done wasn't work this of balance the Yea,

Oh, boy, I'm nut certain. certain. nut I'm boy, Oh,

I believe it was the left band, Doctor. Doctor. band, left the was it believe I On the left hand, on the left knuckle? knuckle? left the on hand, left the On

Usually it is that way; you have two thumbs when you you when thumbs two have you way; that is it Usually

Yea. Yea.

The only bruising 1 saw saw 1 bruising only The

May I? I? May

You may refresh your recollection if you you if recollection your refresh may You

That would make it pretty MO anyway, would it not? not? it would anyway, MO pretty it make would That

was very alight. We call that a alight abrasion, that k all. all. k that abrasion, alight a that call We alight. very was

In any event you saw no marks or bruises or anything? or bruises or marks no saw you event any In

Yea. Yea.

soaping the body down with a 'germicidal map and and map 'germicidal a with down body the soaping

Very much. much. Very

that sort and crashing there might be some fractures fractures some be might there crashing and sort that

fractures, feeling in my own mind going over a bridge of of bridge a over going mind own my in feeling fractures, and in so doing I thoroughly examined the scalp and and scalp the examined thoroughly I doing so in and

manipulated it in my Drumm to see if there were any any were there if see to Drumm my in it manipulated

observe? observe?

Wee the body still in rigor mmHg? mmHg? rigor in still body the Wee

things of that mu that we usually find on a &radiant, &radiant, a on find usually we that mu that of things

Well, I assisted my own issistitai in eleaming the body, body, the eleaming in issistitai own my assisted I Well,

but I didn't find any ft any find didn't I but external nem or marks or bruises or what did you you did what or bruises or marks or nem external

nated with much salt water and a kith. seaweedage and and seaweedage kith. a and water salt much with nated

teak charge of cleansing the hair which vans impreg- vans which hair the cleansing of charge teak In your preparation of the body, did you notice any any notice you did body, the of preparation your In

taking the spray and washing the body and I permnadly permnadly I and body the washing and spray the taking

arrangements. arrangements. from the oxillary region. region. oxillary the from Yes, ate, the .111 we cleansed the body first and then then and first body the cleansed we .111 the ate, Yes,

Yes we did. At the time of the preparation it was taken taken was it preparation the of time the At did. we Yes

not? not?

prepared the body. body. the prepared

After receiving the telephone call? call? telephone the receiving After

And you produced a blood sample for the doctor? doctor? the for sample blood a produced you And

body, prepared the body) body) the prepared body,

would be necessary and tutu to to ahead and make make and ahead to to tutu and necessary be would

Yes Yes

He did at 111111 time. time. 111111 at did He

noels that no further examination such as an autopsy autopsy an as such examination further no that noels

Can you tell as approximately when you heard from Dr. Dr. from heard you when approximately as tell you Can Now, let me ask you; at thin time you embalmed the the embalmed you time thin at you; ask me let Now, Ile also told you they wonted a blood sample, did he he did sample, blood a wonted they you told also Ile recall, he said if I was perfectly satisfied with my dug- my with satisfied perfectly was I if said he recall, mentioned names or not, but that in his own worth, worth, own his in that but not, or names mentioned

What did Dr. Milk lay to you? you? to lay Milk Dr. did What

District Attorney's office and I ain't reran whether he he whether reran ain't I and office Attorney's District

He had said to me that he would he in touch with the the with touch in he would he that me to said had He

Milk? Milk?

It would eppear to be about 17:30 that noon. noon. that 17:30 about be to eppear would It

. .

of of

amines. amines.

the partial embalmment I wee wee I embalmment partial the

war war

on the left knuckle. Theo Theo knuckle. left the on

- -

y 7 •• •• 7 y

want. want.

.10 .10

as as

.147fLttlaVIIR

. .

l l

Q It is my understanding that Lacy wanted u twin engine engine twin u wanted Lacy that understanding my is It Q

Q (By Mr. Finlander) With referee= to the body, when when body, the to referee= With Finlander) Mr. (By Q

A The following day, which was a Sunday, and it was was it and Sunday, a was which day, following The A

Q This was idiom 3:00 o'clock? o'clock? 3:00 idiom was This Q

Q And at that time did he Identify the girl? girl? the Identify he did time that at And Q Q And what did he say? say? he did what And Q

A He did not. We wouldn't allow him to go down In the the In down go to him allow wouldn't We not. did He A A Well, he said he just had flown In from Nantocket and and Nantocket from In flown had just he said he Well, A

Q Where did you see Mr. Gifford? Gifford? Mr. see you did Where Q

A About 3:00. thereabouts. thereabouts. 3:00. About A

O O

A Yea, that was in the middle of the afternoon. about about afternoon. the of middle the in was that Yea, A Q Well. can you tell me how - could you Mil ore whether whether ore Mil you could - how me tell you can Well. Q

A When he arrived at my office he entered nip funeral funeral nip entered he office my at arrived he When A

A He didn't identify the woman. It was actually presumed presumed actually was It woman. the identify didn't He A

A He told me he was authorized by Mrs. Kopechne to to Kopechne Mrs. by authorized was he me told He A

1,41•1,471

this body down in the Comanche airplane they wooled wooled they airplane Comanche the in down body this

so fly it down in, and the bog twin that they have had had have they that twin bog the and in, down it fly so THE. WITNESS: I I WITNESS: THE.

Airlines which could be converted for the carrying of of carrying the for converted be could which Airlines

office and no did Dave and he tat by the phone. phone. the by tat he and Dave did no and office wondered If It would Inc all right If they could use Maas Maas use could they If right all Inc would It If wondered

THE COURT: At no time? time? no At COURT: THE

loom! oil failure and lust couldn't he used and they they and used he couldn't lust and failure oil loom!

didn't overhear those calls, because l walked out of the the of out walked l because calls, those overhear didn't scheduled to leave at 9.30 but due to the fact of of fact the to due but 9.30 at leave to scheduled

THE WITNESS: No. No. WITNESS: THE

on any telephone calla to to calla telephone any on

TIIE COURT: Were you going to ask him about the the about him ask to going you Were COURT: TIIE

THE COURT: Execs. me, did he gee the body, body, the gee he did me, Execs. COURT: THE

TI1E COURT: And you any he made some long Maumee Maumee long some made he any you And COURT: TI1E

plane instead of a single engten? engten? single a of instead plane

soden from the Kielty Funeral Home down in Pennsyl- in down Home Funeral Kielty the from soden

the body. body. the

THE WITNESS: I have no idea. I didn't went to in mode mode in to went didn't I idea. no have I WITNESS: THE

plane that that plane

morning mentioning the fact that they Jun couldn't fly fly couldn't Jun they that fact the mentioning morning

THE WITNESS, At no time. No one but Dave and and Dave but one No time. no At WITNESS, THE your Honor please. please. Honor your

THE COURT: Who paid for them? them? for paid Who COURT: THE

THE COURT: Do you know what cities he called? called? he cities what know you Do COURT: THE

mately about 9:00, 9:30 along In there on the Sunday Sunday the on there In along 9:30 9:00, about mately

did it leave your funeral home? home? funeral your leave it did THE WITNESS: the did make some long instance instance long some make did the WITNESS: THE

Barre Scranton Airport, this Hathaway AFA, which a a which AFA, Hathaway this Airport, Scranton Barre

doling his presence I had mod to Dave Guay, I said, your your said, I Guay, Dave to mod had I presence his doling credit card or whether he actually reverted the call and and call the reverted actually he whether or card credit

certificate it we have to ship this body down to Permsyl Permsyl to down body this ship to have we it certificate

Air Funeral Arrangement Smokes, called up approxi- up called Smokes, Arrangement Funeral Air blood sample? sample? blood

eulhorily as far as I ant concerned. Fru taking all my my all taking Fru concerned. ant I as far as eulhorily

rania. So, when hr heard that, he said to Dave, well, con con well, Dave, to said he that, heard hr when So, rania. authority? Well, he mid, I was told that I could come come could I that told was I mid, he Well, authority?

telephone calls? calls? telephone

had better run down end catch Dr. Mills on a death death a on Mills Dr. catch end down run better had

weather conditions and the breakdown of of breakdown the and conditions weather

here end make erningemema. I said, well, you have no no have you well, said, I erningemema. make end here

to stop him, him, stop to

myself saw that body. body. that saw myself

MR. FERNANDES: Yea I wonted to finish this first, if if first, this finish to wonted I Yea FERNANDES: MR.

I tide down and see Dr. Mills? Well, I had no eutlionty eutlionty no had I Well, Mills? Dr. see and down tide I

ing in my office and walked doectly into the office office the into doectly walked and office my in ing or not you had a conversation with Mr. Gifford? Gifford? Mr. with conversation a had you not or use the telephone and he made some telephone calls and and calls telephone some made he and telephone the use

he wanted to make arrangements, and I aid, by whose whose by aid, I and arrangements, make to wanted he vania. So, he let tt go at that. Ile asked me if he could could he if me asked Ile that. at go tt let he So, vania.

3:00 o'clock 3:00

home and apparently heart myself and Mr Guay speak- Guay Mr and myself heart apparently and home condition of the body and 1 told him that the body had had body the that him told 1 and body the of condition comae It was flown down. down. flown was It comae

and I asked him how; and he said, well, can you fly it it fly you can well, said, he and how; him asked I and than the personnel we authmim. authmim. we personnel the than down? I said, yes, we have arrangements. So, in due due in So, arrangements. have we yes, said, I down?

making himself known as being on the Kennedy Mall. Mall. Kennedy the on being as known himself making

prep room_ No one has authority authority has one No room_ prep

me to ship it down our soon soon our down it ship to me

What exactly did Mr Kielty tell you? you? tell Kielty Mr did exactly What

that this was the daughter of Mu. Kopechne Mu. of daughter the was this that

been fully cleansed and properly prepared. So, he told told he So, prepared. properly and cleansed fully been

monk. arrangements, that he intertugated one one intertugated he that arrangements, monk.

rgy. rgy.

was was

. .

so so

he rode down and saw Dr. Mille. Mille. Dr. saw and down rode he

to fly this young lady down to Wilkes. Wilkes. to down lady young this fly to

c101

1 1

remember whether be used a a used be whether remember

we we

as as

didn't stay right these. these. right stay didn't

'possible to Pennsylvania, Pennsylvania, to 'possible

to to

go In there other other there In go

. .

a a

particular particular

as as

to the the to

77 - - 77

Q It was supposed to love left mmetime 9;00, 9:30? 9:30? 9;00, mmetime left love to supposed was It Q

CI And your legal address, Mr F Mr address, legal your And CI

Q And in fact when did the body leave? leave? body the did when fact in And Q

A The body left at 1130. 1130. at left body The A

Q Would you please tell the Coati rum hill mime? mime? hill rum Coati the tell please you Would Q

A John N. Ferrer. Ferrer. N. John A

A Yes, due to the fact we were taking this Dun Gifford Gifford Dun this taking were we fact the to due Yes, A

A We were supposed to leave our funeral home at 9:30 9:30 at home funeral our leave to supposed were We A

Q And you relayed that to Dr. Mills and he completed the the completed he and Mills Dr. to that relayed you And Q Q Through your assistant, Mr Gutty? Gutty? Mr assistant, your Through Q

EXAMINATION BY MR FERNANDES. FERNANDES. MR BY EXAMINATION

Q Mr. Guay took it to the hayracks and and hayracks the to it took Guay Mr. Q

Q Sunday morning? morning? Sunday Q

O What did you do with the sample you had? had? you sample the with do you did What O Mote Mote

Q All right. When did you receive intrum•clon shout the the shout intrum•clon receive you did When right. All Q

Present. Present.

A The aetuel - - aetuel The A A Yes Yes A Q Now, what did you do with the blood 'sample that was was that 'sample blood the with do you did what Now, Q

A Lucas, yes. yes. Lucas, A A That is right, it is necessary to complete a death certifi- certifi- death a complete to necessary is it right, is That A

A Sundry noontime. noontime. Sundry A A That is right. We give him an abstract of the whole whole the of abstract an him give We right. is That A A Dave had had Dave A

and meal the plane between then and 10:00 o'clock. o'clock. 10:00 and then between plane the meal and

escorted Hos young lady down on the plane and the the and plane the on down lady young Hos escorted

Thomas Teller, Clerk of Courts Courts of Clerk Teller, Thomas

flown that moaning with Mr. Gifford anyway unless we we unless anyway Gifford Mr. with moaning that flown TIIE COURT: Don't say anything about your testimony testimony your about anything say Don't COURT: TIIE down, which was upparently authorized bemuse I asked asked I bemuse authorized upparently was which down,

wea a single or twin engine plane It couldn't have bran bran have couldn't It plane engine twin or single a wea

fly down. The fact still still fact The down. fly

did go Mass Airlines. Airlines. Mass go did

show up by late afternoon, I said to Dave, I guess you you guess I Dave, to said I afternoon, late by up show

THE WITNESS: All right, on, will do. do. will on, right, All WITNESS: THE

word came back affirmative and so we allowed him to to him allowed we so and affirmative back came word

S01111111111 District of Massachusetts, Massachusetts, of District S01111111111

Sidney R. Lipman and Harold T. McNeil, McNeil, T. Harold and Lipman R. Sidney

Herbert Mamma Esq., for John Farrar. Farrar. John for Esq., Mamma Herbert Dave to call end see if it would be okay If Dun Gifford Gifford Dun If okay be would it if see end call to Dave THE WITNESS: Thank you. you. Thank WITNESS: THE

THE COURT: All right. right. All COURT: THE

thing. thing.

death certificate? certificate? death

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen

Edmund Dink, District Attorney for the the for Attorney District Dink, Edmund girl's name, age, et cetera; all the information necessary necessary information the all cetera; et age, name, girl's

Petet Gay, Aaistant District Attorney, Attorney, District Aaistant Gay, Petet

to anybody. anybody. to

Sergeant Lucas? Lucas? Sergeant

cate, and I received Ihet from the Kielty Funeral Home. Home. Funeral Kielty the from Ihet received I and cate, he did. did. he Armand Fernandes, Assistant Diotriet Attorney, Attorney, Diotriet Assistant Fernandes, Armand

had better run over to the barracks and drop It, which which It, drop and barracks the to over run better had

taken by you? you? by taken Edgartown District Court Court District Edgartown

Hon. James A. Boyle, Malice of the the of Malice Boyle, A. James Hon. would be picked up, and when the State Police didn't didn't Police State the when and up, picked be would

Mr. Friel, if your Honor please. please. Honor your if Friel, Mr. to complete the death certificate? certificate? death the complete to

MR. FERNANDES: All right, no further questions of of questions further no right, All FERNANDES: MR.

Ilse Ilse

JOHN N. FARRAR, FARRAR, N. JOHN

message message

101Hil FARRAR FARRAR 101Hil

TESTIMONY TESTIMONY

1[11181111 1[11181111

OE OE

from the Slate Police that II II that Police Slate the from

Wednesday, January 7, 1970. 1970. 7, January Wednesday,

Official Court Stenographers. Stenographers. Court Official

arr

- - - -

Edgartown, Massarrnuastta Massarrnuastta Edgartown,

ar? ar?

for the Commonwealth. Commonwealth. the for

Sworn Sworn

mg:lidless of whether It It whether of mg:lidless

gave gave it to Trooper Trooper to it window. A The front of the ear is improxinmecly ten feet from the A Oakdale Drive, Edgailown, Q You determined that under the wooer? Q And what In your occupation, sir? bridge, front the alignment of the bridge. and the rear of A Yes, dr. A Reneger of the Turf and Tackle Shop here in cdp, the car Jutted out from are bridge perpendicularly_ At fe By the way, had you come up at any time to tell Chief town. that time II was upalrearn, the way the tide was running Arena what you found/ Q And arc you a member of the local Search and Rescue then. A I bed not Mlle up It any time to tell Chief Amite what Squad of the fire department? Q And how deep was the water, If you know? I found. At that point I War working under whnt A I am the captain of the Edgartown Fire Deportment A The depth of the water at that time was sli to seven considered emergency conditiona. I could observe N Search and Ruse,. Diction, Scuba Scorch and Rescue feet. body there by the feet, bat f could not conic to any thei11011. Q Was it going tip or dawn? cortelusion as to whether she was olive or dead. And bow long have you been involved In scuba diving? A The tide was falling al that lima O Su you went into the car through the &leer 's side? And you may you walked to the hack of the ma nail you A Since I was 15 years old. Q A No, sir, from the right rear window. I %tatted from the And how old are you now? observed Iwo feet? driver's window, warlord around the back and seined A Thirty- three. A That is right, a pair of fret. uccess through the right rear window. Q Now, I direct your attention to July 1801 and 19th. in A pair of feet? Q Which woo open? your rapacity as captain of the Scuba Smirch and Remake QA Right. A Which was blown out. 0 You were looking now through the rear window of the Q Had you determined Division wore you summonsed to Dyke Road and Dike that before you went in? car? A I determined that both Ike right hunt and the right rear Bridge? A That a correct, looking through the rear window of the windows were blown true did determine that before I A Yes, I was- car, end a pair of feet were virihly acerb' heonese the went in because the fragments of glass werestill in Q Will you left us epprOallnately what time? light hit them. evident. wooed the periphery of the window frame. A At approxiinatety 8:25 HMI. on July 19th. Q What Light? Q So you entered the vehicle, did you? How? A Well. The light that Is reflected_ Thin is difficult to A I did. A i resolved it message to the effect that a ear wan upside describe, but when you are under Wale, light is very indite And what did you do then? down. Thal call was received on the fire department rect, there's sort of o halo of light over everything. radio, to the effect that the Car was upside down at the A 1 reached up with my hand inside. I observed her po- The light in this mac would be reflected off the bottom Dike. Bridge and to proceed there with scuba par. sition first. carefully reached tip with niy hand inside of the pond and I mould me the two feet in the rear win- I:5 How did you get theme taking edited of her right thigh. I turned her wiredr the dow there. A I immediately left for the fire department from the Turf car. At this point, of course, I was Roma that the girl Q The light, of the Car were nor on? and Tecate. I loft for the fire department to pick up the was deed nice the girl was turd and rigor molds had eel A Nit, sir. in. scuba gear and was joined by another fireman to go to Q With reference to the feet, whet position were they In? the CheppaquIddirk ferry. We missed the ferry by one I reached her head through the same previously-men- You say you now two feel. With reference to the car trip thereby losing five minutest in transit. tioned right rear window. mooed my safety line which I which to now on its goof, what is the position of the On crewing over I suttee up, that Is, put on my wet suit had with me around her nee), in tbe event that I was feet? and matte the tank ready to go. Chief Amalie Silvia was unable swimming with her Lu item the 511.01.4. tide which A 1 saw the two feed together in the top of the right side fared with the bulk of both oar hodim on removal. waiting Oil the other side and we ' sped to the reline, I of the our window. Now, by top 1. am referring cross- Antane Silvia and Lawrence Mercier accompanying The point of the safety line Is simply In the exteet for ways to t he wifece of the water. Q How long did It take you to get three? my own safety I could let het go and not lose the body. So you mean the floor of the mir7 Q I ovum able to gem Ilia tide and I mom up In the outer A We arrived at the bridge at 9:45 having been in transit The section of the window closest to the floor of the • tear of the can which war jut burly submerged for 20 minutes. and car, If you will, yea. Wimwws arrive at r.tryartaLt Jot hearing- Q What bone did you strive al the scene? where Chief Arena waited for me. A The position of this Is diagonally Renato from where 1 Approximately 8:45 rm. It was approximelely 8:55 a.m. The recovery took ten A first looked Into the me On entering the open right. Q Were you informed that the owner of the car was Mr. window - I proceeded emend to the right side. On Edward M. Kennedy by Chief Arena or did he my Ted mAninusuotesti as Chief Arena WRY the body, he celled the A As far as the car itself was concerned, no, I didn 't to entering the open right window and looking up I found Kennedy? comely commie the Medical Examiner. He directed. ex- back Into the wetet We did conduct at a later time-- the victim's hoed cocked back, face pruned into the A Yes. I believe it was Ted Kennedy but I was infotmerf as cuse ate, the cormty coroner, the Medical Examiner and Sines it woo atilt thought that mother person could be Loot well, hand holding onto tire front edge of the back I got out of the tar by Chief Arena who was silting on the Regittry of Motor Vehicles inspector to he called in the car see concluded another up-fide search and seat. By holding herself in a position such as dm could anJ iaswd e pickup order tor Kennedy. the Fero of the can to the middle of the oream that it Ted found no other body. avail herself of the boo remaining air in the car. was rogietercti to Ted Kennedy and that he thought Q What did you do with the body? Q Did you find n chain belt of some kind, n waistband? 't know Q Wen, so we underatend each o,het, you don A Chief Arens. and I placed the body in a boat and it somebody may he inside. was A Yes. Back et the time I removed the body there was done, l want you to describe just moiety what what Wan removed to the cruiser by the pollee and fire depart. Q What did you do? wound hes waist, and I observed It liar time. it was you saw. A The Chief was in a bathing suit and bad attempted to meat personnel. amend her wake, I observed a gold chain belt. As she may offers picture A That Is what I am dregeribing, ob. I Q After handIng the body ova, did you awn do !AMC- dive to the car but atoned that he could not make it to came through the window the belt became unlinked and it that would be of arty help. It would be worth a thing it the scene, the car because the current was too swift. The tide was fell to the bottom. I [xenon I picked that up when I thoolond words. A I audit returned to the wreck through the right - hand going outand the water depth wan approximately on to picked up the prose. Yea, Mat is correct_ have, Q Let ale HO toilet you front window, again the paosenger 's side. I removed a seven feet. The car was upside down. Were you present when the motor vehicle woe righted? fSketett heeded to Mr. Fernendecii Q You said the car was upside down. Were you in the purse casting on the headliner inside the car. A Vox, I was. Q Was that prepared by you/ Q The headliner? water? Q Whet did you do? A That was prepared by en ire-LW under my direction, It A By headliner I mean the Liner which goes on the kohl,/ A I mum down-0dt, was then down-tide of the motor A No. - was actually redrawn approximately three times to be of the roof. If 1 my the roof ■ peat merry people think Q What you just described In what the police chief told vehicle in the event anything else was dialodged wan come as close as possible to that which 1nlaverved. the top of the car. It was resting on doe roof inside the partially on the surface and partially untier the wider THE COURT: To what aide is the bridge/ car which woo upside down. A yarn is right. and at the time It was righted I observed large sir THE WITNESS: The bridge is to the Left. Q He said the rater Is six feet deep here? Q Was it In the front or beck? bubbles and at the time it was being towed out, emana- Q The car is resting at its roof? A No, I ern sorry. This was a conclusion that I formed A II was In the front seat area I removed it through the ting Dom the vehicle, A The ear is resting epode down on is roof 617 she bridge after going into the water. front window. In other words, directly an lop of the Q The car was taken from the water, Was It not? would ha to the left, This is the eurfece of the pond. I want you to tell me what you did. You went into the sight seat area. A Yen, This Is the bottom of the pond. The bridge would be to water? ie. And then what did you do? Q Did you have occasion In ohearve It? doe lee We are !poking— A Right. A I quickly checked the rest of the car and brought the A Yea, I did_ AI the lime It was pulled onto the More so THE COURT: Are you sure? Look at it again now. Q What did you do? purse to the surface and gra it to Chief Arena. Upon that the rent end, I believe there is a picture or LI, as a THE WITNESS: Yes, air, am very sure. We ale looking A I went into the Weller and checked the car rot the opening re the eater and contents began in mill our. matter of fact, taken front the newspaper picture of the at it irom the side that the individual was removed The Chief then closed it sod ttwrned it to the for left-luind driver's side. I fooked through the open win- car and the pictom of me inside with my Link Ain rm . from. dow land found nothing in the (runt sest. Fifteen to removal to the Ahura Q Were you the flint permn in reach the ear? MR. FERNANDIIS: May we go off the record for a thirty seconds were necessary to Nexus-16m my eyes to O "11..d y.ounri.yo nnylking after A Tim! Is correct. moo/A.M., your Honor? the dartnese of the car. I then walked wound to the A I removed IL. I proceeded to get .11110 mite NM witty the 9 Could you lee us again with respect to particularly THE COURT: Yes. back of the car and taw two feel together in the top of of the vehicle basket been windows and doom did you make any observation/ (Discussion off the record.) the right side of the rear window. done A Yes, I did. THE COURT: This will he No_ Ie. Q Now, before we get to that, what to the povitIon of the Would you like to get into - I examined the perm at a Q What did you note? (Sketch of our in wales- marked Exhibit No. 141 ear to the bridge/ later date with the police Do you want to get Into A I noted that the two widows can the light-losed front Q Now, Mr Ferree Imeirm ullacrocal this body In /hot po- A The position of the bridge woo perpendicular to the that? door and root duos wee blown out with the glee sition what did you do? Medea_ Q No, we will get into that with the Chief. sneaked and must of the glass shattered and weird A Since both right front End hack windows were blown Q The front of the car in where? ISM you go beak trio the valet and make say other throughout the car as if from impact 'The left -hand eider out the removal was secompilshed through the right rear march? - 18 - - 19

--no = • •--1- Q Tell as about the right doors, the front seal passenger's

A I didn't have occasion to observe the two right doors Q I ask you to Mob at this photograph.

Q is that the photograph you referred to miller? A Yes. A This is not the photograph I was referring to. However.

Q I ask you to examine the Exhibit No. 1 and ask you to

A Yes, sir.

Q Is that how it appeared at the scene? A Yes_ Q Nonage to the doors particularly?

A Yes. I have a description that I wrote down at the scene

Q I show you Exhibit No. 13. Examine the windshield and

Q is that Ike mutumobile that you saw that morning?

A Yes.

A Absolutely right, and the scar on the bridge an inch of the holism. The driver's .low was locked.

The snap button was pressed Jowl:. The only window Q Go ahead. window, the driver's window, was rolled down to withm

safety film holding the window virtually intact. lo other A At the lime the picture I was referring to. The windshield was obstensibly smashed, however the intact was the left rear window. That was completely intact.

Q Did you have an occasion to see whether or not the and Ilse back seat passenger's side. Were they locked or open? words, it was not blown out as were the two right Q Whet did you observe? A Yes, sir. I did. windows,

A On removal of the car I unlocked and opened. I should

other than to notice shut there

both doors and the Celtic right side and lop.

stripe was found un the helium of the water near where

shows me lying on the front this Is a photograph taken at the time. The chtome C) Did you have occasion to make obactvetion as to the

Q You say the befits were on A No, I did not °burry the speedometer. sticking out. I believe It was a black photograph. What I the wreck had been- The photograph I WWI referring In door open and just shows tiny tank and flipper feel

Q Would you tell the Court the character of the pond on apprupliale contents. was doing at the time was examining for any further A The lights - the switch was in the on position all the

Q Bottom of the Peucha Pond where the cat was resting. A By that you are referring to the bottom dreamt:mitten? look at the motor vehicle which is shown there, the

right side of that motor vehicle.

A The Newel of It where it was resting had some small

as to the exact damage as t saw it, and this looks very close to il, Let me look at the windshield for a minute.

Yes, the windshield o virtually est found it.

the roof.

THE COURT: Are Clime already exhibits?

THE WITNESS: At the time-

MR. FPRNANDES: Yes, they are.

if It is of Interest to else 051111, but the picture showed condition of the driving manuals of the car.

the Inside of the car and at that time I observed the

IguIlion was on'?

ray on partial removal of the tar in the position In those

allowed me, I had occasion to upon the driver's dual pictures you just showed me. the first picture you utter unlocking it end entered the ear and I found the The car was in Orion. The gear was in Drive and the

ignition and the headlight switch In the On position.

speedometer? which we found remarkably dry. brake off and at a Inter dale we examined the trunk

way out to full headlight

which this car was resting, was it flat, tenet. rocky.

would you describe that?

It has been pot recently dredged and the car was reeling rocks In it. However. it la osteneibly Oat clue to the fact

Arena's position tucking Cl Om bridge on the back. (rota

neat,

very nee! the

writ, if I were sitting in Chief

seat

wee

extensive damage to

of the car with the

don't know

the mine.

A I made some measurements on my own as to the po- Q Could you give us those measurements?

A My measurements were the tact —

120

() (By Mr.

A My time observation of the water depth was at the time

stream where the dredge had cut away, because I found the back of the car. the car was resting very close to the

right-hand bunk where

hank as you look at the bridge from the wreck_ it was difficult for me actually to look Into the left front window. The car, however. was time the right-hand Q (By Mr. Fernandes) The 36 feet, would you tell me Now, with reference to measurement. at the water, did

sition al the car from the point of impact, the height of you make any tequest of anyone?

A Out would he the point measured from approximately

fall and the height of the water .

Q All light. Now, did you make any other measurement. THE COURT: These were measurements taken al whet time?

Q Have you in opinion as to

THE WITNESS: The measurement of the water was at A No, I did not, air. the lime of the accident when I was in the water_ The within two hours after the accident. THE COURT; All right.

measurement as to the (omega on the bridge were

A Yes, the tide at that time THE. COURT: I nn not getting this. I don't know that

TilE WITNESS MR. FE.RNANDES: This is on luly 19th, on the 19th. Q And if you know, how often does the tide change in we have established exactly the time of the accident.

scene, sir_

11IE COURT. I sec. Well, you had better give us the THE COURT: Oh, you said at the time of the accident. THE WITNESS A Well, of course, every six hours II the coalition of the Q And ere you familiar with thill ma? You have mum accident scene.

Q And do you know the wirioua tide depths in the area of A Yes, I hive

- times when you give on those measurements. Alt right. Q Yes, the high end the low. approximately. A Tide depth.?

mat of the depth of the water? of recovery of the body. Q If he knows. A THE COURT: Which sass? THE WITNESS. Which was, I believe as I previously

stated, at 8:53. I foetid the water at that time between six and seven feel, depending on where you were. In

other word., around the cat there was a variance within

car went relationship to the bridge and the marks I briefly a foot, The measurements of lire position of the

of approximately eight feet.

found to be a projectory of a Melons& from the point of THE COURT: Let's keep away if we can possibly. impact to the ea of approximately 36 feet and • drop Could you just point to the chalk?

because it never shows in haul record.

where that Is from, for my own purpous?

the middle, the marks on the bridge, the middle between the two ',mks on the bridge to the perpendicti.

tary in front of the ear. et that time?

tide pulling you in Mat water? I know you mentioned at the time of recovery, 8:53 a.m. you had difficulty at the time,

completely stack wills the change of the tide which was

four knot,. It epproximately 11:30 a.m.

that area?

tide.

there before?

the accident/

THE COURT: Wail a minute. Off the maid_ Yen

(Discussion off the record.)

Fernandes) What time did you make a =mute.

Measurements on your own

Al the titan that I was at the neeldent

You are right; al the time I was at the

later

on the right-hand bank of the

slacked up

was approximately

what the current was or the

d. of

was apptoximatety

Or at the

course, went

four knots

Q (By Mr. Fernandes) Mr. Fume did you have occasion to Q Would you tell us what you observed? A Yes, sir, I did. A

Q And do you recognise any of these articles? Q I show you the items. Were you present

A Yes, sir, I was not only present, but I observed Dr. Mills Q With regard to what, Mr. Fernandes? Q Old you make any other observations at the scene, Mr. A Well, those are the sane clothes we had at Wilkes-Barre.

(3 No, Dr. Mills has testified. Q Yes, air.

A Yes, 1 made only in that

Q There was no identity of this girl made? A All right. I spoke with Mr. Fried at the scene. We went

A At the time we thought become I went through the

() Do you know approximately what time that was?

A This is hard to place, but I would say, well, approxi-

Before:

Present:

dressed? dressed She had on a white blouse with a gold chain belt, a dark make observation as to how this body was clothed, blue slacks, and sandals on her feet. In other words,

same clothes. and I my I recognize them here if they are indeed the

was at the merle? The automobile or the body Ow you hove riot yet told I saw them at Wilkes-Bore and I recognized them there, make his examination of the body at the scene.

us? Farrar?

of the body. Would you like me to to Into that briefly or o that unnecessary? Physical which was already observed; the inside, the hack amt. Dr. Mills as the scene as he was making his examination the trunk, end the Dunk was remarkably dry. through the car extensively after it was drawn out

purse on the shore, we were under the impression, f wits under the Impression and the other police were under

other occupants of these two Arena caused the rooms to be checked to lee If the the impression that it was Rosemary Keough end in the purse we found two keys to the Dunes or the Katama shortly, well, ai I was planntng further diving efforts Chief the whereabouts of the girls were known. This is when Lodge Motor Inn end et that time the rooms, Chief

possibility of another person In the we still assumed because of she two keyes, we assumed the

and we uteletstoud Mint it was to see Ted Kennedy. I was leaving; that he ltd enter into the water, I hail done sonic divine previous to don't have the exact time of that. Chief Arena can give his return, and I was planning further diving effort., Chief Arena said to me, go ahead with your alerts, when he eration, We know who the ails if, and there was no one that, but on Chad Arena's return, Pot about a. f was to else in the cur. 17IE WITNESS: Yes, sir. THE COURT: You have no further questions? Arena returned and mid, you

THE COURT: I have no question.. You are mewed. mately 11:30 is the best lino that I can put down. THE COURT: And 1 think you have been warned not MR. FERNANDES: No. to disclose your testimony.

MR. FERNANDES: Thank you, Mr_ Faroe Thank you, Mr- Abram..

Southern District of Massachusetts,

lion. James A. Boyle, Justice of the

Armand Fernandes, Assistant District Attorney, Peter Gay, Animate District Attorney, Edmund Dint., Muriel Attorney Edgartawn District Court

observations?

If she had just come from

RICHARD P. HEWITT

TESTIMONY

call and be had to leave and go,

saw De Mille and spoke with

may

rOoms were in Thom or

for the Commonwealth.

for call

the

party.

off ewe. It

when

your dining op-

was, well,

On. Mills

-81 -

13 Please glee the Court your full name?

Q Occupation, sir? A Q And where do you live, Mr. Hewitt? Q You A Richard DIRECT EXAMINATION BY MR. FEHNANDO.e, Q And I direct your attention to those two A True A Notion Street, Edgartown, Massachusetts. 43 I direct Your attention specifically to the morning of the

A Yes.

Q Was Mr. Grant on duty with you also?

Q All right. On the 19th at approximately 8330 o'clock A No. A Yes, 15 Alone? Q Could you tell as where you saw him? Q Tell us A Yea.

A Well, It was approximetely in the vicinity of 9:00

O You didn't know them before Q With two others? A No.

Q Now, do you know any of the other two men? A Correct. A He walked on the ferry. Edgettown side.

Q Now, where did they go; where did you take them/ () And how did you measure this time to be 20 minutes? Q You stayed on the Chappaquiddlek aide for 20 minute.? Q Well, how tong were yen in their company or In their Q And could you Sell us where they went on Chappaquid- A They went to Chappaquiddiek. Q Did you have occasion to make A From pictures 1 love men ahem, I recognize one as Q You cononood hack and forth? A

A Oh, I would say approximately 20 minute. or so. A They didn't go very far They mood around the point 45 Do you know how he was dressed?

Q Do you recall whether or not any of them appeared to A 1 don't recall. A All that I recall was that he had a shoo-sleeved sport Q How About any of the other two gentlemen? A Well, I figured that I merit two or three trips In hetween A No. A Yes. A

Thomas Teller, Clerk of Comm Helen S. Tyre, Temporary Court Officer

Stenographer..

Harold T. McNeil and Sidney R Lipman, Official Court

Ferry operator. ing? have occasion to - were you use duty, were you work-

19th; were you on duty?

Thal morning or so, did you have occasion to sec Mr. o'clock. Kennedy?

them now? dick? Nu. over there.

Mat khan). No vicinity? shirt are the color, the

time I took them hack. Kennedy at that time?

No You don't mall if they were dims. - how they were be injured In any wiry? Messed?

were

lime; that time, She lime I took them over and the

whet time [het was as you but remember.

bo occUpleil on f uly 18.19, 1969?

MR. FERNANDES Mr. Dewitt

Hewitt.

RICHARD P. IIEWITT,Sworn

couldn't tell you.

Wednesday. January 7, 1970.

