# Appendix — Johnson v. United States > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385001_1484%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1971 - **Citation:** 401 U.S. 846 ## Text $ : 4 i PETITION FOR CERTIORARI FILED. MAY 18, 1970. "CERTIORARI GRANTED OCTOBER 19, 1970 4 re ” APPENDIX ~.- ° tan a ee aa 6 fp 9 oy ae “ a ° ; “ + Supreme Court af. the Huitgd States. eo "TOBER Tat 1 1970 hy y ce ° ~ Fy. Wi 6 . . ° ST No 6247 eed! ic * iz ; ine . rg Bannixcros JosePH JOHNSON, © 7g : ~ Petitioner, | * » : 1 « : ; : ’ “. . | Unitep Stages, a. ne oe ‘ ae Sie pee ecistasoaa te i 5 e ah oe * io . Re es , te ON WRIT OF CERTIORARI TO ‘THE. UNITED STATES COURT. OF _7 APPEALS. ‘FOR THE ee daca ot cl mins COLUMBIA edt \ x tra : ay al sf : ne f. ii cA .) Doe ket Entries sssedaeas 7 Teatec sok of Procecditigs on sesitnd tt Release on Personal. Bond, February. 10, 1967 Bonet TAT ie aioe * Transe ript of Teal Se edings; January, 17; 1968 ° a: O° "INDEX & . Voir Dire -xamination sees f ES PLE Ti Bias Keiielans sese@iceten en sally ae 5 7 estimony ‘of Luella: Essie ‘Mayes—direct EROS sa dieser s We 25 ey ea Transcript of Tyial’ Progeedings, ‘January 18, 1968 : oo baat Ag AR oe. eae KH e Testimony’ of —_— Essie Mayes-cross cgoetnneennees Gaidieenbeers & --- _ 4 : “? redirect. Al aN Pesto a Re aati IK : ; —recross ae piaapi ees aa ny ecgren oem Pe 5 "redirect: Tiago EE eae ca esate vagal es Ryland G. in tet 5 tor eke 81. sf xy oe TS Mebvin’ BR. Onss—direet: -yciecsscenfesetinberteons 833 Tease Ca ‘ Rb. : Roy A. Perry—direct. Recs iss ptioies ER Pee ee aa. ee # cay ; . Paul E acl aed eee iy creo 92° + ‘ - sD iss cascodsenivsahedattenetianensinannvgboevecteiion ¢ 94 \ —redirect a mnevcllocbnnke 96 ‘ ‘ + SPOCTOBS .occrcocecenneoecssocenengercesosspensessnceascscocece , ~ DE 2 redirect. ...ceii ues Re TS ceeeeeencceee alee ad 98 eis Dr. William” Chin—diréet .t..cccccseselecin. » 99 , * Dr Sophia Perry—-direct- ........ ican den—“460 en so —CTOss ai i sidinieepdisnmmbaniiabors ainfecsucenahntie tied 102 Co ge Bp Wilifain, Chie et008: eccisnarnnnteee ~ 108 . ns —redirect ; —recross ° f Melvin R. Cass—direct Fe a 3158 Cees i Beco si a Pee yee eee | T' : > . a —Fedirect. ...... “a iehle Aas Ee We ce aE Oe 172 ’ . EPOCTOSS ....0.s0s0e0ees: aliakientee RT tee C5 ital 172. 2 s Elizabeth L- Fushee—direct. ibeaeNaincapatosin tisk chie 173 Feoek | Pigeon MORONS so sciecencsestostenst. ilove Ketciicans sighs Ra + + ‘e ‘redirect . EOS Siesta a 175 i “Blanche Tyndle- —diréet NEE eer oS hear vise’ 176 : d : —cross ..::.. saniasenatie Bata eer Re kiasee 178 mT ee snsscsicoccagsoeqecnsees Siednsadsimmsdiohigpgicn: AD : * NOTION ccecinscsbeSabolpuiisnnrnt pantie bcs shapes 189 A ae —redirect . pnee sevens atte EAE ae Z 191, ‘9 Arthur Cox, Jr.—direct « wis Shatetetes: Siabhaitiaes “;- 492 P. ; “cross sconeen prcdepeecencsceeeseenessseseencneseesesesseseatyies 194 Barrington. Johnson—direct é inccreapiinstabuioe eens 199° = G9e. op eed CTOSE® oo. sceepiegereeeene sovaiqevintentecauanatiatitaoanbiotis 206 "Transcript of pittance Vitel Arguments. of Counsel— January. 22, 1968 scieasieavnbihstchowerdeccancomaneine seagesnnnsessseetegnen WER ee ~ 240 Testimony: of Barrington ‘Joseph Johnson (resumed) — “se TOBE gyecrenenczocnccncnsestensensussarscyeresecnsegescoceseesenteascesorengeonesoes deeeeveee * 266 _ Roy abate arte acs See ea waa 278 : ACE OE RELI EE AOE IE sceieesq OR —redirect Secoacaack, Simaptece ses pitionAnceeceee uae ae 4, Gerald “Lee Aldrich—direct . SI Secnsisgedipnicdess - 283 ' * —eross ceveeegfeenseennnnennaguennanannny as es, Sone 287 | : —SPedirect +.%...recee tees sidan, Se - Barrington matey Johnson (recalled) —’ . direct sogernegeenntitone wewnasnenseie Se aera 288 Jury Charge sosteeeanetonens sreteeenneeeenecennecsnneetey Ce treeeecbaneneneenee pt Sir Sa 289° Verdict core Rcinnansinnasinsi Mgr Ciencia eile Be ie he ‘Transeript of proceedings—Sentencing February 23, 1968 sie . 302 Pecsadliagga in the United States Court of Appeals for the District ; of .Cofumbia CAINE cgindssvasitsncnascespivantecasys steenesesseceecens BEE LR ECA Fa 306 ~ : ie: I eR? Ee MINDER.) 00) Fe ea = ; A \ De NE : ace Page : - A \@pinion, Per Curjam, ‘June. 20, 1969 © woes... sat ato Wet Sides kN a 4 sf ; hae si ee we 7 . i he ft Ce . aw PNR sae F ahy,: Jt ‘Dissenting. Bank sengebbhcunantbisys jcc chpuocapeunstpednoteehtaneee obennsotoonpeliby itienedia * 315 .. - bad e * Appellant- defendant's "petition: for rehearing aad suggestion for . &. rele: arine en bane, “dated August 4,- 1969, saiccane siinbipslusceneniee nehtiaesas! > BIT! 2 Nase Per “Cariam, decided March 23, 1970 . cor te B28 e ? ‘Judgment. on reconsideration en bane, dated March 33, 1979 . Sevgotitandvees ; 348 | - e * re, ° ©. -Order of the Supreme Court of the United States granting “ certiorari, dated’ October 19, 1970, RN ig ACen LS cegsbuanclatiniad So RUE 349 i S578 ti a ile is : ae. ae dey: . ; é fate ev eT es y Me Kee aden i ; i \ . a . vs . : ra ; Py o Cs ee \ : ce . : . are . % . ° \ Ss “ Si - : > : Vase ” ; “ ri . ad : 4 4 * Z * % 2 ", siting 3 ; ‘ ‘ % ie ’ es . .> : et - -. t 2 fe 4 a ' F re j a ‘ o 2 N ; ‘ « Ps > : % 2 R e ° . e. ‘ A / _ © : . as vo, Q “ Sia | 2 _& ites “s e ° é 9 “ ® . oc ie e i = - @ s es . > ° whe . . - he : . bd > r = 5 4 9. 3 4“. ‘ . . ‘ . ee = = of + : : iy a cue. ‘ ‘ .. - a a4 i) . 5 . H - ! > -~ 4 - . . a® a irks . . : ‘ ¥ “e. en s . 3 : « \ 5 -. . ” * vn ® bee . : ° [e) . . e . o ‘ i : , > 2 ; ‘ s 3 ~ G ? ‘ ° . - W ~ ° . ~Ne - 196% Apr. 1967 Mar. 1967 Mar. 1967 Apr. aw ~ e o a * ai M IN ai HOCK WT 2. \ ~ DIST RIT Or COL, Uv MBI A Prete ede As | oti : “SNe E Sie iy Ate 2 NA Oe °* Criminal N Nol 3 IHF. - ° % & es oe co ig z . - ' : :, ; ay 12 a ¥ BARRINGTON Joseru JOHNSON €27)- Usrren’ Saves”. pegs Au S. Attorsiey Nunzio .@ - — Attorneys ; dig Tanni—Inve str ke nt B ldg. wn ee W. oL hppinan, 1 Is: “4 R St, N. Wwi— Abpea 7 ies | G, ae No, 189.67 o 4 27 . 5 Indictment Read: Arraigned; Plea Mot Guilty j entered ; ‘Case is referred for appointment: of. 12. 6 ; Sista oe nid Oy . . oe .-—.... - i je 4 P-) . Oy 1s. * 3: .) ¢ oa ° 2 : wl. % o *hS . » ° ° “Jena? F ¥ i rae d g Date ~ and. Order -appointing Samuel F. Ianni as counsel to -defend, filed. (N)° (4- 10- sic Cur-- + Barge: BPE ama 2 2801) | ees Proceedings Copy. of Indictment mailed to ‘Deft. Cert. filed. counsel ; Defendant on bond; Attorney Kirby Howlett present: for Arraignment only. ‘Cur- ran, ‘C.J. (Reported—H. Kaitz). Cert. filed. ‘Presentment and Indictment filed (1 count) _UNIPED STAT KS DIST RIOT ¢ COURT FOR” THE a \; * Affidavit. of: Financial Status GOA oiren ‘Sar: ran, C4. ) Wok } Nel Cetin ae Rea gt Wale ° +, M7 Au 9 ; 196s Jan.\ 17 | ‘1968 x. 18 1968 Jan.. 18 g = — Preceedimngres ‘ . Defendant did vet report lingpree inet; Per savnnzal Bond revoked; Bene h Warrant ordgred gy * — and insted. Curran, CLA (Reporter = AL ‘ Vatiyhn) . 1967 Sey 13 Reneh Warrant issued 89.67) returned xe. e Pe has cuted’, Defendant Comnutted: fo the Divtriet P , of Columbia Jail? Commitment tosued. e . as @ = , * J067 Sep? 20] Letter Grom defendant in the nature of ‘rein - fd datement of Personal Bond. filed, IMG, Sep 22 Metion of defendant: for, consideration of rf ‘ reléase of Personal Botd, And Affidavit of "6 + defendant in support thereof, filed. | 1465 Ot of Bail Age ey Repott, filed. . . *. 165 Get. 0 Mition of defendant for consideration of re . » 4 . / release on persoual bent and or to set aside . order of 8°67 and Ye-ingtate release on per ? sonal bend, heard and seranted; Bond ‘reine —~ . “mated? Defendant released; release issaied ; Attorney Samuel F. lanni present; Gageh, J. on i (Reporters Arlene Vaughn). Cert. filed, | WES Jan” Kench Warfant Ordered and Axsued, boud —_ revohed, Robinsoity J. (Rep.: F , Wetls. i ° 1968 Jan. oe he h W arrant Withdraw n, Bond reinstated, Curray, Cd, Jury sworn on voir dire; jury and two alter- ~ - nates sworn; Trial begun; respited until 1/ 18 68 at 10:00'a.m., Defendant on bond. ‘Attorney Dapiel F. lanni present. Corcoran, J. (Reporter—Eva Sanche) Cert. filed. Motion for issuance of Subpoena, Granted. Corcoran, J. (N). g . ‘ Trial resumed; ‘same jury and two alternate jurors; trial respited until Jan. 19, 1968 at 10:30'a.m. Bond Cc F. Corcoran, J. Pe: Eva _Sanche). : on Date 168 Jan, V9 Trial Resumed: °) ° ° - ¢ + . ® ? J °s 6 . - . , ez ai 7 “') ; GK: Nan. 22 4 ° ] . ? Bg = ‘ . 196% leh, ae, ye. oe ret th r 1968 kel. 3 a s s 1968 Feb. bf io jee 1968 -Feb, ons 1968 "Mar. “ vi - oy Proceedings ‘ same jury and alteryate ju- rors? trial respited until January 28, 196% at 100% am. Defendant on. Bond. Attorney. D. atin, prtsent Com dign, J. (Reporter. Sanchey. Cert, filed, * int“ 4 a 7 , . » © Trial Resumed: same jury apd alternate ju- nord, allernate jurors Mischaryed, Jury retires So begin deliberations: Verdict: Guilfy “as Charged, Case referred to Probotion Officer of {he Court. Defendant Committed: Commit. ment issued. Aftorney Jauni presents Cor- _coran, S. (Rep: K. Byrholdty Cert. filed, We- fendants requested ipeprattions (3) granted in substance, ileal, «>. . Application to proceed on Appi. without prepayment of costs, filed, Seatenced for period.of Sik (6) Years to vijhteen 1K) Yours, Defendant remanded to AC, Sail, Attomey Satiuel lanni- DrOstiite Corcoran, J. (Reporter £. ‘Sanche). a s - ? . Fs Judgmept and Commitment. of 2-23-65, cad (N). Corcor4pes Py ~* SS . 26 Transeript Of Proceédings of February 2%, 1968, filed. Clerk's’. Copy. (Reporter—E. M. Sanche) .- ney nt tae ~ ‘ % Order ‘authorizing’ defendant to proceed on , Appeal without prepayment of Co&ts, for prep- aration of transcript at expense of United States except voir dire and opening and clos. - ing statements Of counsel. and Referring - , appointment of counsel to the US. ¢ ‘ourt of Mppeals, filet Corcoran, J. (N) | 1968 Mar.©22 Affidavit in’ support of application to proceed . On Appeal without prepayment of costs. filed. 1968 Mar. 25 Copy of Appeal given to US. Attorney and U.S. Court of Appeals. . o o . vn Dte 1968 Apr. 25 1'G8 May & 1968 May 14 10G8 S. Jun, © 2 6S July oO 1968 Suly 15 ‘ 1968 July 23 1968 Sep. 5 TR ed Bisse 22. Clerk's Cépy, Rep. Byrholdt. May 20. — of transgript at expense of US -copy-——Rep: EL: ek . Proceedings 6 ( ‘ort ifwa copy of Order, US. Court of Appeals 12468 appointing William J. Lippman, and extending: time for filing. untyl transeript is filed, filed. “hh As of 2-23-68; Oral motion for Appeal Bond, Denied. Corcoran, J. CF. Reporter Sanche. Samuel lanni, sq. aes LOGS . pagres mor 2 Cerf. copy of st Order of tise A denying: appel- lant’s application for*bail pending: appeal. © Cert. copy of Order USCA 5-29-68 for prepa- S. of 2-10- 67, 8-09-67, 10-20-67, Voir Dire and opening: stikoansnihs and closing: argiments -atnd for transmittal ais part of original record. TR of PRO, Jan, 22, 1968, payres 1- M7. Copy (Rep: k. Byrholdt). ‘Court TR of Pito,, Aug. 9 and Oct, 20, 1967, payres 13 and pages 1-8. Viinghn) » % TR PRO Vol-1, pases: 1-R2, Sanche. Vol, 1-18-68, Clerk's “copy —Rep: iy +: pages 262-500, 1-19-68, Rep: FE. Sanche. Court copy. (Rep: A. | 17-68, Clyrk's . pages 83-261, Sane he. VoL Clerk's copy— “TR of PRO, pages 1-8, 2-10-67, Clerk's copy —Reporter: Hatch. Filed. r) “ : . * : UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA i Crifninal Nol a ha ; Usrren. Srares or ‘A MEMICA, : Plamtiff e- | : r = a . ‘ a | Bankincron Josern Janno, , ‘ : tite ote Defendant ’ 2 maar: Washington, DC. - 10 AM Kebruary 19, 1967 |. The above named ease came on for hearing on the motion for release on personal bond before The Honorable Oliver (iaseh, US, Dist riet Judge. ANCE AR ANC ES > F . In behalf of the ¢ joe ronment: Daxivs, J ee, ‘ Assistant United States Attorney An behalf ofthe Defendant : hoiniy: blow err, Msqrine aoe oe PROCKEDINGS Tike bi i’ vy Chr Ath : Case of [" nited Stites. versus tarrington Joseph Johnson. Mr. Me Tague for the Gove ™n- ment. Mr. Howlett for the defense. . MR. HOWLETT: If vour Honor please, this is the’ ‘last motion for the release on personal recognizance’ of Mr. Aohnson who is charged in Grand Jury 180-67, with the crime of rapé. No bond has been set af Mr. Jolinsori’s last appearance. before US. Commissioner on February 2.4 would urge that at this time, Four Honor, if-Your Honor would see fit to Set a-houd-and then if Your Honor woukt see fit to release Mr. Johnson on his personal recognizance: Mr. Johnson’ has resided at-748 Brandywine Street, SE. for the last 7 months with his wife and children. Prior $e | rr, 4 vf « | . y AG that time, he resided At 1614 T’ Street, NLW., and 1905 M Street, N.IL, for the last five years also with his family. — At the timecof his arrest he was employed working part time forthe Henry’ Fuel Company, 4640, Minnesota Avenue, Where he had worked regularly for the last five vears; at the. fine of his arrest he was temporarily laid off due to the weather from the firm of Corson & Grumlett, 33rd and KK’ Street, NW. which was his regular joboa. + . This company has been contacted and theg indicated ae Mr. Johnsen is “released he will be able te refitrn to work - there. | elope THE COURT: Is that Corson & Grubman or Henry uel Company ? He has one prior comgetion for assault, in the. Court of General Sessions and was placed on probation for 5 years. Probation was not revoked. Mr. MeTagie and. 1} have agreed _ upon an order, if Your Honor would consider this with “Approprigite conditions. Specifieally, residénees of Br randy. wine Street, with his wife and family; > employment. at Corson and Grubi in, and a precinet report. Ack THE COURT: Mr. MeTague? MR. MeTAGUE: Your Honoy, this is a charge of rape, Of