MR. BUGLIOS1
SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES DEPARTMENT NO. 104 HON. CHARLES H. OLDER, JUDGE
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, 154 vs. No. A253156 CHARLES MANSON, SUSAN ATKINS, LESLIE VAN HOUTEN, PATRICIA KRENWINKEL, Defendants.
REPORTERS' DAILY TRANSCRIPT Tuesday, December 22, 1970
APPEARANCES: For the People: VINCENT T. BUGLIOSI, DONALD A. MUSICH, STEPHEN RUSSELL KAY, DEPUTY DISTRICT ATTORNEYS For Deft. Manson: I. A. KANAREK, Esq. For Deft. Atkins: DAYS SHINN, Esq. For Deft. Van Houten: MRNARRAUNNMARKs MAXWELL KEITH, Esq. For Deft. Krenwinkel: PAUL FITZGERALD, Esq.
VOLUME 154 JOSEPH B. HOLLOMBE, CSR., MURRAY MEHLMAN, CSR., PAGES 18,696 to le,938 Official Reporters
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1-I LOS ANGELES, CALIFORNIA, TUESDAY, DECEMBER 22, 1970 9:08 A.M. 2 --0--- .3 (The following proceedings were had in the chambers of the Court, in the absence of the defendants and the jury, all counsel being ptesent with the exception. of 6 Mt. Hughes.) 7
8 THE COURT: The record will show all counsel are
9 present. understand from, the clerk that the defense 10 counsel have indicated that the defendants wish to return, 11
12 the female defendants wish to return, to the courtroom.
•13 MR. FITZGERALD: That is correct. MR. KEITH: That is correct.
15 MR. SHINN: That is correct. THE COURT: And have affirmed their willingness to 16 conduct themselves properly. 17 MR. FITZGERALD; All three of the defendants actually 18 articulate that they would behave. MR., KEITH: That's right. 20 MA. FITZGERALD: When we came into court this 21 Morning the defendants apparently had lett word with one 22 23 of the Sheriff's personnel that they would like to see us.
24 We went to see them; they said they _wanted to return to
25 the courtroom, and we told them, we said to them, "Do you understand the conditionsl" And they said, "Yes, we will 26
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behaveto THE COURT1 All right, fine. Then we will have the 2 defendants broUght in first, and then the jury. 3, Anything further? 4 MR. FITZGERALD: Yes, I haire one short matter. Yesterday I told the Court that certain persons 6 were being excluded from the courtroom, namely one Sandra 0o0d. I attempted to secure her admission to the courtromthis morning and she was refused admittance by the Sheriff. Sergeant Maupin told me that there waa some controversy within the Sheriff's Office about whether or not she should be admitted to the courtroom, and I would ask 14 your Honor to issue an order that she be allowed to enter 15 the. courtroom. 16` I don).t know of any reason why she can't. 37
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MR. BUGLIOSI: She has been subpoenaed as a witness. 2-1 I The trial is not over with yet. There might be a penalty 2 S trial. MR. FITZGERALD: Are you going to call her? 4 MR. BUGLIOSI: I don't know. MR. FITZGERALD: I mean, can you make a, good faith 6 • representation to the Court? MR. BUGLIOSI: I doubt it, but you might call her, 8
9 Paul; right? During the penalty trial? I mean, a defense attorney might call her; right? I don't know, I0. MR. FITMRALD: It is possible, but it is unlikely. 11 I can't understand how this would, at this stage 12 of the proceedings, hurt anything anyway. I mean, we are a3 . only in the argument phase of the trial, Even if it is 14 possible that at some future time she may be a witness, it 16 • is hot, going to .hint anything for her to listen to the 16 prosecution's argument or the defense argument or the jury I.7 ' instruction. THE COURT: I donYt know what the problem, if any, Is. 10 I know the Sheriff has various problems with security, and 20 perhaps it has something to do with security, I don't know. 21 All right; ,Aliything further, gentlemen? 22 MR. KANAREK: Ye's, your, Honor. 23 1 Would just like to enunciate, just very 24 briefly, as to CALJIC 6 10,'6.11, 6,1'2;6.19 and, 6,20, .25 do object to those 4ury instructions. - 26
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ma. BUGLIOSI: I have two points, your Honor. 1 Number one, since the defendantswere screaming 2 out in.frOnt of the jury that they want to put on a defense, I couldn't see any harm in the Court instructing the' jury 4 that the defendants have a right to put on a defense. This is an obviOus fact, but I have always 6 believed in stating, the obvious to the jury. 7 They are In front of the jury saying: We want 8 to put on, a defense; they won't let us.. And 'it is always 9 possible that one naive juror might say: Gee, maybe they .10 don't'have a right.' Maybe the judge made some type of a
I don't see any harm in the Court just telli4g 13 the jury that the defendants have a constitutional right to 14 put on a defense. 15 I wouldn't request this of the Court if it 16 hadntt been for the fact that they blurted this out several 11 times that "We want to put. on a defense." 18 ag $0, I do feel that.the court should tell the jury that they haVe that right and that it is a decision tha 2O was made by the defense not to do so, but it was a volun- 21 tary decision. 22 I.R. KANAREK: I would object to any such instruction, 23 fz yoUr 24
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1 THE COURT: On what ground? MR. UNARM: On the ground, ,your Honor,. that what it 2 does, it invades GriffinVa. California, - 3 4 In Other words, it pinpoints the defendants not taking the witness stand.