Edgattown, Mamachusetts,

any observations

and

you don't know

days;

not

of Mr

you

Mr. A Six o'clock. A f didn't nittieti anything that would make me think that Q What did he tell you? A He told me that the car that went off the Dike Bridge Q What time did you close up? they were tenured. had hien identified as Mr. Kennedy's . A I close the ferry down al about a quarter of 1;00 Q Were you on duty July 18? Q And then did anyone re Lay that to Mr Kennedy? Q And what time did you leave the area? A Yea, A Yea, or not to Mt. Kennedy. Ind to Mr. Mnrkluitn. A About 20 after 1:00 Q What Ernes? Q Arid who did that? THE COURT: Is that no the Edgeriown side where you A From 12:00 until 6 lit, p.m. dose op ? Q From 12:00 in the afternoon until 6:00 that awning? A I did. (2 What did you tall Mr. Markham? THE WITNESS: Right. A Yes. A I asked bins if he wits twine of the accident and he said Q Now, would you tell nawhat fond of it night was that? Q Are you familiar with Mr. Kennedy's cat? yes, we (vat heard about it. Do you remember the weather canditionr? A No, I am nut. A It was a beautiful night, very calm, the water Or were you familiar with it at that lima? Q Those were his Nowt words? was like A Right. glass. Titer ia the reason I stayed there because It was A No. like a humid night and ll was too hot to sleep, Q Whet time dime your ferry close? Q Yes, we juel heard about IA? A We Just heard shoat it. Q Wan there a moon that men? A Midnight. Q And after you relayed that information to them, what A I couldn't ray. I ran"( remember fur sure. And u there a nen on elther of the ferry areal indica- did you do? Q Du you recall whether or not goat had any pexiengcra ting that? A I had passenger. on the ferry; l went hack and went to (rum Edgartown to Chappaquiddick lam that night? A Yes. A Yes from Edgartown to Chappaquiddlek, yes, I did. Q And when was your Mit run - when would your test Edgarrown. Q Did they go back with you? Q Can you tell an Approximately what time? run from Clumparpriddick by to Talent- town. at 12:00 A Yes. A Wall, 1 took the Matone acmes about quarter to 1:00. o'clock? Q So we Q How long after you relayed that information? you were on the Otappaquiddick tide quarter to A Not necessarily, In the mitirnertime, quite often, I:00? bare to stay until 12:30, L00. A Did Igo back 10 Ednorlown? Q With them, yes, how long utter the converrotinu you A Yes, 20 minutes to 1:00, quarter to I:00. Q Lat roe rephrase It. When was your last Van on the 19th had with Mr. Markham did they go bock? Q Did you see anyone OT anything in that area .1 that or Ike 111th? time? A On the 111th 1 wouldn't know. My last run was at 6:00 A Whitt a couple of minutes. Did you have a run its between that conversation? A No. o'clock. Q don't believe so, Q Did you return to EdeArtuwnt Q Wino an on et that rime, Mr. Grant? A No, I Q It wan initially the same lime, would that he a fair A Yes. A Mr. Grant came on. Q Do you know from him what hate he clotted down? representation? Q And you steyed at Ednotown until 20 minutes past A Yea 1007 A Nu, I don't. Were there any calls made after you relayed that infor- A Yee. Q Can provisions be made fora later run? O Q Are you pretty certein of the time? A Yea. mation? 13 And is there a phone to which access - is there a phone A No - oh, excuse me, what do you mean by salts? A I ore potty certain within about Five minutes. Q By any of the three at that time. Q That was not as a moult of any conversatton or any me ran the Chappequlddick Lida? THE COURT: I thought you anawered me you didn't or any relocate? A Yea. see anyone make any calls? A No. 1 Janet happened to be there working, doing same THE COURT: A public phone? work on the ferry and just puttering around with It. THE WITNESS: Yes, a public phone. THE WITNESS: No, I didn't Q (By Mr. Fernandes) You have nil Specie' phone to reach Q thy Mr. Fernandes) Nor on the Edgarlown tidy? Q Is this on the furry iandine, the ferry allp, is that the word you sae? Senator and Mrs. Kennedy are mobbed by neivxmert on zteps of you; it is a public phone? A Na. MR. FERNANDE.S: AB right, no further questions. A Yea. the Dukes County Cour.Mom, A It is a public telephone. are excused. Has Aft Grant got Q And on the Edgartown side, I lake it, too, there in a THE COURT: you Q Did you net anyone In the area when you left? A Than were a lot of people In the area_ phone? something additIonnI to offer? MR. DIN1S: I don't know that. I don't helmet no. Q On what side? A Yes, that is true. A On the Ertgartown side. It was the night of the Regatta. MR. FERNANDES: MI right. rfalleatt on Cheppaquiltdick, the Clumpaquiddick ferry THE COURT: There is nothing more you know about TESTIMONY There were people on the dock; therm were some people area, and l want yaw attention and I went you to come OF fishing off the dock, there wore boat. running bark and this? and pick me up, bow do 1 do that? JARED GRANT forth in the liArbor. THE WITNESS: No. A There is a hall on the side of the building over there. Q Now, are you familiar with Mt, Kennedy's car 07 Were THE COURT: It is the other men — THE COURT: l think you amen after you have snored Before: you it titer lime? down for the night and gone NW_ FERNANDES: Mr. Grant. A No, I wasn't, THE COURT: -- that had the I:envoi-ration nail eo - Ilan. Tamer A. Boyle, Justice of the MR. FERNANDES: No, If he is n[01 that I would ring MR. FERNANDES: I will develop it if your Honor Edgartown District Court Q You never raw him drive over with a cm? the hell and you would come raver? A No. wishes. Present: THE WITNESS: Right. (By Mr. Fernandes) Mr. Dewed., you were on duty that Edmund finis, District Attorney for the Q You wouldn't know if anyone drove his ear white you Q were on duly? Q If you am not there I would use the telephone and Re 11 morning, the morning of the 19th. were you nut, when Southern District of Massachusetts, result of the call you would arrive? A No. Dr. Mills and the Fire Department went over? Armand Fernandes, Awarfunt District Attorney, A Yes. Usually what people do In drive up to the ramp for the Commonwealth. Q Were yo [?available for cells if someone wanted the ferry A Yes. that ighn u?t with their lights on and leave them on crud we come and gin them. 0 And this to the mom morning you had seer, Mr. A I was. if they Mould happen to walk down, if you Monism Teller. Clerk of emote don't see aeyboily, it baths dark over there, they ring Kennedy and two gentlemen? 0 Was Ihre standard rime-rehire with your ferry operation Helen S. Tyra, Tcmporrey Court Officer the hell to come acme:. A Right. in the summertime at that time? there far 20 minutes? Sidney R. Lipman and Harold T. McNeil, Q Now, you say they west A Year round we are an cult 24 hour. a day. THE COURT: Do you have anything more of Mr. Official Court Stenogrephere Grant? A Approximately. In And u there a public telephone that you are 'Were of Q Do you know what they wary doing? MR. FERNANDES: No, you Honor. Edgerlown. Massachusel alai on Choppaquiddlck? A They appeared to be just milling around waiting, far A Yes. THE COURT. We will take an hour for hutch. Wednesday, January 7, 1970. (Luncheon recess.) sunirthing or someone. Q When do you normally .Jere down? Q In what area were they milling around? JARED GRANT, Sworn A Usually we close down at 11:00 and we get out of there A The parking are over there on Chappaqinchilek Point. tonally around I2:30. AFTERNOON SESSION THE COURT: Did you me anyone use the telephone? 2-0S p.m. EXAMINATION BY MR FERNANDES: Q And if someone wanted yon after 12:00, where would THE. WITNESS: No, I didn't. they call? Q (By Mr. Fansindee) They were not in the telephone Q Would you plume give the Court your full mom? A My .house. MR. DfNIS: ff yaw Honor please, we have one Witnina A Jared Grant. 01111 .wittel niCh.y areal Q. Are three numbers ported on either aide Of the ferry? ief Arena and that complete the 0 And whore do you live. Mr. Grant? witness fur u A They were In the telephone area. A Yee, they are. A Edgertown. Q Al any time? Q And did you miaow any calls that night, THE COURT' Yes. Mr. Dints, did you make any Inverni- Q And your ocrupetton„ tie? A All the flow. within 50 feet of the telephone, A No. saran through the Registry of Motor Vehicles to deur. 0 All right. Now, were you present when anyone had any A Owner of the Choppaquiddlck ferry. Q If I am at Chappaquiddick and 1 ward the ferry and you mine how loamy car, in Malitachusatla are registered with Q And were you appealing the ferry sometime on the ItIth thus L7 convermiton? are not Mete al the landing. how do 1 find you7 If 1 use A No. and 191h, 1969, 1uty? 14 t a telephone, where does this call get me, to pout holm? Honor, we did not. Q Either those three or other people with them? Yea, 1 operated on. I believe n Was the night of the A A Yes. TI1E COURT: I Hunk it it an ittipariarit lital I Will Veen A No. 18th, pooh pone this inglieSt. Now. I duel% know, it may turn Q A switchboard of mote kind? Q Did you have a conversation with Mr. Bettencouri? Q And what time dill you seen work? out that there ixnu other car that has an L7 and A No, there Is a regular dial system and my number In 7 A Yes ending, or it could bi that any °flux combinetion could - 82- - 83 -

• •

*--, *--,

i i

Q For the record, would you please give the Court your your Court the give please you would record, the For Q

Before: Before: Q And porn occupation? occupation? porn And Q

Present: Present:

Q And were you so oimupied, Chief Arena, on July July on Arena, Chief oimupied, so you were And Q

(2 Could you tell us what time, under what circumstances? circumstances? what under time, what us tell you Could (2

A My legal uldresa is Cooke Street, Edgartown; Cooke Cooke Edgartown; Street, Cooke is uldresa legal My A

A Chief of Police, Edgartown, Massachusetts Edgartown, Police, of Chief A

DIRECT EXAMINATION BY MR. FERNANDES,: FERNANDES,: MR. BY EXAMINATION DIRECT

A I win- win- I A Q And for the record mho, your legal address, address, legal your mho, record the for And Q

A I wu. wu. I A

A Dominick J. Arena Arena J. Dominick A

Q Now, Chief, sometime on July 19 wore you summonsed summonsed you wore 19 July on sometime Chief, Now, Q

A At applommately 14.20 am am 14.20 applommately At A

THE COURT: Well, you would lune to summons down down summons to lune would you Well, COURT: THE

row to go with those gob. gob. those with go to row records. records.

MR. DINIS: We could have that in on how. I think think I how. on in that have could We DINIS: MR. be a white car. car. white a be

THE COURT, I consider it could he aerY important. important. aerY he could it consider I COURT, THE

THE COURT. Well, you will have all day tomorrow, tomorrow, day all have will you Well, COURT. THE

away. I will gel on it with the Lieutenant. Lieutenant. the with it on gel will I away.

MR. FERNANDES: Your Ilunor, we will start el right right el start will we Ilunor, Your FERNANDES: MR.

can check that. flow is thin number running? running? number thin is flow that. check can THE COURT: The first letter L,the first number 7, and and 7, number first L,the letter first The COURT: THE

MR. DIMS: Well, we can begin that right now now right that begin can we Well, DIMS: MR. MR. FERNANDES: We will have the information. information. the have will We FERNANDES: MR.

MR. DINIS: First we will have to find it it find to have will we First DINIS: MR. bemuse I would suspect we would have all day tomor- day all have would we suspect would I bemuse

MR. IHNIS. Could we check that immediately? Whet Is Is Whet immediately? that check we Could IHNIS. MR.

that combination, L7, your Honor? Honor? your L7, combination, that

the last number?. number?. last the plate. plate.

THE COURT: I figure it would have to be three or four four or three be to have would it figure I COURT: THE

MR. DINIS: Well, there are only din numbers on plates. plates. on numbers din only are there Well, DINIS: MR.

MR. FERNANDES: It could have been a three minibus minibus three a been have could It FERNANDES: MR.

Chappaquiddick at that time. time. that at Chappaquiddick

THE. COURT: I don't know. Number one, maybe no no maybe one, Number know. don't I COURT: THE.

nun THE COURT: Or the other car is a while car. I mean, I I mean, I car. while a is car other the Or COURT: THE

MR. DINIS: I see what you moan. In other words, and and words, other In moan. you what see I DINIS: MR.

17 and ending In 7. We will try to find it. it. find to try will We 7. In ending and 17

MR. FERNANDES_ I don't know how many will be on on be will many how know don't I FERNANDES_ MR.

possible combinations. combinations. possible car hi a Volkswagen. Volkswagen. a hi car

other err happens to have that combination or the other other the or combination that have to happens err other don't know, but I can see where It might be important important be might It where see can I but know, don't

MR. FERNANDES: Precisely. Precisely. FERNANDES: MR.

Thiamin Teller, Clerk of Court, Court, of Clerk Teller, Thiamin

You are going to do the examining? examining? the do to going are You

to to-called Dyke Road and Dike Bridge? Bridge? Dike and Road Dyke to-called to

Sidney R, Lipman and Harold T. McNeil, McNeil, T. Harold and Lipman R, Sidney

MR. FERNANDES: Yes, Mr. Arena, Chief Arena. Arena. Chief Arena, Mr. Yes, FERNANDES: MR.

Southern District of Massachusetts, Massachusetts, of District Southern

full name? name? full

Commumirations Center concerning a car overturned in in overturned car a concerning Center Commumirations

Edgartown District Court Court District Edgartown Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen

Edmund Dine.. District Attorney for the the for Attorney District Dine.. Edmund

/ion. Junes A. Boyle, Juance of the the of Juance Boyle, A. Junes /ion.

Pete. Gay, Assistant District Attorney, Attorney, District Assistant Gay, Pete.

Armand Ferrumdcs, Assistant District Attorney, Attorney, District Assistant Ferrumdcs, Armand

Elleartawn Police Department from the Duke* County County Duke* the from Department Police Elleartawn

1969? 1969?

with an e on the end. end. the on e an with

the water near the Dike Bridge on Chappaquiddick Chappaquiddick on Bridge Dike the near water the

Mere in the the in Mere

DOMINICK J. ARENA, Sworn Sworn ARENA, J. DOMINICK

DOMINICK J. ARENA ARENA J. DOMINICK

TESTIMONY TESTIMONY

- -

OF OF

7. We don't know how ninny ninny how know don't We 7.

Wednesday, January 7, 1970. 1970. 7, January Wednesday,

Official Court Stenographers. Stenographers. Court Official

Edgertown, Massachusetts Massachusetts Edgertown,

call was received at the the at received was call

for for

the Commonwealth. Commonwealth. the

. .

Of Of

we we

18, 18,

84 - - 84

Q And whet did you find upon arriving there? Who was was Who there? arriving upon find you did whet And Q

Q And what did you do lifter receiving this call? call? this receiving lifter do you did what And Q

Q Which side of the bridge were they Diking off? off? Diking they were bridge the of side Which Q

A 1 pokeeded to the Edgar-levee eruiwr, went to the ferry ferry the to went eruiwr, Edgar-levee the to pokeeded 1 A

A On arriving at the Dike !hedge I parked my car, the the car, my parked I !hedge Dike the at arriving On A

A They were fishing off, in I looked at the bridge off the the off bridge the at looked I in off, fishing were They A

Q Are these the boys who had suinmonmed police? police? suinmonmed had who boys the these Are Q

O Did they may how long they had been tithing there? there? tithing been had they long how may they Did O

Q As a result of the conversatona seeing the cur, what dld dld what cur, the seeing conversatona the of result a As Q

A Yee, to my knowledge these are the two young men men young two the are these knowledge my to Yee, A

A They hurl been there for a short time an far as I know. I I know. I as far an time short a for there been hurl They A

A I went to - I went back to the cruiser and made a call call a made and cruiser the to back went I - to went I A Q Yes. Yes. Q

Q flow long did your attempt to get into this car lest! lest! car this into get to attempt your did long flow Q

Q What happened after they arrived? arrived? they after happened What Q

A I entered the water from 11w right side of the bridge and and bridge the of side right 11w from water the entered I A

A I would say it couldn't have lasted much more than ten ten than more much lasted have couldn't it say would I A

front of me. I was the first and only car car only and first the was I me. of front

landing, hoarded the ferry. There was no other traffic In In traffic other no was There ferry. the hoarded landing,

dimity to the Dike Bridge um. um. Bridge Dike the to dimity

muser. Just at the head of the bridge. the island side of of side island the bridge. the of head the at Just muser.

arrived. arrived.

there, firm of all? all? of firm there,

hese and they said, yet, yet, said, they and hese

the bodge. They were in fact, they were fishing when I I when fishing were they fact, in were They bodge. the

left side of the bridge. I raid to them, Is there a car over over car a there Is them, to raid I bridge. the of side left

the bridge, and there were two young men fishing off off fishing men young two were there and bridge, the a ear °authored In the water, completely submerged, submerged, completely water, the In °authored ear a

Rode over to Chappie on the ferry and then proceeded " " proceeded then and ferry the on Chappie to over Rode

crest of the bridge, the peak on the downward tide, now now tide, downward the on peak the bridge, the of crest

have been the right side of the bridge. I walked over the the over walked I bridge. the of side right the been have

above the water. water. the above

don't really know how long. long. how know really don't

with a portion of the left rear tire of the car showing showing car the of tire rear left the of portion a with

lived In the Dike House. House. Dike the In lived

officer or that another officer on duty he sent to Chop- to sent he duty on officer another that or officer

Officer Robert Broome', 13-4-crug-i-a-r, another officer officer another 13-4-crug-i-a-r, Broome', Robert Officer

here, us I distill know whether anybody was in the car. car. the in was anybody whether know distill I us here, Officer Roomier to get me a listing, a registry Wing on on Wing registry a listing, a me get to Roomier Officer

who had called Mrs. Maim. There was a Mn. Maim who who Maim Mn. a was There Maim. Mrs. called had who

She also was renting the so-salted Dike Mouse which 13 13 which Mouse Dike so-salted the renting was also She tried 10 See if anybody was in ii. and meal adroit that I I that adroit meal and ii. in was anybody if See 10 tried to the communications center asking that one mine mine one that asking center communications the to

about 100 feet. I bless, from the bridge, 1 inked her if if her inked 1 bridge, the from bless, I feet. 100 about

the scuba diver stand by and the fire deportment over over deportment fire the and by stand diver scuba the

paquiddick to try and gel a ride over and also to have have to also and over ride a gel and try to paquiddick

a few moments later I just don't know how long, long, how know don't just I later moments few a

of difficulty when I got to the car bemuse of a strong strong a of bemuse car the to got I when difficulty of

mine hack to the water. Du you want me to continue continue to me want you Du water. the to hack mine

you do? do? you arrived at the same time with Chief Attiring Silvia of the the of Silvia Attiring Chief with time same the at arrived of the pilings of the bridge and made it back out to the the to out back it made and bridge the of pilings the of

the woman who had called the communications center. center. communications the called had who woman the

this operation woe going on I was with the car, as I mid, mid, I as car, the with was I on going woe operation this

and while I was sitting on the car waiting for them, I I them, for waiting car the on sitting was I while and

of the Ede/loosen Pobro Department natant. I think he he think I natant. Department Pobro Ede/loosen the of

the house, changed Into her husband's bathing suit and and suit bathing husband's her Into changed house, the

could not stay tinder and stay with the cat So, white white So, cat the with stay and tinder stay not could

her husband had • bathing suit in the hourt. I went to to went I hourt. the in suit bathing • had husband her

I then - Mrs. Maim was right at the scene and s and scene the at right was Maim Mrs. - then I town Fire Department. They all arrived simultaneously simultaneously arrived all They Department. Fire town

ear again. And I would may from the time that I got out out got I that time the from may would I And again. ear of fifteen minutes. After I hied to yet into the can I I can the into yet to hied I After minutes. fifteen of

Edgutown Fire Department. a John Fur. of the Edgar- the of Fur. John a Department. Fire Edgutown

Ude. I attempted to go go to attempted I Ude.

bud taken myself and art on the car; I shouted up to to up shouted I car; the on art and myself taken bud

Fdgartown titre Department, Lawrence Mercier of the the of Mercier Lawrence Department, titre Fdgartown

little bit exhausted fighting the tide, so I clung to one one to clung I so tide, the fighting exhausted bit little swam out to the car approaching the car with a little hit hit little a with car the approaching car the to out swam

within 20 minutes, I would ay. ay. would I minutes, 20 within

do know that in very short time Robert firougier came came firougier Robert time short very in that know do

Kennedy. Kennedy. mem up !them I shouted nut that - I don't lenient.. lenient.. don't I - that nut shouted I !them up mem

whether I laid, whether anybody was in the car, but I I but car, the in was anybody whether laid, I whether

back and said I hat the car was registered ini Edward Edward ini registered was car the hat I said and back

tried to go hack to the shore line and I had become become had I and line shore the to hack go to tried

there to the tone that antiunion and Farrar arrived it was was it arrived Farrar and antiunion that tone the to there Farrar putting on leis 'cube equipment. I observed equip- observed I equipment. 'cube leis on putting Farrar

the license plate number of the car. I observed John John observed I car. the of number plate license the

n? n?

over over

under a a under

the other side. This would would This side. other the

couple of tinier and and tinier of couple

WI WI

the fury_ fury_ the

e was was e

TFIrt-t

A Now, Ilene once again I would have to any it would have have would it any to have would I again once Ilene Now, A

A After they arrived then were a few people Elution to to Elution people few a were then arrived they After A

Self, to tome there to the Chappaquuldick ferry landlua. landlua. ferry Chappaquuldick the to there tome to Self,

I had the opportunity to to opportunity the had I He mid, "I loafer for you to acme over here." here." over acme to you for loafer "I mid, He

I said, "Would you like to talk to me?" me?" to talk to like you "Would said, I

He said. "Yea." "Yea." said. He

I said, "Can f talk to pus?" pus?" to talk f "Can said, I

He and, "No." "No." and, He

He mid, "Yea." "Yea." mid, He

hero and the young lady is dead." Ile said, "I know." know." "I said, Ile dead." is lady young the and hero

have some had now, your car was in an 'resident over over 'resident an in was car your now, had some have

I raid, "Are they in the water?" water?" the in they "Are raid, I Senator and he wanted to talk to me so he he so me to talk to wanted he and Senator phone end I mid words to the effect that that effect the to words mid I end phone

I said, "Can yes tell me was there anybody else in the ear?" ear?" the in else anybody there was me tell yes "Can said, I

"lie Is hue." This Is Mrs. Albacter. She meant Ore Ore meant She Albacter. Mrs. Is This hue." Is "lie time elapsed. Al any tate when I called her the mid, mid, the her called I when tate any Al elapsed. time

been after 9 o'clock, but I don't really know how much much how know really don't I but o'clock, 9 after been

my office, my desk officer, to send somebody down to to down somebody send to officer, desk my office, my

What time is this about? about? this is time What Kennedy. Kennedy.

the ferry landing to see if they could find Senator Senator find could they if see to landing ferry the

Malm's house and I called with the intent of adviiing adviiing of intent the with called I and house Malm's

landing," no al thin lime I proceeded tight to Mn, Mn, to tight proceeded I lime thin al no landing,"

he said to me, "I just new him down by the ferry ferry the by down him new just "I me, to said he

Cornet Service Station had mired al the scene and I I and scene the al mired had Station Service Cornet

was walking by hint as I got up on the bridge, and I I and bridge, the on up got I as hint by walking was

about this time John Aldhorn, the owner of the Depot Depot the of owner the Aldhorn, John time this about

made a remark that this was Senator Kennedy's car, and and car, Kennedy's Senator was this that remark a made

and the ear wem out of their view, but at this lime, lest lest lime, this at but view, their of out wem ear the and

bridge bemuse we were on the attic; side so the body body the so side attic; the on were we bemuse bridge

into the water and mere out of the water and came came and water the of out mere and water the into There were two hotel room keys and they were for for were they and keys room hotel two were There

I believe after John Farrar left the water I jumped hack hack jumped I water the left Farrar John after believe I

also. also. had an easy job keeping the people from miming over the the over miming from people the keeping job easy an had

the pocketbook up and this was brought in to the rhote rhote the to in brought was this and up pocketbook the

up on the lend. Now, after this once Again I saw that we we that saw I Again once this after Now, lend. the on up

Scuttle card Identifying Rosemarie Keough az an em- an az Keough Rosemarie Identifying card Scuttle ployee of the United States Semite. Semite. States United the of ployee

or not I don't remember, but is was a United States States United a was is but remember, don't I not or

Room 56 at The Dunes, the Kaltman Motor Dui. I soiled soiled I Dui. Motor Kaltman the Dunes, The at 56 Room

D.C. Among other thine In the wallet was a card from from card a was wallet the In thine other Among D.C.

and l found In the pocketbook personal belongings, a a belongings, personal pocketbook the In found l and

wallet to identify a Rosenuirie Keough of Washington, Washington, of Keough Rosenuirie a identify to wallet

Atom, and they pulled her up on the shoreline. They They shoreline. the on up her pulled they and Atom,

shoreline so the men Could paw the body upon the the upon body the paw Could men the so shoreline

the United States Senate. Whether it was a credit card card credit a was it Whether Senate. States United the Al this time, right after this, I opened the pocketbook pocketbook the opened I this, after right time, this Al

end of the Boat and they pulled it Lock in along the the along in Lock it pulled they and Boat the of end the back of the cruiser. cruiser. the of back the

stretcher end covered loo with a blanket and put her in in her put and blanket a with loo covered end stretcher

placed hen on the Edgartown police ambulance cruiser cruiser ambulance police Edgartown the on hen placed

firemen pushed the boat oil and we placed her body in in body her placed we and oil boat the pushed firemen

grab it and pot her body in in body her pot and it grab ',mild have been a necklace or a waistband. While there there While waistband. a or necklace a been have ',mild

the boat and they still had a rope attached to the other other the to attached rope a had still they and boat the

and waiting for — I think in the time wc were waiting waiting were wc time the in think I — for waiting and

he had a pocketbook end a gold chain-type item which which item chain-type gold a end pocketbook a had he

tried to Cl to tried

for the firemen we had a small boat there that we had had we that there boat small a had we firemen the for

John Ferrer went into the car spin When he came up up came he When spin car the into went Ferrer John

dark slacks, a pair of sandals. sandals. of pair a slacks, dark

ently linked to be a well-grnoined young young well-grnoined a be to linked ently

I observed her to he a young lady, blonde hair, appar- hair, blonde lady, young a he to her observed I

with his euistance pushing her up and my pulling her up up her pulling my and up her pushing euistance his with

was dressed in • white, long-sleeved bloom, a pair of of pair a bloom, long-sleeved white, • in dressed was came out out came

and I thought he wanted me to pull and 1 putted and he he and putted 1 and pull to me wanted he thought I and

I pulled her her up onto my lap onto the cur. cur. the onto lap my onto up her her pulled I

came out out came

rope, and he dove under under dove he and rope,

body of a young woman came out of the water and and water the of out came woman young a of body

entered the water and swam out to the car. Al this time time this Al car. the to out swam and water the entered

ow, to the other aide of the bridge. Ile drove it on the the on it drove Ile bridge. the of aide other the to ow,

come there so I shouted to Brouster to drive the cruiser cruiser the drive to Brouster to shouted I so there come

Ire had a rope with hint and he gave me one end of the the of end one me gave he and hint with rope a had Ire

beach side of the bridge. bridge. the of side beach

John John

—

nwn nwn

Farrar Farrar

g the fireman to pooh out to us so we could could we so us to out pooh to fireman the g

of of

the water And I felt a tug on the rope fleet fleet rope the on tug a felt I And water the

the water just about the same time as a a as time same the about just water the

went to the beach side, come mound, mound, come side, beach the to went

salt • • salt

the the

the boat. boat. the

car. Al some filer time he he time filer some Al car.

resident over there, Dr. Dr. there, over resident

I take it back. The The back. it take I

lady, lady,

am sorry, I I sorry, am

got got

on on

and she she and

the the

- 8S - - 8S -

A Mona and Kennedy were there. I think they were talk- were they think I there. were Kennedy and Mona A

Q Q

O O

A A

A At thin time, even at this early time the reporters were were reporters the time early this at even time, thin At A

0 What did you do after having his initial conversation conversation initial his having after do you did What 0

Q At a later time was Mr. Gamin there? there? Gamin Mr. was time later a At Q

Q Anyone else besides the two of them? them? of two the besides else Anyone Q

A Yes, sir. sir. Yes, A

A Ile had Paul Markham with him. Paul Markham, If I I If Markham, Paul him. with Markham Paul had Ile A

A That is all I saw at this time. time. this at saw I all is That A Q Was he alone? alone? he Was Q

A Ile Ile A

Q And what was the Senator's Senator's the was what And Q

A I think II is closer to 10 o'clock. o'clock. 10 to closer is II think I A

Q What time were you at the station? station? the at you were time What Q

ing to ore. Wan a minute. I think George Kennedy came came Kennedy George think I minute. a Wan ore. to ing

buck

Was he Registry inspector with you' you' with inspector Registry he Was designated one of my officers to slay with the Registry Registry the with slay to officers my of one designated

man. I retooled to the elation elation the to retooled I man.

tamed some some tamed

After ot appeared that the car was well in hand I I hand in well was car the that appeared ot After

measurements along with myself with along measurements

The Registry men were there and they were taking taking were they and there were men Registry The

,,,

lion certificate and I think the glove compartment con. con. compartment glove the think I and certificate lion

I found a small black pouch which contained a registra• registra• a contained which pouch black small a found I

compartment to try to find a regiaration certifimle. certifimle. regiaration a find to try to compartment

to the the to

bringing the car out on the right side of the bridge. As As bridge. the of side right the on out car the bringing It came out of the water, myself and John Aidbutn went went Aidbutn John and myself water, the of out came It

enriched to the cal and through this process they were were they process this through and cal the to enriched

When I returned I found that the car had been righted righted been had car the that found I returned I When

belonged to, I think, Ur. Sands The RUM' vehicle had a a had vehicle RUM' The Sands Ur. think, I to, belonged

winch on it and the winch had a cable which was was which cable a had winch the and it on winch in the water and there was a Rover-type vehicle which which vehicle Rover-type a was there and water the in

car out es soon as you you as soon es out car don't think we can get ahold of the Registry. Get the the Get Registry. the of ahold get can we think don't

f told John Ahlbum, the owner of the service nation, "I "I nation, service the of owner the Ahlbum, John told f

a hazard overall_ overall_ hazard a

place wall getting jammed with people and was becoming becoming was and people with jammed getting wall place

ear. They have to be unfitted of a fatal accident. Thin Thin accident. fatal a of unfitted be to have They ear.

car out. I might say the mason they were towing towing were they mason the say might I out. car

been - we were trying to notify the Registry officers. officers. Registry the notify to trying were we - been When I got back they were in the process of towing the the towing of process the in were they back got I When

the car..I inset the scene for the entire time because I had had I because time entire the for scene the inset car..I the

Unfortunately neither one of them had a radio in their their in radio a had them of one neither Unfortunately

believe that I Registry impactor sans there with with there sans impactor Registry I that believe

were both going over on the fury at the same time time same the at fury the on over going both were

and got hack into Dr. Self's jeep al the other side. I do do I side. other the al jeep Self's Dr. into hack got and

statement, I will let you in the Selectmen's office." office." Selectmen's the in you let will I statement,

took him to the Selectmen's of h. down the kali kali the down h. of Selectmen's the to him took

beginning to crop up in the station and I said, "If you you "If said, I and station the in up crop to beginning

would like to Imve a little privacy to write Dila Dila write to privacy little a Imve to like would

I returned to the pnute car, drove back to the ferry ferry the to back drove car, pnute the to returned I

with you where you requested the report? report? the requested you where you with

remember what he had on for decks decks for on had he what remember

remember right, had a blue sport shirt on. I don't don't I on. shirt sport blue a had right, remember

reulned with the driver. I think we took the cruiser cruiser the took we think I driver. the with reulned

statement from you &hoot what happened." happened." what &hoot you from statement

said, "Yea, it would be." be." would it "Yea, said, 1 mid, "The first thing we will have to do Is have a a have Is do to have will we thing first "The mid, 1

do what is right er we will both he criticired for it." it." for criticired he both will we er right is what do

something to the effect, I am sorry sorry am I effect, the to something

Ile asked me if it would be all right if he wrote it. I I it. wrote he if right all be would it if me asked Ile

He arid, "What would you like for me to rlo, we must must we rlo, to me for like you would "What arid, He

think I raid anything there for a interne. interne. a for there anything raid I think

Ile said, "Yes, I know, I was the driver," no 1 don't don't 1 no driver," the was I know, I "Yes, said, Ile

ened. ened.

e over, said Hello, shook my hand, and I nook I said said I nook I and hand, my shook Hello, said over,

was Paul Markham on my right and Senator Kennedy on on Kennedy Senator and right my on Markham Paul was

th nie nie th the telephone, The Senator hung up on the plume, came came plume, the on up hung Senator The telephone, the

siphon. siphon.

Salverore to have one of my men conic down and pick pick and down conic men my of one have to Salverore

hin, sport thin, short sleeves, a sort of light blue pair pair blue light of sort a sleeves, short thin, sport hin,

I walked into the station and in my office in the %canon %canon the in office my in and station the into walked I I had called by the cruise, radio or / thank I notified notified I thank / or radio cruise, the by called had I

me up at the terry landing and we drove hack to the the to hack drove we and landing terry the at up me

me up in ho own car, RO Officer Roy Meeeham picked picked Meeeham Roy Officer RO car, own ho in up me

f slacks and mutters. mutters. and slacks f

t t

glum compartment out, took all of that sluff out out sluff that of all took out, compartment glum

was was

cu. cu.

dressed Ina white, I think you call it a polo polo a it call you think I white, Ina dressed

I opened the door and reached into the glove glove the into reached and door the opened I

maps and small personal things I cleaned cleaned I things personal small and maps

can can

and hold it in the station." station." the in it hold and

appearnece appearnece

. .

about about

at this time? time? this at

whet happ- whet

me. me.