course, it is a capital offense, However, the evidence of force in this case is not Strong. And: even though there is this prior ch: arge which was originally rape or assault” with intent to rape whie +h eventually erided up in asimple 7... ‘assault case, | believe that this defendant will_contime arp aaes to live with his. wife and famity end will appear i in court. “THE COURT: What was the 1962 plea?” ; MR. McTAGUE: It-was to simple assault and the motion has ittas assault with intent to rape, but the police report shows it as simple assatilt.. MR. HOWLETT: If Your Honor please, Mr. Johnson ~ Was represented on that charge by-an attorney by the - name of Seallon. | was representing Mr. Johnson before the U.S: Commissioner. At the time IT saw him IT had no indication that another attorney might be in the ease. Mr. Scallon called me-after my interview with Mr. Johnson ind indicated he was going to take the case. However, on the day ofthe hearing, Mr. Seallon called me back and said that he didn't feel he could take it because “of insuftic ‘ient money ‘for retention. - : ' that. ** ~~ He filed the motion which is before Your Honor after both he and I had verified the information that is contained | therein. ‘ Mr. MeTague is correct. He was con-— He plead guilty to simple assault and nét assault with intent to rape. Ne THE COURT: Let.me see your order. Mr. MeTague? ; eget ee “MR: MeTAGUE: Yes, Your Honor. ; | TH COU RT: Has the. Bail Agency made a -recommen- dation in this case? 2 om MR. MeTAGUE: They do not ae pieciainial in capital cases. _ MR. DE RWOOD: Lhave a copy of out report here. Our policy in this type of case, Your Honor, is not to’ make a recommendation until the Court dete ‘rinine s whether or not bond will be set. THE COU RT: icles did you tell mit about Corson & Grubman? MR. HOWLETT: I verified that. Mr. Scanlon did not. I talked to a Mr. Winteg at Corson & Gruliman-and he verified the. fact that Mr. Johnson had been, laid off: on a 9, due to the weather and could return at ant ‘time. - 1 did.not verify the employment with Henry Fuel Com- pany. - | —_ THE-COURT: 1 low w long has lie ae d for Corson & Grubman? MR. HOWLETT: I heligv e since March 1966. Since March of 1966, which IT have dawn here. T verified -. I was wrong. I though that Mr. Scanlon, had verified that. Mr. Scanlon verified that Henry Fuel Company employ- ment. ; : And I did not verify the aie Fuél Company employ- ment. . Mr. Johnson states that he was working for Mr. Henry at the Henry Fuel Company at the time of his arrest and in fact has money coming to him from that company Fight now. THE COU RT: Whén.- did: the defendant work for the Henry Fuel Company? 7 MR. HOWLETT: Prior to his being laid off. THE COU RT: How long pen ME. HOWLETT: In Nhe he Kor Four, years according tove rifiention by Mr. Seanton. THE COURT: When is the last time he wagkeil for the | Henry fuel Company? ; MK. HOWLEPT: Prior to March ot 1966. Na.‘he was . ‘working.in there until he went with Corson & Grubman _ineMarch, 1966, and then Mr. Johnson indicates to. me and “Mr. Seatlon-has. ve riftocksit that he was working: at Henry Fnel.c omtip any at thie tinie ef his arrest since October of 1oo. 3 When he was laid off from Corson & Grubman due tothe weather. —- berles 38 eee (Rd er pig ie es ‘THE COURT: Phe Bail Ageney report, indieates that + the. defend: ant has not worked for Alenry since Mare h of ee ‘ In support of-its case, ladies and gentlemen, the Gov ern- ment may call all or some of. the following witnesses :. * Tf ‘they are here, the witnesses will rise and face the sk; prospective’ jury. panel. Those of the witnesses who are not here, I will briefly identify them for: the purposese of determining whether any of the jurors may meow any of the witnesses. Abs The. complainant, Mrs. Eatin Essie © Mayes. Ww ill you - stand, please. (Witness Mayes stood. ) MR. NUNZIO: You are ey employ ed at St. E liza- : . eS Do any of you now any guard by the.name of Joseph B. itl, employ ed at St. Elizabeths s Hospital 3 © i Gabeira No response.)). 0. 7 . ~ . "T° MR. NUNZIO: Aging by your silence I take it you don’ & | know such ‘a ‘persone. VT ealine this is meager information f to give vou in aging vou to identify someone with this, ‘Minimum amount. of information. IfAou think you know the m, please don’ t Jiesitate to indicate that you think you do, “Mr. Jerr® Aldric¢h, last kngwn address° is (3117 Nichols Avenues Southeast here in the District of Columbia. He’ om ay or nay not be called as a Government witness, ; @ Do. any of you know one Jerry. Aldrich. who may have lived.at that address? ay ‘(No response, ) : ae ~ MR. NUNZIO: Again, } take it by your _silene@:that you-do nots” . > patricia M. Godwin of the Metropolitan Police Depart: ment is not here at the present time, ladies amfFntlemen, . Do: you know one Officer ,Patricia M. Godwin of the . Women’s Bure: an of the Met tropolitan “Police. Departme nt? a (No response, ) “em fe ; MR. NUNZIO: Officer Gi borge R Wesley, : ; (Prospee tive Witness. stood. ot " terns . te AMR.NUNZIO: You are presently assigned, sir, to what division of the Metropolitan, Police Department? — »WIETNESS WESLEY: (¢ riminal Investigation Division. ‘.. MRONU NZIO: Do any of vou know Officer Wesley? | JUKOR DEVO: Boyd Deyo. T know Officer Wesley. ~~ * -“MRERG NANO: “ W hat-way do you know Officer Wesle ) ae » JUROR DEVO: Ho Qy a friend of my brother-in. law. Ihave met hhivn before, . MR. NUNZID: In view of ‘this nee, having met’ “s ‘the police offiear, would this incany way prejudice your opinion for or against the. defendant if you were selected, asa juror in ihix caso? : Ce ee JUROR DE YO; No, it ould not, * goes A JUROR: “This Dr. Chin, dows he liay his flier, one _ Sixth Street, Nortliwest ? ‘5 3° OMB, NUNZIO: 1 doh't know, nia’ant, All I have is D.C. Rete Gene ‘ral Hospital. ‘ . . ‘ What is your ‘ame, ma ‘anit? ee eae Weare o. ." oy eee 2 ite ‘ . ze e a4 10 > _ JUROR HANSBOROUGIL: Helen Hanshorough. MR. NUNZIO: Let me ask you this, Mrs. Hanshorough, in view of the fact this anay be the same - ‘Dr. Chin, do you ; know Witnas a friend or asa patient. JUROR HANSBOROUGIL: A patient. MR. NUNZIO: Would this in any, way prejudice your opinion cithesfor or against the defendant, knowing a doctor in the case, if you were selected asa juror in this case! JUROR HANSBOROUGIL: So; tt would not. MR. NUNZIO’ Thank you, Mrs, Measiorengh. ‘ Officer Melvin Cass. : (Prospective witness stooil.) MR. NUNZIO: To what division are you presently. as- signed, siy? Wi TN KSS C ASS: Criminal Investigation Division. MR. NUNZIO: De any ofpyou know Officer: Melvin, Cass of the Criminal Investigation Divixion, Metropolitan Po- lice Department? ; Oe 5 (No rex pgnsd, RP ° , MR. NU NZNO: I take it by. your rien you u'do not. ” Officer Ned. Upright is not “presehtly here, ladies and gentlemen, He is atso a member of the Metrépolitan Police Department. He lives in Oxon Hill, Maryland. @ Do any of ypu know a person by “the name of Ned L. U pright? (Nore xponse, ) MR. NUNZIO: Again, I take it by your silence, that 7 ° a ’ ; ‘you do not. * Robert F. DeMilt, detective formery with the Sex Squad, now with a precinet. Y (Prospective witness stood.) : MR. NUNZIO: You are now with what precinct, Officer DeMilt? - eo : ; _ WITNESS DeMILT: Seventh Precinct. ae. MR. NUNZIO: Do any of yon, ladies’ and gentlemen, know Officer Robert F. De Milt? , ° ; (No response.) | MENU NZIO: I take: it re your silence you do. not. . "we 4 ‘ | . le We . We Your indulgence, Your Honor. aes (Counsel conferred privately with the witness.) .- MR NUNZIO: Ladies ind gentlemen, | would like to get my terminology straight. The man has earned the re- spect of detective. Lamderstand all the officers sitting over there are detectives. With due respect to them, [introduced fhem as officers instead of detectives, ak well as Detective Cass. Detective Roy AAerry, would vou ple ase stand? * (Proepieefive witness stood.) ‘ MR. NUNZIO: What division Are you with, Detective? WITNESS PE RRY: Criminal Investigation: Division, Sex Squad. MR. NUNZIO: Do any of vou know Detective Robert A. Berry? cs (No response.) Sees : MR. NUNZIO: Again, I take it by vour silence thit-vou do not. To facilitate it, ladies ‘and esis mien, let me read through . the remaining list. They are all police. officers, If your do. , . know any of them, at, the conglusion of the list, T will give you an Opportunity to respond, :. Jovee Plath, member of the Whmen's Bureau, Metropoli- tan Police Department, lives in West Hyattsville, Maryland. Detective Paul W. Chesser. He is not here at the present time, Metropolitan Police Departine nt, lives im "Takoma . Park, Maryland: ° Those would he the remaining two police offieors. Do any of -you know the police officers. just mentioned? (No response.) ae ; MR. NUNZIO: IT take it'hy your silence that yogndo not. Also in support of its caxe, the diovernment nMay or way not call the following agate from the Federal Bureau of Investigation: os Mr. Allixon C. Semtex wit the F. BA. and lives, in Be. thesda, Maryland. Robert Kb. Neill, Speejal Agent with the Feteeal Bureau of Investigation. Mr. Thomas F. Kelleher, Jr., -resides in Springfield, Virginia, a special agent of the F. BL . - 4 . . x °" 40 +d , eee ° — ; - . ‘ Mero Frederick 1. Mdwards resides in Springteld, Vit a a agent-of the MBL ‘ Do any oof the prospective panel members knew. any of the Mederal Avéents that to have identified to you rather bertethe ’ e AV ROR AV RES Martha’ Nyier. MEL NUENZIO: Ves, Miss Ayres, © JUROR AYRES: TP khnow Mio Semines, and 1 knew tlhe Tames of somd® of the other agents. VME NUNZIO: Are von emploved by the Federal Bureau Of lovestiuration! — 4 ‘ ’ AL ROR AY iS Ves, 0 ss M WONT NZ1O): Das you knew them personally or just nm awerking capacity! 6 At hKOnR \\ RES: Lknow them from seeing them in the hy sali, just mA i teee Ile aa ai ; ‘ Wie NU NZI: Wnowing these individuals, wowkl this prejudice sour opinion either for or against. the defendant ein siew of the fet these witmesses mat ber called on behalf of the Government’ “IT RORAVERES: No. if wouldn't. WE NUNZIO: Thank vou very mined. In view of what Mrs. Ayres has stated, ladies and gentle Hen, are anv of agu presently criaploved or have been: —uinploved dy a law enforcement ageney, either the Federal Government or District Gavernment, the Internal Revenne, Mustice Department, United States Attorney's Office, the Corporation Counsel's Ofice, or do you have any member of veur fainily with the Metropolitan Police Department or yourself, i merle ‘or past. member of the Met rapolitan ‘Ditties Dep eartine nt? (No response.) MER. NENZIO: Mrs. Ayres, aresyou “pre ently cmploved : bes thie if AL? J ‘i, ‘ JUROR AYRES: Y es. am ° z . ALUROK Ie YO: He is a friend ‘uf. my brother in law's. | have met hin That is the exte nt of my relationship with’ MR. | ANNI? Helis more a friend of your brother-in-law 1471 Von ifs! . . Te av ROR DEYO: That is true, 3 Sis ie Letom Iki yotu-know on, how many _ocegsions you , wet h met ; ae iN MR DEYO: Maybe two or three. M 74 ples ‘But. your brother-inclaw-is net a_ police ~¢ ; ra or ROB DE YO: Nov . . : er 2 Sy 17 MR. TANNE: Ladies and rentlemen, we may eall as wil nesses any one or alloof these persons, none of whom are presenftoin the courtrooin at the present time: , Robert Jones who lives af 619 Orleans Place, Northe: ast. Magione Kiser, GOL Orleans: Place, Northeast. Barrington Henry, who ts the proprietor and owner ofa business thatanses the trade name of Henry Fuel fe ake which is loeated:at I640 Minnesota Avenue, Northtast pand an Arthur Cox who also works for Henry. Mie pean Af that same sae rh ‘4 oh | Blanefie KOT vedic, who wae UTiee wate ¢ Mr. Johnson. at the fianits of this OCCUPPONCE, Do any of vou any of these part smh that | ‘have just TH | . ‘ “4A juror stood.) ; ‘ MER.TANNI - Will You give tts your name, please? JUROR DeBRE HW N.: Melvin DeBriuhl. ME. TANNE: Whomdo you know, sir?’ JUROR. DeBRETL: Tknow Mere Barrington Henry very well, MAR. PANNT: Would this in any way prejidice your’ de, cision in this ease, the facet that you know Mr. Henry? JUROR Del Re HW: No, if woule In’t. : VR. IANNI: Thank you ‘ Piake if by the silence of the remaining jurors that vour answer as fo whether yOW do: know any of those pe ople Phave named isin the negative, lhave nothing furthe rr, Your Honor. THE COURT: May I ask counsel to approac ‘h the seneh, . (At the Bench :) eV ines TH COURT: Are there any motions to strike for cause? MR, NUNZIO: LT have none, Your Honor. MIR. TANNI: Fo would move to strike Mrs. Thompson, _which is No, 150. ane | THE COURT: Of course, we » didn’ ask ‘her any ques- tions. -° * " a “MR. NUNZIO: I would move ne strike Mrs. L vax. poss THE COURT: Yes, ‘she can ‘t comply wats: the Court's. instructions. - ,. \ 1s “Mrs. Lvles, we willstrike her. MR ANNT: Vos. Pye. ; THR COU Nie Mrs Thompson, vey didy't risk any oft ‘hand I think’ we ofelt rp wtrike he vr. Ldon't want te cont inie the quest loninyy, MERONUNZIO: LT think i onal further ik ArrASS hor. THE COURT: AM right) We will strike No, Wt fénd No. 10, Mars... Thonypeon, We will let thent sit?in Ahe panel. Aust pass over them P yes nvou seat the jurors MR NUNZIO® Mes. i aan safd she would prefer nat to satin tlis'ty po ofease, . : -MROLANNT 2 Mildred Lo Lyons, No. 118.4 would ask fo strike hor for CAs. ? a ws MHI COURT: Ana objection? | ARNT NZ1O2 Noobjeetion 7? THE COERT: We will strike Ne. TE. . when vou eall the qniv. (In Open Court :) THE DEPETTY CLERW: Jurors will please answer to their. names and take a se at m the jury box as de "signaled bathe marshal. “Andrew Nathan, ’ Seer . a THE DEPUTY MARSHAL: No. 1 THE DEPUTY CLERK : Mrs, Leola M: ahan. THE DEPUTY MARSHAL: No. 2. THE DEPUTY CLERK: coga Ssai ah a 7 THE DEPU TY. MARSHAL: Now! F THE DEPU TY CLERK : Mrs. Shela C onan ot “THE DEPUTY MARSHAL: No. 4: : THE DEPILY CLERK : Mrs. Beatrice »Shephierd. — THE DEPT TY MARSHAL: No. 5. THE DIGPUTY CLERK : Mrs. Mae Minor. \ THE DEPUTY MARSHAL: No.6. THE DEPUTY CLERK: Miss Helen Hansborough. ‘THE DEPUTY MARSHAL: No. 7. | ‘THE DEPUTY CLERK: Albert Huntley. h, . | fase a ¢ Let themreall sit he ‘be but don't call the ™m, pass over them. a OPE DEPUTY MARSHAL: Noes. Lees THE DEPUTY CLERK : Mrs, yea Olsen. ores THE DEPUTY MARSHAL: No. eye Sie THE DEPUTY CLERK : Boyd ie | THI DEPULY MARSHAL: No.10. eine ° THE DEPUTY CLERK : Mrs. Sally Curry. THE DEPUTY MARSHAL: No. Hf. PIE DEP TITY ('I, 1D Rix : Reese Simmons, , THE DEPUTY MARSILAL: No. 12s 4 MR. NIINAIO: No.8. , : THE DEPUTY CLERK: Albert: Huntley, you’ are. cused to return to the: Jury lounge. Mrs. Nina Swann, ies , lake seat Now, MRETANNI: Miss Helen Hansborotigh, No.7. 