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Multi You Hear Thorn Tatillinl, IQ DISTRICT ATTORNEY SUPREME COURT CIF THE STATE'OF CALIFORNIA THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff-Respondent, vs. NO. 30110 CHARLES MANSON, SUSAN ATKINS, LESLIE VAN HOUTEN AND PATRICIA KRENWINKEL, Defendants-Appellants. APPEAL FROM THE SUPERIOR COURT OF LOS ANGELES COUNTY •., ,• • - HON. CHARLES H. OLDER, JUDGE PRESIDING - • • REPORTER'S TRANSCRIPT ON APPEAL '1* 1. F 4 • APPEARANCES For Plaintiff-Respondent: THE STATE ATTORNEY GENERAL 600 State Building Los Angeles, California 90012 • For Defendant-Appellant IRVING KANAREK4 Esq. Charles Manson: For Defendant-Appellant DAVE SHINN, Esq. • Susan Atkins: For Defendant-Appellant LESLIE VAN HOUTEN Leslie Van Houten: In Propria Persona For Defendant-Appellant PATRICIA KRENWINKEL Patricia Krenwinkelt In Propria Persona J. Hollombe, CSR Murray Mehlman, CSR VOLUME 16 Official Rqporters 211 West Temple Street Pages 4501 to 4800 Los Angeles, California 90012 ARCHIVES 000002 -7,- 4501 1..02 return verdicts of first-degree murder against each of these 1 defendants. 2 I do not have to tell you folks the enormous 3 importance and magnitude of this trial. I also don't have 4 to tell you that it is going to be a long trial. As my 5 associate, Aaron Stovitz, has said, borrowing from 6 Tennessee Williams, "It is going to be a long, hot summer." 7 There is an old Chinese proverb to which I have 8 always subscribed to the effect that "The palest ink is 9 better than the best memory." Since this trial is going to 10 be a long trial with a great number of witnesses, I strongly 11 urge that you take notes during this trial so that later 12 on in the jury room during your deliberations you will be 13 able to refresh your memory as to what each witness 14 testified to. Without notes it is almost an impossible task 15 to remember even the highlights of each witness' testimony 16 much less the details. 17 Mr. Stovitz and I feel confident, ladies and 18 gentlemen, that you will give your whole, undivided attention 19 to all of the evidence at this trial so that you will be 20 able to give the people of the State of California and these 21 defendants the fair and impartial trial and fair and 22 Impartial verdict to which they are both entitled. 23 Thank you very much. 24 MR. STOVITZ: May we have a brief recess before 25 calling our first witness, your Honor? 26 ARCHIVES 000003 4502 MR. VITZGERAXD1 May we approach the bench? 1 THE COURT:, Yes,, you may Air. Fitzgerald, 110 3 4 8 10 11 12 14 15' 16 17 18 19 20 21 22 23 • 25 20 ARCHIVES 000004 4503 4e.4 i. (1.7hereupons, all counsel approach the bench and 2 the following proceedings occurred at the bench outside of the hearing of the jury3) 4 . , KR. mum; Your Honor, X make a motion. first that 5 - we adjourn these p3!oceedingt and have the court reporter 6 type up thlis opening statement so that we can edit it. 7 o not take shorthand. So that we can edit it and go 8 through and make precise points at this point to the 9 Court concerning the misconduct of the prosecutor in 10 connection with his opening statement* 11 • • He misconceives the purpose .of ant opening. 12 otatenento Re has first,. may I have a ruling on that 13 motion/ COURT: Yes« That 'motion will be dettlecl, NCR:. Then, your Honor, I ask that the Jury adMenished not to Jonsicier the opening statement for 17 any purpose whatsoever in View of , the fact that it c onteini 18 atZlitaert 10 an improper' ,openius statement, and • 19 including, his reference to roe about grows discourte0Y. • 20' " I ask' your o or t<11 admonish the jury' that none o that is to be can id *red for any purpose in 22' loonnection with the ease. 23 *re admonishment not. sufficing, X itok Eor 24, a intStriai because of- the pre judicial statements* • 25 MR). VXTZGERAtat I wilt join in the. motion for a -26 mistrial* ARCHIVES 000005 4504 M.. SUINN: Join. , 2 MIGHESt . oin.f. • 3 14R. ruzaplaill)t I think Mr. Bugliosi went beyond the perthissible, houndS in Outlining' for the jury the evidencel that his opening statement was argument; that It degenerated into nameasilitt and into drawing rather extensive evidentiary conclusions and, in that respect*. really invaded the `province of the jury. I. think that, in addition, contrary to his 10 representations to the Court that are contained at page 11 • 44,2 of the transcript, Mr. Augliosi did mention- the 12' .attempted Oemistion. of other offenses when he spoke in 13 his Opening statement of Linda Xasabian going with 14 Charles Manson and some of the other defendants to the location of Venice for the purpose a killing 'another 15 -laumOn being. 