We We

• didn't know where it was, but he was positive he had back with me. I think Robert Malta stayed them. We one. I made a check by phone with the registry to by her manner that something had happened. A I think 1 have R. coma back to Ito station. Q Did you /meek to anyone the who attended that party? About what limo did you Mikan to the station for the confirm tent point. Have you that statement? A Dace again I didn't, because I didn't know who noon — I A Yes, I have sawed time? Q When? a statement from the daughter and a elate. e before I made out the motor vehicle slip. didn't know at the time Oat there wee a party. A I would my probably quertee of I I TO, maybe closer to A That elay ment from the mother, if you would like. bemuse I would hare to relate nut the motor vehicle Q All right. And when you discovered that, most of those Could you tee in what they said? 11.00. people had left the island? violation slip. A Q About an hour afterward'? A I think all had left the lilaod. Alt night. Tlds is from Sylvia R. Maim; she in the mother Q At what time did You prepare a Motion? of the timely. On Saturday morning, July 19, 1469, two A Right. A 1 was in the multi of preparing one, yea, air. started IL. Q Did you have any further eOnYerSationS with either Mr. Q Who wan there this lime? kftukham, Mr. Kennedy, the operator of the motor vehi boyx knocked on my dome and said them is a car A Now, I do recall that, I think Carson was in the corridor 4) And ltd he leave betore? - upside-doe/it in the water by the bridge. I called A Ile left, right, because he mid he wanted to contact hie cle endlor Mr. Grogan? at this time. 693-1212, the communications miter, the reported the family attorney and that he would be hack to no. A I do believe I hod, well, Mr. Gorgon called as I said, I Q Ito you recall how tie was dressed? think, maybe clone to 3:00 to my they hadn't here able cas and its location. The operator raid she would relay Q What time did he leave? the message. Someone during A I ern sorry, I reale don't. I think he was deemed in the to get allied of Bathe Marshall and at the time they the evening before I was Rama kind of sport clothes that the others were dressed A l think he left close to noontime. wanted to know if I could held up a little longer tad I aware of a car going faster than moll going toward the in, but I wept to the Selectmen's office and Mr. Mark- I) Did he leave with Mr. Kennedy? DIke. I have no Idea of the time. I think I went lo sleep mid It Wee too late, I had already Meted the stsgeniant ham was sealed at the desk end he nom just about A Mr. George Kennedy? And 1 railed late that evening to Inform Mr. Markham sometime between 11:30 and 12:00 midnight, but 1 die finishing. writing something end he told me that he had Q Yes. not know the time. I heard eothine during the night. We A I think Robert Mode might love gone with him, but I that I sees Issuing r citation agairot the Senator if he written this thing, that the Senator had dictated it. He hew two dogs and a night light was burgling all night. think they made errangements with Bab Cerrell to fly. could let him know that and I would forward the had wtittre it out. Then I have a matement from Sithria A. Maim who is Q I went to see it we can refresh your recollection, Chief citation In him by mail. I said, "rut not sure if I Diu reed your writing, do you the daughter- On Friday night, July IR, 1969, 1 reed in Arena. An you sure he Intl at 12:00, 12:30, or not () After that conversation did you hive any further cancer. mind if I type it? I will hare my gin type it," end ehe sateen with Mr. Markham. bed underneath an open window which faces cool from was heel withering the phone SO I typed it. I node two closer to 3:00? 11:00 pen. to 12:00 midnight, looking at the clock Just A I know he left closer to than_ Iwee asked to hold the A No further conversatione with any of that group. copies, one lot the Senator, one for myself. before I turned my light ote. Between 11:15 and 11:45 statement until they contected the family attorney. Q With any of that group? I wept back into the room. 1 showed him the copy and A With any of that group. I heard a can going fairly fast on the Dyke Road. I while he mead tt I read my copy. He didn't read it out Q By whom? 0 I show you !Oren photographs, Chief Arena, and for the didn't look out the window, so I net uncertain of the loud and he didn't make any comment. He just said, A Mr. Markham. direction, but thought .l the time tt Q Mr. Markham asked that you hold the thatementl purposes of the record, 1 would nits that you Identify Wes heading 1-1 ''Okay." tie didn't say anything other than that. towards the Dike. I heard nothing (entice that night. On A He asked it / would held up the statement until they them Then he mid to me„ "We am trying to get nhold of Saturday morning I was amiketted it 8:25 a.m. by two were dile to talk to Beike Mars/tell. Al I recall, I think A This shows the intersection of Clusppaquidreek Road Burke Marshall." boys at the door telling my mother. it was closer to 3:00 o'clock because of the coma/Ant and Dyke Road leading dose to the Dike Bridge. lithe that there was a car Q One second before we go onto that. turned over in the wilier by the Dike. pressure in my office end people were dimming for eating) This is, I think, the entrance to Tom's Neck A All right. Po you recall, she said eimetime between 11:15 and information that I felt I could no longer hold back on Farm. () Do you have the original handwritten statement? 1 2:45; she couldn't get it any closer In lime? III the information end 1 revealed it. Q la it also known as Cemetery Road? A I am torte to say that after 1 copied III threw It away. A Right, the daughter, I talked to the mother rust. I Q You released it? A 11 nosy be known ses Cemetery Road, that is tore, dr. l didn't think there would be lay need to keep it. l had didn't even know the daughter was at the house and the A Yes. Q Show it to the Court. him read it. mother was very vague about the time and said that 11' 1/1d you Issue a citation? A (Witness complied) she Q Did they son any of these aletemente? thought II was close to midnight. as the said in this A I issued a citation that afternoon, The accident war dill MR. FERNANDES: Your Honor. I have a series of A No. photographs which if your Honor Inch will mist the statement. She said 11-.30 to 12:00 and she only mid Q But the handwritten detection!. by Me Markham wet under Mee/Hendon. 1 still did not have the license data. Conn in evaluating the facia and the circumstances, we the heard the ear engine ening by the house sad did not thrown away? Q You hadn't the license informution yet? hem anything happen. A No, I hadn't the license data yet. certainly would introduce them. I am sure your Honor Is Yea in familiar with more of them. How old is this daughter? Q And the typewritten statement you node part of your Q You issued e citation eubsequently charging leaving the A I think she is a culler student, probably 17 or 18. -scene? THE COURT: Do you want them marked? report? MR. FERNANDES: Yea, foe the record. And do you know where aim is at now? Right. A Yes, dr. A I think the is in Lebanon, Fennaylverthe That it where A Q Did you out Mr. Kennedy any questions at to why he THE COURT: All right. Them were Introduced in Q Did you read that statement? Did you read it at that Peensylvank? they are (mire. time after It was prepared and typed? hod not reported the accident goon after it happened? MR. FERNANDES: Some of than were introduced in THE COURT: I didn't notice anything in that letter A Yes, I reed it Ind he read it simehaneourdy. A No, sir, I didn't. which indicated which way the car was going, Now, sometime after or thproxlmatety 3:00 o'clock, Pennsylvania. Q After reading it, did you have occasion to ask the THE COURT: Give them a number. illy Mn. Fernandes) If 1 may, your Honor, I thought she you rebound the statement? Senator any more questions, or Mr. Kennedy any more MR. TELLER: Numbers 15 through 25. said she didn't know which way It was going, but she A Yee, I slid. thought it seer heading toward the Dike. questimie? Olusfographe ranked Exhibite No. 15-25 inclusive.) Q Were you able to "peek with anyone who intended the A She mid, I didn't look out the window, no I am uncer- A No, I don't think 1 did wile him any more questione. MR. FERNANDES: May I have • moment, your Honor? party that you subsequently discovered? tain of the direction, but thought at the time it wee Q Is this the statement — I show you the statement to THE COURT: Yes. Chief Area — len not sure it hoe been marked, your A Right, the only one that I talked to at ell that day liner, heeding towards the Dike. as I mid, I didn't know about the party when I called Q (By Mr. Eernandes)Dld you "peak with Mrs. Melm? .7. 7.. Honor, but It los been Introduced. Q She Indicated this was the only light that would have tier, but I called Rosemary Keough around probably A Yes, I did. ilpf! 'I' THE COURT, It there an exhibit number on the beck? been on in the house? between 12:00 and 1:00 at the Duna- t hod this key Q And SW you ask her whether or not the had seen or A Yee Let's see. I reed in bed MR. TELLER: Yes, it in marked on the blear. bawd an automobile? underneath an open win- number. I advised her that we had bar pocketbook. 1 dow which facet east from 11:00 p.m, to 12:00 looking THE WITNESS: It is Exhibit No. /. A Yee, she mid alto bad heard s sound of an auto angina .; moray. know the reason why I called her In the beginning was at the clock just heron I tamed my light out. MR. FBRNANDES: if chore In around midnight. That In whet her beet to notify her about her pocketbook and alto to ten 0 le Dile the house? And I point to a honac which in Q (By Me Fernandes) Is Diet the statement that You were recollection was. That in the only thing the sod. She L given? she could spelt Mary Jo's name and nobody could spell shown on Exhibit No. 8. it and I wielded to have this information rigid so I never — I asked her if she had heetd any sound of A Yes, thin is in essence the same ststement, the, That is the house, yea, sir. wouldn't love any errors to the press and she spelled anything hitting the wager or anything like that. She Q Will you tell me 'whet time this typing took place? said no. QA Would you plead show the Court that you ere pointing the nano and bow old she was and I informed her to a A This typing probably took place sometime after 11:00 Q Where win she staying? house located on the left. Is there a house across about the pocketbook and sometime later Barks the street from thee? Tretter picked it up . A At the Pike House. A Q And was Mr. (league there, her. Markham there? C) This, I think you said was 100 feet? Yes, there IA r house diegonally noose the street on the Q Did you ask how it was her pocketbook none to the right, A I went into the office by myself, but 1 we quite sore A I have the end measurement. that Mr. Markham and Mr. Careen were both in the automobile/ Do you know whether that house Q Approximately how many fey? was oteurnea during and typed if A No, l the day? buntline I went into my private affirm A A hundred feet. myself without them being present. I Pill copied it. Q You nay Me. Tretteet A Yea, by Mrs. Smith, A I am almost patilive. I sew a man walk to the office and Q Peens She bridge? Q In your Motivation of Mr. Kennedy, did you make note A RMhe Q Did yes have a crineertatien with heel walk out with the bag one probably tabsequently he A I had a conycnation with Ides. Smith end she tinted she of any injurith or bruises? 0 And whether or not there were spoke to ray clerk and subsequently I saw pictures of any fights out that day, had a night light in one A No 'Omen. He just appeared to be very depressed men- if you know? of her children's seems which tally, but I noticed no phytical injuries . Charles Totter and 1 would weer he was the one. the left on ell night. This was on lire road site at the Q Dict Miss Keough Mao the was cooing la pick up the A She mid that the had • het on in her house. I think Q To Mr, Markham? house. pocketbook or was seeding eomeone? her daughter was in her room reading, which Mee. Maim Did the hear anything? A No, sir. said reflected on the A. She mid the would have in picked up. roadway. A She said the did not heir anything_ Q Te Mr. Gareth? Q Lion what lime? () Did the my she knew what happened to Mies Kopechne? Did you confer with anyone else? A tan, the A The daughter pee a statement. I think if I remember Q Did you have thermion to love thy further convene:Hone A No, but I could heir her my they wanted to know how A With anyone aloe? right, until some time eller midnight. I'm not really to spell Mary Jo's mine no somebody sue in the roam Concerning the accident, other than what you with the operator of the SWIM' while it that time? sure, I think I hare it. lave A If I recall I asked him about he driver's license and he and she didn't oak why I was linking, but I assuaged that already told us? Q If you have not theternent, would you check your A No, tie, these ale the only people Mal hired on that records? Street. — — — ST — i•••-•-• ,--,^77^,-,1,77,7•-•-r5.70--., • ---.^7^.!•rr. rethmther Q Hy the way,

Q And whether or not he had a conversation with you A Yes, he was at the accident

A Ile didn't. At the time he said something about he had

Q Mr. Kennedy never told you how the ear went over the

A No, he didn't: no, Mr.

A If I recall the statement, it was only - Q Did either Mr. Markham or Mr. Gateau indicate they.

Q Did they ever say anything to you about it?

Q Did Mr. Kennedy ever tell you how fast lie was going on

A They never said anything that day, no, Mr.

A No, sir.

Q The registry report? A tie ware told me, sir. but he submitted an accident

A - he stated 20 miles an hour.

A ThU is a report - I don't know

Liefons:

Present:

and tell me whet you have, and if I think It is appropriate, might hare tonic evidence of some type that you might

the other day, you made mention something about you

I outline It to you briefly? want to offer and I will be very happy to hear it from you to accept it.

of an expert with reference to the

scene?

seen about the

Brungici and said that he had thought he had seen the

rook of this I took a statement from Mr. Look con- Later on I found out that he had talked to Officer same car at the intersection the night before and as a Did he tell you that he had spent sonic time trying to earning that car. bridge?

even mentioned about the accident other then to say he remove the body/

was the driver was in the abatement. too, were at the smile?

report in which he stated -

that road?

This is the same report Inspector Kennedy had?

but there was an operator's report he was required to

file with me and the registry.

THE COURT: All right. I know s good deal of what

MR. FERNANDES: I have no other

been said In court here

Arena, your Honor excused. THE WITNESS: Yes, air. public. THE COURT: Well, as far as I ant concerned, you me you already said has been made public, but what him THE WITNESS: Thank you, sir. THE COURT: Do you have anything to

THE COURT: We will have I mesa.

MR. DIMS: With regards to the Chief, no, sir.

(A brief recess was then taken.)

Edgartown Diedriet Court Hon. lamea A. Hoyle, Justice of the

Peter Gay, Assistant District Atorney,

Armand Fernandes, Assistant District Attorney,

Thomas Teller, Cletk of Courts

Edward D. Hanify, Esq.

Helen S. Tyra, Temporary Court Officer

Sidney R. Lipman, Official Court Stenographer.

THE COURT: Well, Mr [falsify, we had some discumion

THE COURT: Yea.

MR HANIFY. First of all, we would have the evidence

sonic people at the intersection the night before.

HANIFY: Thank you very much, your Honor May

car

was

that

CLOSING L'OLLOQQY

Mr. Look at the scene, the accident

was

removed frorn the water/

scene.

Wednesday. January 7, 1970

not to be disclosed to the

Edaarlown, Massachusetts

for the Commonwealth.

the Inspector had it.

bridge cuniniuction.

ipiestiOng

the

my to

only thing he

me now?

of Chief

with, respect to the condition of the approaches to the

tially has duce segments to it. One, fat example, has to do ly safe driving conditions having to do with what. one with the problem of

with which I understand you are not concerned_ and that report deals again with conditions on the highway might say, were the hazards of motor vehicle operation on approaching motor vehicles which is available and will be separated from the mood, in the vicinity of the bridge and envisages the problem of the approach to that bridge. (titularly showing what can be seen with the lights of the bridge from the point view of what f would call general-

motor vehicle, and the third, this is again bearing upon the

upon the bridge without warning, and the third aspect of rt problem which a motor vehicle operator faces as he jug was

appropriate time. They will certainly he teddy by tomor-

testimony as I Indicated I would yesterday.

row morning and, your Honor. they arc relevant and 6:00 tomorrow morning and I will study them and mane to the problems that you may face in connection affidavits and I wilt he glad to study them and make

vits in such form that we could submit them to you at an

the form of affidavits and we were addressing ourselves with the case. decisions on whether or not I would decide to put them

into evidence.

and I would think we could have them over for you by 4 o'clock.

Teller** tow

at 9:30 1. will make a decision whether or not to admit

them in that form, or whether or not to substantiate them by personal testimony.

set forth with respect to their expertise and they are pretty tions of the people who made the affidavits are adequately

much self-contained documents, which speak for s4v

ing survey of the area of the bridge?

sometime later tonight anyway, and he can let you know

before his office closes this afternoon_ the evidence.

when his office will be open, if you don't got in here

in final form. are complete documents. It it Just a mullet of putting them at

"e (Adjourned until 9.30 am., Thursday. January 8. 1970.) today.

Dukes, m.

tomorrow mantles. THE COURT: I have not Ellowed and there has been no We aLvo have a at tidy by Arthur D. Little which substan-

MR. HANIFY: 'there is another aspect of that report

testimony to that connection.

Now, this material, these reports we presently have in

THE COURT: I will be glad to have you offer the

MIL. HANIFY: Very well, your Honor. Now, would you like on to bring down here the actual

people who made the study?

THE COURT: I don't know. Why don't you show me

THE COURT: I am about to adjourn court until

MR. HANIFY: They ere substantially completed now

the affidavits firm. Now. when will they be completed?

MR. HANLEY: I think you will find that the qualifica-

THE COURT: I would like It because we have none In

MR. HANIFY: I do, your Honor_ If you talk to Mr. Teller he may he cunning in here MR. HANIFY: Ill

coming over hem that you might be interested to them

TIRE COURT: I am not going to do any more studying shortly before I came over here to getting these affida-

MR. HANIFY: I our

TfE COURT: Thank you. We will adjourn until 9:30

e"L

this lime I perhaps could hare brought them over. They the

liE

morning at 9:30, but if they are brought over to

office I

matter of reducing to affidavit form Di. Watts'

COURT: Do you by any chance have an engineer-

COMMONWEALTH OF MASSACHUSETTS

will be here between 6:00 and half past

survival

had

rune

Strithlr vnrioull

known but a half hour before

in an immersed automobile

your Honor is alert as any

lideartown District Court

conditions. par

Limns

lorrint•

111C111-

court

gee

Larreenkrani

Kennedy hrothet. !Award. escara wife Juan to Dukes Ciy. Courdancre nr wart of inquew.

- 89 -

FOURTH DAY THE COURT; Anything that may be helpful in that lordosis, which WaS due to speed of the mrvial muscula- CAPE COD MEDICAL CENTER respect I would make a pert of the record. ture. The diagnosis ref cone-tallier, way emetic-oiled upon the laeorporited a number INDEX AND OPENING COLLOQUY MR. DIMS: Does your Honor wish to glee It foregoing objective evidence of injury and the history of Manacheneds at this time an an exhibit, or will It just be merited when the temporary km of commiousneso and retrOgalle arnneSta. X•Rvy you receive ii7 Impairment of lodgment, and maimed behavior am )(laity Report 775-8491 Before: THE COURT: Well, I can airy it a number on your Hon. James A. Buyte, Justice of the symptoms coneident with an Injury of the character nue assurance that you yet O. tairied by the pourer, Kennedy, Senator Ed want M. 7/22/69 Edgartown Disrict Court MR. DENIS: You have my lesurance, your Honor. Therapy: Bed rest and a media relexent. Dr. Watt THE COURT: Give it the next camber. Present, July 20, 1969, I was in coriteet with Senator Kennedy (Map of Cheppaquiddlek island marked Exhibit NO. 32.) by telephone on this day, end as there wee no cheap le C mica] Spina Studies from the lint to the seventh Edmund Dink, District Attorney for the your Honor l will endeavor to wore Southern Deerlet of Macaachusetts. MR. HANEY: I Assure his symptoms, I advised him to continue burl reel and Whirl cc for fracture. eampression or spondylolisthesis. gel a descalptioe of the Oldsmobile clang the Bees you Armand Pernenden Assailant Diatriet Attorney, planned to me Min an the following day. The only finding of note was marked ntraightening of geggested, length and width and perhapa that can be given July 21, 1969. I went to the home of Seneter Kennedy the spine le the literal projection. Peter Guy, Assistant District Attorney, ■ fee the Commonwealth. number. end found his physical condition to be unchanged. I recom- CONCLIJMONS: The studies of the cervical spine were THE COURT; All right. Give It the next number. mended au that time that we X-ray hie dun and cervical negative for fracture. (Deseription of Oldsmobile marked Exhibit no. 33.) spine, and dila wee mccomplisheil Neer et the Cape Cad The only finding of Intermit wan the straightening of the Thomas Teller, Elea of Courts THE COURT: I think that is all we require of Mr. Helen S. Tyra. Temporary Count Officer Medical Center. spine In the lateral projeceion, indicative of rather marked Notify and Judge Clerk. After reviewing the X-reys, in which Mere. was obviouri muscle spasm. Sidney It Lipman and Harold T. McNeil, Honor. Official Court Stenegraphers. MR. HANEY: Thank you, your evidence of an acute cervical drain, f fitted him to a MR. CLARK; Thank you, your Honor. cervical collet The reports of the rOerdgennInAtisl are Edgartown, Musachusetts. THE COURT: At the moment. attached hereto and made a peel hereof an Exhibit A. Thursday, January 8, 1970. Because of these findings, I felt that treuromergicel con- E.W. Benjamin, M.D. COMMONWEALTH OF MASSACRUSLITS lunation was Indicated and thee contacted Dr. Milton F. District Court of Radiologist OPENING COLLOQUY Dukes, H. Brougham. Dr. Brougham In the Chief of Neurosurgery at the No. 15220 Dukes Calmly Faulkner Hospital, the Carney Horded. the Jordan Ileapi- EXHIBIT B THE COURT: Mr. Stenographer, we will accept Exhibit lel and the Cape Cod limped. July 22, 1969 AFFfDAY1T OF DOCTOR ROBERT 111. WATT On July 22, 1969, Dr. Brougham end I visited the KENNEDY, Servitor Edward No. 26 entitled Offer of Proof on behalf of Edward M. Hyannis, Mateachusella Now comes leobert U. Watt, of- Senator it hie home, and a complete neurosurgical consul- This patient wee given a new-obeli:of examination In the Kennedy. end on oath deposes and Kays as follows: (offer of Proof marked Rehlblt No. 26.1 uatiun accomplished. A copy of Ur. Brougham's consul- presence of Dr. Robert Watt as a result of injuries which he I am a physician duly licensed rod euelifled to practice tenon note, which is a pan of my mourn, h attached minalned in an eweemobfle accident which occurred THE COURT: You note Eehibil No. 27, Affidavit of medicine In the Commonwealth of Manachwette, with of- era Robert T. Watts Is accepted as testimony and mute hereto and made a part hereof as Exhibit B. hey 18, 1969. In describing his recollection of the events Dr. fices at Cape Cod Medical Center, Hyannis. part of the record hereof. As a result of his examinditsre Doctor Brougham felt oecurrieg et this time, he Slate. that he can recall driving I graduated from Tulle University with a BS in Biol. that further studies were indicated. down a road surd (Affidavit of Dr. Robert T. Wells marked Exhibit No, 27.) Onto e bridge, and has some recollection chemistry in 1943, graduated thereafter from Tufts Medical Accordingly. on July 23, 1969, a tedmicien and 1 went of the car starling off the bridge which he thinks 'was a THE COURT: Exhibit No. 28, Affidavit of Donald I— School In 1947. I interned at the Bridgeport Pimpled in Salem u accepted as testimony and made a part of the to the home of Senator Kennedy and did an electroen. ordination that the car had muck a beam along the side of Bridgeport, Connecticut and at the Cape Cod Hospital In eephalograrn. A copy of this report I. attached hereto, the bridge. however. he remembers nothing immediately record hereof. Hymnals. From 1951 through 1953 1 served in the United (Affilimit of Donald L. Sullivan marked Exhibit No. 28.) made a part hereof and marked Exhibit C. following Hilt has no recollection or the car turning over COURT: Exhibit No. 29, Affidavit. of Eugene D. States Air Force, an Wing Surgeon of the 103rd 'Fighter. In the afternoon of the mine day, Doctor Brougham and or of any impact of the our agaiall water or any solid THE Bomber Wing (Suffolk, R.I.) and was the Commanding loom to accepted all testimony and made a pail of the I went to the Senator'. home, where IL lumbar puncture object. Them is a gap in his memory of indeterminable Officer of the Mcdkat Detachment at Fifth Ale Force was attempted but was unsuccenfial. There were technical length, but presumably brief and his next recollection is of record hereof. Headquarters, Seoul, Koren 1 ant a graduate of the School (Affidavit of Eugene D. Jones marked Exhibit No. 29.) difficultim here due to an old injury to the Senator's being in the from seat of his car which was tiding with of Aviation Medicine, Randolph Field, Tema. 1 attended THE COURT: Exhibit No. 30. being a plan of Dyke lumbar spine. water. He somehnw escaped from the mr. but does not the Cook County Graduate School of Medicine in Chicago, Road. This was Ike Imo time that I eat/mined Senator Kennedy know how he did this. Ile dates further that he rose remit Who of Dyke Road marked Exhibit No. 30.1 where I took epecialized training in trauma end but I wns in contact with him later and found that the nuking repeated ramie to get back to the car by diving. THE COURT: Exhibit 31, Attested Record of Proceed- traumatic surgery. Thereafter, 1 was the Asemiale Chief of stiffness of ME neck continued wed over a month. Subsequent moms are readied in a somewhat fragmentary Mourne, Cape Cod Northd. I have been In practice for 21 ing* In the Court of Common Plan, Lucerne County, fashion with an impaired foal] of their exact time I:Oath:in- years io Hyannis In the Field of general medicine. Robert 12, Walt ehlpe, Felonyleant.. am a Diplomete of the National Boards. I ma also a (Attained Record of Proceedings, Court of Common Pleat, Then personally appeared before me the above named On awakening the following interning he was aware of Fellow of the American Geriatric Society. Lucerne County. Pennsylvania. marked Exhibit No. 31.) Robert D, Wen and mode moth that pain in Me neck which extended up both sides of the neck, On July 19, 1969, I was called to lee Edward M. the foregoing whale- but was THE COURT: I bee no need, Mr. Minify, for the hooks. meet subscribed to by is true to the best of Ms MOST pronounced all the right Side extending up They refer to abotreds in the affidavit. and no I return Kennedy it his home. His chief complaints were headache, knowledge end bend, into the suite:occipital area. Them woe also stiffness and neck pain, generalised stiffness and dueness. these to you. pain In kis neck, the pain radiating down Into the trapezitta The hiatery of the present tares, wet as follows: He Robert G. Clark, Jr. area hilaterelly, end Into the scapulae, but MR. !FANJET: Thank you, your Honor. as without any THE COURT: Now, it will be helpful to me and to the dated that he had bees Ice an auto accident lad eight. • Notary Public radiation of pain Into his arms. On severe] occasions he had My commission expires Feb. 26. 1976 record If we hid a description of the Oldsmobile with Mardurs vineyard. The car mint off a bridge. There is a Intermittent numbness in both hand., but thu cleared with. limn in Ms memory between hitting the bridge and coming in the firm twenty-four hours. lie had a Jtenendired bawd- perticulm reference to its width and in length. To my EXHIBIT A memory It does not appear anywhere in the testimony and to under water and struggling to get out. There was. Iota ache, hot with toed tenderness and swelling over the top of of orientation - at the hod momeat he grabbed the aide of CAPE COD MEDICAL CENTER I will accept an affidavit as to that. his head. and over the right at:Mein:I-modeled. region. an open window and pulled himself out. He was not clear Incorporated He atm had a Orange rcnastioo iv both ears which was I will mak fur a better underdanding of the record and Hyannis, Messeehturatle X•Ray there be submitted by somebody same kind of s piper or on the events following but be remembered diving roped- difficult to desaebe, but which was not acutely painful and edly to check for a passenger • without success. He went 775-8491 map of the island of Chappaquidclick. !Met have a memory which cleared after about iwenty•four home. His headache for help and returned, Again, effort to rescue passenger was X-ray Report cleared rapidly, but he continues In have pain and stiffnees that there are some plane. Kennedy. Senator Edward MR. DINTS: Well, perhopa the department of the Town without success- He was driven to flit ferry slip and swam 7123169 in his neck aggravated by actity and turning hie head, and to the main body of land. He went to his hotel where he Dr. of Edgartown has maps which show the roads and the Wan It times When the neck pain locomen more pronounced he beaches rather In derail. We ma either Morten them locally slept fitfully wen 7:00 6.10. will experience the heedeche. He has worn a cervical collar Physical examination revealed his vital signs end Immo- from the town or the Commonwealth. Skull studies were made in Me usual four pendent. m an the advise of Dr. Watt, and has obtained some relief THE COURT: There o an excellent map right now in meleei examination to be within normal limits. ?waive Weil, as an cemetery far the base. from this. Ile has noted a tendency to fear. may; landings included a onto-half inch abrasion and lierndoma I taw no definite evidence of Menem or demotion. however, he has had no nausea in vomited; no vertigo; no the socuiled jury room, snood an the wall as a matter of over the right mastoid, e contrition of the metes, spasm of fact, which hat sumething to do with the plumed develop- Incidentally, the equamoul suture was notice prominent syncopal attacks. He also had Increased low hack pain, but ment of nukes Ceunty, something to do with the Econ. the posterior cervical musculature with tenderness ever the on the right side , there is no radiation of pain into has teen There is no omit: Commission, Unfortunntely, they are large, but it ram and sixth cervical vertebrae (the arm just above the In general, the pararraaal minuet: as well as bath mestolds clothe:ban. of Onion. rope of the neck). motion of Ms heed was limited and wax con loin' the genond idea of the drape of the Wand, dm of Were clear, the wile tureen was normal In dm and contour The pad Needy Is non-contributory. There In a previous the island. the ferry, the road to the ferry miming all the eceomplialied will; difficulty, tenderness and sorertem of end there were 110 letrarr3ilial caleifications, hidery of a Nome hack Merry for which he ha. worn a the lumbar flee without radiation. way by this cottage, the so-miler! Dyke Road, the bridge, CONCLUSION Negative duel hack brace fat a number of yenta, nod he was wearing 11 al Diganosis: Coneudion, contusions and abresions of the the time of the examination. the 1w-celled Ego kirsch . vertex that respimaibility, your Ilon• scalp, moult tended drain The contusion of the Neurological mamboed-cm At the time of this examine- MR. DINE: E will aniline ■ spongy swelling It re. I will obtain one for your Honor, which will probably was dernonoreted by tendeirimes and thin the patient is alert and fully oriented. Speech is the top of bar head. The abrasion over the right mastoid mulled Eaernination of the mile reveals a torte of tender. be one prepared by the Engineering Department of the by Ye Boar-nee Me) Department of Public Works concerning Chappaquiddick was obvious. The acute cervical strain was aolastantleted netO approximately 3 eel, in diameter Lever the mid point X-ray studies which Mowed n less of the normal, cervical Red iologist Wend- of the vertex of the Mull with slight Aeration of the scalp —90— — 91

--7.7,-11 pRrf.=rrm1114,— 1 ,,..ragptre!

over the mnounding name in this zone. There is also an an also is There zone. this in name mnounding the over

Light preemie in this area earnes pain extending up into into up extending pain earnes area this in preemie Light

limitation limitation

area of swelling and discoloration of the skin behind the the behind skin the of discoloration and swelling of area

top of this zone which is quite sensitive to pressure there is is there pressure to sensitive quite is which zone this of top

mutely one-half the normal range. Flexion Flexion range. normal the one-half mutely

Them is limitation of extension of the neck to approxi- to neck the of extension of limitation is Them tip of the mastoid, a dist.ce of about 3 to 4 cm. Over the the Over cm. 4 to 3 about of dist.ce a mastoid, the of tip

tight mastoid extending upward and medialward from the the from medialward and upward extending mastoid tight

a linear excoriation of the skin which is 2 cm. in length. length. in cm. 2 is which skin the of excoriation linear a

neck. Their: is no occipital tenderness on the left side. side. left the on tenderness occipital no is Their: neck.

the occipital area as well as down the right side of the the of side right the down as well as area occipital the

posterior cervical region maximal at the level of the C5-6 C5-6 the of level the at maximal region cervical posterior

and C6-7 interim.. in the midltne. There is no scapular scapular no is There midltne. the in interim.. C6-7 and

through an essentially normal range, and there is moderate moderate is there and range, normal essentially an through

to the right than to the left. There is tenderness aver the the aver tenderness is There left. the to than right the to

tendon latexes are brisk and symmetrically active, except except active, symmetrically and brisk are latexes tendon

sion of the low back, although detailed testing of these these of testing detailed although back, low the of sion

movements Is not carried out, There is a deformity In the the In deformity a is There out, carried not Is movements

on the the on

that the knee jerks ate not obleitted. Plantar responses were were responses Plantar obleitted. not ate jerks knee the that No orebeler signs. Gait Is normal. There Is slight swaying swaying slight Is There normal. Is Gait signs. orebeler No

tenderness. There is good strength in all estietnittes. Deep Deep estietnittes. all in strength good is There tenderness.

mid lumbar region with offsetting of the spine.us processes processes spine.us the of offsetting with region lumbar mid

flexor bilaterally. Thor is limitation of flexion and exten- and flexion of limitation is Thor bilaterally. flexor

of cervical tordosts consistent with acute spasm of the cervi- the of spasm acute with consistent tordosts cervical of

intact. The fund' are negative. There is no nyetegmus nyetegmus no is There negative. are fund' The intact. secondary to ho old back injury. No gross annoy deficit. deficit. annoy gross No injury. back old ho to secondary

skull films were negative for fracture. Cervical spine Edens Edens spine Cervical fracture. for negative were films skull

sion of Scalp. Acute Cervical Strom Strom Cervical Acute Scalp. of sion

cal muted:do/T. muted:do/T. cal

showed straightening of the cervical column with absence absence with column cervical the of straightening showed

sciousness and retrograde amnesia sustained at the time of of time the at sustained amnesia retrograde and sciousness

his accident, end the occurrence of the head injury is is injury head the of occurrence the end accident, his

and in the right mastoid area. There is atso still evidence on on evidence still atso is There area. mastoid right the in and

corroborated by the contusions of the .alp over the vertex vertex the over .alp the of contusions the by corroborated

elevation of spinet. fluid pressure, or evidence of previous previous of evidence or pressure, fluid spinet. of elevation

a lumbar puncture should be obtained to rule out any any out rule to obtained be should puncture lumbar a

an electroencephalogram be obtained, end, also, if feasible, feasible, if also, end, obtained, be electroencephalogram an

examination of an acute cervical strain. I would advise that that advise would I strain. cervical acute an of examination

present. present.

bleeding in the suberachnoul space which may still be be still may which space suberachnoul the in bleeding

Kennedy, Senator Edward M. M. Edward Senator Kennedy,

intermixed with 4-7 cps. Theta waves without amplitude or or amplitude without waves Theta cps. 4-7 with intermixed

Eleetrode resisrence artifect is recognized. Hype/ventilation Hype/ventilation recognized. is artifect resisrence Eleetrode

muscle artifact is seen, especially in the anterior leads. leads. anterior the in especially seen, is artifact muscle produced no abnormal tarpons.. Slight Increase in the the in Increase Slight tarpons.. abnormal no produced

amount of slowing (4-7 cps.) In scattered faltion In tem- In faltion scattered In cps.) (4-7 slowing of amount

tense and waking slate. It contains 8.9 cpa. Alpha waves waves Alpha cpa. 8.9 contains It slate. waking and tense poral leads was observed. observed. was leads poral

frequency saymnietnea. A great deal of oyc movement and and movement oyc of deal great A saymnietnea. frequency

(.7

CC. Robert G Feld/nen, M.D. M.D. Feld/nen, G Robert CC.

IMPRESSION, IMPRESSION,

. Milton F Brougham, M.D. M.D. Brougham, F Milton .

keret

Diagnosis: Cerebral Concussion. Contusions end Abra- end Contusions Concussion. Cerebral Diagnosis:

Comment: This patient gives a history of toss of con- of toss of history a gives patient This Comment:

THE BOSTON NEUROLOCIAL LABORATORY, toe. toe. LABORATORY, NEUROLOCIAL BOSTON THE

Norte Norte

Fur/Tense Fur/Tense

Awake Awake

Breakfast Breakfast

lesion behind right ear. ear. right behind lesion

Auto Accident 7/21/69, Brace Brace 7/21/69, Accident Auto

Robert Wert M.D. M.D. Wert Robert

Within normal normal Within

R. Watt, Dt. R.C. Feldman Feldman R.C. Dt. Watt, R.

' of the cervical spine and skull were reviewed. The The reviewed. were skull and spine cervical the of '

Romberg test. The cranial nerves are completely completely are nerves cranial The test. Romberg

Electroenerphalognsm is taken with the entice! in in entice! the with taken is Electroenerphalognsm

of of

lateral rotation to either site somewhat more more somewhat site either to rotation lateral

Bootie, Massachusetts 02116 02116 Massachusetts Bootie,

264 Beacon Street Street Beacon 264

fiX1110IT C C fiX1110IT

Milton F. Brougham, M.D. M.D. Brougham, F. Milton

. Dr. M. F Brougham. Brougham. F M. Dr. .

on neck, Headache,. Con- Con- Headache,. neck, on

Robert CI Feldman, M.D. M.D. Feldman, CI Robert

Is Is

July 23, 1969 1969 23, July

carried out out carried

37 years years 37

00 p.m. p.m. 00

25325 25325

Right Right

a a

- 92 — — 92 -

- Subscribed and morn to before me me before to morn and Subscribed -

Dukes Cannily Cannily Dukes

October of 1961 to the present date. date. present the to 1961 of October

occupation, employed by Arthur D. Little, Little, D. Arthur by employed occupation,

and Master of Science in Applied Physics from harmed harmed from Physics Applied in Science of Master and

Pork, Cambridge, Massachusetts. Massachusetts. Cambridge, Pork,

Science degrees In Electrical Engineering from MIT in 1953 1953 in MIT from Engineering Electrical In degrees Science University In 1963. 1963. In University

Factors Involved in the July 18. 1969 Accident on Dyke Dyke on Accident 1969 18. July the in Involved Factors

Valley Road, Road, Valley

yard. Messachusette" prepared for Mr. Roben G. Clark, Jr., Jr., Clark, G. Roben Mr. for prepared Messachusette" yard.

a a

end pages 49 through 55 of the aforesaid Report, copies of of copies Report, aforesaid the of 55 through 49 pages end Bridge, Chappaquiddlck Island, Edprtown, Martha's Vine- Martha's Edprtown, Island, Chappaquiddlck Bridge,

evaluation and presentation of the dara found on page 4 4 page on found dara the of presentation and evaluation

aforesaid study, I personally participated in the gathering, gathering, the in participated personally I study, aforesaid

ence. ence.

dated October 10. 1969. While engaged in working on Ike Ike on working in engaged While 1969. 10. October dated

which are attached hereto and incorporated herein by by herein incorporated and hereto attached are which

knowledge and belief, and the )utgments and conclusions conclusions and )utgments the and belief, and knowledge

contained in that parr of the Report represent my best best my represent Report the of parr that in contained

an MS degree in Physics from Rensselaer Polytechnic Insti- Polytechnic Rensselaer from Physics in degree MS an

professional opinion and judgment. judgment. and opinion professional

BS degree in Physic from Rensselaer Polytechnic Institute, Institute, Polytechnic Rensselaer from Physic in degree BS

the atorenatd Report are true and correct to the best of my my of best the to correct and true are Report atorenatd the

COUTNY OF DUKES: a a DUKES: OF COUTNY

COMMONVIEALT11 OF MASSACHUSETTS MASSACHUSETTS OF COMMONVIEALT11

vison and control of Doctor Richard S. Stone, who has a a has who Stone, S. Richard Doctor of control and vison

technic Institute in 1952. 1952. in Institute technic

tute in 1950 and a Ph.D. in Physics from Rensselaer Poly- Rensselaer from Physics in Ph.D. a and 1950 in tute

January, 1970. 1970. January,

PHYSICAL FACTORS INVOLVED IN ME JULY 18, 18, JULY ME IN INVOLVED FACTORS PHYSICAL

DICK ISLAND, EDGARTOWN, MARTHA'S VINEYARD, VINEYARD, MARTHA'S EDGARTOWN, ISLAND, DICK

rapid right turn, left turn, and sharp upwird deflection are are deflection upwird sharp and turn, left turn, right rapid

MASSACHUSETTS. MASSACHUSETTS.

grade extends from 630 feet to within 100 feet of the the of feet 100 within to feet 630 from extends grade

high-beam headlights do not illuminate the bridge at this this at bridge the illuminate not do headlights high-beam

not only distracting but alio make it difficult to see the the see to difficult it make alio but distracting only not

bridge below one is on it. it. on is one below bridge and 30' from the bridge, one's lights ere deflected sharply sharply deflected ere lights one's bridge, the from 30' and

upward so that again the bridge is not illuminated. The The illuminated. not is bridge the again that so upward

1969 ACCIDENT ON DYKE BRIDGE, CHAPPAOL1113- CHAPPAOL1113- BRIDGE, DYKE ON ACCIDENT 1969

point. lied as one turns back to the right at between 90' 90' between at right the to back turns one as lied point.

feet from the bridge fore. one to turn in the left, left, the in turn to one fore. bridge the from feet

3/10 of a mile except except mile a of 3/10

study which is described in a report entitled "Physical "Physical entitled report a in described is which study

I have been employed at Arthur D. Little, Inc. from from Inc. Little, D. Arthur at employed been have I

1 have mceived the Bachelor of Science and Master of of Master and Science of Bachelor the mceived have 1

I have worked as a part of a group in the preparation of of preparation the in group a of part a as worked have I

I. I am a mildest of Massachusetts, living at 17 The The 17 at living Massachusetts, of mildest a am I I.

I, Donald L. Sullivan, being duly sworn, depose mid say: say: mid depose sworn, duly being Sullivan, L. Donald I,

Tho facts staled on page 4 and pep. 19 through 55 of of 55 through 19 pep. and 4 page on staled facts Tho

The entire Report was prepared under the direct super- direct the under prepared was Report entire The

Approaching the bridge. the road is straight for at least least at for straight is road the bridge. the Approaching

COMMONWEALT11 OF MASSACHUSETTS MASSACHUSETTS OF COMMONWEALT11

AFFIDAVIT OF DONALD L. SULLIVAN SULLIVAN L. DONALD OF AFFIDAVIT

Vegetation Vegetation

Concord, Concord,

CONFIDENTIAL TO COUNSEL COUNSEL TO CONFIDENTIAL

MR. ROBERT G. CLARK, JR JR CLARK, G. ROBERT MR.