0+. oe THE DEPUTY CLERK: Miss Hansborough, you are excused to return to the jury lounge. Mrs, Pearl Samons, please take seat No: 7. Rig fe Pest ht a/? MR.ONU NAIO: Now, please. irae - | THN Dis: Pu TY CLERK: Andrew Nathan, you are ex- return to the jurg lounge; and Miss- Martha Ay res, take seat LS Sve MIR:TANNIENo. LL Reraras As So Cy eae THE DIEPUPY CLERK : Miss: Martha Ayres, you are excused to Feturn to the | jury lounge arid Norvel Lee, please take seat No. Lin the jury box. MR. NUNZIO; No. 1, Mr. Lee. Pa. ; THE DEPUTY CLERK: Mr. Norvel Lee, you are ex- ecused'to return to the jury loungé, and David F rank, please take seat No. 1. : MR. TANNI: No. 1. - THE DEPUTY CLERK: Mr. Frank, you are exeused to return to the jury lounge, and Mrs. Dorothy Roberts, please take seat Now, - MR. NUNZIO: No, 12: THE DEPUTY CLE RK: Mr. Reese ‘eiaiaies: you aré excused to return-to the jury lounge; and Phillip Joram, please take seat No. 12. MR. IANNL: Satisfied. . MR. NU NZIO: The Government is satisfied. v 1—T / sf 4 . i] PH COMTEE Very well! : Willows awe the We, leage ' (Where pon, Noyes at twelve retibers wate auby eawagen ae PI COME 4 ‘ould | oo Toho capprdvelis the (yea hey sLersbesg 3 ; ST Goce ". @ CNG the Roneh ) pe! “sf ie te eS la Poe COr rep W ats Is vont sence OE Coming) Phow naan Altorinates darawe need’) Phas {lie Mi season: : at NES: CANN vi wed mere fe take very lone | all oe TUE COURT Wall (wo alternates § Seto by Mi. NENZTOL 1 (inh se Dehave NOVEL, davst emore than Wad TURaEs. : " . PUT COURT. De you think at wilkee Inape (hvivay ay chevy . ? ‘ ‘ ary s My" NN ZIOV: Ue shomldyre anita I ridery, Youre Thonmer eA OUI Dthonk ftwe altetoates: ould be sartlerent.:? Xi LANNY Pthink se, Vow Hosni PEE COU HERE DRanet. ewe cet ae ree fa ire adend wath is Pita Rabe G | VEN , cre ) me . - ‘ . iz the one Troe camplaigant bested seaQerte fee Chee poljew, anil others listed sraverne fer Ghee probice wits seen cnn three bnespeatial perensebss. The evidence will further show the police were notified ihe are ult of seome@® this vehicle on sop ae cs The. police were on the seetie Approsimately, AMD eel. thant aE Lernneren, i ale defendant was priidatons ry benes seseteonnncrdenler mavens re lane position in the earalmest out of sieht; and that the defendant was sulisequenthy arrested on the Hicosportsal srovernpene dee, ’ . oT Thee wets tebenitetiond cap tlie screams Dey thre cconmpelenrneng: Wittens Mn thins eine, Mins. Mayes. Phe evidence will furthe yr show thayt al the tian be wars - arrested the. ltd in Tis proSsesstonm the complainant's ear hove amd there was a conversation that the defeodant bind With the complainant when he was taking her back to the bicvmpontcal une he refused te give her back herear kews. Phe es isdomee* will further show that these keys were found atthe tine of the defendant's arrest on the defendant. The evidence will further show that a pair of gloves that the eomplanmant had that nerniog was found in the de fondant’s ear at SOO oclogk that afternoon, re 7 re — fnether words. the Government-intends to prove beyond ao rensenable deubt that Mr. Barrington Joseph Johnsen had carnal knowlede of a female named Luella Kh. Mayes forveably and against her will on Jannary the 22nd, 167, lask sei te pay attention te the ease. Ht issacmost im pertant case for all parties concerned. lam quite contident thatcat tie conclusion of the trial, ‘the Government will have proved that this defendant is srualty as charged. ; Thank voff. - : ‘ THE COURT: Mr. danni. MI TANNE: The defense will reserve its opening xtate- nent, Your Honer, THE COURT: Very well. : * ’ , * * Will yeu call your first witness, Mr. Nanzio. MRL NUNZIO“ Call Mrs. Mayes, please. re "+ Whereupon, : ; | | Apr, od LUELLA KSSIKE MAYES, called as a withess on behalf of the Government, having — « heen first duly sworn, was examined and testified as follows: . DIRECT EXAMINATION LY MK. NUNZIO: ae soe Q If you will, Mrs. Mayes, speak into the ujierophone. Speak slowly amd dis finetly so that we baive no difficulty niderstanding you. Wowlb you state your Tull mune, prlersaser Pe - A Lanellia Msste Mayes... * Reet Q) Where do you live, Mrs. Mayes? : A. VO Ath Street SK. arr 5 48s Q Are youemployed, Mavam? ; 7 . A Yes,at St, Mlizabeths Hospital ; Q And in what capacity are vou employed at the hos pital, Mrs. Mayes? , ae % A Nursing Assistant. | P : ~() How long have vou been an employer: of St. Kliza be this Lbeospoitaal ? A Sinee 1959. () In January of 1967, in what apacity were you em. ploved at the hospital? - A I was in nursing, 1 Jick just changed over from food service and bwas going to chisses, MK. IANNE: Your Wonor, | am sorry, | didn't get that answer. THE COURT: Would you read the answer, please. (The last answer was read by the reporter.) bY MRONUNZIO: e- “QQ In other words, vou were-in training on January 22, 167, ix that correct! A Yes, I was. ’ Q Youare married, ix that correct? A You. . . Q Do you have any children? A [have three children. ; : . . . Q Whatare the ages of your children, Mrs. Mayes? A) Sixteen, thirteen and nine, Q Mrs. Mayes, | want to direet your 4 attention to Sun day, the 22nd of January, M7. ‘Were vou working o on that date! ; , - AN Yes. 1 wis, Q What were vour aluty hours at the hospital on the: ed of January, M7? A Twas working 7 AW to 3: a | () Nm in what’ pay were you working at that time, that is, on the Y2nd af laannary 167, at the lhosspatal? A) Geriatries C in the Geriatries Building, a —.Q Did you leave for work on the morning of the 22nd of Aanuary, Bbuires : A You, 1° left home it fow mimites after 6 W). () And whit means of transportation did You.use to get’ to the liars pits al? A Lwas driving niy ear, Q And what type of car was that! Ne A 16 Ford, Q) Would vou give us the color of the car, please? ~A Its a rust volor, s () - Rust color, Was it light or. dark out at the time when vou left the house tovetowork that morning? - ten o A’ It was dark., ; Would vou te Moa ux the route that you took to get 10 the hospital that morning? , -- AN Well |} abvays come down Wheeler Road and Alir- bama Avenue, and go out 7th or Sth Street to Nichols. Avenue. Q Did anything happen to the vehicle that ‘you were driving on that w&rning? 4) On that, morning. | came out Lebaux Street and my ear eut off right at Nichols and Lebaux, right,at the stop sign. : Q As a result of this eut off of your automobile, what, if anything. did you do at that time, Mrs. Mayes? ° ° , ° +97 : ; a , A Well, it’s a serv we station there and I could see the ttendant sitting iv the station. | went over and asked him if he could start my car, and while he went over to see if he could start it, | went in the phone booth to call, my husband and told him thatsthe car had stoppeds Q) Noy, was he able ‘to start your car? A No, he couldn't, The service station attendant came hack and told me that, apparently, [had a dead battery. I was still talking to my husband oon the phone at the. tine. The ear had did this the inerning before and it had started with a push. Q) Now, what if anything OR! at the time when you were talkng to your hushynd concerning the car? A> Well, a white Mord pulled into: the service station at the fime and the fellow got oft and came over to the phone | booth and asked me what was wrong. And [ told him my car had stopped. He asked me how far | had to go and | said to St. e's. He said he would push.my ear onto the grounds, Q You were still on the phone talking with your hus- band, is that correct? A Vos: ° () Was this person talking fo you at the door of the, phone booth or near the phone? A Yes, rightat the phone booth. Q Now, did you tell yotr husband the. conversation you had with this indivielual? A Yes, I did. Q What did your husband advise you to do at that time with this other person present? A He told me to let him push it on the grounds and maybe he would come up to see if he could start it later, or maybe it Would start in the’ evening by itself, Q) Now, what if anything did you do, or what if any- thing happened after you put the phone back on the hook? A. Well, 1 went over and I got in my car and the fe How turned his car around and came up behind. my ear and- started to push me to St. l’s. , Q) All right. Now, there came a time when you got to the hospital grounds, is that correct? Og : Sete . : _©@ ge A Yer. : : aie eh () What, if anything, happened when you got to the Hospital xrounds ? ° A Well, we had just about reac eck eke parking lot ae Q What parking lot would that be, Mrs. Mayes? A This is the Geriatrics parking lot. Q Allright. Please continue. A Well, he stopped pushing me so TP pat my ear window down’and | asked him was this as farias he was going to push me. And ht said, no, there was another ear that Was aii: on the lot and he said‘the lights were blinding him. So, whoever it was, they got aut of their car and went into he buileling and he proceeded to push me mto the parking | sphiece, . sal . Q What if anything awcouéd after you got into. the parking xpac e oof the apatries Ward at St. Mlizabeths Hospital? { . ; ON Well Tent my car, lights off and 1 started ‘ei get out of my ear and hesope ned the door and: pushed me back ‘inany ear and he told me to move over. | told him | couldn't because iny car has a console i in-it and,— Q) That is a divider ‘in hetween the seats in the front? A Yes. Re Q Allright. Please éontinue. A And he then. pulled me out of “my ear and put me in his car on the driver's side, and, he slid i in right beside me. () Did he say anything at this time “to you when he was taking vou out of vour ear and pushing: you into his ear, if vou know ! wom ; A. Edon’t remember, Q All right. Whi it. if anything, happened. after volt got into this man’s automobile? : A) Well, after he put me in his er, lie drove hack out the gate onto, Nichols Avenue -and he, said that he ‘knew 1 was seared because | was so, nervous. lL told him I diad a thy roid condition and this made me nervous anyway, He went down Nichols Avenue all the way down to— ahd | there's a stop light down at the bottom of the hill, znd he. went into the servace station to get gas. | , Ile told me while we were riding down Nichols Avenue that he was not going to burt me. He kept telling me this, that he was not going to hurt me if | didn't seream. He went into the service station and When he went into — the station, he put bimarm back around my neck. Q You nity he went’ into the gerviee sti tion. Did he physically get out of fhe automobile? oa | A No, he drove into the stition. oo ‘ . Q) All right. “What ene ‘dd when you got to the service station? Pig. A The m&n came over to the car and he asked for vis and-he paid him, still with his arm afound my neck, QQ) Did he say anything fo you prior to putting his arm ‘round your neck? ' ‘A All-he said when he. we a into the station was for me not toseream, that’s sall. i Approximately how Ong were you in the station yot- if tinge seas, if you know? °° a) A Lreally don’t know. é ! . ; Q All right. | What, if any else, happened after-gas had been put into the automobile? A. Well, after, he got the gus, he’ reached. into his poe ‘ket and he paid the man and he drove out of the service station. 1 told the police T thought it-was—I wasn't sure whag street this was, it might have been Douglas Road Or SOUle- ‘thing aregund there, ‘Tamnotsure. 9 Q All right. What, ifanything else, happened then? A tle was just driving and talking, and T remember juissing the Stanton Garden Apartments. [knew J was in” the vicinity of Donglas School because | know where the, Stanton Garden Apartme nts are, And che drove into the ‘Street where there are no houses or apartments on the street. It was a deserted street. Q You say there were no houses. on’ this street. no apartments? - “@ 30 wy” A No. . P . QQ Were there any vehicles parked nearby, Mrs. M: ives? A No, Vdidn't see‘any ears parked ut all. Q° What, if anything, happened when you got -to this ae street? ; Be ake : ~ When we got to the street, he eut the ear off and ie wn ne there was no use in Screaming, because no one “would hear me () Tle snid this, to vou! ? A y Cs, he did. ' : - Hethen asked me if Twas married.and 1 said,” OV oon”? And he asked me did T have any ehildren. And |P said, “Three | 4 my , 0 Then hetsaid, “bh bet you love your husband, don't: you, -don't you? like that, and T said, “No.” And he kept talking and he started to reach for me. Ile said. “T told vou to take your under clothes off.’ So, when he st: ited to rene ‘h for me, I told him that | would cho it: And. TL then removed my -stockings, my girdle and: my pants. *. .. | 23 QQ? At the time he sti irted to reach for vou, wottld yvou-tell ‘us ‘vour emotion: nl feeling at that time with respect to the frreumstane os? ; “NX Well, during the whole. time, | was seared fo death heeause I really thought he Was going to kill me, l never * ‘thought he would ti Tee bi: wk to work, =* — QO Now, you: removed What items of clothing at thag 7 “time? 3°. sf A. My stockings, my girdle and my pants. ; . Q Did he have sexu: ul relations with you at this time? A Yes, he did. . ; Q Didhe reachan ejaculation? — ~ . \ Tm sure hg did. it 8 4) You are a maryied woman and you know what the sexual intercoutse act is, is that correct? "A "Yes, Q Did hej in fact have sexual intercourse with you? — ’ A Yes; tip did. j SQ + Where did the sextial act take place, ma ‘am? ~~ A> On the front seat in theca Code Say act Q. Prior to the time the defe ce engaged in this sexual aet with you, what, ib ‘Anything, did Jie do, if you know ?’ .A) We had & jae etn. i took his jacket off ie na it on the back séat of the ea ‘ : ; () Do kou know how the ie Tendant, Was. dressed, if vou’ know? \ ; ha A An I could remember at ‘the time wat that he lind on dark pants.. | thought. the pants were corduroy, b wasn't sure, but | knew they were dark pants. And [thought he had en a dark. shirt and he had ony some-type of fuzzy sweater, | couldn't — tell what color it: was. Q After he had hadksexual intercourse. with you, id he say anything to you at that time? ‘ A’ You mean during the time of the re lationship? () If he. said anything atvall during the sexual re lation act or if-he said anything after the sexual act? A Well, during the time, [said something borate *I could hear cars. They sounded like they were se near to us and | kept telling him that 1 could hes ar cars and I thought the poliee was coming. : () Would you explain to the jury. wliy you said tis to him? . | . \ ‘ A--T don't knows | really thought, ‘sau ‘know, that cars’ avere on the street that we were on, ey Vi Q)° What did he say at this time? | a -A Well, he pulled the’ window down and he said lie could see out of the car’ window and there were novetirs on the street, . . 7 nn ; Q. Did lie say‘anything else? A. He told me if 1 would act like 1. wanted him, he wotthi— that hurry up and finish. and take me ‘back to work.’ Q After the sexual act was completed, what, if anything c else was said? W hat, : anything e Ise, did you do, or did he do? ‘ “A Well, it was getting lighter and lighter “at this time, and he Kot up and he told mé that he had messed his pants . - , ee 5 cup. And he told'me-to put my under elothes hack on and he owas srome f@ take me baek to work, and fe shad over inthe ey sind he drove back. to Nichols Avenue and baek | up Ntehols Avenne. Gomme up Nrehols Avenue, he said fo me that he eiesse vd he would never see me TULLE Tes Anil he, sued he shang come hack up to St. fs at 3.0077 ColoekFte Start my ear for me but Lavould probadily dave: Poleemen eve cowie and bosand. Ne, Pb wouldn't, He drove aap Niehats Vvenue and he took me. in the first nate on the left whiels wars not the ente he enne outcol, At von: don't know St, elivabeths. ven don't know the : rounds or whe he VOU Are ‘aciaia le took Ie back tn another hte. ’ rf vo ; Ges oes ei other words, he fowk youn by way of another gate : other ths an the weet’ Vepilett frome ee ese Sitar," Vos. be died he Ae To Pe oni ter Did he’ xtaty his name at any time while he w: us mn the enrre turning ven bare Koto thee hospiti il? NO When’ we went in tte ate, fe asked me or. ni) ene kets” TL took my keys out of my poekethook ard: taak Thee ° Car hevootf of mycin and eave him the ke Tle insisted that | had the wrong Key. told tim A chidt. Amel thien J c Jaghed him would he serve me my ear Key cbaek because my husband merehtleeme upaluring the day to try te start the : ar and: he told ime te tell him-that my keys were im omy > locker or somethings that: Feouk n't find them or TE coulda't ‘re { the he ; And he asked Ine for an enve elope of a piece of giaper or solpe thang, | teok AY pres ot Pepa out ot THN proc ‘hefhook and he'wrote the name #Charles” on the piece of paper. I don't kndw if Nes To has it. anda sae number, roa "SQ He wrotea phone number on a piece of paper cand ame Charles ? . 3 Nes, he di d. Q . Didkhe. tell vou that \ as his manie, ; AL Yess he did. and. he asked me what was my, m ime and ’ he . 1 Poieraedla.” | i zs Q Was the any disCussion as to place of employment ! ) ‘ . ae - AY Yes. This was when we were riding around after he “ff the service station. L-think this is when he was telling » - te about—he told ng that-he worked for Safeway, that he ’ : drove. a truck for S: Woway ¢ and that 7 don’t remember jusf - % . when he told me this, but. I know he did that he drove a truck for Safeway and th: if he lived in the Southeast dared that he lived on Athintie Stree fsand he Had seen me be Bs “nme: le knew. DP dived in “Southeast, Th Ns is all ne sad about. working, ; ; () Did you in faet live in Sinthias on Janiiiry ond: (aT? gael Sea a be deter ars Yes, bdid. °: hens ilien Cees ; nia . " Now, Wits there any other conve ragien with- this idividlngt on YOU Wily ack fo tte hospital, iF You can reel? 0 | re ay - @ +}, . Pdlon't recall anything ¢xcopt fordhe ear keys, AMM right, Did the sre Come atime whey He the hosprtal poundy! / Dan A. Yes. we went into/the gate and be proceeded to. take me orieht around to 14s Would iyer where I worked, 16 the yy actuatly side doorcof the buikdings Ani When he vot around to the’ ‘Sade door of the. borvilebinge, he fold mné to get out Of the ear and walkin the buildiiyeand nod fo try to wet his ‘five mann, her, that it wars not his erin any Waly, he borrowed it. : Jw: heal in the: Dual ling, and. whe nT votlin the building I looked back anid lhe was still sitting the re “anid I went. inte the Supervisor s aaflice amd told jer what iad. hip ypened, Q You re ‘ported What had transpired to the SUpery is or 4 atthattrne? © -.%, iy ty ' A Sees PO go Se ue () Who if anyone else, did Vou report i to at that-time? . AW We ae at this time she called the. head nurse that is on the ground in gharge-of alf the Lurie lines and Ste called: “the cuards, and the @uards came over, After the Vy found out what. fiad: happened, the night physieian came in and he said that since this had be . “hoff the rounds, it would - Q You'were Sresent at the time the police “ we rec alled ? ; have to he re ge to No! Te Preeinet. Amd one of the | suirds ¢ ‘called No. Uf. a vA Yox, And No, [Pealled the Sex Squad Rak | Did the police respond to this call. Rohe [a ¥es, they did. 3 —_ nes 9 e ss # bd a 7 ig ete . e ; — i , | i . ‘ 4 S . 4 7 * — > * ae yw . en ¢ ‘ @ * > 2 * > > 4 , Se “ 9 * . . — . '@ ia ,? 4 s%, *, © ** a ,* ‘ +@ Vou we ree scintnend, in that « +e tM Q) . Approximately whit tise wits a, ify vou know, when ‘the police responded? — F A. Liddon’t know what time ittwas, > 7 v Q New, when the puslie enIyr, lied you talk to ee pution salvoout thin’. : A Ves. Ptokd them whet lasnel Happened,” Q- What, if anything else, did .you de alive you hak expdained what had happened ee the protien? A 1 was taken te the Sex Squad and Chad ta give a statend ht there tothe sergeant) UL don't know his name amd thon the Set Squad took me to DCL General, ostpital where | was exantiged: and from fare, went home, he the Ireneegot tal # UA Vix. , 4 ” Did vou haw ocension ty sew this xayne-4ndividaat » that hind ragweed yon lon the Mornings of January Lond, the ssitager alens : ae. At \ Ven, 1 died. . "aD W bien wins that. Mire, Mayes! A “This Wits an the eseming, arent SAM or 1 after 3000. No JT Procintt came a te Mouse’ out told me that the” _gruared BY MBOSUNZIO: |. par". 2 Well, somebody cue te your Herth, vis that) rreet? A Ves. ’ “ he te! LoL Was taken back. to the rounds to wee if Tye " identify a ear on the grounds, °Q) Did you see alqaron the grou that you could, ide nfify! °° ot ‘ , KX Yeu Jt Was a white Ford Faleon, about a couple of lanes down fromay ear. * ° Q Who, if anyone, was ‘inside that car, Mrs, Mayes? A ~The man waj.in the ear that raped me that.morning. MIL IANS Objection. 5 N Sco () ds a result of ihe cons versation, were ™ aken any. — *Q) Was he sitting up in the car at the time that: you. , — hy od the ve hiele? ra . 4 7 ° ‘ao ‘ e a : -- en) AL couldn't see him when DL approached the vehicle, Q) When this person id fitally come out of the vehic le, what part of the vehicle did be come out of, the front seat onthe hack seat, if you know? A AmMe of the policemen ayn ‘werd the door and nde hin pet ont, () You wire poner erm aud thee’ dinewe that We ade him pert mtr. ‘ , A" Yex.4 wax, () What part of the vehiel® did tw retonut Frown! ? A. The Front sont, : And one on pe MEL LANNE: “jection, thete ix noe question peyding. MW COURT: There ix ne sae tion pending. Don't vol “ o tes r anything. - J by Mik. Mu NZIO: () Ihe yeu nee the person that you saw on the morning” of January 22nd, the jensen that raped you, in the court reno fandsay ; - , THECOU nl: Just 9 nome mt, Mr. Nunzio, wit. NU NZIO: Yes, Your Wonor. THE COURT: That i ix the sergnd time vou have charac _ terized 1 Ihe ke aelivities, Thix ix for the jury to determine, nod for you to characterize, This ix a jury question. MRENUNZIO: All right, Your Wonor.. bY MEL NUNZIO: Q) Do you see the (lan orsin Vint you ‘tw on the mornifi of the nd of Janupry in court today! , A Vex, 1 do, , ° Q All right. Would you idle ntify him for us, please, where he ix seated! | A Atthe table there (indicating). “MR. NUNZLO: May the record show she has identified the defendant in thix ¢ “axe, Your Honor? . y * THE COURT: The record will so. indicate, BY MR. NUNZIO: Q Did you know the Mefendant Barrington Joseph John- son before January the 22nd, 1967! s " ja we Ms * , = ' AN No bdid not, f 0 tat vou ever met him defote January the sind, pni7 ‘ AN Ne, , ; ‘) With rexpwnt to the clothing: that vou were wearing. on the merning of Aanuaty the 2nd, 1457, Mir. Mayes, we focat af sonny thonnnge, died vou de with that clothing? A Tiet were takett at’ the Sex Squad or at the Dens pital, that ix where they were taken, i‘) Te sour knowledge, were they turned ovet to the jrerbierer ; : za 5 NV Vers, thew sented thes were. () AG te time Mire folsom wits arrested if veut know were aM citems of vour- clothing in the ear that lee was sitting mat that time? ° \ Wellat the time Uhad lost a pairef gloves, VR TANNE: Objection, Your Honor. j VME NENZIOb: Let ine just oe 1, if J onay, Your Dheornerr’. “4 BY ME NUNZIO: () Were sen, present at the tints thie defendint was ar rested? ’ \ Vers, | Nils. QO ‘Te sour knew ledge, wars sonny theannge theca vou wore wear tae aon the tenere ane nege aot Annimrs thee Pomel, eee vou meee can thitng of sours inthe defendant” xenr ato abe ‘vlowk that affernoeon! a A Vou. JR Wy, ; ° (> What didvou seein his ear gt that time! A ot was a pair of white dirty leather gloves that 1 sed fer driving. ° ; () Pid you see the me gloves physically taken’ from the defendant's ear? moh 0 7 AN Ves. ‘) Now, vou testified that Vou gave the defendant the kevs to vour car, Did vou ever recover those kevs to the ear? AN Whe’ the detective or whoever he was, took the cloves ‘onthe the car. he asked hime about my car keys. Q Did youvever see your keys that afternoon! A - es. He asked him if he had the kev. “37 Q) Did sou ever see vour keys that afternoon? A You. () When you Saw those keys, where were they? AN MMe asked him did he have the kevs and he saver them fer betnen. + Q Thesdefendant gave the detective the ke ‘vs to your nr? A Vex. Vii NUNZIO: wast Honor, could thas item of clothing, the jacket, be marked as Government's Exhibit No. 1-for ‘identification; and may the skirt part of the suit be marked ax Government’s Exhibit 1-A for identi ion? ., ; THE DEPUTY CLERK: Governnithit’s Exhibits 1 and LA marked for identifieationf. (Veige suit cont and skirt marked Clevernee mt’s Ex- hibit tand 1A respectively for ilentifieation.) g ME. NU NZIO: May this white blouse be markes| Govern- ment’x Mxtibit No. 2 for identification! . THE DEPUTY ChE RK: Government’s Exhibit way 2 marked foridentifieation.. — . (White blouse was marked Governme nt’ s Exhibit No. 2 for identification.) . Mi. NUNZIO: Hf Your Honor ple ane may this lady's White slip be marked as i Seawer ‘tnment’s Exhibit No. 3 for Wlentifiention? »« ~ THE DEPUTY CLERK: Government’ Exhibit No. 2 marked for tdentification. : (Slip was marked Government's Exhibit N4é. 3. for identification. j MRNU NZIO: Your Honor, may this be marked Govern. ment’ exhibit No. 4 for identification, one bra? F THE DEPUTY CLERK: Government’s Exhibit No. 4 marked for identification. ? (rassiere was marked Government's Exhibit No. 4 for identification. ). MR. NUNZIO: And may this lady's pair of, pants, Your Honor, be marked as ( ioverninent’s next exhibia? ‘ THE DEPUTY CLERK: Government's Exhibit No. 5 _ ) marked for identification. a antion were marked Government's Mxhibit No. 5 for identification. ) MEO NUNZIO: "Mn L believe thin ix classified asin jrantie girdle, Your Toner, May this be marker) is Government's nent exdubit! ; THE DEP UTY CLERK : Government's | Exhibit No. 6 marked forudentifiention, - (Panty girdle was murked Government” s Vexhibat No, 6 for wleritifientron.) THE wp grew ould you come to the Bene ‘hoa moment, ‘rentlemen! MEINE NZIO: Ves, Your Honor. ; CAT THE BENCTE:) THE COUR Pr: You practically undressed) the worn. Is all this songs in evidene ef WENT NZIO: Yor, Your Honor. Sperm wis found on it. and the bra had duiir and fibers on if. Vhe evidence will show the sweater, hg was