6 THE COURT: It is pinpointed to the jury every tip* 7 they open their mouths. 8 MR. KANAR4K: Your Honor has admonished the jury that they are not to consider that for any purpose, any of these
10 matters, and it is a violation of the constitutional right 11 to a fair trial which is guaranteed by the Due Process Clause of the Fourteenth AmondMent.
• 13 TEE COURT: Zt hasn't anything to do with Griffin. • MR. UNARM: Your Bon0r, the point is that it pin- • 15. points the defendants not taking the witness stand. 16 THE COURT: They are pinpointing it themselves, 17 Mr. Kanatek, every time they open their mouths. 18 MR4 UNARM:, Your Honor has admonished the jury to that effect. Your Honor is,giving certain jury instructions 19 20 already that I have objected to, Your Honor has indicated 21 that. It is well covered. 22 THE COURT: You are way off the point, Mr. Kanarek. 23 In my opinion, it has nothing to do with Griffin. It has
24 to do, with the defendants continually repeating to the jury - 25 that they want to put on a defense when their counsel have rested, 26
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MR. BUGLIOSI: And to call witnesses. MR. UNARM: jncluding in that is their right to 2 take the witness stand as part of their defense, and in that
4 sense *it:invades Griffin vs. California.
S. 'E COURT : I sam not going to do anything about it at this point. What may te done in the future depends on • what the,defendants do ;,.atei,,pn.
8 The jury was present, and heard counsel say that the defense rested. They heard that I denit think anything
10 further had to be done at this time.
11 MR, BUGLIO$I The other point, your Honor, People's
12 • Exhibit 0, the big diagram, I will be referring to it today,.
13 There is no way the jury can see all the little markings
14 unless it is up close. It is going to be quite a job. Yesterday, bedause Of the inconvenience, I never
16 even Went to People's 8 several times. I just referred to it
17 It is tOo much of a hassle to go over there, and
18 the jury can't see anyway.
• 19 I am just wondering whether we should bring it
20 up close. It would cause a five or ten-minute delay to
21 move it up in frOnt of the jury. 22 THE CLERK; To see the details on that, you have got 23 to be this' close to it.
24 MR. KANAREK: Your Honor, I would have no objection to
25 that exhibit being put in a position, because I think --
25.
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THE COURT: Well, this is something for the People to decide. This is your argument, Mr. Bugliosi, if you want to 2 move it up close and can do so without disrupting the trial, or creating some other problem, go ahead and do it. 4. I don't know why we have to have a discussion about it. It is DO different from any other exhibit. 6 realize you have a problem, but I don't know 7 what the answer is other than putting it on the blackboard and wheeling it over there. 9 MR. BUOLIOSI: Okay, all set to go. 10 MR. KEITH: I would like to offer a couple of instructions. 12 THE COURT: All right. 13 MR. KEITH: - If the Court please, the citations in 14, connection with the special instructions I wrote out on the 16 second page -- unfortunately my secretary did not quite 16 execute it the way I wanted it.
MR. KAY: Do you have a copy for me?' MR. KEITH: Yes. 19 CALJ*0 ;4.22 is supposed to be given sui sponde. 20 - I Could not find it. 21. THE COURT: I will take this under consideration, 22 Ir. Keith. MR. KEITH; I don't intend _to discuss it now,. • 24 THE COURT:.4e'will discuss it, then, at some later 110 25 date 26
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1 (The following proceedings were had in Open
2 court in the presence and hearing of the jury, all defen- dants being present; all counsel are present except Mr, Hughes.)
5 THE COURT: All parties, counsel and jurors are
6 present, Xes, Miss Van Houten. DEFENDANT VAN HOUTEN: I have a motion I would like to make this morning. TEE COURT: What is the nature of the motion? DEFENDANT VAN HOUTEN: Change of attorney. THE COURT: This, is the same Motion you made yesterday.