My Commission expires on Feb. 26, 1976. 1976. 26, Feb. on expires Commission My

on the right at at right the on

Massachusetla and am a physicist by by physicist a am and Massachusetla

Prepared for for Prepared

for for

Page 4 4 Page

the last 150 feel, A I% down- down- I% A feel, 150 last the

a a

distance of about 120 120 about of distance

on on

Robert G. Clark, Jr. Jr. Clark, G. Robert

Donald 1.. Sullivan Sullivan 1.. Donald

District Court of of Court District

this 5th day of of day 5th this

Dukes. County County Dukes.

Inc., Acorn Acorn Inc.,

No. 15220 15220 No.

SO SO

refer-

that that

Our findings are is follow.: follow.: is are findings Our

• •

The dam for this investigation soloist of the followirqt: followirqt: the of soloist investigation this for dam The

• •

OW OW

of our inspection. inspection. our of

dimmer switch was in the high-beam pontioti at the time time the at pontioti high-beam the in was switch dimmer

• •

However, when we put e batter directly on the low brain brain low the on directly batter e put we when However,

cident using the following assumption. assumption. following the using cident

light, the high hum light also lighted, indiniting thm the the thm indiniting lighted, also light hum high the light,

• • September 10, 1969 vandal, vandal, 1969 10, September

• • not possible to light the lights by replacing the battery the replacing by lights the light to possible not

based on data from the nautical almanac shown that the the that shown almanac nautical the from data on based

the car_ We did find the head lamp witch an and severely severely and an witch lamp head the find did We car_ the

bent to the point where it could not tie opereled. It was was It opereled. tie not could it where point the to bent

evening. There was a Crescent moon. A calculation of of calculation A moon. Crescent a was There evening. roman wen hdow the horizon at 10:22 PM that evening: evening: that PM 10:22 at horizon the hdow wen roman

anyone who on tell us *bother or not there was a ground ground a was there not or *bother us tell on who anyone

moonset for the latitude and longitude longitude and latitude the for moonset

fog or hate in the vicinity of the bridge on Iris particular particular Iris on bridge the of vicinity the in hate or fog

That the weather was dear dear was weather the That

Midge rant. It is at at is It rant. Midge

oomes oomes

of between 100 feet and 56 feel, the headlight. are are headlight. the feel, 56 and feet 100 between of

lipped up sharply by the rating termla Thc bridge is is bridge Thc termla rating the by sharply up lipped

headlights headlights

the hmdllghls come down and illuminate the right right the illuminate and down come hmdllghls the headlight. strike the ground for a long period of tone tone of period long a for ground the strike headlight.

minnually minnually

cocoa of 100 feet from the bodge that the high-bairn high-bairn the that bodge the from feet 100 of cocoa

well in frost of and to the left of the bridge. lust el The The el lust bridge. the of left the to and of frost in well

period of lens !Iran three seconds prior lo tiro accident oaf oaf accident tiro lo prior seconds three !Iran lens of period

The series of still pictures shows that at distr..: in in distr..: at that shows pictures still of series The

the the

The motion picture shows Out the bridge Is visible for a a for visible Is bridge the Out shows picture motion The

dry bridge but with a slightly sandy unlace. unlace. sandy slightly a with but bridge dry

Nom wheels touched the the touched wheels Nom

beginning of the the of beginning

cles in which a 1969 Chearolet approached the bridge al al bridge the approached Chearolet 1969 a which in cles with the front wheels at a durance 01 33 feel from the the from feel 33 01 durance a at wheels front the with

Kennedy of the Massachusetts Division of Mot. Vehi- Mot. of Division Massachusetts the of Kennedy

20 mph The brakes were applied at the instant the the instant the at applied were brakes The mph 20

Data on a rest performed in the mean. of Mr. George George Mr. of mean. the in performed rest a on Data

(Figure V1.2.) V1.2.) (Figure

obtained from aerial photographs and by direct mosey. mosey. direct by and photographs aerial from obtained

intensity pattern. pattern. intensity

see. (Figure VII) VII) (Figure see.

alumina lion lion alumina FALARTIFA

Oats on the vertical and horizonhil high-beam heedlight heedlight high-beam horizonhil and vertical the on Oats

A plan and elevation of the approach road to the bodge bodge the to road approach the of elevation and plan A

so that the photographs match what the driver could could driver the what match photographs the that so

Edgartown. Chief Arena clocked this car at a speed of of speed a at car this clocked Arena Chief Edgartown.

Kennedy car. They were tested for proper adjustment adjustment proper for tested were They car. Kennedy

by by

the bridge on a clear night using high-beam hodbght hodbght high-beam using night clear a on bridge the

A ;cries of still pictures taken at various dinancee from from dinancee various at taken pictures still of ;cries A

20 mites per hour. Its speedometer indicated correctly. correctly. indicated speedometer Its hour. per mites 20

vehicle had the the had vehicle

the picture to what the bemire eye could are. The test test The are. could eye bemire the what to picture the

head lamp Illumination only. (Exhibit VI. 1.1 1.1 VI. (Exhibit only. Illumination lamp head

=cond. =cond.

An especially fast film was used in an attempt to match match to attempt an in used was film fast especially An

The approach to the the to approach The Prior to the accident the vehicle headlight. were on high high on were headlight. vehicle the accident the to Prior A motion pirditni taken on s clear night lining high-beam high-beam lining night clear s on taken pirditni motion A

The weather was clear with no ground fog or haze. haze. or fog ground no with clear was weather The

born and were properly adjusted. adjusted. properly were and born

On the basis of the above information, we conducted conducted we information, above the of basis the On 20 mph. which aloes/ninth to a speed of 29.4 feet per per feet 29.4 of speed a to aloes/ninth which mph. 20

At the time of our inspection of the Kennedy vehicle on on vehicle Kennedy the of inspection our of time the At

During the night of July Ili, 1969, we have assumed assumed have we 1969, Ili, July of night the During

investigation of the visual factors factors visual the of investigation

ear ear

Mr. Pat Pat Mr.

on on

approached the bridge bridge the approached

to the bridge at an agate of In• to the right, right, the to In• of agate an at bridge the to

Main Main

illuminated luo av she front of the car car the of front she av luo illuminated

only. Here again a special fast film was used used was film fast special a again Here only.

Jenkercien of the Old Colony Getage Getage Colony Old the of Jenkercien

AWW

rigid. toward the bridge, at a distance distance a at bridge, the toward rigid.

same same

bridge. bridge.

bridge was was bridge

Page 51 51 Page

headlight configuration as did the the did as configuration headlight

Page Page

Page 50 50 Page

and we we and

bridge. bridge.

The test wee performed performed wee test The

ILIE

had &grayed &grayed had

49 49

at at

K_ENNPDMItrDEINT K_ENNPDMItrDEINT

20 mites per hour. hour. per mites 20

have been inutile to find find to inutile been have

The no came to • atop atop • to came no The

made el epproxinuitely epproxinuitely el made

of of

aring an an aring

Chappaquldthek Chappaquldthek

the wiring in in wiring the

the nc. nc. the

on on

- 93 93 -

a a

In In

6.7.--senve-mieree---,sceew 6.7.--senve-mieree---,sceew

. .

made on December 29 and 30, 1169. 1169. 30, and 29 December on made

Made an impaction of a isirtion isirtion a of impaction an Made

ptuitikldiek Island, Martha', Vineyard_ lbw inspeetion was was inspeetion lbw Vineyard_ Martha', Island, ptuitikldiek

Massachutelle offices of the Harris omenization. My qual- My omenization. Harris the of offices Massachutelle

timber bridge which is located id id located is which bridge timber

Slumlord, ConneMicut, Hartford, Conneedicut and Boston, Boston, and Conneedicut Hartford, ConneMicut, Slumlord, Include the administration of all work performed in the the in performed work all of administration the Include

thulium as an engineer are attached as Exhibit ''A". ''A". Exhibit as attached are engineer an as thulium

of Frederic It Harris Inc., Consulting Engineers_ My duties duties My Engineers_ Consulting Inc., Harris It Frederic of

1, EUGENE. D. JONES. being duly swum, depose and asy: asy: and depose swum, duly being JONES. D. EUGENE. 1,

been Vice President hi hi President Vice been

Stales of Contiectirto end Now York. Sin. 1966, I lave lave I 1966, Sin. York. Now end Contiectirto of Stales

Photo Copies. Copies. Photo

Puhlishers Note: Pages 54 and 55, am ogreproducable ogreproducable am 55, and 54 Pages Note: Puhlishers

goes over the curb the or would also tend to flip, end end flip, to tend also would or the curb the over goes

side went over the curb first, the or would tend to rotate rotate to tend would or the first, curb the over went side

with the passenger side falling fort, As the center of gravity gravity of center the As fort, falling side passenger the with center of privity privity of center

distance of 24 feet from the start of the bridge. Once the the Once bridge. the of start the from feet 24 of distance

distance of IA feet from the oast of the bridge. bridge. the of oast the from feet IA of distance

If the bridge or tires Mid twee damp end randy this this randy end damp twee Mid tires or bridge the If

distance would have been greater. The front wheel on rho rho on wheel front The greater. been have would distance

stopped in 33 feel on the dry bus somewhec sandy bridge. bridge. sandy somewhec bus dry the on feel 33 in stopped

to fall into the water. water. the into fall to passenger side of the Kennedy cat went over the curb al a a al curb the over went cat Kennedy the of side passenger

at a speed of 20 mph and with the brakes applied iota as as iota applied brakes the with and mph 20 of speed a at

the front wheels cane onto the bridge, a Chevrolet test car car test Chevrolet a bridge, the onto cane wheels front the

mint 30 feet to 40 feet out on the bridge. When traveling traveling When bridge. the on out feet 40 to feet 30 mint

alumlnete alumlnete upwerde. At some point at a distance of approxlinately 30 30 approxlinately of distance a at point some At upwerde.

light Intensity Intensity light at 20 mph) the road levels slightly and the headlights headlights the and slightly levels road the mph) 20 at

feet from the start of the bridge (approximately I second second I (approximately bridge the of start the from feet illuminate the bridge only aliehtly. On a clear night it i• i• it night clear a On aliehtly. only bridge the illuminate

rise is sufficiently sharp no that the vertical headlight bones bones headlight vertical the that no sharp sufficiently is rise

rise rapidly and the car's lights are deflected upward. This This upward. deflected are lights car's the and rapidly rise

detracted at Ihis point by the abrupt change in reflected reflected in change abrupt the by point Ihis at detracted almost as though one's headlights have been turned out. If If out. turned been have headlights one's though as almost

ly 60 feet to 90 feet from the bridge, the road begim to to begim road the bridge, the from feet 90 to feet 60 ly

as one tams back to the right at n distance of approximate- of distance n at right the to back tams one as

sufficiently as that they might illuminate the bridge, bridge, the illuminate might they that as sufficiently

Initially the high-beam lights illuminate only the titans titans the only illuminate lights high-beam the Initially

bridge. Just Just bridge.

toad in front of the the of front in toad

distance of much greeter than between 60 feet to 90 feet. feet. 90 to feet 60 between than greeter much of distance

of turning to avoid the manikin, make It essentially essentially It make manikin, the avoid to turning of

forced to hula to the left and the lights don't strike the the strike don't lights the and left the to hula to forced

impossible to tee the roadwey over the bridge at night night at bridge the over roadwey the tee to impossible

it. These two factors, the long grade and sloop rise Met Met rise sloop and grade long the factors, two These it.

before arming aim to the bridge, coupled with the necessity necessity the with coupled bridge, the to aim arming before

std, std, well out past the point where it would be in the center of of center the in be would it where point the past out well

Ibc Ibc

before the bridge, there Ise VT downgrade. In addition, in in addition, In downgrade. VT Ise there bridge, the before

feel from the bridge, the vegetation on the right extend. extend. right the on vegetation the bridge, the from feel

the roadway. Al a distance of between 60 feet feet 60 between of distance a Al roadway. the

the bud 60 feet before the bridge there there bridge the before feet 60 bud the

21 At the .equal of Ropes & Gray, Attorneys at Law, I I Law, at Attorneys Gray, & Ropes of .equal the At 21

•

11 I am a professional engineer duly licensed in the the in licensed duly engineer professional a am I 11

The center of gravity of the ern went over the curb curb the over went ern the of gravity of center The

driver were not previously distracted he could well be be well could he distracted previously not were driver

In the diagrnm, we can see that between 530' and 90' 90' and 530' between that see can we diagrnm, the In

comes clear. clear. comes

on the plan and elevation diagram of the approach Mad, Mad, approach the of diagram elevation and plan the on

over the rail. rail. the over

When the scaled headlight intenaily pattern is overlaid overlaid is pattern intenaily headlight scaled the When

and allowing for a reasonable reaction time, it it time, reaction reasonable a for allowing and

position, traveling at a speed of 20 mph, from raring raring from mph, 20 of speed a at traveling position,

the reason fur sequence of events outlined above be- above outlined events of sequence fur reason the

opinion that braking only will not prevent a ear in this this in ear a prevent not will only braking that opinion

angles Left. In view of the braking test on a thy Whip, Whip, thy a on test braking the of view In Left. angles

this time that one midises that the road over the bridge bridge the over road the that midises one that time this

onto the tool. tool. the onto

approach toad if one did nut nut did one if toad approach

AFFIDAVIT OF ELIGFNE D. JONES JONES D. ELIGFNE OF AFFIDAVIT

a a

point on the right curb of the bridge at • • at bridge the of curb right the on point

as the the as

or or

the cm was over the mob, the car had had car the mob, the over was cm the

charge charge

buidge, buidge,

Since Since

light light

Page 53 53 Page

Page 52 52 Page

of the New England Division Division England New the of

beams are deflected aleoply aleoply deflected are beams

the wheels on the the on wheels the

nut as the terrain fevets our our fevets terrain the as nut

the rooter. end of of end rooter. the

a a

lent to the the to lent

Dyke Road end the the end Road Dyke

in 0 0 in

Iwo-fool else in in else Iwo-fool

left to avoid avoid to left

passenger passenger

and and

Chep-

nee is is nee

t4 t4

over over

el el

at at

120 120

our our a a r

are Included in Standard Spealfications rue Illeliwny Bridges The roadwny fur approximately 1,000' before the bridge within his own lane —". (511,600,000.), the Wantagh-Oyler Bay Expressway has a width which varies between 17' and 19' and has no (1965 Editice) as adopted by the American Association of Between Station 7+87 and the bridge a• Indicated an Stale Highway Officials. This publication in shown as Ex- usable shoulders. The serrate Material for the roadway Exhibit "C" the roadway traveled way is made up of inet Chof k:Pene% hibit "E". 4-16 ,n050000200:001.1); 01hiteouriteavel3o3prne Mwrter'hrum;plitys consists of gravel end dal. Elusion of the embankment on ;heti reverse curve having radii of IMO end 1511' reepeet- system for the Univeisity of Connecticut, plus many other the light side of the roadway hes aceurced upproximalely Sheet No. 101 of the Standard Bridge Plana indicates icily. This reverse carve coupled with on upgrade toward that a minimum height of 2'-4" for e limber each (para- 1. before the bridge. the bridge directs the driven projected clew above the 1 9 150, pet) is recommended for timber bridges of spew between 61 -1965 Frederic cRn..elLairriinsg The bridge Itself it a timber structure approximately 85' structure. Since there are no lights, signs, or reflectorieed , 11 "- 0" to 21 .--11" end that the limber 'garb be bolted Engineers long slut 11F--6'. wide. Do either side of the rereeture is s markers to delineate the approach road and the structure, At:aslant Vice President down to the bridge deck try 7/8" belle with 4"x9 "x55" timber curb 9" wide and 59:" high. The bridge dock this conditlun is especially dangerous at night when the In charge sotf..Straomrdcords9, 8C000n07000ctieut. mobfafhiceR.aProject dent plate washers. consists of 10".3" limber planking and is Supported by driveler vialon is dependent on the direction of the head- Maregcr fur - Rand Bridge has a center span of I t .-9", p- longitudinal timber beano of varying sizes. The beams are Tire Dyke light beam. Therefore, in the area of the reverse move, the therefore the Standard Bridge pions apply to this structure. gram which envisions a complete new central business dis- supported by limber pile bents with a canter span i1 '-9" headlight beam it directed above the approach roadway and The timber cob on the Dyke Road Bridge I. inadequate trict for Stamford covering 130 bow. Work includes gener- long. The elegant.= under this span varies from 3' to 5' the structure, al both In height and strength. It is only 5" to 556" high and services, design of new Oracle, storm drains, above the water swine,. 7) Based on my field inspc-ctIon of the site and it wady nailed down to the bridge deck except for a short length sanitary anyefe, utilities and Inspection of construction. At both abutments, the approach roadway embankment of the existing conditions, I conclude the following: 19511-1961 on the north curb over the center span which is Arnold II. Vollmer Assoc., N.Y. in retained by timber wingwells on both aides. At the weal of 13' I. Asa public Nolte), the existing bridge and approach bolted to the bridge deck. Carraulting Famineeni .hutment, the north wingwall it 20' long and the end is roadways are well below the minimum gandards set by Timber curbs arc the mod important safety feature or, a Project Manager offset approximately 12' filen the edge of the bridge. The commonly used engineering criteria. In charge of design and Iwidge deck without handrail/rig Proper bright end ade- supenhirm o< construe:lien of moth wingwall to also 20' long and the red is offset 2 The absence of warning algae, guardraila, lighting and various large smile recreational developments including the quate strength are essential to the design of such u timber approximately 8' from the edge of the bridge. broom bee reflemoneed markers makes this site particularly hazard- Lake Welch Recreational Area for or safety curb. the Palisades Interstate at both of the west wingwalts and repairs were ous al night. Park Commission; Belleayre Mountain Ski Center occurred' Sheet Nu. 101 of the Standard Bridge Men indicates and John being made by the Edgertuwn Ilighwey Deportment during Boyd Thatcher Stale fled a Minimum deck width of 24'-0" (between curbs) is Perk for the New York State Depart- the time of the inspection. required for timber bridges loving spans between 11"-11" ment of Conservation; Cumminp Beech end Rosa liadman There are no warning signs airing the approach midway -0”. Pack for the [Sty of Stamford, Coarrecticut, and many - to 21 . EUGENE D. JONES nor were there nay light. or reflectorized surfaces indica The Dyke Road Bridge is only 10*-6" wide between other._ These nano generally require roads, bridges, Pion-. water Supply, sewage treatment, &shop and utilities. Traf ting that a structure Li there. curbs. Since this strudUre server two-way traffic, the bridge - On December 30, 1969, I directed le survey piety conga- STATE OF CONNECTICUT width should have enamored to the minimum require- fic Consultant to the Committee for Shim Clearance for tote of James C. Schofield, LS & PE, Nellie A. Smith, IS CITY OF STAMFORD the City of New York on .1.1 Title I Project, within the ments as indicated on the Standard Bridge Plans and C. Edwin Carlana in the preparation of a plan and COUNTY OF FAIRFIELD City of New York. Preliminary design of City of Louisville Appendix "A" of the Standard Bridge Plans indicate Personally appear Eugene D. Jonas aligned and waled of the profile of a portion of Dyke Road and the bridge. The that guardrails lira required along both sides of the ap- Expresawmy System including North-South Expressway, results of this survey le attached as Exhibit "B". foregoing Instrument and acknowledge the none to be the plaud' roadway. A rointinum length of 100' isrecom- (interstate 6S); Henry Watterson Expressway (Interstate Based on the field surrey us indicated on Exhibit free mot and deed, before me, 264); Eastern Expressway (Interstate 641; end Riwieide 3) mended for this guardrail and the approach end should be "B", o ecelerline for the roadway and bridge was estab- Sep-rummy Onterstate 70. effort 5' to the outside edge of roadway. lished and hormontal and witicat Curve data added. The 1956-1958 approach guardrail B. provided at the Dyke Road Brown & Blauvelt, New York centerline and curve information bus been Marked In red No Notary nubile Sworn to and Subscribed before me this Bridge. Guerdraile are Mammary to guide and direct motor- Consulting Eaglet:cm directly on e print of the field survey and is shown an Jan. day of 2nd, 1970 des to a structure which Is narrower titan the approach Project Manager Exhibit "C". NOTARY PUBLIC In complete charge at Liberia, Wed Africa, Office, roadway. Starting at Station 0+00 and proceeding in a south-east- My Ow:mission Expires April 1, 1972 Supervised 25 American and 100 Liberian engineer, and 3) I then referred to the Manual en Uniform Traffic erly direction, the roadway in on tangent for approximately technicians in the survey, design, and emervision of con Control Devices for Shasta and lfighwas (June 1961 - . The roadway then curves to the right ore a radius of EXHIBIT "A" struction of 150 roar Western Province Road including 60 225' Edition) es papered by the Bureau of Pelilic Roads. This 9130' for approximately 51'. From the end of this curve, the PERSONAL HISTORY STATEMENT structures For the Republic of 3Jberia. Responsible for his publication Is drown es Exhibit "F", Paragraph IC.21. page roadway continues on tangent for approximately 263 ' to design and supereislon of canstruction of the City of Mon- 64 of the Manual elates: 440. Freer this puiul, the alignment of the road- NAME: Eugene D. Jones rovia (45,000 populettoe) Water Supply System inducting a Station 5 "—The ONE LANE BRIDGE sign ghee be used to (3) closely connected cornea as it PRESENT ADDRESS: 146 Wegport Road, Wilton, Come pumping station, filtration plant, 12 mile pipeline and one way is a relies of three mark it two-way brarliFea haring a dear roadway width approschtes the bridge. Starting at Station 5+40 the road- DATE OF BIRTH: "enemy 6, 1925 mi9iiiion peon reservoir. - at lem thee 16 feet.— ' way canvas to Ito left on a radius of 1500' for approx.. DEPENDENTS: Three Deleuw, Calher & Brill, N.Y. "—Additional protection may he provided by the erect- linately 299' then cuivrea to the right on a radius of 180' MARITAL STATUS: Married Architects - Engineers ion of reflector markings —". for approximately 91'. After a ahori tangent, the roadway CITIZENSHIP: U.SA„ Project tingierer In addition Paragraph 2D-2 page 149 of the Manual curves to the left on a radius of 150' for epproximetely SECURITY CLEARANCE: Secret In complete charge of design and preperation of con- 47'. This het own atria on the bridge street are approxi: stelae: NAME & LOCATION tract pleas of the Riebmond-Petershing Turnpike through "—Reflector markers may be mounted on or Immed- merely IS' from the west abutment. The remainder of the 111CH SCHOOL & COLLEGE the City of Richmond, Virginia. Total ConStruclifni Cost- traveled we), over the bridge la on tangent. iately In front of obstructions, or at darp changes In FAO Orange N.J. High School (1938-1942) - 06,100,00o. 'alinement, to indicate the presence of heralds. Hazard The Vortical :alignment of the roadway as shown on Colter of Engineering 1952-1938 Frederic R. Harris Inc., N.Y. maker" Would he or such design and should be so Exhibit "C" starts with it 1.95% upward snide al Station New York Unnweelty (1943-1944) placed as to be clearly visible to approaching drivers Col:outline Engineers 0+00. At Station INS, the glade of the roadway is down- University Heights, New York (1946-1950) H.C.E. Highway Designer under ordinary atmospheric condition tioni a distance Wald to Station 7100 with "vying grades ranging form PROFESSIONAL SOCIETIES: In charge of design of all highway drainage cysterns. of 1,000 feet when a:Marinated by the upper beam of 0.50% to 1.750'. Erom StatMn 71-00 to Station 8+50 the American Society of Civil Engineers Made complete drainage study for proposed Wantegh • flys- standard automobile headlamp". grade of the roadway ia upward with varying grade, aneles New Yoek State Society of Professional Engineer. vet Bay Expressway and Deer Pea Avenue Implownuill. "They Would be mounter) at a heleht of approximately from 0.30% to 2_85%. The roadway Is level Just before the Tau RCM Pi This study was coordinated with atale, county and twat 4 feel above the pavement, except when they are bridge. The vertical alignment over the bridge is made up LICENSES: township offictels Designed complete storm drain system, • pptied directly to a hwardows object which by its of a series of short straight grades without connecting P.E. (N.Y.) 31229 including structures, for the Mohawk Section of the New nature requires higher or lower mounting, such as a low curves. These Atilt welions include an upward grade of P.E. (Conn.) 3839 York Thruway and for recoestruction of Sate Highway 2.43% to Station 8+85 where the grade changes to another culvert hordwa11—". OTHER:- 641 (Route SS). In charge of deign of complete sanitary There are no dips or relic-oar markings on the Dyke upward grade of 050%. The grade la then level from U.S. Bureau of Public Roads Exeeutive Re erne facilitiea for an Army Airfield Including water pply, Rend Bridge or on the approach road. Since the subject 21 at which Point thew ; Expert Witness lo Highway Aceideot Came, sewerage, airfield IlehtIng, power plant, buildings, drainage Station 9+04 to Station 9+ Midge did not use the minimum requirements al outlined downward grade of 9.50% to the end of the bridge. New York State Llepertrowl of Law and grading for preeentalion to AD Force. Made additional In the Standard Bridge Plans. eppeopriate warning signs 4) After the field inspection and examining the data Board of Aseociale Directors, Medics for propored Oyster Bay - Samford Ferry mud Weald have been iestalled along the tipper/salts and at the comanied in Exhibit, "B" and "C", I then referred to Slate National Rank of Cnoneciieul wrote preliminsty report. Resident engineer in complete Standard Plana for Highway RH crie,. Volume 111 Timbet bridge EXPERIENC RECORD charge of supervision of ornetruclion of Garden State Pink A ONE LANE BRIDGE Wiwi and reflector markers are - brill el as prepared by the US. Deportment of Touraporta- 1966 -Preeent Erederic R. Hernia, Inc., N.Y. Mow Jersey) Contract, "Mheeilaneous crn,unn. !kidn- required to warn motorists of Merge, ahead. way ederal Highway Administration, Boreee of Public Consulting Engineers ap and Paving et the Route 35 Interchange". Monstruc- to eg_policy un Geometric Desties of Roads dated May 1969_ mane sturelozd plans arc shown ire 6) I then referred Vice Prmiden1 Hon 0051 - 560.000). Office Emplace In charge of all 1,15.65 -Mtion) en prepared by The Amer- Exhibit "D". The Intorduellon of the Standard Plane for Rural filishvays fn complete theme of New England Ilivbion which "malty work, made design changes, prepared contractor's ican Artscrentuon of Stale Ifighwey Official*. In the highway Highway Bridges Volume 111 stator the following: inciudea Stamford, Hartford and Boston office. of Frederic estimates, wrote special report" and an general field office "—Thew peels ore intended to serve on a useful guide entilneming field, this publication in commonly referred to R. Hann. Inc. Duties include the development of new of eutiodifne errameers, irervirina eight (St conetrection or "The Bible". This publication Ur down es to Stale, County mud local highway department" in the "AASHO" client contacts and the adminOtretico of all work including centred; totaling 54,000,000. Exhibit "C". Paragraph 7, page 191 of -rho Bible" ahem development of suitable end economical bridge dealgas e action of Relneeted Emilie 7 in Connecticut 1950-1932 aprds celny.: The plane should be particularly valuttblo to Ilse smaller the folkiering. (55,001,000.), Relocated Route 190 inebeding a new high Frederic !inert, highway departments with limited engineering dares-- Any abrupt reversal in alignment Amulet be avoided. level en:ruing of Use Connecticut River (56,500000.), s PI Porter Inc. a driver lo keep The specifications for Midge materiels and construction Such n change make* it clinical' for po rl ion of Intern:4e 91 through New Haven Newark, New Jersey

94 - - 95 -

aripperateree. -wearer empe-wwweecre • • New Jersey Turnpike. Computed run-off quantities, de-

plete storm drain system for the northern section of the

signed special sirMteleS, made field inspections, prepared

drainage tables and mole engineers eatimates.

levelman and acting chief

party. Engincer-lospector in charge of construction of

Computed concrete and earthwork volumes, !Mel weight.

section of new pumping station, Grand Coulee Dam.

1949-1950

and other miscellaneous work into pay iimus.

Before:

Court

Present

trict of Mosrachugests,

wealth.

FUR

Amisted highway designer m layout and design of com-

Engineer trainee and construction engineer -miler.,

lion. James A. Boyle, Justice of the Edsartownotrict

Edmund Thais, District Attorney for the Southern Dis-

Peter Gay, Assistant District Attorney, for the Common-

Armand Fernandes, Assistsut District Attorney.

Daniel Daley, Sr., Earl.

Paul Redmond, Esq.,

Thorne. Teller, Clerk of Counts

Helen S. Tyra, Temporary Court Officer Harold T. McNe0 and Sidney R. Lipm.,

still under oath.

Mr. TELLER. IWill remind you you are

THE WITNESS: Right. TIIE COURT: How long had you known Min

Ropechne?

THE WITNESS: Since 1967

THE WITNESS: Yes, in Senator Kennedy's Senate

Office and then later in the

THE COURT

THE COURT: Do you know what 11ce residence mss at

THE WITNESS: Yea, THE COURT: What was tl? the time of her death?

THE WITNESS: Olive Street. THE. COURT: Olive Street, Washington, D.C.? TILE WITNESS: Yes. THE COURT: Do you know what her employment was

THE. WITNESS: Yes: then? THE COURT: Had the lived In Washington for Fame

Associates.

THE WITNESS: Yea.

THE COURT: How long? titan?

TILE WITNESS: Since 1964, '63 or '64. THE COURT: Did she have a roommate that she lived

THE WETNESS: She had three. garet Carron. THE COURT: And who were they? THE WITNESS: Name Lyons, Carol Littlejohn and Mar- with? THE COURT: Of you young ladies that are present here

sot this Inquest. who would he the friendlier and elomect

THE WITNESS: Nance Lyons was her roommate and I

het?

ESTHER NEWBURGII (Recalled)

ESTHER NEWBURGH. Recalled

END OF AFFIDAVITS

Had you worked with her in Washington?

TESTIMONY

she

party in a construction survey

U.S. Bureau of Reclamation

Official Court Stenographers.

war

Thursday, limuary 8, 1970

Coulee Dim, Washlogloss

working for Matt

Jr. Highway Designer

for Esther Newburgh.

ISIonachuisetts

Reese

- 96 -

wee

closest friend.? TILE COURT. You and Nance would probably be her

THE WETNESS: In this group, yes. THE COURT: When did you last work In Washington? THE WITNESS: I still work In Washington, TT1E COURT: Oh, you do?

THE COURT: Did you ever know Mary Jo 's by

THE WITNESS: Yes.

TIIE COURT: First name.

THE WITNESS: No. First name or last name?

THE WITNESS: No, THE COURT: Or last name. TIIE WITNESS: No neither. THE COURT: Al no time during the hod two years did

771E WITNESS: No. I think I know what you see

you know of any mate frond she had whose first or last

name was Vincent?

THE COURT: But you my you don't know who it woo? referring to, because It

THE WITNESS: No. newspaper.

THE COURT: Now, I am going to Just read to you to

refresh your recullecllon

came up on the road and Mr. Grogan was dewing the last time you TIIE WITNESS: Yea. THE COURT: You said, "I think It was the white ear to

what happened to Mary lo?"

told as to get in. He said something had happened, and

Inside. We got inside the cottage

my first reaction the cottage end he wouldn't say anything until we got Mary Jo

"When did you find out she had drowned?" "After 10:00 o'clock that morning " "Where?"

That wes your testimony the Irss time on the stand?

respect? "In the motel room at

TILE WITNESS: That hi THE COURT: Do you deliim to change that In any

TIIE WITNESS: In no way. THE COURT: Now, did you at any time have an inter-

View THE WITNESS: Several, or many. THE COURT: When I say conversation, I mean that

TILE WITNESS, Correct. THE COURT: When was the last time? THE WITNESS: The

accident.

they naked you questions and you gave them anawero.

THE COURT: When was the first lime? THE WITNESS: The

THE COURT: Then 1 ism confused.

night after the funeral, 1 believe.

reportes since that time?

press was in July, if that makes it clearer for you.

THE WITNESS: Why? All of the talking I did to the

THE COURT: You have had no conversation with any

THE WITNESS, No.

TIIE COURT: Do you remember any of the names of

111E COURT: I oak the questions, Miaa Newburgh.

TIIE WITNESS: Yes.

THE WITNESS: No. Who wee he with? mann?

THE COURT: Do you remember one called lack Neu- those reporters?

TILE WITNESS: I Inn cony. I wondmed who he was

THE COURT: Did they all identify themselves to your?

THE WITNESS: I woo in a state of extreme doom and

with. THE COURT: But you in December, that was last

THE WITNESS: No. I'm Sony, I can sec what you ani Man

tome of them said their newts, some of them mid the

very unclear. It wan the week right after the funeral. month, did you give a statement In any reporter?

the question, "How was it that you found out about

the next friendliest.

or conversation with any reporter?

service and some of them said the paper, and I was

WAS

the

missing, and that

name of Vincent?

mem

was

day

on the witness stand. You replied

the

IS only because I

lest lime WAS

e Senator and we drove back to

true.

the warn

after the funeral. Midnight, the

hotel at Rotuma."

was

all."

and

testimony

oectueird

the week of the

lie told us [hot

read it in the

you gave

000

° of

and

like the National Inquirer.

TUE WITNESS: Yes This is alleged to be what you mid to the reporter. Did

ion read to you to anyone? THE COURT: Yes. THE WITNESS: No. Statement that you purported to have made. THE COURT: Or the information that is to there. THE WITNESS: I learned hack al the motel that Mary

TIIE COURT: "I don't know how to tell you this, Mr. Jo was dead. 1 never talked to :lot reporter. TIIE COURT: I didn't ask you that question. THE WITNESS. I am sorry. THE COURT: Let Inn read chit to you. This e a

Gorgon is purported to have told you, there has number one is we neeer called the Senator by his first

reporter. never talked to anyone after July. accident to Ted, someone blurted. No, no, Grogan coun. his what?

THE WITNESS reading from. That looks like one of the trusts streets,

drowned." THE WITNESS: Not after July did I talk to any new.- THE COURT: "But ly? you any this to any reporter? TIIEnews. Joe Grogan told us about it." Is that THE WITNESS: No. THE WITNESS: No, and the reason that irs not true; THE COURT: And tint It is not true? THE WITNESS: No. to the statement nominal, is that

THE COURT: Now, did you see TIIE COURT: You say you never celled the Senator by name, none of us ever did, and I never spoke to that

THE WITNESS: By hie first name. I call Mm Senator, what you THE WITNESS: Yes. succulent to anybody? THE COURT: Wei, this saute' necessarily referring to you "You mean THE WITNESS: Yet. THE COURT: COmpletely? THE. WITNESS: Yes. THE COURT: So, you my that you did not make that know about them? THE WITNESS: Yea. THE COURT: You must have talked with her frequent- terrible, terrible tragedy, o accident. You mean an THE COURT: Nothing that would indicate to you in THE WITNESS: I talked wild her occasionally. alcoholic content? Have you read shout them? Do you TILE COURT: But saw her frequently? TILE COURT: You didn't make this statement that I toned, not the Senator, to Mary Jo. She apparently has THE WITNESS: No. TIM WETNESS: Yes. THE COURT: Not unmorally jovial? THE COURT: Did you me her drink any intoxicating she tell the parry? THE WITNESS: We were all very happy, but not any time that night? THE WITNESS: Yes. THE WITNESS: That is cooed. an expert. THE COURT: Do you THE COURT: Did you me her drink more than one? liquor? piper men. THE WITNESS: I can't recall that I saw her drink more THE WITNESS: Yes, I did. Tim COURT: What was her condition as to sobriety at THE COURT: In a place as small its this was - during the course of the evening? THE WITNESS: Completely sober, If you can TIIE COURT: — you must have seen her frequently

by having liken alcoholic beverages? unusually jomat because of liquor. than one now_

the slightest degree that she was influenced In any .0W

correct?

.co

are

referring to?

None of to call him by his first name.

accident to Ted, someone blurted."

not

until I was deemed did I learn

know

about a blood test for

Mary

Jo at the time

7/•=f-

use

barn a

me in

- 97 -

Q Was the cottage clean prior to your walking to the Q Do you mcall how many bottles were set up mit on

A You

A Yea. Q Did you me any half gallons?

Q Now, when you left the cottons you were walking. I A No,

Q By Mr. Fernendeal Mika Newburgh, with A No, I don't.

A No, I didn't.

A And Mr. LaRosa and the two Lyn. girls.

TIIE

ordinary whiskey • what was she drinking? THE WITNESS: No. I wouldn't undendand the five

THE COURT: Weil, if you put

THE WITNESS: I don't know There was no bartender

THE COURT: Well, you know whether she was having a THE COURT: Do you know that samples of blood are

THE WITNESS: Yes, but that rum and coke could have rum and coke as distinct from whiskey

cates five to six ounces of whiskey, would this change

been a coca cola as far as I

percentage of aloohol, which by expert testimony indi-

taken for the purpose of obtaining how much alcohol THE COURT: But I em talking shorn the color. they contuin? TIIE WITNESS: Right, it was not a rum and coke by six ounces anyway. Would that he X number of drinks? THE COURT: Does she have any particular favorite that Mary lo's blood had a and people were pouring - your testimony in any respect?

