RE DUCED AT TEE NATIONAL Rcfcrezce cc;y, JF~ C-l k CRIMINAL DISTRICT COURT PARISH OF ORLEANS STATE OF LOUISiANA * * * * * * * * * l + l STATE OF LOUISIANA * * 198-059 versus * 14:26 (30) * SECTION "Cm CLAY L. SHAW l * *********** EXCERPT FROM THE PROCEEDINGS OF TUESDAY MORNING, FEBRUARY 25, 1969 BEFORE: I THE HONORABLE EIlWARD A. HAGGEWY, JR., . JUDGE, SECTION "C" Dietrich & Pickett, Inc. swptkfb 333 ST. CHARLES AVENUE, SUITE 1221 NEW ORLEANS, LOUISIANA 70130- 522-3111 ICC- -. Ir R Rcfctexe CC;~, jpx csl ._ 1 --e-eINDEX f;f 2 mmss DIRECT CROSS REDIRECT RECROSS 3 DEAN A. ANDREWS, JR. 7 17 4 6 ---EXHIBITS -em-- 7 EXHIBIT NO. IDENTIFIED OFFERED RECEIVED 8 S-67 2 2 9 -71 2 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s Refcreace cc;y, JF~ csl I_ ?h. Wl 1 AFTER THE RECESS: 2 i : 2 MR. OSER: 3 At this time, Your Honor, the State wishes 4 to offer, introduce and file into 5 evidence that which has previously 6 been marked for purposes of identi- 7 fication "S-67" and "-71," the two 8 reports signed by Colonel Finck. 9 MR. DYMOND: 10 I call Mr. Dean Andrews, please. 11 THE COURT: 12 Mr. Zelden, have a seat like everybody 13 else. 14 MR. ALCOCK: I5 May we approach the bench? 16 THE COURT: 17 Yes, you certainly may. 18 (Discussion off the recor?,) 19 THE COURT: ‘0 Sheriff, take the Jury in my chambers for 2: a few moments. 22 (Whereupon, the Jury was removed.) 23 MR. ALCOCK: 24 Your Honor, I would respectfully request 25 this court to first ascertain whether 1 or not Mr. Andrews has an attorney \ _ . .. t present in court with him, and if he 3 has, to have his attorney advise him 4 of his Constitutional rights, and if he has not, have The Court advise him 6 as to his Constitutional rights or 7 the fact that this man has been con- 8 victed for perjury on this matter, 9 .that case is presently before the 10 Louisiana Supreme Court and there is 11 pending another perjury case dealing 12 with this same subject matter. In ‘\ 13 all fairness fo Mr. Andrews, I think . i 14 he should have advice of counsel. 15 THE COURT: 16 Do you have an attorney you wish to be 17 present with you before we proceed 18 with this matter? 19 MR. ANDREWS: 20 My attorney is present in court, Your ‘1 Honor, Mr. Michael Barry. He is my 22 associate in the practice of law. 23 THE COURT: 24 Is he present in court? i 2! MR. ANDREWS: -. c- *., Reference CC;~, JF.T c-l .-- - 1 Yes, Your Honor. t 2 THE COURT: 3 . 3 Step up, Mr. Barry. 4 Just have a seat here for a 5 moment. 6 I would like to make a prelimin- 7 ary statement. 8 As you well know -- just have a 9 seat there, sir. As you know, the 10 fact that you are called as a witness 11 in a case, that does not all of a 12 sudden take away from your 13 Constittitional privileges under the -.-3 14 State Constitution. YOU cannot be 15 forced to incriminate yourself by 16 answers. Under Louisiana jurisprudent 17 you cannot be asked have you been 18 arrested or charged, you can only be 19 asked have you been convicted. The 20 fact that you are on appeal, I will 21 not permit the question to be asked 22 have you been convicted because it 23 is not a final matter, it is still in 24 the process of being appealed. 25 With respect to other matters Reference CC;~, JF.I csl 1 that you know as a factual nature, 2 that fs the question to be determined 3 whether you will or will not answer 4 these questions. You may take the 5 position on a given question that 6 you refuse to answer on the grounds 7 that it may incriminate you and 8 subject you to a future criminal 9 prosecution, I will have to rule on 10 it whether it will or will not, but 11 the question whether or not they can 12 ask you, a question of character, of 13 your credibility, they cannot ask you 14 have. you been charged or have you bee 15 indicted or have you been arrested, 16 the only question they could ask you 17 if have you been convicted, and I wil 18 advise both the State and Defense I 19 will not permit that question to be 20 asked of Mr. Andrews because the ‘1 conviction is not final. It is on 22 appeal to the State Supreme court 23 and could possibly be appealed from 24 the State Supreme Court to the 25 United States Supreme Court, so I wou I c Reference cc;y, jyx ,--I - 1 like to know if Mr. Barry would like i E 2 to confer with you to add to any- 3 thing I may have said. 4 MR. BARRY: 5 We have previously conferred, Your Honor. 