wearing had a furny fiber and fibers were ound on the bra, ‘ , THE COURT: All right. q just couldn't neare ont how this is coming im. Ay MR. FANNIE: Lam not going to its to any of At, Your loner. THE COURT: Very well aay ee > UN OPEN COURT. :) an ~ MR, ANNI: If Your Honor pleases, | will wae no ob- jection to them being intreducéd npen her just identifying that these were her clothes. THE COURT: Well, let us go through the identification Process, - MR. XU NZ1O: Yes, Your Monor. THE COURT: Take them item by item. MR. NU XZ10: Yes, Your Honor. L intend to. | think for convenience’ sake after the identification, we will just package these things. BY MR. NUNZIO: . Q Iam geing to show you these items, Mrs. Mayes. Do, you recognize Government's Exhibit No. 3 for ‘identifica- ‘tion? , Yes. , ; ) Have you ever seen n this before? R- SS (2) What is it, please? A Wismny white slip. Q Were vow wearing thix on the morning of January the 22m, 1967 7- Ae You, | was:- MK. TANNI: No objection to its introduction, Your Aloner. ‘ BY MEL NUNZIO: Q Can you identify ‘the Governme nt’s Exhibits J and | A before you, Mrs. Mayes? A Vou. , )) What is this, please? AC My suit. . t : When were you wearing this suit, waa a ? The sean Morning. P S January the Ynd, 17? | ° A Yy es, . . * ME. TANNI: No objection to those bei ing admitted, Your Honor, . BY MR. NUNZIO; ( Would you identify for us, please, if vou ean, Gov- ernment's Kixhibit No.4 for identifie “ation? A Yes. | “ Q What ix it, please? - wy ees A Itisa brassiere. *. Q Were you wearing thix on the morning of Januasy the 2!nd, 19677 : A. Yes, | was. Q ‘Would you identify this 4" us, please? Tell us what itis. It is marked Government’ SWxhibit No, 2. A tt is a blouse, It is mine, Q °° Were you wearing that on the morning of January the 22nd, 1967? A -Yes, 1 was. 6Q) And ean ven identify Uhesé for ais, they are marked Government’. le ylubit Nooo for mentifiention? A View. 7 Te ‘v Hte parities amd ther are mine. OL Were \our wenn these on the morning of January three ane, 1h, * ° ce ee ON Ves, 0 ware 1, oe cae . A () What about the renin. Government's Kx hadoat Noa? - : : : NV Ves Db was wearing (hat pouty girdle. - > Is igs ver prasad y sindle? \. Ve 7 () Wer 1 seu welnings that om the mornings of January ttre ota | Tor .% ; NO Vek wane idl ete () Nand these sare the same tems that vou surrendered tor Slice prrhioe, «that correet! 208. ; Ve Ves ; MEOTANNI Xn abies fren, Your Loner, orm KS - rHren WV! Neveu offerm: them now? — - ME NE NTO LT wasn't offering them now, Your Loner, VE TANSE) Well, it doesn’t make any differe nee. TE he wants te otfer them, Phaveiebyjection. af ' MENENZIO Lwill offerthem now, then. Tie MELIANNE: Noobjcction. —, MEO NUN ZIO>: The Govefnment would then move unto oVidenes Government's Exhilits Nos. t through No.6: I" WE COURT: There being’ ne objection, Government's - Maloiuts oD ALS S43 and 6 for identifi ation: will be eats od ints evidence. . oo gn Gavernment’s Exhibits Nos. 1 through G for identifi: ction were received in evidence. ) ; BY MK. NUNZIO: ) Wer vou examined’ by a. lady police office r, Mrs. Mayes. hil you were at the Sex Squad or af the hospital? A Twas examined af the hespital. () To your knowledge. were any pubie hairs taken by the polite trom You. a lady police, if you reeall? ” A. Yes. : oes . . : Al. () Now, Mrs. Hayes, can you tell us, if you do know, approximately: What fine was if Affat the defendant re- turned fo the heaspital on the morning of mire Aas nd, G77 WE vou do know. Uf you don’t knaw, just tell us. A bdon't know. shoe MEO NUNZIO: ir Your Sans please, my these ploves Ie “iarke | ini Government's Exhibit No. 7 TH Daue TY CLERK: Government's Mxhibit No. 7° - marked for tdentifiention, (Glover were marked Government's Kixhibit No. 7 fr ilentifiention.) BY MRONUNZIO: ‘ 4) -Mre. gt » bask you to take a look at Government's —Vshilit Now 7. Can you identify these and tellus what they - are, plense? * A Whitey Hewes They are imine. () They areyours? ; A Vex. . ; () Are those the gloves that you had on the morning of Jantary the 22nd, 19677 A Ves . | Q) Were these te gloves that were reeove red from the defendant's automobile i InYOUr presence? A Yes, they are, een og MR. NUNZIO: Your. Honor, “may this set of keys be | , marked as G overnment’s [6 schibit No.8? 0 ty . THE DEPUTY CLERK : Government's exhibit No. & marked for identifies ifion. * i (KKevs were marked Governme nt’s fF xhibit No, X for identification. ) pan BY MR.NUNZIO: () Mrs. Mayes, I show vou what ‘has heen marked ax © Clovernment’ s Kxhibit No. & for ide ntificstion, ‘Can vou tell us what they are, please? Hav e you ever seen them before? A They are my ear keys. Q Did you have these keys on January the 22nd, 1967? A’ Yes, T did. — Q Ate these the keys that you testified to that you sur- rendered to the defendant #n that morning? A Veu , ns. sal () re these the caane heve ven satd ven caw recovered from the defendant on the alfetaoon of daniuagy Che ome, 1M, . s \ Ven | ; ° “, WEONUN TOY That Comets mduly wenee, plen Hee i. (Ax hott pie un proceedings ) InN Why NUNSZIO | : Q) With respect fe that preee of paper, fe whom, af anvene, miavam. did vew Qarn thiat preee of paper over » ie, ome that lad Che mame “Charles” aveittenson it? A’ The potee offices oe , () Now. von festafied that vou dind ao tha rord condition iy beans ad IMs, is that correct ? | . \ Ves ao! . , ‘ i ry = QD -Ubsvs tiat tlie rend. ond tion been corres tod Me cny wary 7 Vo Thad surseryin. Ajprailtor it - Where did that’s sursery take place? “ cam Vo Catia Has pit: tl... ee () ‘ taton the neck part ‘of your ‘Dv f a Ve os : oof 4) What efleet, uf anv. did a Biik arni around Jvout neck have upon that thyroid im January of 19677 MT ANNT: Pethink that Is irre fe vant, Your Loner, PH COURT. Ldon't know whether she ean destity ts» cofect Are vou asking for a medient opinion! + VR NUNZIO>® Let ime rephrase the question, Your Ton or. Lettie withdraw the question, — THE COURT: Let us start with the premise that she cannot testify as a medieal expert. ME. NUNAIO: No. That is not the question®Y our Honor. Let me sant: s ‘oplrase it. Perhaps L-ean cla@y it for the “sake Of-the witne ss as We las the Court. BY MA. XU - Dad thon Inet affeet your he te on the date an ‘question, Janusny 20 ul, 19607, when he yrabbed you nround thie nek ? A. Ves, I hate bintiaitias heavily, MER NENZIO: The Court's indulpence, plense, ° (Short pause in procecdimngrs. ) BY MR NUNZAIO: : } 4) With respect to the automobile the defendant: was driving, to whem, if anyone, did you desenhe that auto noble after the ‘AToniinnt had dropper you off at the hospatal? : . 2 AD fin pot sure dot was, the winrd or No. VW the first people DP tried to desertbe rt to. , 4) Did you tell the police? A You A) Anil everything that vou have te tified to tuok place. hereah the Diss Ariet of Columbia ®. A Ys yt did. . MR. NUNZIO“ No further questions, Your Honor. THE COURT: Would counsel: esme to the Be iii a moment. ‘o a oe a - fi ; ows (AT THE BENCH | Tul K COURT: | assume you are going to have pretty “oxtensive cross examination? + @ A * MR. JANNI: Yor, Your Wonor. . i * THE COs RT; -f would like to | Pecos the n. MR. NUNZIO: Also, ‘there isa Je neks Act statement involved and J think Mr: Sannii would ‘yike to look at the ’ statement. ? . ; . : ~ e * . THE COU RT: Look a it ove ri ght and we will have the CTOSS-€ xamination tomorrow morning oa “MR, TANNI: Very well, Your Honor. (IN OPEN COURT:) ; THE .COURT: Ladies and gentlemen ‘of the jury. I understand that the next phase of this testimony is going : ( , 7 oi Z ot f i to be rather lengthy, so.we are going to recess now until 10:00 v’clock tomorrow morning. .° re ~ Tt would be appreciated if you. would meet in the jury - room immediately behind this courtroom at about.a quarter ‘to ten so, we can be sure everybody i8-ehecked in. ' Do not talk about the case among yourselyes or to‘anyone: else. mi a 3 ay, | (Whereupon at 3:47-p.m. the trial in the alinye-entitled matter was recesseduntil 10°:00.am..on Thursdiry, Janu- ‘ary 18, 1968.) © *%, . . rs. : = . i Pee, Cr : : Pelee Sy ma « = 4 be , . > District t Judge, and A‘jury at 10:10 a.m. ae ; “IN THE: UNITED STATES DISTRICT COURT _\ . FOR THE DISTRICT OF COLUMBIA eek ee ar Criminal No. 335- 67 2 ae 4° . Uxrrep Srarrs’ OF AMERICA ah ice Be \ a5 i a : v. Bisinipereon Jono Joiisox,. ea | ‘+ Defendant. WwW ashington, D. a ee fp hursday, January 18, 1968, e The above-entitled matter éame on for further. trial before the Honorable Howard F. Corcoran, ‘United States . ms PPE A RANCH Ss: On behalf of the Government: s*- “> NICHOLAS Nv ™Nz10, Esa., Assistant United ‘State S Att Bey "On behalf of the Defendant: SaMUEL F. Tanxni, Esa. PROCK EDINGS' — THE COURT: Good: morning, ee and ge ntlemen. Good morning, Your Flonor. . .. : ¢ THE COURT: Are you ready to proéeed? ~ MR. NUNZIO: Yes, Your r Honor. We have reached « cross- * examination. * : : : _ Whereupon, | : LUELLA ESSIk M AY KS, the witness on‘the stand at adjournment, uemed: the wit- ‘ ness stand, was eX xamined and testified. further as follows : : CROSS- sisasipreumtiame oii BY MR. *IANNI: Q gece you understand that you are still under "+ , ° A Sinee December of 1959. - ‘ ie, i er oc PY Boone 4 oath sind the’ i mere ‘fact that you took that oath yesterday and have gone home that it doesn’t myke it any less than it was yesterdgy. “Do you understand that? _«N Yes. Q) . é ic ne @ ; oe * How longe have.’ you worked. at St. Hlizabeths Hos. pital! . o Q % Mm January the yond, what were to be, your hours of employment? : AN 700 fo 3:30, | fet se rang - - QO. What fime did you leave home4 a ee = N Twelve minites after six, ° ~ A: & o- QS And about how long did it normally take ‘you. to, . _ drive from vour home to Sf Elizabeths? ak ‘ A" About 15 minutes © ~ fe” Q .Now, dil’ you have’ any trouble with the. automohile * _prior to it dying out where it did at the stop sign? AN You meanafter. I left home? - oe: Pie Pans .Q Vou. © % : * : : jie Pie ; Qe Do you. know how long it took you to rob from home ? to w here’ your automabile: stopped ? ‘ A Approximately— 1 can't remeber right: now. 4). Well, approximately. ep. ae A Well, 1 would say about five minutes. . te Q) -Five minutes. Well, how far were you from St. Mlizabeths Hospital at that time? re iN Only afew blocks. | my. P a, And how long did it normally take 3 you ‘to drive to St. ke lizabe ths from your home? A” To drive from home, it would take me normally about ‘ten minutes. i) So that you we re moye than half way, right? ¥ > SS : 1 was. i ; re, () So, at the time you arrived at the place where. your ear broke down, it was approximately about 6:20; is that correct! A Something like that, ves. ¢ “ . > 7 . x Pte er - % 7 1 Sel ernie aa ao . | Sh Le _ Q) But was only eight minutes after you had left your | home, Is. that eorrect? ; . A Nes, - re ea hia Meise (y Now: ‘aid’ you immediz ately £0 into the gas station? : A Yes, I did’. : . he . . [2 Right away? You dfdn't try to Start it or try to. find out Phat was the matter with it?” me - A [tried to start.it after if eat off and then I got out of 4 the ¢ car and went to the service station. “() -Where was the attendant at the service station? | + A Ile was inside tle stations "5 047 ating ee () ‘He was in-the inside of the station. ‘And you had to%o- into get him to bring him out, is that-correct? A When I walked-over to the station, he came outside. wv He « came outside ‘and thet you? + ~~ A. Yes. ° *4)) And did vou have a conversation with him? - X ee just told him my car Tad stopped and asked him if he could start it for me. x .- @ () And then you had to. teH him where your cdr ‘was, .is ~ . that grinds . ; A. We]h,- he ould see Tt?” it was.’ parke ud right at the i corner, * | 2 (Te could see it. Well, then, lid he gp -over to take a look at it? Ls) ‘ * A Yes, hedid, ~ Ms peat () And-how long did it take him to-go over antl take a look at it? . ee Daa” * A I don't know how Jong. - (Well, J meang you ean estimate, Did it take a little while or very long? . A. Well, it Gidn't! take too Tong. é Q Ile went ove r and he tried to start it, is that right? ‘hee 2 Q) Ile looked at the hood, is that correct? A Yes. # () LHe looked in there, is that correct? A Yes, he looked at it. Ab : 48 » f ; ae ae « s Q Did ‘tue over with in? : - ie ar AS Noy 1 didn't. “s ey ft Ge, Q ‘You stayed at. the station? nade Ao 0 a ‘ ‘n there came atime that he came back, is that ° correct f. . " , ; AUF Us, Ae sik 4 x me Kad fet fold you something like he didn't nag what was the matter with) your cir, “or he thought it was the spun gh is thet right? , “AL Nes. 4 Q Now, then yon ot oon the phen and called - your husband, is that, right? A Yes, Tid, | 8 : All right. re : Sie then you hada pretty long conve rsation with your hustand® beeause you told him. tt had broken “down and vou sold him what the attendant had’ fold You,. isn't that oli? Le aie : LN Yes. coe" io Q “And then Mr. Johnson came into the Kas ation after that. is that Might? — * ; phone. 5 Q While vou were talking on the phone. Now, he pulled into the gas station just like any: other gustomer would, is that ‘correct? A Yes. ‘ ae a ee . P ) Ile pulled up to the gas‘ prmps? A = és, a ) Ww here was the telephone in relation to your ear, has it-in_the linjlding or was it on the oushide?, A’ No. it was on the outside. ? SY eres . > Q W 35 it closer to the building ‘than: thie building was to your ear, or was the telephone closer to your car? | A No, the telpphone was closer-to the building. Q It was closer to the building: In fact, you would. have to walk past the: gasoline pumps—W hen walking from o S. * A The came into the st ation while I was talkingson the * . , - °, . ‘ ‘ . : i a ; . 