THE WITNESS: No, Notoriously among all

TIIE COURT: That THE WITNESS: wider or anything of this kind? THE COURT: You don't know if she has any particular

THE WITNESS: Nu, bemuse she is not • drinker, so she

TIIE COURT: Well, the alcoholic content indicate. that

water and whiskey or gingerele, would you not?

THIS WITNESS: I had assumed that the color of whatever die had to

type of drink, web 15 scotch and soda or bourbon and Mary Jo and I hardly drink at nil.

favorite drink?

.M if an ounce of whiskey or rum or :scotch in the neigh. THE WITNESS: Yet. them would be

analysis shows and the chemical an•lysts is prisetiertlly bornood of 80 or 90 proof was used in each drink, that ml' drink you would certainly be able to tell if she was have been completely out of order with the may she

believe you mid, down the street with his. C_rimmins- lived_ And If a girl who didn't drink had that much to more jovial than normal, and she was not.

THE WITNESS, Tben I am the wrong person to be

back to the collage, yrs. irrefutable THE COURT: And your tow her the time she left? wouldn't have a favorite drink. at earlier, and if I em wrong please correct me, that it was THE WITNESS: Exactly the time she left. Mary Jo wits not a drinker. Five or six drinks would cottage? to reach on alcoholic content of .09.

When he picked you up did you ever return back to the plately sober. von relatively informal. If you would like to know, your own? asked, because us far as I TIIE COURT: I am only telling you what a chemical Doal ferry? Ilad It been cleaned?

the

/1.1r1

liquor that was them or drink I believe you had said

I really

bar and set up somewhere where you could pour

mean alter

l O

recall the size

S Yes.

don't.

No. 1 don't know.

somewhere

Mr. Coogan picked me up, we drove

There was some liquor. Them was a

lan't what

Y7-5

you the testimony has indicated

any of these bottle*?

was

between five and sic drinks

content

more. your Honor.

I asked you.

concerned.

concerned she was cont.

her hand.

ounce of whiskey,

the

of .09 hundredths

inquest format

and

reference to

our

soda or

friend.

I I

q. q.

Q Before everyone had retired? retired? had everyone Before Q

Q Had it been cleaned? cleaned? been it Had Q

A No. No. A

Q Now, you started to walk to the ferry because there there because ferry the to walk to started you Now, Q

Q In any respect? In other words, you— you— words, other In respect? any In Q

Q Al that time whet wee the condition of the cottage In In cottage the of condition the wee whet time that Al Q

Q Nu. Before you left to go down the road towards the the towards road the down go to left you Before Nu. Q Q AU glasses were weshed and put away? away? put and weshed were glasses AU Q

A Yes. Yes. A

A Nene Lyons hail attempted to clean it very late that that late very it clean to attempted hail Lyons Nene A

Q Q

A Relatively clean. clean. Relatively A

A II II A

Q Well, your conversation with Me. Crimmlm prior to to prior Crimmlm Me. with conversation your Well, Q

A From the minute Mr. Gorgon told to what happened bud bud happened what to told Gorgon Mr. minute the From A

A Seine people had retired, 1 think. think. 1 retired, had people Seine A

Q Mr. Crimmins also, do you know? know? you do also, Crimmins Mr. Q

A I em not sure. She can better answer that question. question. that answer better can She sure. not em I A

A As I said, late in the evening Nance Lyons had cleaned cleaned had Lyons Nance evening the in late said, I As A

A I don't resale know. know. resale don't I A

0 Had you token everything with you that you were going going were you that you with everything token you Had 0 Q Mr. Crimmins did not go? go? not did Crimmins Mr. Q

Q Now, this included Mr. Crimmins? Crimmins? Mr. included this Now, Q

Q And you knew the Senator hod swum the channel? channel? the swum hod Senator the knew you And Q

Q You now left the coitus? coitus? the left now You Q Q Now, he returned to the cottage? cottage? the to returned he Now, Q

Q Ile does not. Did you you Did not. does Ile Q

A We all walked down the road. We got into the car and and car the into got We road. the down walked all We A Q Now, when you came back to the cottage you were told told were you cottage the to back came you when Now, Q

Q I thought you said earlier that Mr. Crimmins was walk- walk- was Crimmins Mr. that earlier said you thought I Q

Q Do you know if any rubbish was thrown away that day? day? that away thrown was rubbish any if know you Do Q

Q And this is sepromniately 9 o'clock, in it? it? in o'clock, 9 sepromniately is this And Q

A Yes, hut not knowing that Mary Jo wee unaccounted for for unaccounted wee Jo Mary that knowing not hut Yes, A

A No, the three of us left, the girls and Mr. LaRosa_ LaRosa_ Mr. and girls the left, us of three the No, A

Q And you knew Dist Mr. Markham had stated that lee lee that stated had Markham Mr. Dist knew you And Q

A Right. Right. A

Q Is that exactly so? I thought you mid also that Mary to to Mary that also mid you thought I so? exactly that Is Q Q Dom ate. Crimmins go with you? you? with go Crimmins ate. Dom Q 930. was It No, A

A That Is right. right. Is That A

A A

Q la this the white rented ear? ear? rented white the this la Q

A No. No. A

A Yes. Yes. A A Yen. Yen. A

A Yea. Yea. A

A Right. Right. A

A Yes Yes A A Right. Right. A

A Yea. Yea. A A Not necessarily. Al that time when we walked out for for out walked we when time that Al necessarily. Not A

A I don't know. I wain% them. them. wain% I know. don't I A A Yee- Yee- A

night. night.

it been cleaned? cleaned? been it

liquor that was not not was that liquor

party •t [hot time, time, [hot •t party

ferry with Mr. Crimmins and the other people In your your In people other the and Crimmins Mr. with ferry

away. We didn't want to wake up to a enemy cottage so so cottage enemy a to up wake to want didn't We away.

And who cleaned it? it? cleaned who And

wasn't a car there? there? car a wasn't it was tetalively dean. dean. tetalively was it

terms of glasses, debris, clothing, anything unusual? unusual? anything clothing, debris, glasses, of terms

Was Was the dishes and the Meaks, and whatever, and had put it it put had and whatever, and Meaks, the and dishes the

cottage? cottage?

leaving leaving

ing down with you? you? with down ing

But the intention wee when you had left prior to being being to prior left had you when wee intention the But

good we didn't know anything had happened. happened. had anything know didn't we good for good, you had no intention of returning to that that to returning of intention no had you good, for

Choppequiddlek (err Edgartown? Edgartown? (err Choppequiddlek

picked up by by up picked

to lake? lake? to

No. No. for in the acme of a tragedy. tragedy. a of acme the in for was awfully tired and something hod happened? happened? hod something and tired awfully was

went back to the cottage. cottage. the to back went we thought she was back in Katama, not unaccounted unaccounted not Katama, in back was she thought we

was missing, ie that right? right? that ie missing, was

what happened, what heel happened, or that Mary Jo Jo Mary that or happened, heel what happened, what

was not amounted for earlier, you said? said? you earlier, for amounted not was

war war

there any extra liquor at the time at the party party the at time the at liquor extra any there

messy from the night before. before. night the from messy

wan wan

-. • • -.

it the intention that you are now leaving leaving now are you that intention the it

Mr. Mr.

load load

Gargen Mut you were now leaving leaving now were you Mut Gargen

leave iii a a iii leave

or consumed? consumed? or

car? car?

- 98 - - 98 -

Q Was there sanction by anyone that he had received received had he that anyone by sanction there Was Q

Q Were you with hint fat any significant period of time time of period significant any fat hint with you Were Q

Q What was Mt. Garnett wearing, the same thing he ware ware he thing same the wearing, Garnett Mt. was What Q

A No. No. A Q During any of the time that you have described, did you you did described, have you that time the of any During Q

A A

Q Were you able to me if he had a long.steeved shirt on, on, shirt long.steeved a had he if me to able you Were Q

A No, I wasn't He was walking out the door when I got got I when door the out walking was He wasn't I No, A

Q Did Mr. Crimmins say anything about returning any of of any returning about anything say Crimmins Mr. Did Q

Q Not before the first hale Pont left or any time? time? any or left Pont hale first the before Not Q

A No. No. A

A I wesn't looking that chase. chase. that looking wesn't I A

A No, Al that point we knew about Mary. Mary. about knew we point that Al No, A A I luom no idea. lie didn't how a business suit on. on. suit business a how didn't lie idea. no luom I A

A The first time that we left to walk down towards the the towards down walk to left we that time first The A

- "I told the girls. girls. the told "I -

Q Wee any thrown away while you were these? these? were you while away thrown any Wee Q

THE WITNESS: I would rather stay hem. hem. stay rather would I WITNESS: THE

MR. TELLER: Yes, my my Yes, TELLER: MR.

sequestered by yourself for the moment in a ranee here? here? ranee a in moment the for yourself by sequestered

TIIE COURT; Just e minute. You are staying at some some at staying are You minute. e Just COURT; TIIE

Title COURT: Would you prefer to go there of be be of there go to prefer you Would COURT: Title

apartment here? here? apartment TIIE WITNESS, Thank you. you. Thank WITNESS, TIIE

THE WITNESS: There is • little contusion there because because there contusion little • is There WITNESS: THE Tyres roam? roam? Tyres

THE WITNESS: A house, yes. yes. house, A WITNESS: THE

THE COURT: All right. I have no further questions. questions. further no have I right. All COURT: THE THE COURT: But you still say that all he said at that that at said he all that say still you But COURT: THE

TIIE COURT: Would you me that she goes into Mn. Mn. into goes she that me you Would COURT: TIIE

THE WITNESS: Nothing else. else. Nothing WITNESS: THE point was Mary lo lo Mary was point THE WITNESS: Yes. Yes. WITNESS: THE

THE COURT: And no mom? mom? no And COURT: THE

THE COURT: Berl you wise there? there? wise you Berl COURT: THE

ment. ment.

THE WITNESS: That is right. right. is That WITNESS: THE

"And you told them all whet had happened? happened? had whet all them told you "And ogle of the accident, accident, the of ogle three of the girls were there at the time. time. the at there were girls the of three "Not everybody everybody "Not TIIE COURT: I want to read you Mr. Gargan's state- state- Gargan's Mr. you read to want I COURT: TIIE

probably be around 9 o'clock. o'clock. 9 around be probably Crimmins Ray LaRosa and the five girls. girls. five the and LaRosa Ray Crimmins TITS WITNESS: Right. Right. WITNESS: TITS

was in the cottage, yes. yes. cottage, the in was

"How did you tell them? them? tell you did "How

observe any injuries that he lerd received? received? lerd he that injuries any observe TIIE COURT: I just want to ask this further question or or question further this ask to want just I COURT: TIIE

"You told everybody there? there? everybody told "You

No. No.

"Well, "Well, missing and rte more? more? rte and missing

"I would my to the hest of my recollection it would would it recollection my of hest the to my would "I '?hat is correct. correct. is '?hat

questions. questions.

"Who was there? there? was "Who

cottage and I sew him later that morning. morning. that later him sew I and cottage "Al the cottage? cottage? the "Al up at 8 o'clock. I didn't talk to him. I just sew trim for for trim sew just I him. to talk didn't I o'clock. 8 at up

injuries anywhere to any manner at that time? time? that at manner any to anywhere injuries

a few suinutee. I saw him for five minutes when he he when minutes five for him saw I suinutee. few a "Question: What time of the morning did you tell any- any- tell you did morning the of time What "Question:

race. Mr. Crimmins hod been staying at the cottage. The The cottage. the at staying been hod Crimmins Mr. race.

MR. FERNANDES: No further questions, yore Honor. Honor. yore questions, further No FERNANDES: MR.

short-sleeved shirt, Bermuda Macke? Macke? Bermuda shirt, short-sleeved

Your Your picked me up in the cat, another ten minutes in the the in minutes ten another cat, the in up me picked

cottage had been left a total wreck. We know that he he that know We wreck. total a left been had cottage breakfast and return to the motel and then to watch the the watch to then and motel the to return and breakfast

anyone or any place? place? any or anyone

that mooring? mooring? that

that night when he came home? home? came he when night that

ferry we thought we were going to Edgurlown to have have to Edgurlown to going were we thought we ferry

was returning. returning. was

the food or Items of drink that wets at the patty to to patty the at wets that drink of Items or food the

testimony is that Mr. Grogan wild Mary Jo was was Jo Mary wild Grogan Mr. that is testimony

its its

the best of my recollection it would be Jack Jack be would it recollection my of best the

was was

there. You mean everybody that that everybody mean You there.

miming? miming?

Mitr:ea excused,) excused,) Mitr:ea

Q Chappaquiddick, and did you proceed from Ketone Ketone from proceed you did and Chappaquiddick, Q

A No, no, no, on Chappequiddick. Chappequiddick. on no, no, No, A

Q Did you remain there a while? while? a there remain you Did Q

Q Did you check in there? there? in check you Did Q

A I think we changed changed we think I A

A Yee, we did. did. we Yee, A

Q And upon snivel at Vineyrod Hawn where did you you did where Hawn Vineyrod at snivel upon And Q

Q Nance Lyons? Lyons? Nance Q

A Yee Yee A

A We wan picked up by Mt Gallen Gallen Mt by up picked wan We A

Q What is her mime? mime? her is What Q

A Nance. Nance. A

Q When you say we, we, say you When Q Q What time did you arrive? arrive? you did time What Q

A My stater and myself. myself. and stater My A

A We took the 10:15, I think, or 10:30 ferry from Woods Woods from ferry 10:30 or think, I 10:15, the took We A

Q You You Q

A Yes, Yes, A

A I arrived on a Friday. Was that the 18th? 18th? the that Was Friday. a on arrived I A

Q And was that the result of en en of result the that was And Q

Q In the State House, Boston? Boston? House, State the In Q

A Yes, I made them with my sister.. sister.. my with them made I Yes, A Q And And Q

Q Directing your attention to July 18th or thereabouts, thereabouts, or 18th July to attention your Directing Q

Q And do you hare en octupatien? octupatien? en hare you do And Q

A Yes, through my sister, yes. yes. sister, my through Yes, A

A Yes, I work for the Committee on Social Welfare in the the in Welfare Social on Committee the for work I Yes, A

Q Will you be seated? May we have your name, please? please? name, your have we May seated? be you Will Q

A Yea. Yea. A

Q The street address? address? street The Q

A 3 Windsor Road. Road. Windsor 3 A

Q And where do you reside? reside? you do where And Q

EXAMINATION BY MR INNIS! INNIS! MR BY EXAMINATION

A Maryellen Lyons. Lyons. Maryellen A

A In Milton, telasaltehusetto. telasaltehusetto. Milton, In A

Present Present

Before; Before;

Shores to the beach on Choppequiddick? Choppequiddick? on beach the to Shores

Katama Shores? Shores? Katama

were going to go for a swim at the beach. beach. the at swim a for go to going were

Emceed to? to? Emceed

At At

were to slay. slay. to were

we went to the Katama Shores from there where we we where there from Shores Katama the to went we

Hole so 1 gums we must have arrived here about quarter quarter about here arrived have must we gums 1 so Hole

of 11:00. 11:00. of

arrive on Martha's Vineyard on the 18th of July? July? of 18th the on Vineyard Martha's on arrive

to Martha', Vineyard? Vineyard? Martha', to

Stele Legislature, Legislature, Stele

1969, did you make turengerecnts with arryone to come come to arryone with turengerecnts make you did 1969,

Thomas Teller, Clerk of Courts Courts of Clerk Teller, Thomas

Harold T. McNeil and Sidney R. Lenten, Lenten, R. Sidney and McNeil T. Harold

Helen S. Tyre, Temporary Cotut Officer Officer Cotut Temporary Tyre, S. Helen

Peter Gay, Assistant District Attorney, Attorney, District Assistant Gay, Peter

Poll Redmond, Eaq. Eaq. Redmond, Poll

Daniel Miley, Sr., Esq. Esq. Sr., Miley, Daniel

Hon. James A. Boyle, Justice of the the of Justice Boyle, A. James Hon. Edmund Dinh, District Attorney for the the for Attorney District Dinh, Edmund

Southern District of Massachusetts, Massachusetts, of District Southern

Edvotown Llietnet Court Court Llietnet Edvotown

Amend Fernandes, Auetstant District Attorney, Attorney, District Auetstant Fernandes, Amend

which beach, do you know? Was this the beach at at beach the this Was know? you do beach, which

On On

Ha a a Ha

Friday, Friday,

result of that erningentent did you, in fact, fact, in you, did erningentent that of result

MARYELLEN LYONS, Sworn Sworn LYONS, MARYELLEN

MARYELLEN LYONS LYONS MARYELLEN

you you

and and

'TESTIMONY 'TESTIMONY

mean your sister? sister? your mean

put on our our on put

OF OF

Official Court Steriugraphem. Steriugraphem. Court Official

inv

Thursday, Jemmy 8, 1970. 1970. 8, Jemmy Thursday,

Edgertown, Massachusetts, Massachusetts, Edgertown,

ittion? ittion?

for the Commonwealth. Commonwealth. the for

AS I I AS

For Maryellen Lyons Lyons Maryellen For

swim Waif, Waif, swim

- -

remember, cud cud remember,

and we we and

- 99 - - 99 -

Q Dld you bane anything to drink? drink? to anything bane you Dld Q

Q Wore there drinks availahle at the time time the at availahle drinks there Wore Q

A I don't remember. remember. don't I A Q Did you get this for yowled or did someone help you you help someone did or yowled for this get you Did Q A Yes. Yes. A

Q The Senator was there? there? was Senator The Q

A Yea. Yea. A

Q The group was there? there? was group The Q

A Yes, I had a Vodka and tonic tonic and Vodka a had I Yes, A

0 When you arrived at the cottage, was there anyone anyone there was cottage, the at arrived you When 0 A Yea. Mr. Crimmins was there. I believe everybody in the the in everybody believe I there. was Crimmins Mr. Yea. A

A Yea. Yea. A

Q And then you went from Katama Shores acmes the the acmes Shores Katama from went you then And Q

Q And that was shout what time? time? what shout was that And Q

A 7:30-8 o'clock. o'clock. 7:30-8 A

Q You left Kahane Shores after the refreshing period that that period refreshing the after Shores Kahane left You Q

0 Where did you proceed to after Katama Shores? Shores? Katama after to proceed you did Where 0

A Yes. Yes. A A We proceeded to Chappaquiddlek Chappaquiddlek to proceeded We A

A Yea. Yea. A

A I don't understand the question. question. the understand don't I A Q When you left Kelm. Shores that evening evening that Shores Kelm. left you When Q A Oh, you know, know, you Oh, A

Q How long did you remain there? there? remain you did long How Q

Q You went hack to Katama Shores in the afternoon upon upon afternoon the in Shores Katama to hack went You Q

Q No alcoholic beverages? beverages? alcoholic No Q

A No. No. A

Q Was there any drinking aboard thy boat? boat? thy aboard drinking any there Was Q

A Yes. Yes. A A No. We brought on hamburgers, cokes, coffee. coffee. cokes, hamburgers, on brought We No. A

Q And where did you go when you left the boat? boat? the left you when go you did where And Q

Q Q

A I think we went bock to Katama Shores. Shores. Katama to bock went we think I A

Q I see. How did you spend the rest of the afternoon? afternoon? the of rest the spend you did How see. I Q

Q Who Who Q

A Subsequent to the noes. I would imagine that that imagine would I noes. the to Subsequent A

A All of the girls and captain, you know, who was driving driving was who know, you captain, and girls the of All A

A No, 1 don't know. t think it was a regular public bort bort public regular a was it think t know. don't 1 No, A

A We spent the rest of the afternoon on • boat watching watching boat • on afternoon the of rest the spent We A

Q In a boat? boat? a In Q Q And when you loft the beach, where did you go? go? you did where beach, the loft you when And Q

A Yes. Yes. A

Q A boat belonging to whom, do you know? know? you do whom, to belonging boat A Q Q Ernest where would you watch the races? races? the watch you would where Ernest Q

A From a boat, boat, a From A

Q Now long did you remain m the beach? beach? the m remain you did long Now Q

A We were going to watch the sailing races races sailing the watch to going were We A

Q Did Senator Kennedy arrive at some time that morning morning that time some at arrive Kennedy Senator Did Q

A About an hour, an hour and a half; I am not too too not am I half; a and hour an hour, an About A

A About I would say probably an hour hour an probably say would I About A

Q Could we have the the have we Could Q

A I think Mies Newburgh was there, Miss 'Tannenbaum, 'Tannenbaum, Miss there, was Newburgh Mies think I A

A Yes, we did. did. we Yes, A

I) And when you arrived at the beach did you know know you did beach the at arrived you when And I)

Q And this was about noontime? noontime? about was this And Q

A Yes. Yes. A

A Yes, we did. did. we Yes, A

A Yes. Yes. A

with It? It? with

- I believe the whole group wee them. them. wee group whole the believe I -

there? there?

ferry over to the cottage? cottage? the to over ferry

you spent there after a few thrum you my? my? you thrum few a after there spent you part of the evening, what time was it? it? was time what evening, the of part

had been out all day, and some of us took naps. naps. took us of some and day, all out been had

leaving the boat? boat? the leaving

1 1

4:30. 4:30.

burgh, Miss Kopechne, my sister and Miss Keough. Keough. Miss and sister my Kopechne, Miss burgh,

terminate? terminate?

the boat. That would be Men Tannehaurn, Miss New- New- Miss Tannehaurn, Men be would That boat. the

the rams. rams. the

that they they that certain. certain.

Miss Kopeeline, Mr. LaRosa, Mr. Tatter, and Mr. Gee- Gee- Mr. and Tatter, Mr. LaRosa, Mr. Kopeeline, Miss

gan drove us, you know, he came with an to tie beach. beach. tie to an with came he know, you us, drove gan

at the beach? beach? the at

there. there.

Did you meet sortie friends? friends? sortie meet you Did

I:30.2 I:30.2

anyone there? there? anyone

see. Whet time in the afternoon did thin boat ride ride boat thin did afternoon the in time Whet see.

WAS on the the on WAS

o'clock. o'clock.

laic laic

out for rentals, for chillers. chillers. for rentals, for out

a a

boat with gnu in your party? party? your in gnu with boat

couple of boom, We took a Mower, Mower, a took We boom, of couple

!lamas of the the of !lamas

parties you met these? these? met you parties

at at

the cottage? cottage? the

after we were were we after

or or

that early early that

was was

amend amend

about about es—

Q Was there a bartender? A Walking. attention DIM Mary Jo had left the collage? stuck In the amid and another one up and was that now A No, but them were different people, you know, going Q With whom? A Well, yea. after a while I knew that oho sauna there. stuck in the solid, too. up and hark end forth, A With whom? Q At approximately whet lime did you kurn that, that Q Wen there any convemation as to why these automobiles 12 An Informal bar on a table? Q Yea Mary Jo wan out in the cottage? Were in the sand? A Yes. A Let me ma. Al one point I look a walk with Mist A I would say about 11:15 or 11:20. A No, we didn't know thin they were in the send. Tim Q And were there various Mode of Liquor on the table? Tannenbaum end Mr. LaRosa. Q WnhLtIn. ,.{1,..towt did you learn; how did that cone to your ems were gone and we were nut saying, you know, A I don't molly know, Yee. there were different kinds. Q Did you down the roadway? where is everybody? The rely thing we could think of Q Did they have a bucket of lee? A The roadway diteetty in front of the cottage, yea. A thaw did It come to my attention? wee that a cat was stuck in the sated and Mr. GnrEan and A I was look for gin myself. Q Do you recoil whet direction you rook with =Veda to Q Yea, Mr. Marahern lord hiker, the other car to get the -first cm Q Did they have it bucket of ice? the ferry; did you know which direction? A They weren't there. out of the sand. We didn't know taint they were stuck in A Yes. A No, I gel confused us ter where the ferry wan from the Q Did you - was Mete any diSenZiOn about her not timing the sand, and I ,mourned they weren't, but this wee what Q Were there any bar d'ouvreu served? In the cottage, Mary Jo? we were speculating about at that time. A No, I don't think Q You went out the front door? A Not molly that I - there was discuseion that they were Q How long had you planned on staying in Chap- Q There wens no hos d'ouvres served during that party? A Yea. gone. pequiddick? A Wen, we had dinner. Q Which way did you turn? Q Well, whetwhemIcliscoasiona' — did you heat shout their having A Through Sunday. been gone? Q You had food later? A To the left. Q Al the ltouse7 rand at A Right. Q To the kft. Did you see any automobiles in the A Wen, not - I mean, no one brought it directly to my A At - Q Steak's? that time? attention with tempera! to Mary Jo in gone, the Senile, us Q Chappequiddlek, on the island? gone; A Yia. A Not at Diet time, no, err. it MN after a while, they weren't there. A No, we weren't cloying at the house, we were staying Q Berbeque? Q Os while you were walking, taking your walk, did any QA Angel you noticed that they were eel there? Q At Katmai A Yes. nutornobilea slow down near you? A Kisumu, Shona., Q Rut you do not nuati any hot d'ouvres being served? A Not on that particular walk. Q At shout 11:20. you any? Q Did you plan to ally overnight in Chappaquiddiek at the A You mean erecters and cheese? Q Did you take mum than one walk? A Yea. troune? Q Something of that nature. A Yea, I did. Q Now, did you one Mr. Markham or Mr. Mogan leave at A Neal did not. A I don't remember that. Q You did? any lime? Q Did you in fact stay overnight? Q Do you remember the quantity of the liquor Chat was A Yes. A 1 would ray after the Sambre and Mine Kopechne were A Yes, we did; yes, I did, on the table that was being used as the bar? Q Now, directing your attention to the second walk, a. gone, sometime after that, Mr. TarRoan came into the Q Whet was the reason for that? A No, I don't. you were going along the roadway, is that correct? Cottage where I was at that lime and mated for Mr, A Well, we hod planned to go back to Katatna Shores for 12 The number of booths? A Yes. Markham and Ma. Colman loaf asked him to come Oat- the evening, she the ferry and if we couldn't get the A No, I don't. Q Did you go on the roadway? aide and after that I didn't me thorn again. I mean, ferry, we were thinking maybe we could get another Q Dow much gin was on that table? A Yea. didn't, yon know, they were gone. heat. Whet had happened was there were no can at the A. There wasn't any. That is why f only had one Vodka Did en automobile slow down? fore or 12:1 a, the time you raw cottage. Mr. Merl:hem and Mr, Gaigan had telt nubs, Q tine and tonic. A Yes, it did, A oh, wan hnfwrnt ont the roadway t hat slowed down7 quent to the Senator, end there sumo no can them; ala yes, it Q il/an there any Vodka? Q Did you have any conversation with the driver? We were JoelWit of free floating, l guess is the word, A Yes. A I did not, no. Q Before that? and - Q Were there several bottles of Vodka? (1 You did not. Did your lister have any - strike that - A I hadn't gone for any walk at that point. I [mina been Q WeU, isn't it a fact that Mr. Markham and Mr. Orman out of the cottage. A I don't know, dal anyone else leave conversation with the &War. Annie returned In the cottage sometime later? Q Well, how did you obtain your drink of Vodka? conVenitilitan? 12 But I believe you said earlier that Mr. Grogan and Mi. A Yes, but at that point these the ferry wasn't eyelid:tie A 1 can't remember. If 1, you know, went over and god It A Nat a real conversation, a remark wee made. Markham left before you took your second walk? and there were no hoer. recallable either. So, we were myself or if somebody was there. It was extremely Q A remark was 'wide? A Before 1 took the first one. not able to leave. informal. A Yes. Q O1r, before you took the first one? Q On you know whet tame Mr. Gurgarr and Mr. Markham Q Dow many_ did you have that evening, If you recall? Q Will you tell the Court what happened Involving [het A Yes. They had been, Mr. Markham and Mr. Gargan were returned eater you speculated about their being Hanna? A feet that Vodka and tonic. automobile? gone and Olen we were sitting mound moving In and nut A would any it was approximately 2:15, 2:10, in that Q Jum that one drink? A We were walking - this was coining our of the cottage of the Siouan and then started to take n walk. A Yee. - to the right and a car poised end joy slowed down en it Q Did Mr. LaRosa tell you that Senator Kennedy bed Q And you .pent the rest of the night at the Chatmaquld- Q Now, can you describe to the Court what [remedied approached us and mired tf we needed any help and we rettuned and naked for Mr. Garcon or Mr. Markham? dick cattalo? during the time you were them Dom meeting at g o'clock slarumed that it wan Mr. Gamin or Mr. Markham who A Yea, he did. A Yes, we did. on the house on ChappaquIddick1 had prior to thin time left the cottage. We thought they Mr. LaRosa told you that? Q Was there any efforts made to go to the ferry and get A Well, we lied dinner. We had sleeks and potatoes and were coming heck, and I believe That my sister mode, A Yes. across, back to Martha's Vineyard? vegetahl., but I can't remember what time, you know. you know, a comment, move along, or something to Q Po you remember the approximate lime? A Well, I believe Mr. Markham and Mr. Gentian said that it wee when we me, but we ate, at around for a while. that effect, and then we discovered that it wen not Mr. A Ile told me that,. I believe, on the second walk that I they were looking for a boat and there weren't any It wan extremely informal. People were Wham Model Meekham OT Mr. Gargen; it was tromeone that we didn't took. available and there wag no ferry. and we had a little music. Some of us were dancing, know. Q Did he demiihe the Senator in any way? Q Yost any that they were looking for • boat? going beck and forth outaide, Q Do you recall the appoaximate time that thin event took A No, an I remember it he said he didn't nee him. A To take tot back. Q Ex cane me. Was any provision made for the Meek a1 the place? Q illiag t..dildiointe7 say, Ma LaRosa, to you about that partiell- Q Did they tell you exactly what they did In regards to Moue? Did anyone bring any in.trurnent or:anything? A 1, well, it was 12:15 - well, it wee lifter 12:00, as looking for u. bolt? A Somebody had a emelt, I think, cassette. remember It. A He gist mid that the Season had - that lie wan sitting A Well, they mid that they hid been down at the Q A tape cassette Q It was after 12:00 o'clock, but It could be 12:30, would out front end the Senator had come bock and naked for Q Fear/ lending? Mr. Markham and Mr. Galion, That is A It is tile a cartridge you put in. you know that? A Ferry landing. Q Yes, and where did the dancing take place, in the Living A Not that l - you know, not that I know exactly. Q Was them any tat about Mary Jo at that tittle? Q And whet else did they say? room? Q You have no specific memory of the lime? A No, we were speculating whether a CM had been caught A They said that they had been down at the ferry landing A Yea. A Not tautly, no. in the sand or how do you pot that, and we - and that they hid born in the ware, swimming around, Q And during all this time were other persona towing Q Would you may It was after 12,00, after midnight? Q You Were epee:olefins with whom about the nod and Diet the Senator had dove in the water because them anything to drink? A Ye.. the car? was no boat available for hirn and he wanted to get A Oh, yes. Q Now, was Mr. Markham or Mr. Daman In the cottage et A Mr. Lilt...0 end Gibers. beck to the other side end that he dove into the water I see, Now, it aortae time during then reenter was there tisk time? Q Who were the others? and flint they drive In after him. any group singing or were there any long. being sung? A No, they were not. They had left. A Talking about how it happened Whim the can got snick Q And what else did they tell you? A Yes. (3 They had left? in the nand. A That - Q And did an - how many pertIcipated in the singing? A Yes. Q Can rod stuck in the sand before that Wee night? Q Now, when they told you this, were there other. pres- A Everyone. I would iningine, off and on. it wasn't al Q Wan the Senator in the cottage? A Oh. 710, net that night. ent? or/mooed ginging. People were A No, he wan not. Q Well, what then? Will you tell the Court what about Ode A Let1/2 we. I think Mr. LaRom was gill up it that time But there wm n chorus. Thom who were pettleipating at Q Was Miry Jo KOpaChne in the enttaan7 Incident, your experience with being mock In the mad and I can't, you know, I only know thet f heard nut. the party did loin in in the singing as a group? A No, atm was not. with en outomoblle? don't know who wen awake. A Yes. Did you see Mary Jo Kopsetnie leave the cottage? A It wawa! my experience, Mr. Dints. We were speculating Q Well, warn Mare other. present with you or wan it a Q Did you have soy complaints from the neighbors? A No, I did not, whether or not a car had 'tine muck in the sand and private convert:abort with you? A No, not to my knowledge. Q You dhl not. Did you are Senator Kennelly leaving, they were mylng thin smother year when they had been A No, it was a general; it was in the main room of the Q Not to your knowledge. Did you Mere the house at any A No. People in and unit all night. I mean, people were there a can was stuck its Cu sand and !hay came back voltage. time during these festivities? going Into the cottage and out of the cottege. 1 didn't and called for another cat and by the lime It ended Q Tho main room? A Yea, I did, know et any particular time that anybody Was leaving. them were three cam stuck in the sand. So that t. A Yea. Q And where did you go? Q Well, it lame time in the evening wan it brought to your ementielly what we were speculating about. Another Car I) They told everyone how the Setuttat doen into the

- 100 - 101 - Q Well, you knew that at 2:00 o'clock in the morning that

Q And that he had jumped into the water and swain across A I don't know if everybody was listening. I only know

A Yes, I did.

Q Weil, what about his back?

A Yes, they did - no, lie dove in and they were with him

Q Did they tell you more? Did you ask them any ques-

A Well, he has a bed back. I amume that when he dove

Q Yes.

A Did I ask them any more questions?

Q That they had been looking Inc hunk they raid that?

A We, you know, when they arrived, we naked them, you

Q Now, who said that Mize Kopechne was back at Kaluma

A That was one of the things they said, and thei sorne•

A I believe it was Mr. Germ.

Q Mr. Grogan told you HIM Mary Jo was back at Kantoa.

Q That she lied made the

A I assumed that - I can't remember that whether lie said

Q Wasn't there any one correct/lotion about !het behavior?

A No, 1 didn't.

A No.

A Well, no one was concerned really about Anything. When

A Well, Mary Jo had taken the car on the last ferry.

Q Told you that Mary Jo had taken the Senator's car and

A Yen, as I remember, it

▪

A Not really.

Q When did you -

A Not at the lime? nu, I didn't.

A As I say. It woe a very confused thing. It

Q What kind of swimming, did they elaborate end tell you

Q The persona who remained, the members of the party

A No, not any more than what I have already said, I don't

A No. I think there were two beds in one room end two

channel?

,Shores and that the Senator was back In Edgartovrn.

that -

the Senator had gone back to Eriprtown't

the channel and they also told you that they jumped in

In after hint.

his back, you know, they sort of instinctively just dove

and save him dive in and I believe they said becsum of

Into the water to swim, that they were concerned.

with him?

back and swimming back to lidgarlown7

tions about this particular episode of the Senator going

know, where they had been; what had happened. Oh, it

for Inuits. It

was just, oh, don't even ask us, we have been looking

body else said that Me Kopechne was back at Konen

it, that she made the last ferry. Shores?

Did he say how she got them?

Senator decided to dive in or twice across the channel?

Did anyone ask that at all?

size of it. II wan confusing

sand, and where have you been, and that was about the

they got back, we thought they had been ouch to the

Did anyone ask where the Senator's., was?

Mary Jo had taken the car on the last ferry, and who

across the channel, f don't want to be repetitive. Now,

about these particular events? gone hack to Kamm/ and that the Senator had swam told you Ont. was It Mr. Gni.?

Did you find them unusual?

somebody came in and came back and everybody was what else happened? Was there any further questions

on?

stuck in the sand and then they came back. We just said, you know, where have you been? What is going

the people had gone to bed. We were sitting there waiting and there

waiting, as I said, spa:Mamie again about the can tieing not in any chronological order. It thing was fine and they had been swimming

and that

more about the swimming they did?

think.

beds in another room mid I think there

for everyone?

who remained at the collage, were there sufficient beds

What is happening? What

and

was

so forth and at just seemed -

confused.

was a

cow

story, II was, as l say, some of

Mr. Gargan.

ferry. Did you ask why the

the eery? And it was

war just

was

.10.1

that every-

some type

and

that

this

-102-

Q Did yuu have u bed?

Q Did all of the girls have beds?

Q But they did have beds?

Q Whet time did you retire that morning? A Yes, I did.

A Well, we were doubled up.

A I know my sister end I were in one bed in one room.

Q What time did you get up In the morning? A I would ray it was shortly after they came hock around Q And did

Q When you got up, some had already left the cottage? A Yea.

A Oh, about 8 o'clock I believe.

A No. When I was up, some had already left the cottage.

A Yes.

A I don't remember having seen her, but 1 am sure she had

Q What did he !eve to drink?

A Yes.

A I don't know.

Q Did you see him drinking of anything?

Q You don't remember that. Ilow long did you ace the

A Yes, 1 taw him with a elan.

A Not that I remember,

A I can't really - I wasn't watching the Senator every, you

Q When you first greeted the Senator that everting

Q Did you have any conversation with Mary Jo that eve.

• Q What did you talk about?

A 1 had conversation with Mary Jo that evening.

() You have no recollection as to the converselloa that

A_ That 1 den't remember, air.

A Whut did we talk about?

A I, you know, I Just don't mmember. We had converse-

Q Did you talk to her more than once at the house in

() Do you remember talking to Mary Jo?

Q Well, at the party at Chappaquiddick at the cottage -

Q —did you talk to Mary Jo at all? A YOU 1110/01

A I &net understand. Q You have no memory of tint?