13 DEFENDANT' VAN HOUTEN: W011,2 yesterday the woman 14 whom I wished to subsiitute,Mr. Keith for vas not prei642
16 . and I found out later on she was held outside the courtroom
16 until the option was denied, andlihertly after Mr. Bugliosi i. started his testimony shi was Iet=in. She Was here.
18 THE COURT: I am. not going lto hear it now. I will
19, hear you further when we take Up our recess this morning. 20 . , DEFENDANT VAN HOUTEN: I wish to take it up no W; your 21 Honor. 22 THE COURT: I am not going to hear it now. 23 DEFENDANTya npuat: I am going to take it up now.
24 THE COURT: Remo re Miss Van Houten from the courtroomk,
25 'DEFENDANT VAN HOUTiN: I am not going to fight yo t.
26 I will fight you, but not right npW. 1
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1 DEFENDANT XRENWINKEL: Why not kill us here now
2 instead of taking go, separating us and removing us in a separate room? THE COURT: Remove Miss Zrenwinkel from the courtroom. DEFENDANT ATKINS: Someone should bring you a bowl of
6 water so you can wash your, bands because --
7 THE COURT: Remove Miss Atkins from the courtroom. DEFENDANT ATKINS: (wbile passing jury) Anyone here
9 like more water?
10 THE COURT: Mr, Manson, if you don't sit down and
11 ' remain quiet you will be removed also, sir. Sit down.
13' DEFENDANT MANSON: l have been removed.
14 THE COURT: Assist Mr. Manson back to his seat.
15 , YOU may proceed, Mr. Bugliosi. DEFENDANT MANSON: You cannot be serious, Are you
17 actually serious? Art you people serious about this? Your
10' whole ConstitUtion; everything You found it on --
30 THE COURT: Removelolr. ManSon from the courtroom.
20 DEFENDANT MANSON: is the right of a man to defend
21 himself. (The f011eming proceedings were bad in open 23 court, ail the jurors and counsdcwith the exception of
24 Mr. Hughes, being present, the defendants being absent.) THE COURT: Were you able to get all of that Colloquy,
,26 Mr. Reporter?
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THE REPQRTER: 'Yes, your Honor. TU :COURT: You may proceed, Ni. 191A! Buziont' 6004 morning). ladies and gentlemen. 3 MR, KANAREK: Your, Honor, may we approach the bench 4 momentarily? ' t ' .5 THE 'COURT: No, you may 6 AR. BUGLIOSI: Yesterday, talking about Officer 7 DeRosa, the,firSt officer, the, fact he was the first officer who arrived at the scene on the morning of August 9th Saturday morning ..- Ma. UNARM: Your HOnor, X have a request to make 11 if I may. 12 May I sit where one of the deputies are 13 sitting so I may see this chart? -It is at an angle. 14. cannot see At. 15 MR, BUGLIOSI: I am not going to use it nOw. 16 MR, KANAREKi Oh, you are not7 .17 Thank you. MR. BUGLIOSI: As Pe Rosa left the premises he opened 19 up the gate to the Tate residence, or the Tate premises, 20 by pushing this button on the inside of the gate, by 21 pushing this button, activating the front, gate, and then 22 23 someone can leave the premises. As you notice, there is considerable blood 24 around, the button.. Whether or not there were any finger- '25 print4 on that button we don't know, but assuming there were, 26
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De Rost, placed his fingers •on the button.: Of course, that would have removed or obliterate 2 the fingerprint, .1caUse it WOuld have been a superimposure. • 3 Actually,. DeRosals primary .job there was to preserve the scene, but; as I say, if there had been a fingerprint there, the superimposure would have obliterated it. De Masa did testify that he did not move any- thing on the premises; that it was his job along with. 9 Whisenhunt• and Rurbridge to preserve the scene for the arrival of the investigating officers. 11 Going back just momentarily to Winifred 12 Chapman; 13 Mrs. Chapman. testified when she arrived on the 14 premises in the morning she noticed that the back door leading to the pool was also open. She did not, go back 10 there, but I think she looked through the entire length of 17 the residence and saw that the back door leading to-the 18 pool was open. 19 The reason this door was open, obviously, is 20 that Patricia Krenwinkel undoptedly chased Abigail Folger 21 Out this back door,-and I'm sure that when Patricia did 22 that she did not bother to comp. back to close the door. 23 3a
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3a-1 1 Katie had more important things to do, toy-wit,