6 THE COURT: 7 Do you feel that Mr. Andrews is ready to 8 proceed with the trial? 9 MR. BARRY: 10 Ready to proceed, Your Honor. 11 THE COURT: 12 You will be in the Jury's place there, 13 just have a seat here (indicating). 14 MR. DYMOND: 15 We will have no objection to having 16 Mr. Barry sit along the side of 17 Mr. Andrews. 18 MR. ALCOCK: 19 Before you bring 'the Jury back in, I would 20 like one minor clarification. I will 71 certainly abide by the Court's in- 22 struction that I may not ask this 23 witness whether or not he has been . 24 convicted because this conviction is 25 on appeal: however, the Court is not 1 making a ruling to the fact that I 2 may not go into the subject matter 3 of that conviction? 4 THE COURT: 5 I did not state that. 6 MR. ALCOCX: 7 I just wanted to clarify that. 8 THE COURT: 9 We can get another chair. Don't we have 10 one here? 11 (Discussion off the record.) 12 THE COURT: 13 Let the record show that out of the 14 presence of the Jury the witness has I5 been advised by The Court of his 16 constitutional rights and is in 17 attendance with his attorney, 18 Mr. Michael Barry. 19 You may proceed, Mr. Dymond. 20 . ..ooo... 21 DEAN A. ANDREWS, JR., 22 having been first duly sworn by The Minute Clerk, wa' ‘3 examined and testified as follows: 24 DIRECT EXAMINATION 25 BY MR. DYMOND: 1 Q you are Mr. Dean Andrews? 2 A I am. 3 Q Mr. Andrews, are you an attorney here in the 4 City of New Orleans? 5 A I am. 6 Q HOW long have you been engaged in the 7 practice, sir? 8 A About 18 years. 9 Q Now, Mr. Andrews, referring to November of 10 1963, and more particularly the 22nd and 11 the days immediately thereafter, did you 12 have occasion to be confined in the 13 hospital here in New Orleans? 14 A I was confined to Hotel Dieu Hospital, I be- 15 lieve I had double pneumonia. 16 THE COURT: 17 You don't have to volunteer too much, jusl 18 simply yes or no. 19 THE WITNESS: 20 Yes. 21 BY MR. DYMOND: 22 Q While in Hotel Dieu Hospital, Mr. Andrews, 23 did you receive a telephone call of an 24 unusual nature? ' ‘5 A Well, I received a telephone call. 9 1 Q Would you kindly tell US from whom you receive< 2 this telephone call. 3 THE COURT: 4 That presumes he knows, does it not? 5 BY MR. DYMOND: 6 Q If you know, Mr. Andrews. 7 A May it please The Court, I have to take two One -- 8 objections to that question. 9 THE COURT: 10 Mr. Andrews, speak a little louder. We 11 have to get it in the record and we 12 have to hear it. YOU may make your 13 statement. 14 THE WITNESS: 15 One, the attorney-client privilege, and, 16 secondly, an answer to this question 17 in relationship to the charge that 18 is pending, presently pending that 19 I haven't been tried on yet, might, 20 may. might, tend, would or could 2i connect me with the link of circum- 22 stances which would incriminate me. 23 THE COURT: 24 Let's see now. I have to rule on this. 25 He refuses to answer, one it would 1 violate the attorney-client relation- : : 2 ship and secondly it could-tend to 3 possibly incriminate him in a 4 presently pending charge. Is that s it? 6 THE WITNESS: 7 Yes. 8 BY MR. DYMOND: 9 Q With respect to any telephone calls that you 10 received -- 11 THE COURT: 12 I haven't ruled yet. I rule that the 13 objections that he made are good. 14 You may rephrase your question IS if you wish. You may pursue it in 16 a different vein. 17 BY MR. DYMOND: 18 Q The telephone call that you have said that you 19 did receive, Mr. Andrews, was that a 20 long-distance call or a local call? 21 A A local call. 22 0 And when did you receive it, sir? 23 A I don't remember the time.