Q Do you knee illy recollection A I talked to everybody.

Q Do you have any memory about the condition of

A Yes.

A Not with respect to any specific conversation.

A No. O

A No.

A With respect to her condition?

A Well, she seemed, you know, very avenge at the time to

of, I don't know if it even rolled out, a couch In the

morn room. !think it did come apart.

2:30 - quarter of 3:00. In other winds, after they

back I went debt to bed.

And did you sleep all night?

Now, before Mary Jo left at around I I IS, did you one

Mary Jo have a drink of some kind or a cocktail? How about the Senator, did ha have anything to drink?

one.

Wan

know - ae I raid, we arrived at the cottage. It was to be really wasn't watching anybody else or how much or Senator have a glass in his hand?

everybody had a drink. There ought have been people o cookout and there were drinks evailabie

who didn't here

antral did he have a gins in his hand?

what they had, or when they had it. I don't know what

nine before she left?

the Senator had to drink,

social conversation that you hove at any gathering.

Chappaquiddick on Friday night? Yes. tions all, you know, weekend. I don't remember anything that would be 'penile. Just the usual type of you had with Mary Jo at the cottage at Chappaquiddick

that evening In question?

planed about haw the felt?

Jo with regent to sobriety or thinking?

Yes, 111 the party,

there a particular color to the glass?

Shc wasn't really • drinker. She was a moderate

everyone

specific connotation that I had?

gel up al the tame lime?

drink. As I 10,1 know whet 1 had. I

to whether she Corn-

and

I assumed

C41111a

Mary

hie

A No, I did not, air.

Q And did you make any notation about the Senator 'a

Q You made none at all?

Q Did you hove soy specific time in mind about leaving

A Well, I know Mies Kopechne better as far

Q Who talked about getting a boat?

A Well, we had talked chant Q Do you remember the exact time or the approximate

Q Wan it before your second walk? A Well, alt of us at one time or other, I think. Mr.

Q before the first walk?

Q Thal Mr. Markham and Mr. Golan left? A I really don't. I didn't, you know — Q Do you know how much time elapsed between the time A It was before my first walk.

A Yes.

Q And were you concerned about getting back to Edger-

A Yea.

A I just have a feeling that it was 45 minutes - an hour,

Q flow was that deciaion arrived at? How did you learn A Well, an I said originally, we talked about ways of

A As I mid. fur r good part of the evening there were no

ta Was there any objection toned?

Q Did Mr. Markham give you a reason why the Senator

A There was no reason for objecting became there was 110

A No, only that he wanted to get back to Edgartown and Q Was there

A Not to ma. There wee.. 1 ray, sort of Mary Jo is hack

drinker, I would say. I didn't notice any difference, you

know, from the norm.

habits. Crimmins, we tallied to him. behavior with regard to drinking?

lama?

later Mr. Markloun and

house?

could get them to keep it open for another half hour if the house in Chappaquiddick Island to go back to Ka-

that it was at 12:00 and we even thought maybe we

we no deeimd or if not maybe we could get a boat, concerned and again talked about maybe we can get time which Mr. Gargan and Mr. Markham left the but I can't be definite because I know I didn't cheek

any clutch or watch.

that Senator Kennedy and Mary Jo had left and then

getting back and then when troth can were gone we gut

can at the cottage, and when Ms. Markham end Mr.

knew that we weren't going to get boat. But then, as I say, after 2:30 or 3 o'clock we

Gargan C11100 town at all? provisions we could and go back in the morning.

Thal you weren't getting back? of getting back, so that me should just make what

that there are no boat, and there really wasn't any way

Garen

couldn't gel a bon, there was nobody around, and oil of

THE COURT: You knew they left together? going to swim to the other side.

I didn't ask, "Why did the Senator do the"

Edgarlown, to Kerma. Was there any discussion then

Mary Jo lakes the car and the Senator swims? at Katema Shores. We can't get a boat. It took, like we "We went down looking for a boat and he was with in Mary lo had taken the car across to Edgartown? THE COURT. Didn't you say to them, Well, haw come are going to have to stay them.

THE WITNESS: I just assumed that- Kat•ina, or to Edeartown at least? and then he swam to the other side."

found it necemary to swim the channel hark to Edger- why the Senator didn't go back with Mary In to way we could — town?

there were 110 boats. The way the thing was brought up

THE WITNESS: Yes. was looking for boate and petting bock and the ferry "Where is the Senatoe?" was closed and it wire the that type of thing and they

sudden

told you that Mary Jo look the car hack to

the Senator dove In the water

any

back there was no car and they told us

information given to you as to when

Mr.

Grogan left the house?

the

lost ferry and the fact

back

her drinking

and

he was

Mr.

- 103 -

111F. COURT: I

THE COURT: Didn't you hove some thoughts in your

THE WITNESS; As I say, I really-

THE WITNESS: Yes.

THE WITNESS: No, I didn't know where they were

mind that this was most peculiar!

THE WITNESS: Not really. As I say, it didn't come out 'HIE COURT, Then you teamed (hut the Senator

THE COURT: You knew they left together in a car?

going. Nobody had said northing to me when they left. in the cottage? swim because there were no boats, that the THE COURT: And then you presumed to Edganown?

in which he had left with Miley Jo, had traveled across quite that way. THE WITNESS: Well, I just assumed that for some

THE COURT: Nothing struck you as unusual about

TILE WITNESS: No, not really, your Honor. Won you aware that Mary Jo had left her pocketbook

The next day I was, yes.

Witco did you teem that Mary lo had died or was dead?

that ferry with Mary

tenon he decided he didn't

Did yuu find it unmoral. that?

What time?

people were gone and we walled around and we aaid, Mr. Garvin came along and told us to get In hove been walking for about five or ten minutes when

The next meriting. the other.

Then we started asking, you know "What do you mean, Well, that again come through a small proven, too, or Mr. Gargan would conic hack and get us with a car, Will you describe the process to the Court? When I got up in the morning, as I said, some of the

"There has been an accident and Mary Jo is missing."

well we thought Mary Jo would come back and get us the direction of the ferry. You know, we were

We went back Into the collage and I believe he mid, walk to the ferry and go over ourselves, and we may

And that is About all he told you at that time? and I would say about 9:30 we proceeded to walk in

I think it was after 10 o'clock. When Mr. Gargan was asked shout what happened, what He just said that he didn't know. He just said that there I think pretty soon after we got back to Kalema Shores. 1 beheve It was

and I don't think we madly found caul until we were Ratana the night before? hack to the cottage.

Mary

did he say? o'clock

Ho didn't know the answer. He said he didn't know? Mr. Gargan said he didn't

And did you later talk with Mr. Garet. about 10 back at Kalama Shams. I think this was on When did you leant that Mary Jo bad died? Didn't you question him about his earlier story that was an accident and abe was missing. Now, when did you actually that he hod something to tell us and he would take us somebody, 1 didn't toke the call. I think it was the asked, you know, what had happened, you know, "Why And who told you? know, Who brought you that mforniation?

Well, when we got back to Kat1111111 and we went to

Mary Jo's room to see if she was there, we did ask. We what happened, what is the story," and he didn't know, What was the sower?

weren't we told; was the Coast Guard called," all of

dead?

it unlit we learned the. the akin-diver had been down.

these questions.

Yea.

As fax Da knowing, I don't think 1 really knew It or felt

don't remember being, you know, feeling one way

Jo had taken the automobile end gone back to

that

Katama7

correct'!

Mr.

RAM

Gingen.

the

lo?

you what you thought.

phone from either Mr. Gorgon or

.01111.

learn

to.

that Mary Jo

CRT, tall car

going to

the

had to

,etteawriowsewevel

ear,

Wall

"Arg

Q Did you look for the automobile? Did you look for for look you Did automobile? the for look you Did Q

Q And Mt Gargen did not tell you anything at Katama Katama at anything you tell not did Gargen Mt And Q

Q They were left after you deputed? deputed? you after left were They Q

() And you were sitting them with Mr. LaRreart LaRreart Mr. with them sitting were you And ()

Q What time did you leave? leave? you did time What Q Q When you left the cottage, did you do any cleaning up? up? cleaning any do you did cottage, the left you When Q

Q Who took you to the boat, do you recall? recall? you do boat, the to you took Who Q

Q In Mary lo's room for Mary Jo? Jo? Mary for room lo's Mary In Q

Q Now, when did you leave the Oland? Did you leave the the leave you Did Oland? the leave you did when Now, Q

Q Did anybody du any cleaning up of the cottage before before cottage the of up cleaning any du anybody Did Q

Q 11 is • small collage, WO it? it? WO collage, small • is 11 Q

Q All five? five? All Q Q Wes there any conversation on the boat about what what about boat the on conversation any there Wes Q

Q When Mr. Gargan came came Gargan Mr. When Q

Q Didn't you talk about it at all? all? at it about talk you Didn't Q

Q You. You. Q Q When Mr. Gargan told told Gargan Mr. When Q A No, we did not. not. did we No, A

A He dim t come back with to to Katema Shores origin- origin- Shores Katema to to with back come t dim He A Q On the steamship? steamship? the On Q

A Well, we didn't know whet had happened. 'tins win the the win 'tins happened. had whet know didn't we Well, A

Q Now, did you see any members of the party again, the the again, party the of members any see you did Now, Q A This This A Q Where did Ma_ Gorgon MU you this, whit port of flw flw of port whit this, you MU Gorgon Ma_ did Where Q

A Yes, we did, did, we Yes, A

Q Didn't Mr. Guinn at Katama Shares after you arrived arrived you after Shares Katama at Guinn Mr. Didn't Q A To Woods Hole. Hole. Woods To A

Q That afternoon. afternoon. That Q

A I don't recall that either, no. no. either, that recall don't I A

A Not before I loft. As I my, we got light back M the ear. ear. the M back light got we my, I As loft. I before Not A

A Yea. Yea. A

A Oh, have the Wand? Wand? the have Oh, A

A Yea. Yea. A

A Yes. Yes. A

A We were all present at the cottage. As f mid, some of of some mid, f As cottage. the at present all were We A

A We were just stunned. 1 don't remember any conversa- conversa- any remember don't 1 stunned. just were We A

A Yes. Yes. A A Yee, it is. is. it Yee, A

A No. No. A

A I really don't know if it was 9 o'clock or— or— o'clock 9 was it if know don't really I A

A No, we jun looked for— for— looked jun we No, A

A Do you mean that morning? morning? that mean you Do A A Yes, we did. did. we Yes, A

until Mal prior to the Senator's address on television television on address Senator's the to prior Mal until island that day? day? that island

shores about how Mary Jo died? died? Jo Mary how about shores

cottage. cottage.

one, and look a cab from the other side back to Katama Katama to back side other the from cab a look and one,

Father Newburgh present at the cottage at 2 o'clock? o'clock? 2 at cottage the at present Newburgh Father cause there was no no was there cause Senator Kennedy's car? car? Kennedy's Senator

you left? left? you

1 think Mr. Crimmins and Mr. LaRosa were left at the the at left were LaRosa Mr. and Crimmins Mr. think 1

collage. collage.

collage and appeared very normal. Nothing was wrong. wrong. was Nothing normal. very appeared and collage

Katama? Katama?

loge thee? thee? loge

can can

ally. He drove us to the ferry and we took the ferry ferry the took we and ferry the to us drove He ally. house? house? next day. day. next

party you were with. the girls, did the girls all leave leave all girls the did girls, the with. were you party Mr. Grogan and Mr. Markham had been at the scene scene the at been had Markham Mr. and Grogan Mr.

and tell you what happened? happened? what you tell and

know anything had happened. We didn't know until the the until know didn't We happened. had anything know

happened? happened? Shores and we were them, you know, by ourselves_ ourselves_ by know, you them, were we and Shores

and went into into went and

addiess of my kind. It It kind. my of addiess You know, we didn't, we weren't asking anything be- be- anything asking weren't we didn't, we know, You

phone. phone.

[het Mary Jo had taken the cue back to Katama wag wag Katama to back cue the taken had Jo Mary [het

big thing and at that time I felt -- I didn't know that that know didn't I -- felt I time that at and thing big

back— back—

wafting, figutirtg Om can had been thick. if they crone crone they if thick. been had can Om figutirtg wafting, tion. tion.

because because

whether Miss Newburgh was. As 1 aay, it wasn't en en wasn't it aay, 1 As was. Newburgh Miss whether

was was Mr. LaRosa. I don't know, I don't renumber renumber don't I know, don't I LaRosa. Mr. was was

the people had already gone to [Ike's, but the only one 1 1 one only the but [Ike's, to gone already had people the

remember being up up being remember

was In In was

Mr. Mr.

!:vMM

Markham and Mr. Gorgon came back to to back came Gorgon Mr. and Markham

the living loam, the main part of the the of part main the loam, living the

Mary Jo's Jo's Mary

reason reason

you you

M`IIINIM

was s s was

el el

in in

room, didn't he take you aside aside you take he didn't room,

abort Mary in going back to to back going in Mary abort

being In the vicinity where I I where vicinity the In being

that morning and told you you told and morning that

to ask anything. We didn't didn't We anything. ask to

people elm were sleeping, sleeping, were elm people

NERIXIMIMMIXOMMISMIP

the the

- -

100 - - 100

Before: Before: Present: Present:

() What did he say to you; What exactly did he. say to to say he. did exactly What you; to say he did What ()

Q Who told you that? that? you told Who Q

Q Did you ever murk to Senator Kennedy about the the about Kennedy Senator to murk ever you Did Q

- a separate room? room? separate a -

Q That evening or morning? morning? or evening That Q

Q But el some time he told you that? that? you told he time some el But Q

Q Now, you say just prior to the Senator's TV address address TV Senator's the to prior just say you Now, Q

Q Q A No, I did not, not, did I No, A

A We were on the Cape at our summer house and Ito taint taint Ito and house summer our at Cape the on were We A

A Yes. Yes. A

A I don't know, Ae I my, I don't remember whether he he whether remember don't I my, I Ae know, don't I A

A Yea. Yea. A

A Mr. Hackett, David Hackett who worked with us in the the in us with worked who Hackett David Hackett, Mr. A

EXAMINATION BY MR FERNANDF5, FERNANDF5, MR BY EXAMINATION

Thomas Teller, Clerk of Courts Courts of Clerk Teller, Thomas

Peter Gay, Asnatant District Attorney, Attorney, District Asnatant Gay, Peter

Harold T. McNeil and Sidney R. Lipman, Lipman, R. Sidney and McNeil T. Harold

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen him? him?

Hon. James A. Boyle, Justice of the the of Justice Boyle, A. James Hon.

Edmund Dials, District Attorney for the the for Attorney District Dials, Edmund have Trooper Lucas tight outside, do you want to gel gel to want you do outside, tight Lucas Trooper have

know if It was there. It was Mal that they were some- were they that Mal was It there. was It if know

THE COURT: I will excuse you gentlemen until 11:15. 11:15. until gentlemen you excuse will I COURT: THE

campalgo. tie ran the boiler room as they call it. it. call they as room boiler the ran tie campalgo.

TIIE COURT: All right, right, All COURT: TIIE

MR. DIMS: No further questione, questione, further No DIMS: MR.

MR. FERNANDES: Is the witness going to be taken to to taken be to going witness the Is FERNANDES: MR.

story that it had happened to them before. I assume assume I before. them to happened had it that story

lawn. It was, I don't know when it it when know don't I was, It lawn. over I think before the address address the before think I over

MR. DINES: Yea, sir. sir. Yea, DINES: MR. Southern Muriel of Massachusetts, Massachusetts, of Muriel Southern Edgartown District Court Court District Edgartown inform us of what it was going to be anti he just just he anti be to going was it what of us inform

maybe the car got duck in the rand because a year year a because rand the in duck got car the maybe said Met at that time, you know, or there was convent, convent, was there or know, you time, that at Met said

Nam. for for Nam. THE WITNESS: Thank you. you. Thank WITNESS: THE

before that the name situation had developed with some some with developed had situation name the that before of a funny story when they were over there. I don't don't I there. over were they when story funny a of

Armand Fernandes, Assistant District Attorney, Attorney, District Assistant Fernandes, Armand

year before. We were - someone was past relating the the relating past was someone - were We before. year

lion hack and forth. forth. and hack lion

other peuiple? peuiple? other

TIlE COURT: All right. right. All COURT: TIlE MR. HMIS: That is ell. ell. is That HMIS: MR.

TUE COURT: Yes, they are. Why don't you, if you you if you, don't Why are. they Yes, COURT: TUE you said that In connection with P. second car leaving leaving car second P. with connection In that said you THE WITNESS: I don't 1. alarm, your Honor, it it was the the was it it Honor, your alarm, 1. don't I WITNESS: THE

you, Mr. Hackett? Hackett? Mr. you,

THE COURT: Just lane thing. Earlier in the testimony testimony the in Earlier thing. lane Just COURT: THE

acddent? acddent?

that it was at another time that they were at Edgar- at were they that time another at was it that

that you learned that Markham - Mr. Markham and Mr. Mr. and Markham Mr. - Markham that learned you that

full name? name? full went to get — — get to went you you

where at the beach and a car got stuck and unnebody unnebody and stuck got car a and beach the at where

thought we might like to know. know. to like might we thought

gan gan

had had

were, were,

no unusual feelitiyA, became you thought thought you became feelitiyA, unusual no

the record of the Court, give the Coma your your Coma the give Court, the of record the

ROBERT P. LUCAS, Sworn Sworn LUCAS, P. ROBERT

had been at the scene; that is, the Dike Dike the is, that scene; the at been had

ROBERT P. LUCAS LUCAS P. ROBERT

TESTIMONY TESTIMONY

Oil Oil

Official Court Stenographers. Stenographers. Court Official

Thursday, Lowery 11, 1970. 1970. 11, Lowery Thursday,

Edgartown, Massachusetts Massachusetts Edgartown,

for the Commonwealth. Commonwealth. the for

was was

was. was.

going to b. can to to can b. to going

IMM

It was juat sort sort juat was It

44611

'siL--

Q Could you tell us where you received it and what It It what and it received you where us tell you Could Q Q And what did you do with that blood? blood? that with do you did what And Q

Q Now, I I Now, Q

A A

Q And your whitest( for the record, Lieutenant Killen? Killen? Lieutenant record, the for whitest( your And Q

A WS, I did. did. I WS, A -

Q And And Q

Q Giv Q EXAMINATION BY MR, FERNANDES: FERNANDES: MR, BY EXAMINATION

Present: Present:

A George E. Killen. Killen. E. George A

A I dm dm I A

Before: Before:

Q Did anyone have access to where it was contained - - contained was it where to access have anyone Did Q

- - A Nobody. Nobody. A

A The following morning, Sunday morning, following The A

Q And what did you Jo with that? that? with Jo you did what And Q

Q Of what was Even to you. and what did you do with it it with do you did what and you. to Even was what Of Q

Q l refreah your recollection, was it Ike 19th? 19th? Ike it was recollection, your refreah l Q

0 Could you tell us approsimotely when that was? was? that when approsimotely us tell you Could 0

Q In your capacity did you receive sometime from one one from sometime receive you did capacity your In Q

A We brought it to the lorrecks and secured it in the gun gun the in it secured and lorrecks the to it brought We A

A Yea, the 19th„ It It 19th„ the Yea, A

Q Were you ao occupied throughout 1969? 1969? throughout occupied ao you Were Q

A Yes, I won, won, I Yes, A A II II A

Q Your occupation? occupation? Your Q

A Yes. Yes. A

Q And your legal eddress? eddress? legal your And Q

A Newton Avenue, Oak Bluff,. Bluff,. Oak Avenue, Newton A

A Robert P. Lucas, L-u-c-as. L-u-c-as. Lucas, P. Robert A

A Slate Police Officer. Officer. Police Slate A

I received a large brown manilio envelope which con- con- which envelope manilio brown large a received I

Sunday, July the 201h. 201h. the July Sunday,

tained a vial of blond. 1 received it at Wood. Hole on on Hole Wood. at it received 1 blond. of vial a tained

Elarciltf Avenue, Chatham. Chatham. Avenue, Elarciltf

was? was?

from Trooper Charnt of the Stale Police? Police? Stale the of Charnt Trooper from Killen. DIJ DIJ Killen.

e e

Harold T. McNeil and Sidney R. Lipman, Lipman, R. Sidney and McNeil T. Harold

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen

Thomas Teller, Clerk of Courts Courts of Clerk Teller, Thomas

Peter Gay, Assistmt District Attorney, Attorney, District Assistmt Gay, Peter

Southern District of Massachusetts, Massachusetts, of District Southern

Edmund Dints, District Attorney for the the for Attorney District Dints, Edmund

Armand Fernandes, Assistant District Attorney, Attorney, District Assistant Fernandes, Armand

THE WITNESS: Yee, Yee, WITNESS: THE Ilan. tomes A. Boyle, Justice of the the of Justice Boyle, A. tomes Ilan. Edgartown District Court Court District Edgartown

have Trooper Charest also. also. Charest Trooper have

Lieutenant Killen come in, please? please? in, come Killen Lieutenant

TIIE COURT, Is the Lieutenant here? here? Lieutenant the Is COURT, TIIE

carry it it carry MR. FERNANDES: Yes, he did. Would you ask that that ask you Would did. he Yes, FERNANDES: MR.

THE COURT: Lem have Lieutenant Killen in. Did he he Did in. Killen Lieutenant have Lem COURT: THE

after securing it? it? securing after

MR. FERNANDES: Lieutenant Killen to oetside, oetside, to Killen Lieutenant FERNANDES: MR.

Trapper Charest and myself received the blood of Mary Mary of blood the received myself and Charest Trapper

locker at the barrecks at Oak Mufti Mufti Oak at barrecks the at locker

Mood to Detective-Lieutenant Killen. Killen. Detective-Lieutenant to Mood

home, David Guay. Guay. David home,

middy 900 Trooper Chinni took the blood to the the to blood the took Chinni Trooper 900 middy approximately 9:00 p.m. in the Town of Tisbury. Tisbury. of Town the in p.m. 9:00 approximately

David Guay a certain amount of blood? blood? of amount certain a Guay David

Vineyard Haven Ferry, He went across and he gore the the gore he and across went He Ferry, Haven Vineyard

Jo Kopechne from the Assistant Director of lie funeral funeral lie of Director Assistant the from Kopechne Jo

was on Die evening of the ItItli, I believe believe I ItItli, the of evening Die on was

your your

your full name for the the for name full your

a Detectim-Lieutenant in the State Police, Police, State the in Detectim-Lieutenant a

NMPOMMENrr

direct direct

to to

occupation? occupation?

Boston? Boston?

GEORGE E. KILLEN, Sworn Sworn KILLEN, E. GEORGE

you have occasion to receive a certain item item certain a receive to occasion have you

your attention attention your

GEORGE E. KILLEN KILLEN E. GEORGE

was was

TESTIMONY TESTIMONY

on the lath, a Saturday evening at at evening Saturday a lath, the on

OF OF

Official Court Stenographers. Stenographers. Court Official

record, record,

Thursday, January R, 1970. 1970. R, January Thursday,

to July 1969, Lieutenant Lieutenant 1969, July to

Eilgartown, Massachusetts Massachusetts Eilgartown,

for the Commonwealth. Commonwealth. the for

Int:Wiling m apprOXI- apprOXI- m Int:Wiling

please? please?

imi

illlil

VP"T'

We We

- 105 - - 105 -

(I Could you tell us what time you arrived at Chappaquld- Chappaquld- at arrived you time what us tell you Could (I

O Now, could you tee on whether or not there had been been had there not or whether on tee you could Now, O

Q lied you been with a group of people who subsequently subsequently who people of group a with been you lied Q

Q Friday? Friday? Q

A Yea. Yea. A

A Yes. Yes. A

A A

A Yea. Yea. A

Q Now, up till the lino lino the till up Now, Q

(I And at smnc time you had occasion to visit Chappaquick Chappaquick visit to occasion had you time smnc at And (I

Q Could you tell tell you Could Q

Q And did you have occasion to return there last night? night? last there return to occasion have you did And Q

A Yes, that nia.ht. nia.ht. that Yes, A

A On the afternoon, Friday afternoon. afternoon. Friday afternoon, the On A

() What is your occupation? occupation? your is What ()

Q Now, I direct your attention to July Ii, 1969. You had had You 1969. Ii, July to attention your direct I Now, Q A Yea, air. air. Yea, A

A Yea Yea A

Q Where do you live, Min Lyons? Lyons? Min live, you do Where Q

Q Plmse give the Court your lull name. name. lull your Court the give Plmse Q

A Ann Lyons. Lyons. Ann A

A Legislative aide to Senator Kennedy. Kennedy. Senator to aide Legislative A

A Washington, D. C, C, D. Washington, A

EXAMINATION BY MR. FERNANDES: FERNANDES: MR. BY EXAMINATION

Prevent: Prevent:

Before: Before:

Q And does anyone have access to ilia sole? sole? ilia to access have anyone does And Q

Q Q

A On Monday the 21st of July 1 took ii to Boston to the the to Boston to ii took 1 July of 21st the Monday On A

A No, just me. me. just No, A

A A

No, air. air. No,

dick Island? Island? dick

ally ally

you bad gone to the patty Mal evening? evening? Mal patty the to gone bad you

drinking of ahmholic beverages up until the time that that time the until up beverages ahmholic of drinking

arrived arrived Mat night? night? Mat

Island that night - by that night I take it you mean the the mean you it take I night that by - night that Island

Omppaquiddick Inland? Inland? Omppaquiddick

dick Intend? Intend? dick

18th? 18th?

e-x—r—Iv

occasion to be on Martha's Vineyard Island? Island? Vineyard Martha's on be to occasion

Thomas Teller, Clerk of Courts Courts of Clerk Teller, Thomas

Peter Gay, Assistant District Attorney, Attorney, District Assistant Gay, Peter

Harold T. McNeil and Sidney R. R. Sidney and McNeil T. Harold Paul Redmond, Esq. Esq. Redmond, Paul

Helen S. Tyra, Temporary Court Officer Officer Court Temporary Tyra, S. Helen Daniel Lyons, Sr., Esq. Esq. Sr., Lyons, Daniel

Edmund Diner, District Attorney for the the for Attorney District Diner, Edmund

Edgartown District Court Court District Edgartown Southern District of Massachusetts, Massachusetts, of District Southern

Mon. Nunes Nunes Mon.

711E COURT, I think that is enough to ide to enough is that think I COURT, 711E

Chemical Lab Chemical

will Lake our morning recess. recess. morning our Lake will

Armand Fernandes, Araistent District Attorney, Attorney, District Araistent Fernandes, Armand

MR. FERNANDES- No, McHugh, the laced of the the of laced the McHugh, No, FERNANDES- MR.

Stale Police Chemical Laboratory and I gave it tat a a tat it gave I and Laboratory Chemical Police Stale

THE COURT: The one we had before was Moore? Moore? was before had we one The COURT: THE chemist McHugh. McHugh. chemist

1 1

Conti House in Barnstable and I locked It ep iu the the iu ep It locked I and Barnstable in House Conti

We. We.

And did you do anything elm with them? them? with elm anything do you did And

took 11 to the State Pollee Office Office Pollee State the to 11 took

• •

drinking by any of these Imople up until [hut time, time, [hut until up Imople these of any by drinking

at at

Chappequiddlek and were with you at a party party a at you with were and Chappequiddlek

(A (A

A. Boyle, Justice of the the of Justice Boyle, A.

7.7"n"r77'e"n

: :

1010. 1010.

brief brief

as as

ANN LYONS, Sworn Sworn LYONS, ANN

when when

recess was then taken.) taken.) then was recess

TESTIMONY TESTIMONY

ANN ANN

you you

OF OF

was was

LYONS LYONS

Official Court Stenographers. Stenographers. Court Official

Thursday, January ft, 1970. 1970. ft, January Thursday,

arrived at Chappequiddlek Chappequiddlek at arrived

Edgartown, Massachusetts, Massachusetts, Edgartown,

the Oct time you nailed nailed you time Oct the

Lipman, Lipman,

fru the Commonwealth. Commonwealth. the fru

".777w1 ".777w1

at at

for Ann Lyman. Lyman. Ann for

the Superior Superior the

n tify, We We tify, ••

A Q Now, — A Well, I don't wear a watch but I think it was around A Yea, sir. Was 5/. Crimmins in the room wilts you? A Well, everyone was to and around the flea. 0:00 p.m. Q Do you know what the had to drink? Q Could you tell m with whom you Arrived? A Vodka. 9 Now, what exactly did Mr. LaRosa my end Co whom? OA Did ylior observe any Conversation between sir. Kennedy A Maryellen Lyons, Esther Newburgh, Susan Tannenbaum, 9 Vodka and what? A Ile just caste in and said in it rather loud voice, because APOI Mr. CrIrionuts? Cricket Keough, Mary Jo Kopechne, Raymond LaRosa. A Tonic. A No, SOT. people were talking, that Mr. Careen end Mr, Markham. ON how you get there? Q And how do you know? Senator Kennedy would like to we you. Q Will you tell Q In any CVerit you new hoth leave? A I think all the girls had Vodka end tonic. Q Now, this Is approximately an holm after they left and A fly Automobile. A Yes. Q Will you tell or whose automobile? Q And ore you aware of how many drinks rho hid? you- said they had left at approximately 11;00 or 11 -.15, A No, sir. Q And did you record the rime or take note of the time at is that right? A 1 believe it was s rented automobile. that time? Q All of you in one car? Do you know if it was more than one? A I would say so, A No, lie, I don't have g watch. A Yea, sir, A No, sir. At this time were you concerned or was anyone con- Q And was there anyone at the cottage when you arrived? Q Did you set her with a glass throughout most of the 9 Well, have you any approximate- Wert of when It was? mrned about getting back to Edgartown7 A Well, ea best I am meal' I behave we arrived at Clop. A Yes, air, evening? A Thal converaation came up when Mr. Crimmins Mera A No, Kir. Well, again I wasn't observing anyone in parti- paquiddick al 0,00. They had to cook dinner and all honed that the last ferry was at midnight. Q Would you tell us who? that. I would say it A Jack Crimmins, Senator Kennedy, Charles Tretter and cular. was 11;041, 11:15 in the everting. Q When was it that conganiation crime up, before Mr. Q You would say 11:00 01 11:15? Peal Markham Q All right. I take It you people had something to cat LeRuse entered and indicated Mr. Kennedy wished to Q Now. would you tell us what those people were doing while you were there, you had steaks? Q That speak with Mr. Careen and Mr. Markham or after? A DridylsOtimuSally—yoll saw them walk out the door? when you arrived? A Yes, sir. A I think it was before, Q And prior to that lime you bed gone miming toner Yes, Q All tight, what was that conversation before Mr. Ken- A Waiting fur us. QA D idatiory, Q All right. And whet did you do upon arriving/ part of the day? of them indicate where they were going? nedy returned to the cottage? A No, sir. A Weil, me said hello to each other and we were offered a A In the early afternoon. A Persian me? PO And no AIM asked? drink. 9 There lied heron no swimming after that incident, that Q What wet the conversation? swim In the morning at East Botch or the afternoon at A No, Mr. A Jet/ that Mr. Crimmins, 1 was standing In a group Q 13y whom, if you remember? 9 Did you see where they went? A L don't recall. knot Reach? talking with Mr. Criminint and he looked at isle welch Q Could you tell as whet there was to drink at that time? A I didn't arrive until the afternoon, end indicated that the last ferry lett at midnight and It QA No, youyoil r. know if they went Into the car? A The only thing 1 do recall is there wasn't any gin. Q But the answer is, there was no a...ell:inning after that was now after 11:00. A Q Can you tell us what wait there? swim in the afternoon? O Well, were any preparations nude - by the way, Mr, A You mean after we arrived at the party? i'lootsrY did not see the car leave? Kennedy had already left with MI. Kopechue? A Vodka. 9A NmArrii.t,y9.iiy..0r, Q Da you know how much? 9 Right. A Yes. A No, sir. know it that they lett the cottage at apprual- 0 Were there any preparations or arrangements made roe A No, I don't. 1: DO or 11:15? half a gallon or • quart, one 9 Now, did you hove any conversations with Mi. K. te luming to the mainland at that time? 9 Could you tell if it was A Yes, ear, two bottles of Vodka, if you know? peelote? A No, I don't think anyone wer partioalsrly concerned. We bottle or 9 Did there come n lime when you became mare That Ike A l don't know that I saw the bottles. I can't remember. A Yes, sir. lust assumed that et an appropriate time we would go car was not there? Q Was there anything besides Vodka? Q At the party? hack to the island. A Yes, sir. vim. A Yes. 0 In any event, Mr, Markham and Mt. Callan left? A Yee. but I don't know what it Q fly the car L mean Mr. Kennedy's car. Q Did you have anything to drink? Q Could you tell us whether or not she commented on the A They left. food or her condition Or health? A Yes, sir. Q And at this ttme whet activity took place at the cottage A Yes, air. 9 Could you tell us when was It Ihet you became aware Q What did you have to drink? A I only recall - no, I don't think I recall any direct afterward? convereation. I recall e conversation that wee related to that Mr. Kennedy's car was not there or not in front of A Well, again, those that remained continued to have dis- A Vodka. the cottage? 9 Can you tell 13s how much you had to drink that eight? me by womeosie else at the party: cussions and the party continued normally for a period A Well, we were walking in and eat of the cottage and al A I don't know if 1 could any exactly, but usually l have 9 Who told you what? of time where people went nut forafor walk Or - one point when I walked out l noticed that the Cm was two or three drinks during the course of the evening. A My slater, MalyeUen, told me she had spoken to Mary Q Well, what did you do? not there. Q Mow langhed you planned. an Lowing at Chappaquiddick Jo and Mary Jo indicated she wet having a vary nice A I went - it con rather worm In the cottage and went Q Mow long after you had wen them leave? that eight? time. collide and there were ruoionitos outside; so you are She never expressed the fact the was tired or ill or A I can't recall. sort of caught in • hind and el one paint I went for a A hat until we gut track to the main island. Q Well, do you know If It we• a abort time or a long time? Q Did you have any idea when that would he? uncomfortable at the party? walk. A I can'll. A I believe at some point in lime we were told the lout A -Not to my knowledge. Q With whom? 9 What wore the activities at the party after they hail left? ferry left at midnight. 9 All right. Now, whether or not with reference to your A Minn Tannenbaum. A Well, we continued talking and tinging,g. Q Do you recall who told you that? observations of Mr. Kennedy, did you form any opinion Q Anyone else? 9 War there any eating or drinking at 11 going on? A I think it wan Mr. Crimmins. at to his condition an to sobriety'? A No. opinion like that. d think wasn't arty eating Some people were still Q And when you my we all, you mean all the people were A L don't think I usually form an 0 Would you tell us whet time this wait? present or there were a number present when he said Q Well, l will axis you to do so now based on what you A drinking A I would say it war el least twenty minutes, that kind of observed of him en that day that you have been talking Q Is It safe to say that after they left heel essentially time spent after Mr. Quoin and Mr. Meridiem left bud that to you? everyone etre who had attended the party was Mill A I think It was sort of a small group discussion when it about; have you an opinion as to his condition as to we took - present end in the vicinity of ti. cottage? up. sobriety? Q So thin would be approximately ten minutes before final Cuter A Yes, siv. Q Al? rigid. During that party did you have occasion to A I do, 1:00? Q Now, did there corm a time when you now Mr. Kennedy observe Mien Kopechne? 9 And what ie your opinion? A Perhaps. A That he was sober. A evening? Q Well, you said that Mr. Carper and Mr. Markham left A Yee. azin sir. Q Did you have occasion to observe Mr. Kennedy? Q And I will elk you the same question of Kopechne. approximately an hour after Ms. Kennedy had left? A Oh, absolutely. 9 Did you become aware of the fact that he had returned A Yes. A Yea. tee the cottage? 9 Now, did yule have oureelon to observe Mr. Kennedy do Q Did there come a time when you were aware of that Q Sa, if he left at ilt00, 11:15, this would he approxi- either Mr. Kennedy or Miss Kopechne were not et the A Yes, sir, mately 12:00, 12;15, and you wont for a walk et Any drinking? when you became aware of that fact? party? 9 Could you tell VA approximately quarter of 1:00? A Yes. A I would sty it was 'boot no hour lifter the Senator and 9 Would you tell on what, if anything, you saw him drink? A Yes, sir. A Yes, sir. Would you tell us when and how you bemoan aware of Miss Kopechne had left, Mr. LaRosa came in. Ile had 9 hat the two of you? A 1 don't know what he wan drinking. hche.en .outhide the cottage and asked Mr. Markham and that fact? t A Yoe, dr, 9 Well, what did you we lam doing that Led you to the Mr. Gerson to get outride, the Secular had asked for conclusion that he had been drinking? A I taw the Senator and Min Kopechne leave the party, Q Could you tell us where you went? Q Could you tell 1.11 where you were when you saw them A We, I think we were outside at this time and talking and A Well. he had n elm in his hand, QDilA 1.4o,,rDid I.A LaRosa nay where Mr. Kennedy was? Q Could you tell we for how long a period of time, when? /nave? we loll decided to Welk up the lame( a way, A No. Weil, I don't underwent!. A I believe I wee sitting on the couch. CI You Say up the street? Q Was he outside alone? A lip the street towards the ferry. Q Well, for most of the evening was he holding • gloat In 9 In the living room? A Or standing, A Who, sir? Towards the ferry? Mt band or did you nee liim? 9 Mr. LaRosa. A Well. I wain't otatetving hint far molt of the evening. Q You Were in the [lying roam of the cottage, A Yea, end we didn't walk very for because I don't really A I don't know. enjoy walking and I think we got shout In the fire Q Did you KO him pouring drinks? A Yes, sir. Q Well, where were you? station and then we came back and a Little tall Inter my A Yes. Q And what did you see? /1 Ire the living room. sister, Maryellen, and Mr, LaRosa and I took another Q For whom? A 1 saw the Senator and Mary Jo walk out tier door. Q Had they been in the living room at that time? Q Do you recall who was present!' walk, A lull for people that were there. A i would ray everyone was present. Q Do you know of what and to whom? A Yes, an How tong after the walk that you have fast taken? Q Do you know whether or not the Senator or Mr. Ken- U hiceenpt Mr. Niko.? A I would say again perhaps twenty minutes, A No, air. A RighL Q All right. Did you we Mira Kopechne drink? nedy bud the keys to the cm? - 107- 106 -