49, \ A odes aS Be Nees ata \ telephone lo your ear, you woukl “have. to walk past thie gasoline pups over fo your cars ‘is that corteet? A There. Was two plimps there ane one of them, ‘vou wainld, yes, aes oe r ) Now, did he pult up and jump rise out of his car and cothe over fo you, or did he, sit there tat while? ’ “ a ’ ¢t / - > 6 ‘o o> nas ear and eame ave? to dhe plione booth and asked me was thating trenble . . Poh, 3 | () Was. the se rice atte nant taming reside syou at this time 2 = -, ead or . ve A The service atte ‘ndant had come fake () Ile had come back ? i f A . Yos.# } ‘a . é () Was he Starling close to vou! , a. ) ‘ A. Tle wits standing outside the phone booth. () Well, dad Mr. Johnson come up to you in’ the phone booth or did she come up to the service attendant ? “No, he eante up to me in the phone booth. « () WI% walked past The service: attendant and what, epeneck the door of the phone booth, or whit? 7) « A The door was gpen. 1 had the door open. Q And he asked you where ial = a to vo; is that it? “How far’ bh had to £0. low’ far. And what did you tell him? ey Dial oo how farthat was? No, | dodn't. , . iii () You didn’t. a Well, did you decide: right then and thes ‘re to have him — push you 6r did ‘you talk fo your husband il 1ittle furthe ae oni. A I toldemy husband that he said he would push me and he said, “Okay.” f" . wn Q And after you talked to® your husband, You. decided 2 it awas “ay right; is that “Correct! rN A Yes. i 4) Now, then you hung’ up and went over.to your car, 2 is that’ correct? i Oe : ; eee cot ARN DAE. oF oder ———- * ie . ee , Ae Wellohe pulled over.to the pun@eand got out of his, d “A () AS .A I said to St. K's, Si 4 - A « s » or about five or SIX, . bloe kg,- isn't that eorrect? * vw Sd that time? ? Wa ~ ici it: ttn ede gts s ° Gh Wire i: ts 34e (y. Hid vou gro ove r immediately? s fs .s ee | A. Ves, [ did, tele foes ier’ nea , r. ed ot . “Q) Did: vou ask nd gh if you owed, hint ainy- thing? H a lesaid, “Phank you" to’ hum, — You didn't ask hinval yeu owed him anything and he ‘ts ask You totpay: him Pay thing, is. that AS a No.1 did't: Steg ad lr? — ve “Now, how did Mr. Johnson have to get his eftr from: a re if was parke ey Infe where he could push yout ¥ K He had to turn it ‘around: nae PETS a () ‘And this took a little bat of time, didn't it? oN ‘Only aomnute ‘to turn the ear around. e- Q) dust alminute. Aq right, 7 i a And then he eare aroun) when he was behind you. - When he’ got Dehind vou, were, vou already. im the ear? ‘\ Yes, Pwas. " we aa és All rusht. Now, were yousstitlcat the stop signe at A. You. + ; Bes 2 ° () He st: arted ¢ ‘to push you out onto Nichols: Avenne;. ‘is that vorreet? 2, i ~ “N\ = A - Nes.°- pe eras a eran Did weu-wart to see if frafie was clear? \ N ‘ . « + There wasn't any trafic coming’ at. that time. mj Q There wasn't any traflie, But you did take a look to’ be’ sure if pt Was clear, Is that correct? ’ ‘A. Ves. , F ae ; Q “And then’ he Started: to push you. % » aS Y CS, QW New, it, is vour: testimony: that this was a. distance = o And that was to the gate at St. Blizabeths? eS OS : 3 tera Q "A This was fo the building Dy here I worked. * Q To the buik ling where’ ‘youssorked.”. ot A’: Yee. - ¥ 5 ‘ (oe, } 3 ok ae : -(> Well, now, could: you ro Very. fast wig he was . pha VOUT S227. : °.° ate ()° It seemed 4ike a long time though, didn't it?, A. No, it&didn’t: 5 ai alt Q Well, then, was it. right away? A . Whoeve r, it was in ‘the other car, they we ry parki f anyway at the time. | y . - ms ms of fang o Q When you pulled up: there, this. person vase - ear, right? - 7 A Yes, the lights. wereron. en e | Py i de thre Treditecatl nant ot an + . think he was try) ng to accomplish? Gora wing . : » A . . i A ‘ 3”. ’ e - he - . : * ' a? es ee face: yy : ; enti * Saf ° The ligtints were an 7 ge a oh ts Gi af ; Oe eRe Pass ac an a . >, “Anil then ‘did: (her ie come "a fimihen “Chis pidison the olher Cart: se \ Riehl | ae () ‘Then Wo Wars sem Letts thai! Valter His happened aire theif per Pre He ensheste a Bes { aviv hes ear engi fon ress, where avis Tis s F ; et ‘i > . \ Wir ht belied anne. ay earn prjeteas 0° voi s ae S eres Y Raisht-he Ninn. And at that fine he sot ott amd eniig: up fo veut ear risht? + chine. \ Vos | ; ey oe ee A oe | QR We ope nthe sloor or. yh at vou aJrendy ape ned the ae ‘ i? Nén don't rentmber saying anything.’ Well, thenvheé said. "Get outs” is that it? 0°? ‘ ; 7 7 ° 1° & ° / : *“\° He told: me to move.over. 2) ay ~Q What did you. say in response to that, if anything? AT said I couldn't move over.” , ; .Q- Well when he told ‘you to Move over, what did ) you ‘o a ite Jolnsonethen | pus heat yeu inte Wis spol? yaw what did vou say sit anythim®, when he pushed Xow, alter. he pirsbed: | vou inte "8 spot, “venus ean 4 A Doaveally cient ow. Q You donw'f. kindow.. Well, you, couls n't move over beeauge of thie censole, WN AYes, et . s ()-Dyal re () a's rr wae + « “~ > then, you say. You! ‘9 bay se © he ask you ite get ont A blow 't, know: Theo rib head my may Te At Aris. () Your Ir Mari, With whic Wy of bins ans Q “You don’ f Know? ? “A * don't know. -() Pheer le rah hed your urn. arm ane tole ane » i Te ° Tora - Oo»? . . E & Ae o ob e ° told hint mS that it? .- @ tay re t ok. ae ow, whieh arm die re “perab? _N hi 4 7 Vid | i? I didn't neuCe: Mg CAN? rhe terol you tit a” did he serab, Let tnesask one nics ion here, Was Your physical appearance on Jianuary the 22nd, bdo diy, any litte re mite or sabes antially any hite re nt than it. today ? A W hat io your me Cant: ao (yo You appested Biiyereay f- correct? gr * i Wellicvour, thyroid: ‘at that. time | omoved, isn’t that, correct): A. No, it bevel not. Y A: A) Kxeept. for my thwid, “Q Ithad not? A: No. @, « us: you do stoday, e had already been. - ( Oh, Lthought it was your te divans on direct exam-, ‘ination’ that -your thyroid had “alre ady heen ope rate q on. a Yes, Q And while he was taking you from Say “yes” A Yes, the car.was running. : 4- ’ to. that? Now,: *% No, 1 hadn't hack it yet. (All right. when you. got back into: his that time? - 2 he got you ot into his. car. Now, Gar, ‘was his car running at. Q *You- said the car was running? A. « Yes. . | ¢ h is car~—Did you ‘is that « e % ve eo the nited Sti ites ¢' ‘ommuissione r in this ~ a ago! : : = . : . ‘« — pan uua rr pre | Qe. Andon th: at patric ilar: das,’ vou werk sworn, isnt nay, correct? oan ar as. ges a \S Abe Te ; |. @ Lea ee = a: 3: Do. you recall ) (Rause in proceedings. ) ect BEES os eee ~ \ MIRA ANNI: The. ( ‘ourt’s s indulgent «, Your, Honor.’ mts m ®t > Y eres Oa / at ‘ ‘ aos - : BS 3 : NS : 28 : J = tye. mas “S aes eo Are vou oti: of. Agat Pipe oe reeae ves terey e a aie A. 1 think jt*was, running. Uh eenteNee maeea kas + 5 Qe Well, Mrs... M: AVES, VOU remember - ‘testifying before building some time VR. TANNI: Lwul let that ro at: this’ time, Your Honor.” j Tein’ t seem to find what, Favould like. THE COURT: We wi “strike that. question. the. jury will disregard it. - at ata Yt ueineee “MRA TANNE: Yess 005 ¢ ee Pees - (Government Gounsel and défense “hash conferred. , privately: Be See Nea ae eee Seaitaces pee epcmamen ie a MR. PANNE: Mr. Nunzio was kind. enough to ‘pint it Qout. Your Hoeven 6 ee. Sees ice oMR. PLEO S Merely as’.an’ amicus curiae, “Your - Honor. 5: Pata ee nea cee WR ae he | ae ME TANNA s yy) 5 Oh a oe ele This question w as asked: ef you: “And what.did, you a W as his ear still running w hen you rot back -in it‘? Do you remember?" * 3 ae oe glee aed Me And? vour answer was, “I don't ‘ennai | Do vou remember testifying: and giving that. answer? Bes don't recall. .- | Saaeee t) You don't cae AE RS seen ot eae ” 'Q.. But that eould have Been your ‘answer. on that par- ‘ticular’ day? “A It could sides iain. ~ Q (So on that dav,’ your. a swer, could, have beerthat you didn't remember whether h® car was running. but y8ur :answer todgy’ is that hjs car was. running, i is. a et itt “MR: NUNZIO# 2 Objeclen, Your Honor: The Witness i iealal she: thinks it was running. THK GOURT: Yes, | think youa are misquoting her; Mr. ao =fanni—You had. ‘hetter clarify this. There seems- to- he Bom, some Confpsion.. Ss ieee AS ey. BY MR. IANNI: Ci ueee Poe aa | Q) Da you seasiesrdbeie if his. car was. ‘running? ee Sobaetey oy “A. {1 Said: Z| think it - was running.’ ae ; - Q ‘Yous aid. you think. it was: running. New, what kind of a ear did he have? a oh “ylt was, a small ord... ee ; . - And do you remember whether it was an automatic. traps or-a standard transmission car ? No, I-don’tvre ‘member that. : a #.. When ‘he Bot’ you in the ear, did" he immediate aly take, A “Vos, he ‘did. | — , IQ: Did: you seream at any time from. the time: le took: 4 vou sya your éar to his?.. 9 * +) wi AY Nosl didn’t. pine DOG ee Hs, Q. bid you nie any noise? Saunt i nee . \ No, I didn't. .@: cg eens ; LESS -) QeW shat ee You, think was - ioing. to happen to you at | ‘this time? || : A Fdxin’t know what was ing 0 happen to me* She- raise T was seared to de&ith. - + “Q You were. seared. ‘Well, he didn’t “herve a weapon, ' ldid het... - Bott ‘-, No, hd\did. not. _ Sipe os Q You didn’t. see any weapon, did yout ae A No. heey ats toi ; ! “Q Then he wasn’t threatening you with any weapon, ashie? .-) pele. a ‘As No. i é 2 é ‘ wae ‘ ‘ ‘ : he : @ Then. it is’ your testimony that when hey got to hise.. ’ ear, He put you in, Whieli “side of the car did he put ‘you in? ‘ A‘ He pushed me in, on the driver’ S side. Berek —Q: And then he got in after t faut i a nae ear oy ° sp +. er GC. . . . ..4 . * ° - : a> . — ” ¢ t mM a ae aa Pinel ac Beaty Ce « “He then. leu to haeke- up, is ‘that ‘correct? A+ I don't remember that either, ao . ” $9 QQ) You dont remember whether ‘he hacked up or had . to go straight alieadcin pulling away? os 0 ‘ AL don't remember him, bac king’ the ear up. ies é z AB ee ra . You don't remember hin®@bac king. the car. Well then, 1 he left the grounds of St. Mlizabaths, is that correct? “A, Vex : : ues y rem the plac e where you selits were, it is a fairly: - . considerable distance up to the gate of St. Mizabeths,. isn't that egorrect? | A Yes, it’s a distance. ’ Q And on that particular day. As there is every day, -but on that particular day, ‘there is a stop sign that con- trols the intersection of the exit of St. Klizabeths’ at that area onto Nichols Avenue, is eh, not correctt ey A EM ‘ @) ‘And in adilifion to that, there is a guard at a station there, ix that not right? ” A Yes. - : : ) And in fact, to get up | to that approach, it’s a little rather r steep inctine, isn’t that true? +A. What do.you mean aa incline? . “© () Well from the bottom just before you, get to, the entrance, the lowest -point. you hit going up to Nichols Avenue which ign't very far, ‘maybe | only a couple car lengths, isn't that correct? There is a ise of maybe about © len feet] .§ A kdon't understand the question. Q Well, to get up to Nichols Avenue, you have to | go up a hill. No, that was not the wr we came out of. Q. Which gate did you egne out off aie" A. Out of No. 4 gate,.up by the Safeway. ‘Q . But there was a guard there at that gate, is that right? A I guess the guard was there: . ee rans ad “3 ote NS ee , . : eee! oo ° (J At this. time? clidl Mr. Johnson ‘have his arm around you? ; A No, he still wis holding my arm, | () And he stopped ait the stop giyn, did he not? fue = A No, I «don’t think so because I think the light’ ee . green when we éame through the gate. QY You mean, he just drove right onto Nichols Avenue, not stopping at the stop sign? , . A Its not a stop sigm at this frate, it’s a Fight, Q AV ogne pra red Hight and green light?” ‘A Os. * te ~» Q- And it is your te ‘stimony that he had the green n light.” A? Yox. 1 don't re anembie or him stopping at. the watt’ . () You don’ t remember hin ‘stopping, ‘Then Mr. dolinson’ rolled diwn the window, ds thatat? ie Ves. ‘ a tS “ 17 ‘ Avid | at that time, he had his arn around you, right ? AN Around my neck, yes. : () Aronns! your nee Ak: And the service station atten dant, came up to the window?! % =" A Yes, healed oe 7, . () Sothat he was maybe as close to you as I am to this juror here, ism't that correét? , oe A Vos. e , A s e a ae And you didn’t’ Scream or make any outbursts then,- «hid vou! 5. 16 e ay A. Leould net sv ream then. " . 4) Ww hy couldn't yon sereane? We had his amin around your neck, | understand: that : but did he have’ his hand over your mouth? ; LA No, hezdid not. *, @ And ‘at ‘this: time vou badn’t seen any weapon or ; anything set, had sou! . ° A: Xo, I hadn't. (by fact, vou never saw ay weapon, did yous A Now didfi't. ng f () ‘ow xthe man gavechim a dollar's worth of nx and then Mr. Johnsen paid him. Where gid Mr. Johnson get the meney to pay Itim? en \ He pulledit-out of his pocket. “6 Whieh pocket? At think it was ms; left pocket. ¥ ‘ : 59 4 Q) Did you see him take the money out of his por ‘ket? A Ile pulled something out of Ws pocket. and paid the attendant, . ()) With which Rand did he pull it out?’ A Well, Jie had his right Wand around my neck, so it ust dave been Nui de 11. ° : () Tt must fave heen his. Leff hand. Did You see Te - take the money opt? F AT know he pulled sore thing oyt of his pocket. [did not see the money, no. : ~Q And then after he paid hin, he rolled up the window and he drove offs ts that correct? AN Yes, () Now, then quite a bit of time. was consumed in his riding: around ssigeise parts of Southeast, isn't. that correct? is , A He didn't ride in too many diffe rent parts. Q) Well, did he talk to vou during this timed A He was tatking while he was Ufiving. () How long dé’ you estimate it’ took him to vo from”, the place where he bought the dollar's worth of yas to Where he stopped? . (A Ll don't know how dong. If wasn't lony. () It wasn't dong? A...No, 4 Q) Well, let me ‘sales this: Kroin whine he put you in his car at St. Klizabeths to the gas station where he bought the vas, do you have any-idéa how long it took him to yet there? » ’ « A | would say about five minutes, () About five minutes. Now, to where he parked, was it a longer time or.a lesser: time than it was from the:place he put vou in thre ear at St. MMizabeths to the as station? ? * A Longer. - | : oe ee Q It was considerably longer, was it not?’ ; A No. ; () Well, it was at deast twice as long, maybe even three times as long— rn 4 af 60 MR. NUNZIO: Objection, Your’ Honor. Ue is arguing | with the witness, a : THE COLRT: She has alre: ‘uly answered no. wy MPLIANNI: | ay ‘ > ¢, i e . ” You don't remember. | A just when it’ was, / Well, now when you vot jo ‘the at where he parked—— the car, V what is the firstthing he said es XY We asked me if. L was married, * Fe “QQ And you told him you were. ‘ he: Vo ig ot ; () And: then he asked you if vou had anyghildren? 3 A. Yes. ‘ 7 ¥ > © And you told him you had three? oe ‘Yes, : Q Then what did he ask you, if anything? “A He asked-me did I love my husband. Q.-Just that way, were those his exact words? A No. He said, “I ‘bet you, love your husband, don’t you?” eat ae ‘Q And you told him you did riot. A I-said, “No:*:- ° “ at ety 4 ® ; : E - Ol. . ~Q Then what, if anything, diklie say? r A remember he reae shed across to me ik he said,, “TL told you before to take your underclothes off. ; () You mean he had told you this before? * : EY me A When we MESS TIO along, yes. () Youmean when you'were riding along, he told you to take your unde relothe Ss off! 4 Won, é A ¥ex.- | 9. | ee (Did youn ask him whi ee ae A No, I didn't. () Well, when he -first asked vou ‘to take your under- clothes off, what did you tell him, if anything? A I didn't say anything: ” (). You'didn't say anything. You, pretended like you didn’t hear hime? e- : . + m Al just didn't Say anything. (2 Then, vou, say, after he parked, this was the second time he asked you to take your anderclothes off? ‘ss A Yes, it was. 5, 4 ¥ () Did he specifically say what unde relothes he ‘wanted you to take off? a rs oe Aejust 3 said: “my y underclothés. ie Just your underelothes. At this time had he. touc ‘hed any parts of your privates? A No. ° | ae e | 3 — Q Tad he touched any part of your body below your ign Sea IL ; oti: cee yee A No. : Evia Soeee et ar me * Hadtye attempted to kiss you? A No. | : *(). And when he asked you to také your underelothing off, what did | you fell him? A Well, whoh he reached for me, he s éid he would take the m off. I said, no l’would do it and | removed the m. () y ou told him this hefore he even touched you, is that correct? A Told him. what? wet; te 2 Pa e 7 hat. you would :take— You adil: He ieched for me. ; and l told him 1 would take nly underelothes off, ; AS He said he would take them off and. Maid I would lo See ; | : Cee, -@ How long do you imagine it took you to take your. unde relothes eff? ey A , $ A’ I don't know. - j if -Q Ut was: pretty hard to do it, wasn't it? A Yes, it was.. (). I mean that was a small ear. Jt was cramped condi- ‘tions. It took considerable time, did it not? A 1 don’t know how long’ it took. Q. And ‘what items of clothing, if any, ‘did you take off? A’ My stockings, my girdle and my, pants. “He € (2 You took them off inside the.car. You didn't gét out + of the car to take them off, did you? ; A Ma iG. ee ‘ ; Q And this occurred i in the front seat? A Yes. Q Was this car a tw o-door ora deus dote car? , A I think it was 4 two-door. uy ‘ * . > Sneed Do you remeniber : Ww hat time you'got to work?. Paid A - You mean back to work, when he took. me hack to 3 work?.. ; 3s £ e : Ass. =~ 94 ae Be =~ o RoE Gas ae OE grt at ‘ be ‘A No,'l don't. recall what time if was. s ‘ 4 ‘Mrs. Mayes, did you at.any time tell anybody that the aet oecurred about 6: 45. ey Sey Bi A = IT probably did at the tin® | gave the statement, -hut > now T don't remember all ‘the e xact tines. Sie” i But you, said it prebably oceurred about ( 6 45. (A. I couldn't say: that now. ; oh hes Wea, Be QQ. Tam only asking you did you ever. tell sori oN _ it occurred about.6:452 fi =: | told the Sex Squad what ae 1 thought it happened. Naf ‘vou told them’you thought it happenal about . iD a, is that not correct? 6. A 1 don't know What time IT told them but | did at that time, * . | Qy Andy told the Sex Squad thrat very morning when it happened, so it was fresh i in your mind i is that einai "Nig pee A Yes, ae! ; ike RT Q Now, when Mr. Sotieion bro ght Na back to St, ee Elizabeths Hospital, did you tell him here to take me ‘A No, I did not.” +, -- ei Q . How is. it that he got to. the building where he took / . you? 4 As He. ‘went in the first ate to the tet off of Nichols 5 _a phone pumber and gave it to you? A Ves}. one be ana he told ‘ate go in ‘the Juild ng and don't look, ‘ ‘Ayiaide and dtove e me all to the building. Q Did he drive past your parked car? bee: Yes, they do. Then you say he wrote doen this name “Charles” and: around, is that right? A. He told me‘to get out of thie car and walk. into the building and not try to get his tag number. He said he had - borrowed the car anyway, it. wasn’t his: Q. Well, after. you got ‘out of the dar and ‘went into the building, did ¥ou ever look back? A . After I’got into the building, I looked | back. o* taper You-did? tw j ’ gr Yes.: re : phere sie Q Now,; you. got into the building and did you b shoal your supgrvisor-tinmediately 1 . . + 3. 1, oe: een 5 pei ‘A No,- bee ae | ‘the parking ‘otis really kind of. on the + éide of ‘the building. Directly past #, no; but past the park- “ ing- lot, yes. Hwhad to pass the same parking lot, a= - Q But he knew oxactly awhere to take you? = A Yes. Ears | we alk — Q And you say. it was during this time ‘that he took, your . keys from you? = a ‘A’ + He didn’t take. my keys, he asked me ore my car ke y = : ‘Q. And you gave them to him? G2. Ro ae Yes, T did. | ; = . Q: Where did you ‘get them from} ay oC & Qut of my purse. ld ee see -Q Then what did he tell you to tell your husband about the keys? - | ‘ ; A I told him my husband might come up is see if he could start the car during the day. He told me to tell him they were in my locker and I éouldn’t get them. Q = Do you have a locker at ‘work? Sie. A Yes, Ido. = : : o{>*s Q Doall ‘employ eés havé a locker at, work? ee see 6s 1 went straight to the supervisor's office, ae. YOu went straight to the supervisor's office. - And tix that person's name? : AU Mes. Fushee was the supery ixor r that day. 4) She is the first person you dalked to? 1m, Yo? :; . : = : () When vou went into her, what was it flint you uasked? ; Well, let me put it this way :, W hen you first went in to her, you asked. ter for annual lea. “ isn't that correct? XN No, I did not. aa . Q You didn’t ask her for annual leave? : >» A No. | Q Never did’you, ask her for leave? * a i /j° Na 2 . ‘. . () Voudid not?, ~ J re ° $5" A-Na 2" 9. % -@ You don't ever recall axkins heg for leave? ; : A Xo, | do not. 2 ; *’ i. () it | ix her first name? ete? . A I don't knew ber first nanny’. “eh 0.2 mu dowt know her first name! o>» A Xo. . e \ o” % No, bdon't. 8 Dow = she work in the day? .. . . A ldo not, know. 0 ¢ Would she normally work the same shift as you worked! a | ms A> Slie works day shift, yes. °° \ 4 THE COURT: 1 think you are getting \ very, very repeti- . as now with the witness. % R thine: byway of rebuttal, being. it out, but don’ L repeat — everything. yy MR.NUNZIO: Yes, Your Honor: BY MR. NUNZIO: () During the time just prior 40 fhe sexoal act, after eee -the defendant had parked the car in that area, were the windows up or down at that time, if you can recall? -, “A I think they were up. ‘ on REC ROSS- k XAMINATT ION BY MIR. LANNE: fee etn ¢ Q). Mrs. Mayes, you state din “résponse to Mr. Nunzio’s/ - dast question that you thought the _windows were. up just before the séxiial act. ‘ A. Yes. j ee ee pi sieeay ( We H, you know they were up, don’t you? e MR. NUNZIO: Objection, Your Honor.’ He is arguing 2 BY MR. IANNI: } ()° Yes or no? Ps °. fee MR. NUNZLO: Objection. 5 > THE COUR! I': Now, wait a minute, She said she thought they were up. ; : MR. [ANNI: That is correct. THE COURT: All right. Now, ask her if she -knows. . ~ whether or not they weré up, and let’s stop this argument. BY MR. IANNI: -() Do you know whathe r the Ly were up. or down? A’ No. - See (Q) Well, did he ever roll the m down! A~ Yea; ie MR. NUNZIO: Yes, Your Fonor. pe ee eee ; BY Mit. NUNZLO: é é , () Will voit tell us, Mrs. Mayes, why you made these statements to the defendant during the course of the sexual act, why you told him the polige we were outside and that cars were out there? : ‘ ~ ee Ae thought it would make him siop: ~ MR. NUNZIO: No further questions. : MR. LANNI: Your Honor, | didn't hear that answer. THE COURT: Just a moment: [ told-you we were stop- ping. the exéymination right theres I. am exercising the. re ourt’ s discretion, | : ‘ Read back the answer, for the Bene fit of counsel: And you are excused from the: stand, M rs. Mayes. .* (The last question was read by the reporte r. ) (The witness left the stand.) tthe THE COURT: We will take a ten- minute: recess, (Whe reupon at 11:20 amr:a recess was taken. )/ 4 (Whereupon at 11:40 a’m. the: following’ proceedings Were - had out of ise presence of the: jury. ), kage a ‘80 . , é . THE COURT: Ix there cry aeniaaee MK. NUNZIO: Yes, Your Honor, if we may, The Government proposes to proceed this way in view of the course of events, if Your Honor will allow it: Tlie police responded, took the interview, took the ee, took the complainant to the Sex Squad. There came atime that they all left. She was ide and then was called back at 3:00 o'clock beeause of a new chain - of events that had started... As the evidence will show, the dcfendant*came onto the grounds, ‘ ‘ My request of. the. Court is if I may just call the owit- wo DIRECT EXAMINATION BY MK. NUNZIO: ‘ Woull you state your. name and your oe upation, sir? A lam Sergeant Ryland G. Hail. | am a Sergeant dn the Seeurity Force af St. Klizabeths Hospital. Ce Q How long hiave you been on thé Security Force at oy St. Mlizabeths Hospital, sir A Sinee 1961, ad ~Q What were your duty jours, sir, if: you know, on January 22nd, Miz? A I was on the midnight shift, from 12:00 to 8:00 aun. Q This is 8:00 a.m. on'the 22nd of January 1967! : You, sir.’ : © | lam going to direct your attention, sir, to sometime At 74”) o'clock on the morning of January 22nd, 1967. Did anything unusual happen at that time that you can allt « MR. IANNI: Objection, Your Honor, I think that this witness should be able to justify as to time. s “- ~ e * . . ‘ er | pes A 9 : eee ' : THE COURT: Well, this is only a preliminary question to get it in its gs ae tae then go ahead with the direet quystions. a Mi. LANNE: The trouble ix, Your ee 1 Ahink the tin will become an important Tactor, Thi’ COU RT: AM right. _ Tle Just said sometime after 7A) o'elock. Ht ix so Vague that you don't have to worry abet it. ; ° . ME. NUNZIO> FT will rephrase: the question, Your chicdioe BY MERE NUNZIO: ~ te 2 “Q During the course of your shift of duty, sir, that i is from midnight to S200 oe dock on the 22nd of January, 11467, sou wereon duty that date; is that-correct? A Yes, sir. () Del anything .nusual happen during the course of your tour of duty that day, sir? A” Nex sirsitdid, | . () Approximately what time were you first apprised or aware of something that had happeried? ; A AtZ ‘ she) it. Mm. ° e llow did this information come to you, sir, of this unusual event? . Av 1 was patrolling in the hospital scout car and T re- ceived g radio eall from the officer at No. J Gate, Officer Rice, > ‘ ; () All right. Now, as a result of this ‘eall that you received, sir, where, if any place, did’you go? AL was instructed to go to the Geriatries Supervisor's ‘Ofice and see acting supervisor, Miss Klizabeth Fushee. () Did you in fact go to see the acting superyv ixor,' Miss Fushee! A Yes, | died, ‘ Y De you know ‘one Mrs. Luella Mayes! A Yes, QQ Was she an employee, sir, to your knowledge at the hospital at that time? A Yes, sir... Q On that occasion when you went to see Miss Fushee, _did you see Mrs. Mayes there at that time? * ° e ee . | 83 A Idid. | inser Lays Q Did you have a conversation with anyone there at that time, yes or no? A Yes, 1 did. Listen to this question carefully: With whom ae you have a cony ersation at that time?- : A Thada conversation with the acting supery isor, Miss Fushee and also the assistant director of nursing on duty, « Miss Sharon Olson. (2) Was Mrs. Mayes thére at that time? A Mrs. Mayes was ip the offiee at that dime. () Axa resilt of these conversations, — if anything, ae did you do? . “A Asa result of the scabenaibdls. I calied Metropolitan Police. (2 Did the police respond to your een, sir? A ¥ex, sir, they did. () Dick you know the police ofliewrs that did respond to your call? A Detective Cass ar 1 Detective Upright: MR. NUNZIO: No further questions of this witness. ° MR. IANNJ: No questions; Your-Honor. ° THE COURT: Is this witnéss subject to reeall? MK. NUNZIO: No, Your Honor, We would ask that he he xeused, THE COURD: Very well. Thank you, Sergeant Hall (The witness left the stand.) MR. NUNZIO: Call Detective Cass to the stand, please. Whereupon, MELVIN R. CASS, called ax a witness on behalf of the Government; having heen first duly sw orn, was examined and testified as follows: DIRECT EXAMINATION BY MR.