17 Furthermore, I think that he has suggested 18 to this jury that, these defendants are guilty of the ' 19 murder of an eight-and-ahalfiqrionth old foetus child. 20 Mr. Bugliosi is well aware that the 'California 2i• supreme Cpt_lt has recently ruled that foetus children 22 do not hare the states o human beluga and cannot be 23 murdered. 24 I think that for all. these reasons his opening 25 statement, is improper and I would join in Mr. Kanareki a 26 motion for a mistrial. ARCHIVES 000006 45q At the very least, I would ask that this jury be admonished that statements of counsel in opening 3 statement are Iltot evidence and are not to he considered 4 by them AS evidence.. Mt. SHIM Join. R. MAREK: I will join with Mr. Fitzgerald in 7 his comments, except with reference to his last statement. riven though X asked the Curt to do that, to admonish them, the fact of the matter is that what the to District Attorney has done is grounds for a mistrial, and. mere admonition will not do it. 12 'we ask for a mistrial. 43 411.101iES: X would join, your Honor, with both 14 Nr# Xanarekls motion and, Mr. Fitzgerald' s statement. MUNN: Join too. 16 • Ma. DITGLIOSIt. I 'represent again to the Court that 17 eye*. sIngl,a solitary thing we said, we are going to put 18 -on witnesses to testify to it. ,can use my own adjectives-. 21 2Z ;, ;3 '24 .24 . 26• ARCHIVES 000007 if%)6 1 For instance., witnesses will testify that, in 2 effect, Manson intended to just about take over the world. NOw, Z cat Ose the term nmegltmaniad° to describe that sitdation. With respect to other crimes* referring to the 6 HinMan murder, T never said that we are not going to offer any evidence of the Hinman murder at this trial. I said that mr, Stovitz and z had not determined whether we Were going. to offer evidence of the Hinman Murder. I certainly wadn't talkinaabout the conduct of the defendants on the 11 tight of the ta Bianca murders. 12 We intend to offer evidence that not only did 13 they go to the ChurChl. but theywebt to two other homes prior to going to the La 'Bianca residence. 14. • 15 at no 'time, meant to COnvey.that-we were ', -16 .not going to •offer evidence of the murderous conduct on the . 17 night of the La Bianca murders. Is THE COURT: I found nothing improper about the oPeOng- 19 statement except those specific portions which' I admOnish - 20 the jury to disregard. 21 Do the 4efendants wish to take an opening 22 statement At this time/ 23 MR. FITZGERALD: We would, in open court before the 24 jury, ask leave of the Court for the opportunity to reserve any opening statement, if we might. -26 - " THE COURT: 431l right. ARCHIVES 000008 1 Then I mill ask you that now before we reCes0; 2 and then the People Can call their first witness after the • 3 recess. 4 MR. SHINN; Your Honor, we have one more problem. 5 Some of the attorneys and the-defendants cannot 6 see the witness stand. 4r. Manson cannot see the witness 7 Stand from where he is- sitting. e THE COURT: He will; have to moto back to where he can 9 see 11t. 10 MR. SHINN; YoUr Honor, the edge 'Of the bench: biotka -11 the view 'c)fr, your Honor, .12, THE COURT: I can't help- that. 13: KR. SINN.- Your Honor; we have- a,right to .see- the .14 witnesses testify. 15 : TUE COURTS If you will wait aminute0.X will tell you. - . 16 He will have to moVe'baCk to where he can see 17 it. It is very simple. 18 (Whereupon; all counsel return tot their 19 reSpective places at counsel table and the following' 20 proceedings occurred in open court within the presence and , 21. hearing of the juryt) THE COURT:. Do the defendants wish to make an 23 opening statement at this time? 24 MR., YITMER4110; The defendants; all.Orthemt.your 25 Vonoro. would ask leave of the Court to reserve the making Of, .26 an opening statement until such- time as the prosecution ARCHIVES 000009 11508 has concluded'its case and the defendants begin their presentation. # 2 'ME COURT: Very-well. The Court will recess for 15 minutes. 5 -Ladie$ and4ntlemen1 reiind-you -that it is- yo duty not to converse-among yourselves or with anyone else 1 on any subject relating to this case bOr'to fortaor 7 express any opinion regarding the case until it is finally Submitted td you. < , .5 minutes recess. (Recess.) . 11 12.
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