ro4ren- ei7 A Nn, s1r. Q So what time would you say the second walk leek u rine? Q All right, did you see him in the morning? () Wheo they returned you now had One Cat, did you not? place? A Well, I went to bed et Met point. A I think Mr. Gargan was already out of the house when I got up. A About 1:50. Q Where? A You, sir, A /rt the bedroom, () Wen, did you know whether or riot you had more than Q Did you are him at any time that morning? Q As you best remember one earl A When he returned to take on to Martka's Vineyard. A Yes. I'm pretty sure that we returned about len minutes Q And did you become swore of the tact that Mr. Mark- A No, sir. Q Did you make any observation with reference to inhue of 2t(10. ham turd Mr. Gargan returned? Q Old yeti ask them anything about getting the car out of les? Q AU sight, at this lime did you encounter anyone on the A Yes, I heard Client (elem. Q Could you tell approximately bow long after you had the sand? A When MI. Grogan cant to pick us up? rowel Q At eny time. returned did they arrive? A No, air. A Yes, six. Q Dld anyone? A Well, it was fairly obvious when he came to trick us up Q And on any of these walks, did you encounter anyone A i would say a half boss, 45 minutes. A I asked where they had been. in the meriting that something had tranepited by the On the mad? La So, it is sate to say approximately 2:30 or thereabouts they returned? Q And what did they say? expression an his face. A I don't believe f did on the fiat walk. On the second Q Of inhales to him? A Yes, sir, but mein I can only estimate because as I say I A And they said that - I am trying to read/ - I think they wale at this point, of course, we were interested in how stated that they had gone with the Senator to the ferry A No. sir. we would got beck to the island, Once there was now no didn't have a watch. and the ferry wasn't there and the Senator bad sworn Q You say It was fairly obvious when he came back to cur at the cottage and it was well after midnight. 0 How did you know they had returned? A Weil I could hear them, you know, the cottage was 'trots. pick you up that manning that something had occurred? Q When you went on the lint walk, you were aware of Q Did anyone Soy, whew is the eat? A Yes, sir. Ilse fact that there weren't any can? small. back Q What was said? A Yes. When you saw him or bad that conversation with him A Right, but we still assumed litcy weie coming Q Who? that night when he retooled from tying to get a boat, shortly. nal now the period of time wee longer and tee A I don't resell any particular conversation, just that theta was someone keeping me awake. A I dun'l recall if is was myself or my sister. did you make any observations about him? begun won-define what people were doing and — Q And what was the odium.? A No, air, In retrospect I coind compare the two and say Q On the second walk, did you encounter anyone? () Did you become aware of the fact that at Clint time or thereabouts that Mr. Kennedy had swam back to A net !dim Kopechne had taken Ote car to the Kies= that it appeared when he returned that he had no A Yes, sir, we walked well pact the foe station on this Edgar- knowledge of what had ecoully tronanimd, town? Shams. particular walk and we were walking down the middle And you felt something was wrong by what observations A No, air, not at that time. Q Did anyone ask when? Q of the road because it was rather dark and you didn't A No, air. or what appearances or what in fact made you conclude car pialtiCil us on Q Was thole any discussion in your presence concernMe- ennt - and I'm not cure I recall If a Q Was there any dna:Lesion about returning to Edgettown? that tromething was sewing? the way to the ferry, but as we turned to come back the cat getting, stuck in the send? A Yes, earlier in the evening when Mr. Markham and Mr. that night after Mr. Gateau and Mr. Markham returned? A When he returned in the morning? and were walking, walking back towards the cottage, we A No, sir. Q Other than what he said, yes. heard a car approaching behind us and I assumed that it Gauen didn't return Immediately after they left we Q Was there any discussioo about getting a boat to cross? A lust his lam. was Mr. Gorgon and Mr. Markham returning and when assumed that the Senator', car had been stuck in the sand, that they went to help them, and that they had A. There had been tether in dee creates. Q Now, I take it that everything Fettled down at the they puled up — Q Well, was that discussion - you say earlier in the eve- collage and you slept and you got up al what time? Q Returning from where? gotten stuck In the sand because a cor/creation similar ning, that means prior to their returning? A I would say 1 probably got up at about quarter of 8:00 A From wherever they had been. to that describing a simnel- Incident was pursued during the evening. So, we eseumad that wan what had hap- A I would say after Mr. Crimmins remarked that the last in the matning. Q All right. ferry was al midnight, no one seemed particularly Con- Q And you say at that time some people had left the A And the car slowed as it approached an and I thought it pened to the people who lied left. cerned became KinscOne else suggested that boats were Cottage already? was Mr. Garvin end I said, move along, slow along, We Q Now, the car had not got stuck In the sand ray part of eccessible and that we could go back at any time. A They were leering. That Is why I gin up. arc all right; and al that point the person in the car that day lieforee Q Did Mr. Markham or Mr, Gareth indicate by Mr. Ken- Q And could you tell as who did that km, yourself and made a statement Mal told ma It wasn't Mr. Gargan and A No, sir. nelly decided to swim when boats were writable? your sister? Mr, LaRota spoke to the gentleman in the cur and laid Q Did anyone know where Mr, Kennedy bad left orginally A They said that they had been looking for a boat end A Wheat the find group left in the morning, my sister, him that we were all right and just returning to our when he left the cotter with Mina Kopechnel couldn't find one, myself, Miss Newburgh and Mr. Critrunine and Mr. cottage. A Did anyone know? Q They, meaning Mr. Kennedy, Mr. Gargan and Mr. Mark- LaRosa. Q }low far away from the cottage were you? Q Know where he had gone. ham? Q Was anything said when the first group left/ A We were peal the station towards the ferry. A I didn't, A Mr. Grogan and Mx. Merkham,1 A Yes. We tried to have - they evidently had gotten up Q How long would It take you to walk to the collage Q Did Mr. Crimmins or anyone say Mr. Kennedy retuned In Had been looking fora boar earlier than we hest and they were n11 ready to go. horn where you were? to Edgertown? A Yes. Q And they had the ear? A No wore than about five minute', ten, A Linen"; know If anyone else. Q But not Mr. Kennedy? A And they had the car, and there was only one ear and Q And after this commetion did you return to the cot' Q Did anyone else ask where Main Kormehne was that A I don't - you know, they just said, you know, we were we were spurt that they were leaving without tar? morning of the 19th? looking for a boat. ' Q flow did you know there wan only one cos? A Yes, en, A Wen, the conversation earlier after I went to hed and Q In any event, no mention was made of the fact that he A We could took out the window, Q Well, if I told you that conversation you had was at Mr. Careen and Mr. Markham had returned, Miss New- decided to twilit? Q Was Mere any discussion about bringing you !intake approximately quarter of l:00— burgh and Mils Lyons came Into the bedrmatu and there A Yea, sir, they raid they couldn't find a boat and the eat? A I would Bay that was early. were two had, end at one point Mr. Gatean knocked on Senator dove in and swam. A No. I think Maryellen made the untertent that If they Q woutd you still tell me Hut you got back to the the door and he came in and asked, you know, was 0 So, Mr, Kennedy did search for the boat or a boat? didn't come hack May Jo would come back for us, comae at approximately live minutes Or ten minutes to talking and I said - 2:00? Q What did he say? A I would assume, knowing the Senator end the relation- Q Did anyone clean the cottage? ship that he inked Mr. Glee's and Mr. Markham to try A Yes, sir. A I would any that the conversation couldn't have been A I don't recall the conversation. I ran recall what I said. that early, The fret was, you know, it is late and you have to salt and locate a boat and he probably waited at the ferry, Q Wes there a telephone at the cottage? Q Was the purpose of the boat to menu rise people at the Q Are you certain you returned to the cortege at ten in the moraine, let's, you know, Let's gel some Sleep; A No, Hir, minutes of I:00? and then 1 asked Mr, Gamin where Mire Kopechne was. perry to get across., did you know? Q Who cleaned the cottage? A No, I would teatime that this was among the three A About ten minutes of 2.00, because I wilted what time Q What dirt he say? A I did, involued. It was because I was getting tired. A He told me also was al the Katama Shores. Q Would you tell us what you did? Q For the three of them to gel across? A I did the dishes and I swept the living room. Q After this coriverution did you In fact return to the Q Did he say how he knew? cottage? A No. A Yea. Q And with reference to anything that had been left cam pot. A Yea, sic. G2 Did you oak where kir. Kermedy wee? 1) Was there any conversation with reference to that at the party did you throw that out? theater A We had one of those large plastic bars and I jled put Q So it took you live or ten onnuters after the sunset- A Yee, sir. Eatlaa to get beet? What did he say? A I den I understand. everything in there and stored it in the Corner. Q Did that include any empty hottks7 A Yee, M. A He odd he also had returned to his hotel. Q Oi that thought or that intention? A Of who? A Yu, air. 0 What did you do upon anteing? Q Did he say how he had retooled? RUM, to Q Of what? A At the mitt:Peel A I don't briber 3 asked, Q Of Ilse three of them taking a boat to get Edgartown? A Coke, tank and Vodka bolltes, I believe. Q Yea. Q Was there any other conversation with either Mr. Mark- A MO again is only - f wan only piece together conver- Q What size Vodka betties? A Wall, I anked,uf say, what lime it wan and someone told ham or Mr. Gingen el Ilth bine? me it wait - A Well, Mr, Guinn then left the Metro that I was In and I sations when Mr. Garen and Mr. Markham returned. A I don't recall. Q Did you see Mr. Gateau when he returned? Q Would it refresh your recollection if I tell you it was Q Seetrwone (tad you - you call finial your answer. didn't perticipare in any further conversation. A I asked the time and someone told roe it was approaching Q Was there any other conversations with either of these A Sometime after, at I say, he did come into the room half gallon? 2:00 o'clock, two gentlemen at this lime? where 1 wen alimpIng, A If yes lay it Is. Q Do you retain any bottler of liquor horldre a half a Q Who was there when you returned? A Well, I couldn't - they returned to the living mom Q Mr. Gorgon/ A Yes, sir. rennin; you interned or A There were some people outside witting on the fence; I where several other people were and them van comer- Q And Mr. Markham? A / think there was another bottle, but 1 don't know what think Mia Tantiellban111 and Mira Newburgh end Mr. ration. II was. There was a remaining Isola of Scratch, I be- Crlermina woe Inside the cottage. Mr. LaRosa and Mary' Q Did you hear any? A No, she Q Did yoe have occasion to observe eir. Gargan at air? t/VIM ellen were with me. Who darn that !wive? I dun% mall A No, Lie. A No. air wear sleeve and I didn't have them on. Q Of the liquor that was at the party bow much wart to t? () Sometime thereafter did Mr. Markham and Mr. Dorgan Q Do you know what was said? A Them was a bottle of Scotch on the bar. There wail • Q Then yen returned to your hotel room, did you? carton of liquor, you know, they crime from x Lamm A Yea, sir. stare, arid what wan open win placed on top of the nor. Q At that dare what was said? Q There were, if I understand it, two bottles.? A Al that time we look a cab froth the ferry to the A There wan an empty bottle. Ketones Shores, Miss Lyons, Misr. Newburgh/ and 'Tweet!, Q How many empty bottles were there of liquor? nod we gel there really fully expecting to find Miss A Two empties and one half open bottle of Scotch, I Kopechne there but she wasn't, and we sat and waited. '':HYANNIS PORT believe, and an amply battle, 1 didn't know what it was. Mr. Careen said he would null on as soon ■ta he had any details, IILT Q Do you know what happened to the hall bottles? Q You staled dial you expected to fold klias Kopchrie r.m1t1 .-_), A No, sir. there? Off Q Did everyone clean out the cottage in the Fence that A Yea, sir. everything that hainnand to .eryone was taken not? Q And was there cry basis or any reason foe thatT A I believe when Mr. Gargan ..me hack and told us there A Wishful thinking,' guess, hod Iron an Accident we took what was ems. (..) Well, you had heard the evening before that she hod SOUVENIRS I) Did that include the hill bottles of liquor? returned In Katarna? A No, sir. A Yes, sir. lam When yon returned it that time prior to your conver• 1) And now you heard the was missing? NAIL:ours Lotion What Mr. Gorgon at the cottage who returned with A Yes, sir. you? Q Did anyone ask whether or not they had attempted to A When I returned? contact tier them? Q When you returned to Edeartown, who returned with A No, sir. C) Was she year reanimate in Washington? A I think just Miss Newburgh and Mira Lyons and myself. A Yes, sir. Q Old Mr. Crinunina go with you? Q Was the your reanimate et the Katama? A Na. sir, he &toyed el the cottage. A No, lie Q In any event, when you raw Mr. Gorgon on the road did () Did you take her purse hack with you? he say anything to you al that time? A Yea, sir. A When he Caere back and picked Or up? Q Where did you find it? Yea. A In the living mom in the cottage. A He asked or to gel in the car. () Did you find it strange when you hood that she re- Q I take it you were walking back In the terry? turned to the Kamm that the had not taken her porn? A We bad welled a significant amount of lime and begun to A No, sir. head towards the ferry. Q Subsequently you had another renvenution? Q Did anyone ask him why he was taking you back to the A With Mr. Cankers, yea, tar. cottage? Well, he called. A Yea. Q Let me ask you something else. When you examined the Q What was the conversation at this time, as hest you can purse were her keys in It? remember it, between all parties/ A I didn't ermine the purse. I opened it at one point to A Well, I can only reline my reaction at the lime and I lake out her address hook an 1 could call her parents, kqew that looking at Mr. Gamin's fate I knew that and I packed her sulteade and I left nut her bathing suit something was wrong, and I said, sonuthille and at another point I opened it and Just put her .114 he acid, "Yea, int in the car." And we got in the bathing suit in her pocketbook. car and we nil began asking, "What happened, what is Q Did you return the item, back to Mrs. Krapeehne? wrong," and he said, "There hat tern en esculent," and A Yes, someone *eked if the Senator had bean hurt and he said Q On the return trip to WethIngton? No, and at that point I knew that something had hap- A -No, air. I brought them to Wilkes herre with me wile pened to Mary Jo. the intention to turning them over to the Kopechnes. Q What did you arty? However, it didn't seem appropriate, 00 I brought them A I milked if anything happened to Mary Jo. back to Washington with moo and Mt of the Kopelmea 0 Whet did he say? came to collect Miss Krapechne'r beluffeings- A fie didn't answer. He Mat add we will return to the Q Now, with reference to the conversation that happened cottage. at the Katame can you tell fie when it occurred and who Q When you returned In the cottage, what was said at that at present, time? A I think Maryellen and Min Newburgh and myself arrived A We arrived at the cottage,— al the cottage probably around 10:00. We were the only 0 When you returned to the cottage, what was said at that three there. Mr. Tree ter arrived with Mies Newhurgha ldne time/ Tannenbaum and Miss Keough at about 11:15. Up unlit A We arrived ar the cottage. Wewere all peening Mr. that time we had been alone and they had at that time, Gorgon, 'Isidro( what had happened, and he asked us to if I recollect, they were not aware that anything had go inside and down and he said that there had been happened. It seems to me they weren't or they didn't an automobile accident and Min Kopechne was miasing. were to be at aware as we were, and we sat and talked Q Did he say who was driving at that time or did anyone and, you know, said, "How mould it have happened, ask? does anybody know anything," end nobody A I don't recall if anyone asked. At One point Mr. Cameo called and I teak the call and Q Dtd ire say where the accident occurred? waked if die car had been lei:meted and he said, Yee, A No, and I naked LI Mary Jo had Mien in the err and he said, Q Did he limy how he knew that she win missing? Yes. A It ia all rather vague and It is sort of jumbled. Q Did he say where? Q Well, did anyone ask these quertlans? A Pardon me? A 1 think they were asked, but I rani% moult where an Q Did he lay where that occurred? when they were naked became then we drove back to A At some point prior to that I knew that the accident the Ki'dartia Shores and canvonsetien confirmed during had marred at the Midge. the car ride. Q Do you remember how you discovered that it occurred What win the conversation as you best remember? at the bridge/ A Just, you know, what had happened, where wai the A I can't mall If It was et the home or en the car drive accident, what tea been dens abmit it, tsar the Coot heck. Guard been Ladled, them kinds of questions. () Now, ynu knew the accident occiirreit, and Miss Q What was the answera'? Kopechne was miadne; mild anyone pursue that matter A I don't know, ldr. Gingen kept repeating that he had no any more? Kahn! Kennedy picks up rorl1,prprnjetr paptrrtn H7onpir Pori WV/ nrn.J of the foal areident. detaila. 110 — — Ill — Q Did you know where this bodge wee A We asked if the Coast Guard had been called in. Q And you said that some lime before you found out that

A Yes, sir.

A Yes, air.

Q But it was still on your mind that she was missing?

Q Now, wee anything raid about what had happened al

A Yen, sir.

A As 1 said, we kept questioning him and he kept telling to

Q Were Ilion any details as to how it happened/

Q Or when It happened? A No, M.

Q You spoke with Mrs. !Coped= about the accident?

Q Did you relate to her exactly what you related here? A No. sir.

Q Did you ever speak with Mr. Kennedy shout the acci- A YM,

A Yes, sir. Q Other than the conversation - your answer was No?

Q Did you ever speak with anyone else about the accident, A No, dr. A Right. Q Other than the conversation. you have given to us?

A No,

A Nu, tar. When we have [net since that time which would Q Did anyone make any inquiry that you know of of the

Q Can you tell to what time you left the island approxi- A No, sir.

Q In your observations of Mr. Markham that morning and A I think we got the somewhere between 3:00 or 4:00

A No, air,

A No, sir.

Q You did not are Mr. Kennedy that day?

A No, air.

she was in the car you were told that the accident had occurred on Dike Budge?

Kabinet by Mr. Conan

that he had no detail.. I think at the Karim he told us

already reported it to the police.

that the Senator had been driving the car and had

dent?

- well, the Rat time I met Mr. Gargan after the acci- wmifieally Mr. Garvin and Mr. Markham?

like that.

happened other than what you already know from what pcopk who were st the party concerning what had dent I said 1 was sorry that it had happened, remake

Mr. Gargan had told you?

mately?

o'clock ferry to Woods Hole.

of Mt. Outgun that morning and on dull day that you discovered Mary Jo's death, did you observe any injured' to

Ht. Gargan? Did you observe any injuries to Mr. Markham?

THE COURT: How long did you live with Mary Jo? THE WITNESS: Three years. THE COURT: Did you emu know a girl friend of hers

THP. WITNESS, Na, dr.

cottage THE COURT: Did you whose name was Vincent. rust err last runnel

THE WITNESS: Ye., sir. TILE COURT: Was it customary for her to lease her

THE WITNESS: Well, I didn't see it, sit, until the

purse behind?

THE COURT: Dld you talk

morning and her pocketbook happened to be next to mine and 1 took II when 1 was collecting my own

THE WITNESS: No, sir. THE COURT:

her?

things,

say a party in close quartet, groups Were continually THE WITNESS: Well, It couldn't have been - I would 111E COURT: She didn't come to yuu and ay that "I

Miffing, hot I believe I had been

left.

ern leaving"? the room for at least tan Or fifteen minute; before rho

THE WITNESS: No, sir,

sir.

when

she left?

How

long before she left did you talk to

by anyone else?

see

Mary 10'1 puree at the

her just before she left?

on the

other side of

- 112 -

Before:

Court

Present:

trict of Massachusetts,

wealth.

EXAMINATION BY MR. DINTS: Q What u your name?

Q And where do you bye?

Q What is your occupation? A Rosemary Keough. A 1249 35th Street

Q In Washington? A Secretary to the president of the Chi/diem League.

A Yes.

Q And were you-

Q Directing your attention to July I kilt sad 19th, 1969,

Q Were you at the house on Chappaquiddick on the eve- A Yes, 1 was.

Q What lime did your arrive there

Q Were you in the company of some odic! girls? A Yes. A Approximately 7:30.

Q In the company A Yes. Q Mary Lyoro? THE COURT: Or complain to you in eny way about A Yea. THE WITNESS: No, air. not feeling well? A Maryellen Lyons. 43 Esther Newburgh? Q And Mary Jo KOpeChlle?

Q Mnryellen Lyon.. Ann Lyons?

THE COURT: Is it your belief that when she and Mr.

A Nance Lyons, yea. permanen ply?

Kennedy went orst than they were not leaving the patty It didn't register that I gave it any thought at all. THE WITNESS: I would ray that 1 did nut give It e

A Yes. THE COURT: Wouldn't it hare horn surprising to you if

THE WITNESS: Yes, sir. THE COURT: Ao further questions? thought simply because people were moving in and out. THE COURT: Al right. a word to anybody?

they were keying the patty permanently without saying

MR. FERNANDF.h: No, your Honor.

THE WITNESS: Thank you.

Hon. lames A. Boyle, bodice of the Edgartown District

Edmund Dims, District Attorney for the Southern Dis-

Peter Gay, Assistant District Attorney, for the Common-

Armand Fernandes, Assistant District Attorney,

Daniel Daley. Sr., EN. Paul Rodinond, Esq.

Helen S. Tyra, Temporary Court Officer Thomm Teller, Clerk of Courts Harold T. McNeil and Sidney R. Lipman,

THE COURT: May I just ask how old an you? THE WITNESS: Twenty-three.

were you on Martha's Vineyard and Chappaquiddick on ning of the 18th, a Friday?

those two days?

ROSEMARY KEOUGH, Sworn

ROSEMARY KEOUGH

TESTIMONY

Susan Tannenbaum?

OF Washington, D.C.

Official Court Stenographers.

Thursday, January it, 1970.

Edgartown, Massachusetts,

for Rosemary Keough.

[Witness excused.]

.%,,

liwprov

Cy Can you lull on what the activities were that night In

A Yes.

Q Did A Then was a cookout. We went them for dinner end

A EXClIne me?

Q A Yes. Q Whal did you drink? Q Sort of a Mr, an informal bet? A There were drinks in the kitchen. Three was no bat. Q Were there any bottles of Scotch available? A Scotch. Q One, and you had a drink? A

Q One think? A There Wan one, A Yes. A 1 only know what I was drinking. A Two drinks.

0 Two drinks, and did you mix the Scotch with anything?

Q W

Q In A Yea

A y.. A Yes. A Yea, sir.

Q Did Mr. Gargan do the cooking? A Yes.

Q And was there singing?

Q Did everyone participate In the singing? A Yea Q And was there dancing that night? Q And did everyone dance? A Yea. Q YOU danced?

A Mr. Gerson and Mr. Tretter. A I danced.

A Yes

Q Do you know the time?

Q 1 see, Now, some time later in the evening did you

A Yes. Q A Approximately 11:20. Q She was followed by Senator Kennedy. Did she tell you A She was followed by Scnatot Kennedy. Q Did you have eny commotion with Mary Jo prior to A No.

0 Pardon.

A No, sir.

A No, Q While leaving? A No. Q Whal conversation dill you have with Maly Jo prior to A Yes, but not concerning het departure.

Q lust general?

Q Did you speak with her upon rnrival at Kama that

Q You were all together during the day? A Yes, All of to spoke continually through the day.

A Yes. A I can't tell you phydreally. Just normal convenation.

A Yea,

Q And some time afterwards did yuu barn that Senator

A No.

question at the cottage/ conversation aftermath.

Wan there a bar?

Well, yea, there was n bar.

Do you know what kind of beverages were available?

141

W Now,

arrival?

anyone in particular?

notice Mary JD Xopechne leave the house?

And with whom did you dance? Did you dm= with her leaving?

11:20, and did Me leave alone? where she was going?

None at all?

the time that die departed?

afternoon?

Kennedy was out in the at?

:s '

ire onto bottles of alcoholic beverage.?

the

you

lhere

during the Mating you had dinner after your

cookout?

have

ice

mailable, of course?

bar there?

_milriww3Err.,

- 113 -

Q Walking where?

O To the right of the college? Q You Q In the street? Q And how long were you away from the cottage donna Q Where were you? Q Along the road. and was anyone else with you? A Yer. Q Wm that your first walk? Q Mr. Treltet? Q Two walk.? A I was walking, A Mr. Tretter. A I look Q And were you a.ne with hint? A To the right of the cottage. A Yes, dr. /s Along the road, yes. Q And at what time? A Yes, A Yea, I WON. f was not Mere A Yea, A No.

Q Mr. Markham and Mr. Gerrie fen the collage al that

Q Well, you say that you went for your first walk around A The first walk was to the right along the road for about Q And now when you went for your second walk. do you

A From approximately five of 12:00 to perhaps 45 min- Q At what time wan this? Q And you left for a walk and yuu Were 13011e about 45 A We returned to the collage about 45 minutes or an bum

Q They were still them at 12:30? A No, they had not left when I left. Q Yes A Yea. Q When you loft the meond time? A Yea, It woo idle' twenty of 12:00. 0 11:40? Q Thal wan the lint walk you took? A Can I correct myself? Q Do you know If Mr. Markham or Mr Gargan were stilt Q The Ent lime? A Yea, ail. Q And yen said you looked at Miss Tannelibuton's watch A No. Q How many san were in the yard at that time, do you A Yes, lir. A I didn't have a watch, sir.

A The flot Wee. A I didn't have a watch, but the lad time I remember It Q Now, That was your first walk? A Yen, Ste.

Q Twenty after 1:00! A When I left, they were still there. A. I didn't notice the con. A Twenty A Yea, air, they were still them when I left, whatever time A No, twenty of 12,00. 11,40.

A Yes, sir.

Ynu did not. Were yuu aware that Mr. Markham and

Mn, Dugan left the homer later?

utes after that. 45 minutes.

that walk?

It was after hir, Kennedy kfl with Mary Jo Kopechrte?

know what time this was? it was. minutes? time? afterwards and no one Was to the cottage, Why do you my -

know?

around 12:207 and eat for 15 minutes. after 12:00 or 12,30 when I left. tonum's watch that I weal to the front of the cottage was twenty of 12,130 which I looked at Miss Tatillent-

You didn't notice at all? 11:45?

there?

were

Iwo

nut Meru?

12:00,

walks,

So,

when

it would be more like quarter

they loft later.

1 A I slept on the floor. Q And who told you that? TILE WITNESS: Thank you, air. A Yea, air. Q Whet lime did you get up in the morning? away some 45 A Weil, 1 knew that the ferry stopped rennine about MR. 011415' Mane Tennembaum, please? Q And yuu feel that you may have beet A I woke up about 5.30 or 6:00 &dock. I wen awake 1230. THE coma: Just a minute, no. I have some com- minutes? Q lied you been oo Chripperreiddick before? pretty much all night. pelling reasons why I think we will take Ilk lunch recess A Yes, lit Q A No, tie. tee. Did you mho your mom sometime during the nnw anti come hack at I :30. Q And how long did you remain in the cottage after your day? return from the first welk before you proceeded to take Q WeU, did someone tell you thin? MR. DIMS: Are we going tel keep these girls separated? A Well, there was discus:ion earlier In the tiny as to what A I missed my puree after .I left It in the ear. I knew it THE COURT: 1 take it we have ao far es I know mat dim her walk? wan them- one more witness? A Two =minds I walked In, noticed no one was there and time the ferry dripped. Q I see. Did Mr. Markham did you ask Mr. Markham Q You left it in Senator Kennedy's car? MR. D1N1S: Yes, your Hence. we left to look for everyone else. A Yes, tit. THE COURT. The four young bidim who heye already Q So that you edimete thut ut around 12:30 there was no about Senator Kennedy or Mary Jo? Q What time did you do that? testified may leave. l'he young Lady who has not testi one In the totter. Would you my it was oboe!. 12:30 A No, sir. Q Now, until in the morning you found some piece to A Approximately 9:30. We left the Potty to go to the tied I prefer lunch be hiougto in to her, Mr. Redmond. when you went into the cottage? Shiretown Inn to gel e rad111 sleep, did you not? MR. REDMOND. I brie your Honor's portion. your A No. dr, because at twenty of 12:00 I looked at Mhos Q Thai evening? A Yee, air. Termenimum'e watch. Q Now, in the morning whet tirne did you awaken? A Yes, sit HTrInEr LIdiRdTh:'""Mrissyml'annenhaem will remain here and Q Yea. A I Awakened very early, about 530 or 6:041. Q The prior evening. the Friday night? willl be brought in to her.r A About fifteen nineato after that I left the cottage and A Yes, sir_ Q And wan everyone in the cottage? MR.lunRefi REDMOND: can arrange that, to have lunch went oul front. A Yes, sir. Did you observe that Mary Jo Korteelint had left her Q Oh, 1 see. pocketbook at the cottage? hrGTHEIugi CLOI InDRlDT : Thee other four girls can heave. I was in Ike Irani of the cottage for about fifteen Q Now, did you notice anyone leave the cottage? A A No elle could love left the cottage. 1 was eieeping in A No, Air, MR. REDMOND: Fine. your Honor. minutes, see, 1 wouldn't hate all the cottage for the hose bed to step over Q Now, what time did you !earn flat Mery In had thin TIIU walk until between 12:15 and 12.30, in I wouldn't have front of the door and they would MR. CROEDURTMO:NAL1l.: 'Tr.:. only problem I have with that, returned molt 1:00 or 1.15. me. Q And was there a particular reason why you inept in Mel A When I returned to Keleme whkh f apprOXittinte be- your Honor, where we won't be in rienution, do I hove Q Was Mr. Crimmins there? tween quarter of 11 :CO and 1 1:15. I don't know. permisaion to have somebody come in and deliver lunch A Yes sir, I believe he wee sleeping, but I didn't see hint. location More? A There war no plum else to deep. Q Did Mr. Gorgon tell you of the accident at Karam"? In her. Q What did you do at that time? A 1 didn't learn of it first from Mr. Gingen; I learned of it THE COURT: There will he somebody, yea. A I walked egain to the right with Mr. Tretter to look for Q And were you sleeping On the floor? A Yes, sir, In front of the door. Intro Maryellen. Nance and Esther. MR. 1ELLER: I have made arrangements. There is the rest of the people. Q How many others dept mu the floor? Ci What did they tell you? somelody them. Q Did you Fuld anyone? A Two others. A They told me there lied heart an accident. MR. REDMOND: Okay. A No, ed. Q What kind of an accident? MR. DINTS: We will break until when, your Honor? 0 Yon found no one? Q Who were they? A Mr. fiergan end Mr. Trotter. A That the car had gone off the Midge and we didn't THE COURT: 1:30. A No, sir. Q Now here you ever slept on the floor before? know where Mary Jo was. MR. INNIS. 1:30, yea, your Honor. Q And how long did you walk the second time? A Yes Or. 13 Did they tell you who wee driving? MR. REDMOND: Thank you, your Honor. A An about on hour. A Yee, ale. ( i talr'elt.)12:24 o'clock p.m., the luncheon recess Q And what time did you return to the cottage, do you Q When? A Pajama paned from the time I was eight. 0 What did they my? wrisrher know? Q Now, did you look for Mery Jo in the morning? A Told me that Mr. Grogan had told there thee Mere war A I believe grout 2:00. A Weil, by the time I retirmod to Kataron we learned that an accident, that Scooter Kennedy had driven off a AFTERNOON SESSION Q About 2,00 o'clock? there had been the accident. bridge; that we didn't know where Mary Jo wart. I I;30 P.m] A Yes, sir. 0 And at that time you didn't Snow where Mery Jo was? Q New, did you find anybody at the cottage at that time? Q Who told you that there lead been an accident? A The girlie when 1 returned. I returned separately from A No, I didn't. TESTIMONY A Yes, dr. Name end Maryellen and Esther. Q How long had you known Mary Jo Korsockne? OF Q And can you tell eM who was at the cottage? , why yen returned separately? A 1 mime to Senator Robert Kennedy'. office September SUSAN TANNENBAUM Everyone bad returned to the cottage. Q Wan there a reader A sir, because I left earlier, of 1967 and I have known her since then. Q Everyone had piturned; had Mary Jo returned? A Yea, 13 You left cortier7 0 When you roomed to the cottage either after your bled Before: A No, air. or second walk, you raid you found no one in the lion, !emu A. Boyle, Justice of rho Edged town Patriot Q Had Sailor Kennedy returned? A Yes, sir. And where did you go7 cottage? Court A No, dr. A No, dr. Emmet: any conversation onmerning the A 1 went to the Shiretown Inn. (j. Now, had you heard Q Did you look around for those who had been In the whereabouts of Mary In or Senator Kennedy? Q You went to the Shieetown Inn? Edmund Dints, District Attorney for the Southern Die- A Yes, dr. cottage? trich of Maamclimette, A I did ask Mr. Gorgon, Q Did you see Senator Kennedy them? A No, I just walked tn, toot a look. II wee e very small Armand Fernandes Amin-tent District Attorney, Q And whet did he tell you? cottage. I didn't see anyone, no I mid there was no one Peter Coy, Auidant District Attorney, foe the Common- A He said that not to teeny about it, that Mary Jo and A Yee, dr Q And did you talk to Senator Kennedy? litre. Why duel we go Nee Where they Went. I assumed wealth. the Senator had probably taken the ferry. they were walking. Q Not to worry about it, that they had probably taken the A Na, Its. Q gni you did see him? Q Dud you look for them? Daniel Daly, Sr., Esq. ferry? A 1 observed him standing on the balcony- A Walked back down the road. Pau/ Redmond, Esq. A Yee, dr. I) Did you find anyone? for Sumo Tannenbaum Q Did you - was there any further conversation with Mr. Q The balcony of the house? A Of the Stdretown Inn. A No, sir. Grogan about it? Q Pardon roe? Q No one at all? Thomas Teller, Clerk of Courts A No, dr A 01 the Mace ha was slaying, the Shketuwn Inn. A No, eat Dubin S. Tyra, Temporary Court Men Q That Is all? Q Did you see Mt Markham there at any time? Q How fur may from the cottage did you walk looking Sidney R. Lipman. and Harold T. McNeill, A Yes, air. for someone? Gerson A I traveled with Mr. Markham end Mr. Grogan from the Official Court Stenographers. Q Now, did anyone else hem Mr. tell You that? A We walked to the right Mimi the main roadway, along A I don't believe eer 1 was tailing direelly to Mr. Gorgon. cottage to the Shiretown Inn. Q 13k1 they tell you what had happened the night before? Leveret side roadways Edganown, Messechusette Q And you were talking directly to him? Q A No, dr. And found no one? Thursday, January 5,1975. A Yea, dr. A No, sir. Q And thin was sometime around after 2:00 am. in the Q They did not't A Ito, they didn't Q And how long were you epee from the tentage at that LOAN LANNEN1)41:174 Sworn morning? Q Well, did you ask them about anything? moment? EXAMINATION BY DINIS: A Yee, sir. A No, sir. A I Would say another hour. Q Will yea gine the Coon your rum? Q And whet happened then, what did everybody do? Q You were gone for o complete limo? A Susan Tannenbaum. A Everyone trial to fold name place to en to sleep. Q What did they lelk about? A I didn't wet unit them. We ktrtved at the Shirai:sten A Yee, sir, f think en. I don't know. Q And where do you Ilvat Q Did you plan on *ending the evening at Chappaquid- Inn and the two of them left In the left and went op to Yes are not sem? A Waddegton, D.C.. dick? Senator Kenuedy't room. A Not of the mulct time, no, sir. Approximately an hour. 0 And what is your meet Mideast? A No. de. Q 1 know, but you did drive In an nutomotele, did you Q Were you with someone? A 3410 Prospect Street, North West. Q Or the right? not? A Mr. Teener. Q And your accordion? A No, sir. Q Were there any automobiles in the yard at the time? A I am on the staff of Conception., Allen K, Lowenstein, Q Did you make any Mowry so to why you had to mend A Oh, yes, but we didn't discuss il. Q Didn't &nose egyibing? A In the yard, I didn't observe any. Q Of New York? the night there? A No, teething of consequence, only about being tired. Q You didn't abeerve any? A Of New York A Well. I knew by that time the ferry had stopped run- Q And who was tired? A No, dr. Q Directing your intention, Minn Tannenbaum, to July ning. MR. INNIS: No further questions, your Honor. I /Oh and 19th of 1969, did you visit Martha'. Vineyard Q You knew that the ferry had stopped 'inning? A We were all tired. Q And why were you tired? THE COURT' You are teemed. and Chappequiddick on that dote? A Yee, sir, - 114 - — 115 —

j, ■.W■=,■•••••••■•■1r7 .-"---peetd141iwnwerei=--titeein-wellth. Q And did you arrive on the 18th, a Friday/

A Y., I did. •

A Yes, I did. Q And did you to to the Kutarna Motel? A Yes.

Q A Yes.

0 A Yea.

A I do not understand the question.

Q Yen, on a Friday. A Can you explain - do you mean the day I arrived?

Q You arrived on 'Iltursday, the IlthT A I our sorry. Q Well, that is all right. MO take your lime. When did you A [No reeponse.I

Q May I ask you this: When you came to Murtha's Vino-

A Are you discussing Martha's Vineyard? What date did

Q Yes. Did you arrive uo a Friday, do you remember that? A Matihe's Vineyard now we ere talking about?

Q Do you remember bow many days before Mary Jo died? Q Do you remember the date A l do not remember.

A No.

Q You arrived on Thursday? A I arrived

A Yes,

A I did. 1 pureed with Min Newburgh, Mien Keough and

A Yes.

0 Did you stay overnight them? A I stayed at the Kalama Shorn. Q Now, the next dey did you A I did.

Q Was it some time around noontime? A Yea. Q And later that dey did you witch the races front a A Yea

Q Now, in the evening of that day which was Friday, the A Yea.

Q Anil when you went to the CheppaquiddIck cottage did

A Yes.

Did you come over by ferry, by steamship? Q And who was there?

A Yes.

Q Were there others? A Senator Kennedy was there. Did you cheek in there?

Q I see, and in your group when you arrived them, who Did you go to a beach that day In the morning?

And did you go to the End Beach at Cluippaquiddick? A Mr. Crimmins was there.

A Miss liopechne, ha Newburgh, Mise Maryellen Lyons,

Q Now, the purpose of going to the cottage was 10 have a

Q And, to fact, someone did rook some food arrive/ A Yes.

repeat the question.

you give me? I arrived - oh, I am sorry, you better just

Q 'Timm was also some drinkineg, isn't that A Yes. yard-

Q Some nodal drinking? A Yea.

Q Now, did you have any debut. at all?

A Yea. Q And hew many armka did you have? A Yen.

And did you come with anyone over to the island?

A Two.

A Yea. On Thursday?

Miss Kopechne.

And where did.you stay?

beach?

boat?

you find anyone there?

lath, did you then go to a cottage on Chappaquiddick?

Was in your grouV

Miss Nene* Lyons, Mr. LaRosa, Mr. 'trotter. Mr. Gamin. cookout. Is that cornet?

waa enjoyed there?

All evenmg?

Thursday_

have

occasion to go to a

no?

and

dinner

Q And what kind of drinks were they?

Q Was there an open her on a table with alcoholic hey. A I think they

Q A There was a table net up, yes. Q You didn't notice. During the course of the evening did A No.

A Yes.

Q Now, In talking to the Senator did you make any A Yea

Q And what Were your observation.? A Yes

Q A I remember that he had a drink in his hand. Q A No.

Q Futdon? A No, 1 do not remember.

Q Now, did Mary Jo have anything to drink? A I do not remember.

A I du not remember.

Q A No.

Q Did you take severarwalks?

Q Dow many? A Yea. A Except for occasional wall. I did.

Q Do you Ter-all the time of your first walk? A Two.

A No, I do notrecall the avant time, though I remember

Q They had already left the house?

Q Now, when you went out, did you go out into the A Yea.

Q And who went with you? A Yes

Q On that octuaion did an nutornotaile happen by and dow

A My

Q In a subsequent walk did that happen? A No. Q At no time did an uutrimobile pass where you were

A No. Q Now, you say that Mr. Gersten and Mr. Markham had erages set up for the purpose of your making your own A No.

Q Did you have . conversation with Mr. Osman? drinks? A Simply to ank if things would quiet down. A I win in the cottage when they returned. Q What dad you mean by that?

Q You were bleeping In the front room? Did you notice how moth liquor was available?

Q Were you sleeping In a bed? you hum occasion to hilt to Senator Kennedy? A i with sleeping lit the front loom. I woo trying to deep. Did you talk to Mary Jo Kopechne?

A Yes Q Ilad you planned on steyirm there the entire night? observations as to whether A On the outer part of the conch. or Q What happened to cause you to remain there that night? A No. Q And what caused you to miss the ferry? A I mined the ferry.

Q There ware no care available? A There were rot care to take us there. Q Did you min Mary Jo Kopechne? A No. Q Did you know that? ho Do you know what the drink was?

Q And what caused you to know that? A Yea A She wet not there

Did

You du not remember at all?

distinctly that Mr. Gorgon and Mr. Markham had left

before I began my first walk.

street, the roadway?

were with tee. down and make inquiry of you?

N and Mr. LaRosa or kits Lyons? walking and slow down and endeavor to talk with you already left. Did you nee them return?

you know what color 11 was?

cocktail?

you remain in the cottage that entire evening?

first

walk, Mr. LaRosa and Mies Maryellen Lyon.

were

Vodka and oink.

nut he was having

drink

Q Did you have any uanyermtion with Mr. Mehhaml Q Did you hear Q Dud you see the Senator atm? A No. Q None at all? Q Jun tired? Q Did he Mee you any reams a, to why he was tired? A f think he said this to Miss Newburgh and to me. A No, he seemed tired. A A No. Q Now, when Mr. Garp,an returned did you here any Q Did you make an inquiry at to her failure to return? Q I A No. A No. Q Q Winn was his appearance? Was he excited? A I overheard Mr. Markham my he was very tired. A No.

Q Now, do you recall the time that Mr. Gargan and Mr. Girl, who attended Mary Jo% lour parry. fL to ft) Itulernary Keough. Maryellen Lyons, Name Lyon.r, Saran

Q Would It be 2:00 •.m.1 A No_ A Yes_ Q I see. After that did you deep at all? A I do not know. 0 What lime did you arise in the morning? Q What timer A Yea. A No.

A Approximately 8:00- 1,30.

A Mid•morning. Tannenbaum and Esther Newburgh. offer

A ApprOXILaillely 11 :00.

happened/ nr thr Senator? No. conversation with him as to the whereabouts of Orrery Jo Markham returned?

any note of that? And

When did you know Mary Jo had died?

me.

4.4(s-

what about Mr. Gorgan's appearance, did you make

To whom did he say Out?

kit.

Grogan tell some of the girl. what had

lenibi.g.

r63

- l 1

"/'

/'A c.

▪

Q May we have that again? A I returned to the Kahane Shores. Q Choppaquiddiek. In the mooing? Q At what time? Q Where were you? Q A Mr. Gorgon. Q You heard thee Where did you hear IIT Q And from 7:30 to 10:00 you heard nothing about the A 10:30 • I I .013, at the Kellum. Shores. Q Dow many gots? Q Yds, Q Well, you Just roorwered yea. did you cot? A 0 Then you heard she was miming and then later A Ye.. A That is correct. A I did, bet I don't recall exactly where I heard It. So, it A I did not actually know if I heard she had gone back to A Approximately 7:30. A Yes, She other girls. A That is correct. A I don't - I don't - I just mw Mary Jo leave A Sometime late that afternoon. Chappaquiddick? A Correction. I only learned that Mary Jo wan missing. 7 - A I do not remember exactly. I think -

Do you remember who was present with you? Garvin told you she had died. Did he tell you how she she died? died? Who told you?

Senator's car to go hack to Kamm'? Pour

before you went an bed that Mary Jo had left with the whereabouts of Mary Jo? Was anyone else present when Mr. Gorgon told you that could have been elsewhere. I can't remember. Whal lime dal you leave Chappaquiddick?

The four girls.

E72. —

girls. Did you hear sometime

wocci

71,3

ffu

hack

stA

at the cottage

Mr. Q How long have you known - how long had you known

Q Had you worked with her? A Approximately a year.

A Yes.

A 1 first learned that Miss Kopechne was missing. Then I

Q When you observed - did you Q Did Mr. Gargan tell you this? Well, do you remember?

() You:did not? A I do not remember.

A No.

Q Did A No.

A Yea.

Q Did you learn why Mary Jo

A I do not know. I Just turned around and saw the door

Q Did Mary Jo have any conversation with you as to why A No.

A No. Q Did alit complain to you Hut she wasn't feeling well?

A No. Q Do you know, do you recall what time Mary Jo left the A No.

A I romember looking et my watch at twenty.five of Q She bad already loll?

A That is right. Q Was it • short time? A No, I do not Q Do you have •0 opinion as to how much Mary Jo drank

Q Do you have an opinion as to how much the Senator A Yea. Q Now, with regards to their condition when they left, A

Q And Mary Jo Kopechne? A No.

A Ile certainly seemed rob.. Q Quite definitely sober? A Quite definitely. yea.

A Yes; never bare I seen Mary Jo otherwise.

Mary Jo?

mid?

After 10:00 a.m. in the morning when Mr. Gergon told later learned that the

you she died, you tell

leave the collage?

Didn't they leave together? alum arid Mary Jo

Did

she was leaving?

house?

Do you know bow many minutet she had been gone/ 12:00 and Mary Jo, Miss Kopechne had left.

No,

Hurt night at the party?

had to drink that night?

with regatta to lobriely, do you have an opinion as to

the Senator's sobriety?

THE COURT: When Mary Jo and Mr. Kennedy left the

MR. DINIS: I see. No further questions, your Honor.

THE WITNESS: Yes, I new Mies Kopechne. THE COURT: You were ituide at the time? cottage lute that evening, you my you saw them go out THE COURT: Did you not believe that they were THE. WITNESS: That is right. the door?

TIIE COURT: Old you have any belief as to where they !raring the perry?

THE WITNESS: No. coming back Io Edganown7 You didn't think they were

THE WITNESS: I didn't know. were going?

Tim

presumed they were tun going outside as malty people THE COURT: Well. diving the course of the evening

THE WITNESS. I don't know, were?

you zaw other people leave to go outride, didn't you?

you see Mary Jo Kopechne leave the cottage?

you inquire?

I do not.

WITNESS: Thai is right.

COURT: I am talking about your belief. You

car

had been found.

you do not remember what he

wan

leaving?

set

Senator Kennedy

•

- 118 -

THE COURT: You didn't believe they worn leaving the

party permanently, them other people, am I correct in

11IE WITNESS: That Is right

[het?

THE COURT: And did you not have the same belief Tut:

know whet belief 1 had then. when you saw Mary Jo and Mr. Kennedy go outside here that they were not leaving the party?

THE COURT: Who wan staying In Mary Jo's room over

THE WITNESS: Mho Newburgh. THE COURT: Did you notice Mary Jo's pocketbook? THE WITNESS: No. THE COURT: That night In the cottage after she had left?

TIIE WITNESS: No. THE COURT: hasn't returned; hero is leer pocketbook; nothing of that '111E WITNESS: No. that evening after she had left? THE COURT: Nothing said about peculiar Mary Jo

nature mid? TilE WITNESS: No, no.

THE COURT: Were you not surprised to find out that gone ao you couldn't got back to Edgartovm? THE WITNESS: Yes, I was surprised. THE COURT: And were the other girls surprised, too? THE WITNESS: t don't know. Ti Ill COURT: Woo ,hero not wore discussion about It without your knowledge all your transportation had

THE. WITNESS: I had no discussion that I can remem- between you? THE COURT: Nothing said about, well, gee, this is ber. '1111! COURT: But no discussion between you and your THE WITNESS: I thought so. unusual to leave us stranded here?

TIIE COURT: Not even mentioning it? THE WITNESS: Not that I remember. friends? THE COURT: You are not accustomed to being des.. THE WITNESS: Not that I remember.

led in dill fashion, are you?

have anything further? MR. DINIS: Nothing further, Your Honor. THE COURT: All right, you me excused, and you may THE WITNESS: No. THE COURT: I hevo nothing further. Do you gentlemen

leave the courtroom and go. I oasume, right to hot friends. Now,

know of or have that you would Like brought here

MR. DINIS: No, your Honor. THE COURT: the courtroom? MR. FERNANDES: Noour Ilona...

proof of mane that you, Mr. Redmond, and you, Mr.

Daley, deore to make?

MR. REDMOND: At this time, no, we do not have any, your Hones. evidence that hos been brought in here to make sure THE COURT: Well, I very carefully tried to go over the and helpful to me, because 1 would feel that I haven't omitted anything that might be auilable

I will state that the Inquest hearing Is now concluded.

closed and thing that I didn't obtain; but I can't think of anything, Superlin

All counsel, of course, including the District Attorney

will he notified when the required report is filed in That there being

se stop.

(Whereupon, at 1:54 o'clock p.m. the Inquest was

concluded.)

WITNESS

Mllee

the Katona Shoses?

Mr.

the

Court.

all of us here now ere of the mine mud,

Dints, is there any other evidence that you

Inquest and then find out there was some-

Well, I would think, probably I do not

Wes

there evidence or testimony or offer of

it celled to your attention anytime

other buuneso. we will ortjourn this

very

badly if wo

illi0 then

the

Senato

Keimrv1y telex

form terrible accident Wale preorlIng river tenate ruhcornorj,tee beanies.

- 114 . _ arffir Ted pttriieti MHO night &Wear wile oi 5rnalor attends inquesi. Come where Xfary lu Gislo ,rowds gather as l'ar.1 Kennedy's 111-fated car LI Jur/cord near death bridge an Chri pm/qui-dr& tE

Senator KennedyfRear.11, wet hoer attends 'Waren! Edgariolen Police Chief, James Arena, gives newly/ services with wile Mild skier-hi-km Ethel. rampluini against Seetwor ra tomb of reporters Koperhae leave Lurrnw COMM, COurt ii.rISC, AlAtev 1,11111111{1, art tilt, at 11 ell,. :rig - / 20 - - 121 -

(11 The Town of Elgartown. which Is one of six town. on on town. six of one Is which Elgartown. of Town The (11

(3) (3)

and some measurements shown; shown; measurements some and

certain mimes and pieces should fast be relatively located located relatively be fast should pieces and mimes certain

exhibits. Although most testimony was given orally, some some orally, given was testimony most Although exhibits.

(2) (2) submit my report. report. my submit

County of Dukes County, In performance of the duty duty the of performance In County, Dukes of County

was accepted by effidavit effidavit by accepted was

the death of Mary Jo Kopechne, holden et Edgarlown Edgarlown et holden Kopechne, Jo Mary of death the required of me by Section 12 of Chapter 38 of the General General the of 38 Chapter of 12 Section by me of required

LAWS of Massachusetts. in the rustler of the inquest into into inquest the of rustler the in Massachusetts. of LAWS

January 5, 1970 to billowy 8, 1970 Inclusive. herewith herewith Inclusive. 1970 8, billowy to 1970 5, January

easterly direction for two and one-half miles, whence it it whence miles, one-half and two for direction easterly Chsppaquiddick has few roads. At the ferry slip, begins begins slip, ferry the At roads. few has Chsppaquiddick

approximately twenty feel wide, running in in running wide, feel twenty approximately

There are 763 pages of transcript and 33 numbered numbered 33 and transcript of pages 763 are There the main road of the island, with n white center hoe hoe center white n with island, the of road main the

small motor ferry which plys 'between two ferry dip. dip. ferry two 'between plys which ferry motor small or landings. The ferry dip on the Edganown side is is side Edganown the on dip ferry The landings. or

paquiddick by Edgartown Harbor, the distance distance the Harbor, Edgartown by paquiddick

transportation of vehicles and persona Is provided by I I by provided Is persona and vehicles of transportation

The The

island named Chsppuiddick. (Map, Exhibit 32) 32) Exhibit (Map, Chsppuiddick. named island

I, James A. Boyle, Justice of the District Court for the the for Court District the of Justice Boyle, A. James I,

Martha's Vineyard, includes a small, sparsely settled settled sparsely small, a includes Vineyard, Martha's

Its believed that, to aid in understanding this report, report, this understanding in aid to that, believed Its

near the center of town. (Exhihit 191 191 (Exhihit town. of center the near

which is partly obliterated at the Curve. The road is is road The Curve. the at obliterated partly is which

between being approximately five hundred fuel, and and fuel, hundred five approximately being between

macadam paved road culled Chanosouiddlck Rapt Rapt Chanosouiddlck culled road paved macadam

mainland mainland

of of

Edg

and and

artown is separated from Chloe Chloe from separated is artown

Dukes County, se se County, Dukes

included as exhibits. exhibits. as included

COMMONWEALTH OF MASSACHUSETTS MASSACHUSETTS OF COMMONWEALTH

James A. Boyle, Justice Justice Boyle, A. James

s s

general general

RfiPOR

(9) The Lawrence Cottage (herein caned Cottage) e. one- e. Cottage) caned (herein Cottage Lawrence The (9)

(B) Cemetery Road is a single car-width private dirt med. med. dirt private car-width single a is Road Cemetery (B)

(7) (7)

(6) (6)

(5) (5)

14) At the Curve, and continuing easterly, begins Dyke Dyke begins easterly, continuing and Curve, the At 14)

Inquest re Mary Jo Kopechne Kopechne Jo Mary re Inquest

T T

-half miles from the junction of Chappaquiddiek and and Chappaquiddiek of junction the from miles -half

The Krone& Oldsmobile is eighteen feet long and and long feet eighteen is Oldsmobile Krone& The

(Exhibits 15, 16, 17) 17) 16, 15, (Exhibits

hibits 10, 18) 18) 10, hibits

strong current where it narrows at Dyke Bridge. (Ex- Bridge. Dyke at narrows it where current strong

which runs northerly from the )unction of Chap- of )unction the from northerly runs which Pouch' Pond Is a salt water tidal pmel, and has a a has and pmel, tidal water salt a Is Pond Pouch'

eighty inches wide. (Exhibits I, 33) 33) I, (Exhibits wide. inches eighty

Cottage to the southeast corner of the island. Chap- island. the of corner southeast the to Cottage

Curves south and continue. in that direction past the the past direction that in continue. and south Curves

bridge or its approach. It spent Poucha Pond. (Exhibits (Exhibits Pond. Poucha spent It approach. its or bridge

road. There are no dim or aitifkial lights on live live on lights aitifkial or dim no are There road.

an angle of twenty-aeven degrees to the left of the the of left the to degrees twenty-aeven of angle an

Dyke Roads Roads Dyke

paquithlick and Dyke Roads. fFshibits 16, 22) 22) 16, fFshibits Roads. Dyke and paquithlick

7, 8, 9, 10) 10) 9, 8, 7,

by ten inches wide, no other guard nib, and runs at at runs and nib, guard other no wide, inches ten by

Dyke Bridge, shortly beyond which is the ocean beach. beach. ocean the is which beyond shortly Bridge, Dyke

wide, has timber curbs on each aide four Inches high high Inches four aide each on curbs timber has wide,

Road or or Road

mony as as mony

wide, which runs a distance of seven-tenths mile to to mile seven-tenths of distance a runs which wide, formerly stood on that portion of It. (Exhibits 16, 19) 19) 16, (Exhibits It. of portion that on stood formerly paquiddick Rood is sometimes referred to in the testi- the in to referred sometimes is Rood paquiddick

Dyke Md. is • wooden structure, ten feet six inches inches six feet ten structure, wooden • is Md. Dyke

Road, a dirt and sand road, seventeen to nineteen feel feel nineteen to seventeen road, sand and dirt a Road,

Docket No. 15220 15220 No. Docket

Main Main

District Court Court District

Lhisoldroitse Road because a schoolhouse schoolhouse a because Road Lhisoldroitse

and and

Street and lifter it Curves. as School School as Curves. it lifter and Street •pposkintaiely three macs from the the from macs three •pposkintaiely (10)ProceedIng northerly from the Cottage. on the mat

0 o

(12)Shirelawn

general summary of the material circumstances is this: A group of twelve persons, by invitationEdward

nedy, a United Slates Senator from Massachusetts, were

gathered to ether rot Edgartown to attend the annual smiling regatta held on Friday and Saturday. July 18 and 19,

1969. They mete

(MI hereafter referred to by surnames)

asxociaied together In Weshington. D.C. and were quite

roomed with Newburgh. Crimmins, chauffeur for Kennedy done friends. Kopechne shared a Washington apartment stay at Katama Shores, in three double rooms Kopechne with Ann Lyons. Reservations hell been nude for then, to

when he was In Massachusetts, drove Kennedy's black Olds-

and guyed at the Cottage. Trailer, who btoughl some of mobile :edge from Boston to Martini's Vineyard an Wed- nesday. July 16. He brought a supply of Moor with him

Shlretown. LaRosa, who brought his Mercury ear, came

Thursday and Mined the inure with Trete,. Gargan and

the young women, arrived tote Thusaday and stayed at

and moron toget Markham sated Kennedy's boat to Edgattown on Thursday

plane on Friday,

airport, and was driven to the Coonge. Kennedy shined a

loom at Shirctown with (larger. The Lynne Milers arrived

Friday morning and wale driven by Gargan to Kati..

moored to Me Cottage to gay with Crimmins for Friday Shores. Markham, who stayed at Shiretown Thursday night,

and Saturday nights. Kennedy, with

tail his boat in the regatta an Friday end Saturday

cook-out was planned for Friday night. Three cars were

available for general transportation; LaRnsa's Mercury, Ken-

nedy's Oldsmobile 88, and a muted white Valiant.

ferry slip. (Exhibit 20)

Friday evening, they, including Kopechne, Merged to the ited the Cottage, Friday mooting, they. including Ko- reline, traveled over Dyke Bridge to the bench to swim; side of Chappaquiddiek Road. a Inatome of one-tenth

Cottage for the cook-out. Kennedy, who arrived at 100

m P.M. Friday and we driven by Crimmins to the Cottage, po

located approximately two miles front the Edgartown Cottage to clump. to the fury to nil m the race and, after Bridge to the beach to swim; he wee driven back to the was then driven by Crimmins over Dyke Road and Dyke xa

ferry shp.

one block.

the race, was driven beck to the Cottage. Thee wag oilier Kopechne or Kennedy. These are sat forth to indicate the trips between Edgartown and the Cutnge but pile in tance Errn use of, and increasing familiarity with, the reads on Chap- Although the tcatienorry is not wholly consistent, • chen-living room, Iwo bedroom, and bath, has an open

paquiddick.

yard, an telephone, and t near to and +Mlle from Chap.

of twelve had amembled there by eppraximitely 8:30 on Fridoy, Two can were available for transportation nu primilddick Road, which had little traffic. The entire group

Mercury WAS at the Shlrelown. Activate. consisted ail cook- Chappaquiddick, the Oldomotille and Valiant. LaRosa's

ing, eating. drinking. annvoisation, sineing, and dancing_

match, Available alcoholic beverages innaiated of vodka, ruin,

Ina. was Under the influence of liquor at any time. No arc The six young women, in their twenties, had been adutitted to more lion three drinks; mewl only to two an

John B. Crimmins

i Edward M. Kennedy Ann feign called Nonce) Lyons Joseph Oregon

Raymond S. LaRosa Maryellen Lyons Paul F. Markham

e Charles C. Treler nli

The Cottage became headquarters for the group and a

Thursday night, those present, including Kopechne, vis-

The Collage is small, contain,

toward the ferry landing.

and

Inn trailed Shlretown) is a very ahort dis-

—

lite Edgartown ferry slip, apptoximately

hear. Time was not much thinking and no

Curve, u

her at Sluretown. Kennedy arrived by

her

y 18, was met by Crimmins at the

Rosemary Keough

Mary Jo Kopechne

Esther Newburgh

Susan Tonnehaum

metal

Galion,

combination kit-

was entered to

arrow

)

Ken-

clisding

one

- 124-

Edgartown in the Oldsmobile to borrow a radio. Keough

respective hunts an Edgartown It was known that the hill at ire Cratere. The ethers intended to [alum 10 their left !ter pocketbook in the vehicle on that trip.

meld for a later trip could be nude.

return to Shiretown to bed, the Kopechne did not feel ferry trip was about rnignight, but that a special arrange-

mins (but no other person) that he was tired, wanted to

Milained the car keys to the Oldsmobile, and both Inc and

well (some conflict here - vet pages 32 and 3461 and he wan taking her bock to Kutaina Shores, tenanted and

Kopechne departed. Kopechne told no one. other than Kennedy, that she Will leaning. Korthne left her pocket-

book at the Cottage.

Dyke Road. instead of bearing left on the Curve to con- lowed the fetry, that when be reached the junction of

onto Dyke Road. realized at some point he we on a dirt

tinue on Cloppaquiddick Road, he mistakenly turned right road, but thought nothing of it, was proceeding it about

twenty miles per hour when suddenly Dyke Bridge was upon hint. lie braked but the car went off the bridge Into

shore. It was extremely dark, Hum was o strong current.

Poncho Pond and landed on di roof. The driver's window

and repeated efforts by him to extricate Kopechne from was open and lie managed to reach the surface

and, when recovered, walked back to the Cottage, not the car were unsuccessful. Exhausted, he went to shore

noticing my lights or houses on the way. Ile summoned

Gee. and Markham, without notifying the others, and

MO Markham unmecessfully attempted to woven

They returned in the Valiant to the bridge, whet< Gown

ductinaion, ti was decided that Kennedy would return to

Edgartown (no mention how) to telephone David Burka,

his administrative assistant, and Burke Mershon. an

torney, and then report the accident to the police. Ken-

nedy advised Gegen and Markham to return to the Cot.

and unexpectedly, Kennedy left the tar. dove into the tone but not to tell the othots of the accident. Suddenly

harbor and mom across to Edgartown. Garvin and Mark.

balm Tinnily returned to the Collage,

the others what had occurred.

Crimmins, the wane aaivtuen gradually diminished. The presented they had returned to Edgartown Snme persona absence of Kennedy and Runcornne won noticed but it was their purported destination unknown to anyone except

went walking. Only LaRosa raw Kennedy return at shout

gun

12:30 A.M. and lie, at Kennedy's request, summoned Cm-

the FM seal of the Valiant, and they took off_ When sleeping and the others, realizing they would nut return to Markham and Gorgon rettmled about 2.00 A.M., some were Only Crimmins and Markham planned to stay the night Owing the evening. Tretter, with Keough drove to

Edg,actown that night. then slept or tried to. Them out

being sufficient beds, some alert on the floor.

Edgartown rat different times. The young women evesnontly Bet ween I 1 :1 5 and II 730 P.M. Kennedy told Crim- reached Ketone, Shores and were then told what had hap-

pencil, although some of them had pinvitausly been made wore that Kopechne was missing_

dressed. went outside end complained to someone (late: to hia [11.1,M, took off his Wel clothes. lay Oil the hed. then

identified as the innkeeper, Russell Peachcyl of noire and

returned to bin roam and remained then' mild 7 Kennedy steed he drove down Chappequiddick Rood

to inquire the time. He was told it was 2:25 chatted with him for one-half hour, when Corps and

when he went outside, met Richards, r sating competitor:

Markham appeared f00111. When Kennedy informed them he hod tailed to report the accident, they all went to Chappiquiddlck to

called David Burke, his aditustiontrve amount. in Wash- me the mihhc telephone near the ferry dip and Kennedy

ington. Haul Exhibit 4, list of calls charged to Kennedy.

The three drove back to the ferry landing After much

After Kennedy and Kopechne had left the Cottage,

and Plitiklutm. who went to Kennedy, seated outside in

In the morning, those on the Cottage returned to

Kennedy, After awimmtng aCIOSI 10 Edgartown, went

and

the three retired to Kennedy's

but did not then tell

and

swim to

. A. A.

311 Alea

at-

lie

does not show this call.) Gargan returned to the Cottage to

joined by Gorgon. Examiner, was summoned and arrived about 9:15 ealL; I ee of a submerged Kopechne loon the car, and also found in the car the attempts to enter the Oldsmobile. Farrar, a scuba diver, scene, changed into swim trunks and mode several futile and a sample of blood from the body were turned over to pocketbook of Keough. The CIO was went to the Heileman Police Swine, and were later examined the body and pronounced death by drowning. and the body was embalmed and flown to Pennsylvania on Sunday for burial. body to his esinhlishment .1 Vineyard Haven. The clothing was aummoncd, found and trammed the body of accident as Markham the State Police for analysis. No autopsy we performed tell thane there about the ecidnut Kennedy and Markham Station, Chief Arerw tam at Dyke Budge. He returned to turned it over to Eugene Erich, a mortician, who took the

did not sign_ (Exhibit 2) the amen at Kennedy's nominee. Kennedy gated he was the operator of the car and dicteled a Pennsylvania, for exhumation and autopsy on the body of Court to, and was sentenced on. a communal charge of Kennedy made a television statement to the voters of injury, without making himself known." The Sallic night, (Exhihit 31) Kopechne, we dented after hearing. Expert evidence woe 'leaving the me tic of on neciaent after musing manna]] Court of Common Pleas for Lucerne County, Matrachusetts. (Exhibit 3) hopped, hacked op. and have easterly on Dyke Reed. Ile Kopechne showed blood gains, but medical evidence introduced that chemical melysh of the himuse warn by typed the statement which Kennedy said was corr.; but heck of the rear rent which he thought could have been a crooned In front of hint pnquiddick Road to his home about 12:45 on Chappaquiddick. was Main; tamely on Chap- proved this was INA Meting/tient with death by drowning colored with Manachusetts registration ph. L7--7. He saw two Denton in the front mat a shadow on the shelf

was unlade in remember any °then numbers or how many

bag, article of clothing, or a third person. The car was dark

and IS. 1964, of all dark tailored can bearing Mas- determine- whether cannot positively identify it as the same car he raw al Kennedy Oldsmobile when it was towed to shore. but he 1101.1,0 called "Dyke House," then °crusted by a Mrs Maim other cars within that registration group. (although It 19. Al he approached the junction of Dyke Road,

=tinselly plates with any evil ail erunbinutions ul number there were intervening. Later that morning, he saw the The attempt disclosed that it would not be feasible to du beginning with L7 and ending In 7, would be practicable. was outuited through the Revery of Motor Vehicles to nesses) would not attar the findings in this report. this since thee would be no assurance that the end result would be helpful and, In any eyeut, the elimination of all 12;45 &LI During the inquest • preliminary investigation would seriously affect the credibility of some of the wit• before midnight but are not sure of Its direction. The and het daughter (Eohiblt 181 Both heard a car sometime affidavit as to the condition of Dyke Road And Dyke and abrasions of the scalp, acute cervical strain. Impairment of Judgment sod confused behavior are consistent with this seq_l daughter turned off lane light at midnight. (Page 593 et

19 and 22. Diagnostic opinion was "communion, contusions

type ut injury." (Exhibit 27)

Dr. Ronald R. Mills of Edgartown. Associate Medical

At about H:20 A.M. Police Chief Arena, receiving no. On July 25, 1969, Kennedy pleaded guilty in this

When Kennedy and Markham arrived al the Police

A petinon by District Attorney Edmund Dinh In the Chriatopher F. Look, Jr., a deputy sheriff then living

Eugene l). Jones, a prolamin.' engineer, Medico.' by Ur Watt and Brougham examined

A short disionoe before Dyke Bridge. thee it II email

car

tracking of the location on July 18

wrote

ill Dyke Bridge, hurried to the

and

it down. Chief Arena then

mitered Cemetery Raid,

later

statement of the

Kennedy

lowed to shore

A.M.

on July

un July

cat

- 125 -

elVillMtm="*-7

and one-half to One ounces of eighty to ninety proof liquor Bridge st night. with film gnawing the results of such test. motor vehicle. on high beam light, approaching Dyke Inc., testified by affidavit (Exhibits 20, 30) Bridge and concluded that the site Is well below Approved (Exhibit 28) shout October 10, 1969 doer/Mug the rectors involved in a engineering standards and particularly hazardous al night. sample taken from the body of Kopechne, testif 0/ whether nr not it would have been of any ineteriai help, searching for Kopechne. whether exenxed by his condition. alcoholic content was 09 percent. the equivalent of three

stomata as unified to by the WillItalta. shown, dues not constitute criminal conduct, consumed by a person, weighing abnut our hundred ten

if consumed within a longer period. pounds, withal an hour prim to death, or a larger mnount lrildilliallS m 1he testimony, which a companion of indi- Inquest "the inquest serves as orn aid III the achievement of III. Denth can caumil indicate coch one. bias not been permed because such failure, even when • purely speculative. comestible bow long Kopechne might have: lived, had such the immersed car, testimony was not sought or allowed Court said m tin decision concerning the conduct of this reasonable men would draw from caperiencm" eon whom invcatipting judge may himmh issue process against a her- person whose unlawful act or negligence entices to kern ability." Volume 29 American Jurisprudence 2nd Pakten= required of the commission of any unlawful act, I reject same Court mid 'It is designed merely to mcertain facts menmment of the hearing. the Massachusetts Supreme vidual testimony will show. It is not feasible to attempt to been committed." in jI/Slive by obtaining infunnutton silo whether •Crillic has Inference is nothing more then a probable at natural for the purpose of subrequent prosecution" and contributed to Kripechne'a death An I stated al rho cam- fumble inery Corporation, I quote from the cam of cepted experiences of mankind anal the inferences which doubt" applied in criminal truism but um as A standard the the cardinal principle of "proof beyond B. permits me to draw Inferences, known as presumption of been proven. The basis principle of "probable planation A. Section feta, from the Icatimony. There etc leveret definitions and 573

IL Deaths prohobly occurred between 11:30

1 The decedent is Mary 3o Kopechne, 28 yens of age,

condition existed, as the could only he conjecture and

Donald L Sullivan, an employee of Arthur D. Little, - This concludes, in substance, the menial mrcum- Slate Police Chemist McHugh, who analyzed the blood

last resident In Waithington, D. C. The Gillum of Kennedy to seek odditional assistance In

The motor vehicle was owned and operated by Edward Since there was no evidence that Any air remained no I Ina my findings as follows: The statute states the I must report the name of any Bridge, overturned and was immersed In Pouchy Pond. Dyke Bridge on ChappaquIddick Island in the Town of As previously ruled, them are inctenistencies and COn- Edgartown, Massachusetts, when a motor vehicle, in M. Kennedy of Renton, Manuclioseint.

Therefor, in guiding myself as In the proof herein

assembly of the sunup al Edgartown. "A pretumption of foci at an inference which a lea- I find those facto. winch the decedent one a malicious, went off Dyke 18, 1969 Kennedy War the host and mainly responsible for the

Kennedy was rooming at Shiretown with Garvin. his

hive shn used the rule, applicable to trials, which

man would drew frnm certain facts which have

probable

of fact.. and snarl from the commonly ac-

gate, in earl, "A resumption of fact or an

and

1:00 A.M. on July 19, 1969.

118 Mass. 166,

guilt ia disclosed." (Emphasis added)

laChannette

bYthawning in Poucha Pond at

Commonwealth

in logic sad Its wooee is prob-

In a road tent conducted an or

decided

United Shoe Mach-

vs.

Green,

P.M.

In 1945, the

reasonable

on July

294 Pa.

d the

ex- the C.

D. h,. The young women were close friends, were on Mar-

G. Kopechne told nu Jam, other than Kennedy that she

F, Kupechne roomed with Newburgh, the latter having in

I, It was known that the ferry ceased operation about

totality of the above facts Is that Kennedy and Kopechne did not intend to return to Edgartown at that time; that L.

rum onto Dyke Road was Intentional Ilea* reached this

Kennedy did not Intend to al.' to the ferry dip and hia icle. was anything criminal in his operation of the motor veh- conclusion, the question then arises as to whether there

cousin and Ouse friend of many years.

nedy on nil other acendona herein net forth. and was years and rarely drove himself. Crimmins drove Ken- Kennedy had employed Crimmins as chauffeur for nine

available at the time of the fatal trip.

Slane town and requested the car key. Kennedy told

tha's Vineyard for a common purpose as a cohesive turnip, hut possession the key to their room.

was leaving for Katona Shorn and did nail ask New-

burgh for the Kopechne left her pocketbook at the Cottage when she drove off with Kennedy.

tater trip. No such arrangements were made Ten of the persons at the cook-out did not intend to

midnight and epeeist' arrangement. must he made for a

Only the Oldsmobile and the Valiant were available for

remain at the Cottage overnight available for use. transportation of those ice, the Valiant being the smaller can.

LaRosa's Mercury was parked at Shiretown and was

I Infer a reasonable and probable explanation of the

and

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gineer's statement lExhibit 291, and other evident.e. I ant

fully convinced that Dyke Bridge constituea a traffic extreme caution. A speed of even twenty miles per hour, a.

hazard, particularly coat night, and moat he somoached with

Kennedy testified to, operating

vehicle constituted .criminal conduct. moblie, would at least be negligent anti, possiltly, reckless. Paqmildick Road three times, and over Dyke Road and If Kennedy knew of thh hazard, his operation of the paqulddick Road five times and over Dyke Road and Dyke Bridge twice. Dyke Bridge twice. Kane...tom had been down over Chap-

that lay ahead of him on Dyke Road but that. for Oman reason not apparent from the testimony. he failed to exercise due cure as he approached the bridge. IV. I, therefor, find there is prnhable cause to believe that

February IR, 1970

Justice .IAMFS A. BOYUJ

Prove two personal views, which oorroltotate the En-

Earlier on July Id, he had been driven aver Chap-

I believe It prohnblv that Kennedy knew of the 'ward

Edward M. Kennedy operated his motor vehicle neg. bgently on a way or In a place to which the public hays to have contribtned to the death of Mary lo Ku-

peclute.

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