-NUNZIO; () State your name-and your duty assignment, sir. oe a a . $4 A Detectivi ° Molvin R. Cass, assigned to: the Criminal Investigation Division at the 11th Preeinet. QQ IsSt. Klizabeths Hospital within that precinct, ‘sir? A Yes, sir. ‘ () low long have you been with the € riminal- Investi-’ _ Unit of that ?’recinet, sir? - Ax About four years. 0 Were you so assigned on January 22nd, ‘19672 A Yes, sir., () Were you working on ‘that date, sir? A Yes. () ‘What was your tour of duty on January 22nd, 19677. A + Krom 8:00 in the morning until 4:00 p.m. Q) Did you in faet go to work that day? A Yes, sir. ; ’ () During the course of your duty on the morning .of January 22nd, 1967, did you have occasion to go to St. - Klizabeths Hospital? ’ A . Yes, sir. - “ () Of your own initiative, sir, or for other reasons? A. For other-reasons. *() Had you-received a call? A Yes, sir. Q Asa result of this call, sir, dyer go to the hospital? A Yes, I did. () Whom, if anyone, did you see when you got to the hospital? ° A I seen a lady named Mrs. Mayes. () Whom, if anyone else, did you talk to, sir? A I seen Sergeant Hall of the Guard Force of the St. Elizabeths Hlospital. ° , (). Approximately what time was it, sir, that you talked to, Mrs. Mayes? — P A 800 a.m. ()° What time had you arrived at work: ‘then, sir, on the morning of January 22, 19677 A At 7:30. () Do you recall, sir, what time it-was when you re- - ceived the eall at the. precinct? se * : " 85 | A Just before 8 00. . () Whint was the subject matter of the run to the hos- pital, sir, as a result of the call? AT was called there to investigate an “alleged sexual assault on one of the persons who worked there. — () Now, after you had talked to Mrs. Mayes, sir, whom, if anyone else, did you talk to? x you know; if you don't ‘know, just tell us. A I don't know. ~ i () What, if anything, did you ae, sir, after you had talked to Mrs. Mayes? A After I tatked to Mrsz Mayes, I called Detective Perry of Hie Sex Squad and informed him of the report ‘that she gave me. | Q) Did they respond to your eall? A They asked me to bring her to the office of the Sex Squad, which 1 did. ~Q Ilow was she transported to the Sex. Squad, sir? A In our cruiser. : () When you arrived at the Sex Squad, sir, whom, if anyone, did you see with Mrs. Mayes? Let me rephrase . the question. . Did you take her to Deteetive Perry? A Yes, I did. ¢ . - . ; () Was Detective DeMilt there at the time? _ " A Yes, he. was. () Now, what if anything did you do, sir, after you had taken Mrs. Mayes to the Sex Squad? A After I had taken her there, we left and went back to. to the precinct and began to look for an automobile which she had given us a partial description of in the’area. () What kind of a description of an automobilé, sir, had she given to you? ; A. She had. given us a description of a white, small Ford. 7 MRK. NUNZIO: No further ‘questions of this witness ‘at this time, Your Honor, although the Government will have the witness subject to recall. THK COURT:.1s there any cross-examination? MR. [ANNI: No cross-examination, Your Honor. ete @ 86 aa THE COURT: You are subject to recall, Detective, sO stand by, would you. THE WITNESS: Yes, Your Honor. (The witness left the stand. ) : Whereupon, ROY ‘* PERRY, called as a witness on behalf of the Meccucmiek having beén first duly sworn, was examined and - - testifiod as follows! ‘ y DIR KC 4 KX AMIN ATION, BY. MK. NUNZIO: Would you state your. ‘name and your duty assign- | ment, sir? er, A | Deteetive Roy A. Perry, “ileal to the Sex Squad, 7 Metropolitan Police Department. ‘Q And how long have you been so assigned, sir? A Approyimately two years. ~Q What were the hours of your duty assignment on the 22nd of Janfiary, 19677 — ° A I was working day work, 8:00 to 4:00 p.m. ) is hat time had vou come,on duty that day, sir? A 7:30 in the morning. () Did vou have oceasion to talk to Detective Cass at No. 11 Preeinet that morning, sir? A Yesel did.’ Q To your know ledge, where was Deteetive Cass calling from, sir? A St. Elizabeths Hospital grounds. Q. Now, do you know one Luella K. Mayes? A Yes, sir. () Did you have occasion to see her off the 29nd of Jan- uary, 1967, sir? ° A Yes, sir. Q) Where did you see her and approximately what time did you see her? A I saw her.in the office of the Sex Squad at heat 9 :30 or 9:45 azn. ( Now, who was présent at the time that you saw Mrs. — Mayes, sir? - . A Detectite sag Detective Upright, atest DeMyt, dh : } ee 87 . and I believe I)etective Sergeant Plath of our office. _ Q Now, as a result of having seen Mrs. Mayes, what _& anything did you do? A We began an investigation on the report that Mrs. Mayes had made to. us and Detective Cass. .Q. With respect to this investigation, sir, where if any place did you go? - : A We, aftér interviewing her, went to the Scott Gias Station at Nic ‘hols and Lebaux in an: atte mpt to, interview a Jerry Aldrich. ? Q) Just answer yes or no: Did you see » Mr. Aldrich at this time? , +5 ee! A’. No, a . Q What, if anything else, did you do? A We. retraced the route to St. .Klizabeths Hospital grounds through which the defendant. was alleged to have ~ ‘taken the complainant: We cruised. the general vicinity for a short time in search of a white Ford Falcon which was ‘supposed to have been used, a Meee ~ 4) You say a white Ford Falgon, sit. How did’ you-come by the inforniation that it was‘a white Ford Faicon, sir? A Through the-complainant and her husband. () “Where, if any place, was the complainant taken, sir, on that morning in addition to the. St. Klizabeths grounds? A 4600 block of Wheeler: Road. I forget the éxact ad- dress. I have it in my records here. We notified the scout cars to be on the lookout for this particular type ear. The sgout car notified us they had a car. parked in the rear of the 4600 block of Wheeler, Road, and we re asa “d: with the complainant to view this car. () Was the complainant taken at any time, sir, to the hospital? ! A Yes, sir. ; Q Approximately what time was that, sir? Re ates A Bear with me just.a moment ( perusing notes). The patient arrived at the hospital at approximately: 11:30 in the morning. Q What, if anything, was taken from i complainant by’ the. police i in your presence, sir?” a SS A Nothing. i" ae 0 Wath. respect, to the clothing worn ly the complainant thiit morning, sir, what if anything was done with it, if know? key The complainant's clothing. was turned over to us To vour knowledge, sir, what “sau of if elothing were turned over te the police by this police officer? A ler, suit, blouse, panties, slip, girdle and cher bras. siere, | More ) Ky whom, if anyone, sir, were they saavked: these iftenis? | “4 OA Detective Sergeant DeMilt, | think, nar her prop- erty. ° Q) What, if nivthinn « was | dees with these itoines.of cloth: ing. sir, by the police departnient ? ~ ia Ne They were subsequently taken to the ELBA Labora- AGrVet . © as any Ae) i i sol “Q) Whoytook them to the F.B.L. ‘Laboratory ? ee “8 By tecand Sergeant: DeMilt. Q To your knowledge, after the sciueltnciek had hoon ON mined, where, if any place, was she taken ‘then, sir? A 1 think she was taken home after she was pn Q If vou know, sir, approximately what ‘time was it whe ‘nthe examination had been completed?’ AL don't Ritow. . MRONU NZWO: Your Honor, | have no further questions of the witness at this time? MR. TANNI: No questiops,. Your Honor. : MIR. NUNZIO: May he be subject to reeall, Your Honor? THE COURT: Yes, he will She wubject to reeall. Thank you, Detective. : (The witness left the sone. ) it” Whereupon, JOSEPH B. TILL, _ was called as a witness on behalf of the Goveritinent, having been first duly sworn, was examined and testified as follows: 89 DIRECT EXAMINATION BY MR. Wino te “. Q Would you state your name, sir, , and your occupation? - SOA “Joseph. 13. VL, pcre , Security Force, St. Kliza- beths Hospital: i () How long have you been on the. Se curity Foree at St. Mlizaheths Hospital, sir? hd ’ o. ae A have hee noon the Security Force approximately 12 you's. \ id : () What. were your working hours, sir, on January 22nd, 1967? A My tinir of duty was brisk i 00) a:m. until 4:00 p.m. Q During your tour of duty, sir, did anything unusual happen during the course of the day? - A Yes. | arrived to work early that morning: I arrived there around 7:35' and as. Fapproached No. 1 Gate, the ‘guard informed me. that Serge ‘ant Hall was on an investiga- tien at Ger iatrics. () Ail right. Now, you had conversations with ‘various people. As a result of these conversations that you had; sir, do you recall anything that happe ned on the afternoon of January 29nd, 19672 > : A On the afternoon at: 2:00 o'clock, I. receive id a phone . call from outside from De tee tive Ci ass)and he informed me | that— ic : x MR. IANNI: Objection, Your Honor. »; -THE COURT: Objection, sustained. BY MR. NUNZIO;. () Don’t tell us the conversation, sir. That is héarsay. As a result ‘of. this conversation with: Detective Cass, ‘what did you' do, sir? A. Well, we were doing our usual patrol of the aids and keeping a close check of. the area of the bichi ats i ; Service. Q During the tithe that you were patrolling the pata and keeping a close look on Geriatrics, what, if anything, unusual happened during the course of these travels, sir? A. Well, at 2:35, the guard ‘at No. 3 Gate called scout gt oe ng . . ~“ - BS * F a . , ALR VANNG Objection, Your Hhomor. 7 7 » rie MW LEROY | | CR see > ee 3 mA Don't fells the eouversation Thee Wits eanversation ane asa result ol Clie eomversa stony: whi atadid vou lo? F pie ae \ Asa sult ot the eanver: ation mivelyinge a enn, the as surreal svt thus sate observed theoear atten the mfornmation ies : had been uiide known fo hon freexs: Ga | “ALR PANNE) Objections Your Honor, Wh NUN Noo gd don't want cou te testily as is whit Vol at hassaw, + : Jor . PEE COURT: Dom't tells what) he. sand or sayy gust 8 tellus what vou ghd wee sabi ’ PU WEENTESSs Well, thatis when TP took overs after 5 Tset a report Crone tia, Pye: oe erat inaeard "ae \ . . V/ (): : si » * BY Mi NUN IO: io on eer ae: ea (You spt a report. Wiint diel you observe gan what did youieler? m ay Pagers as ‘ : . VO Miter Toyetia report, from him, loobserved al white Nov Maloon parked on the Germtrres parkine lot bh: A fit the deseription of acear that hfid been furnished to us, W Mi: > ae datmied | romt etd, iat . bd "2 Z be te Ee. dathaged. What? * Lo rent end, front fe ander mee the eral, sa ser : "GY When: vou first observed this cary sir, where wars it? Seere Volt was parked on the lie Vi tis staat lot near this = Ssergatries Binldpiy, 7 ; , ie Approvimately? What time was this, on t ’ A This was approximately — he tween Utoand 240 p.m. ) To your knowledge, was anyone in thatcear at that ( tine? Fee = . ae eo : . AU Sergeart Hotfman was with me and as we) appro: ached ~ rethere Was a man laying dewn inthe front seat. Ser- ; ; seant Hoffman stayed and ke pt the car under surveillance, S at wh hich t ime m ae 2k ys MR. TANNI: Objection. Ax he te 2) pe SR Ae: ie . Q He staved there? AY A ,That’s right: + ~ - : * “"« om ood. Peseorted him to the Gerinutries: parkint dot where OI () What did vou do?” : eer A DT went back to Nu. I (inte atid called No. 1 1’ Fevinet aS ‘ype reported the ime rent ti, thera, Chat the ear was on the rrounes That med Hie depe ription that Ninel heen Furnished to Ws : . : ° ee =o \ \W ian Peninpne vl Ie lined with the cnr unde. a ln “ vation: “9 ve ~ e A ‘Serjenat’ Hotfumn; Vaal 06, Hoffman. : () After sou tive placed, Une call, sa, What, A cary thi saags, died) yao a7 Ne TD went baek ranied ! tinyed Wit Ee swcihint Ho ffrnan. ungil Noo Doawarted at Noo} Gate until Detective Case arrived Cir wae parked. © re Did youre se yan Hoffinnin wt this time ae cect a A At this time, he was stilin the area of the ear. () Was this a oe Br, fhe ear Hint re arpreaunt: Hoffinan was inte, . eed es A. Ws ats. lite raja ney Motorpool eur thaf We EE, sir. Tt has. no tmiasus Woanarks.. 000 doh ee: a “BY MR. NUNZIO: ; 4 WY - Woud you state your name, sir, and your oceupation? A> Paul FE, Hoffman, Supery ixor, Guard,Foree, St. Eliza- ’ beths Hospital. s _Q How lope have you been a member of the Guard Force at St.-Blizabeths Hospital! . - A Approximately eight years. ioe Q Were = on dyty on January 22nd, 19677 -- . . se ®. * : ; . . , « ws A lwan. - / | ; What was your ie of duty on thatway, sir? A 1 waw on-duty from 8:00 to 4:00, sir, AP 1 want to direct your’ attention: to the afternoon * hours during your tour of duty, sir, Just answer the quex tions ax ay Bo art directed to yori. ° Dl you Jive ocension to talk to Lieutenant Hill? A bids yeu, sir, ‘Q. Ax 4 result of thefe conve preationn, sir, what if any. . thing did you dot = ‘ A Well, will you— “QQ Let nie rephrase the question: -° Wers you operating on foot, sir, or by cart. ns A Well, we wax assigned to the scout ear, , if, ‘ ; () ™ been abiel sou first sere" thin ear with re nport tov thet Littte ‘ . A Seotiewheres dround 240 approsinately 2 240 pom, Mi. NUENALO: No futther questions, Your Honor, of ‘Shin witness, ; * CROSS EXAMINATION BY MEL LANNE: . . Mr. Thetjunin, was there anybody else in or about the area where the car was! ; A Not‘at Uiat time: no, sir. Well. lid the ‘Tre come a tinnie that seniclindy was near- ins Wish ing a car? . be A- There was a car washer within,’ IT would say, about HH! feet of it. ' YW -And it is a fact, is ‘it not, Mr. Johnson. got out of that car dnd went over and talked to the car, washer! A Xo. W Yowdidn't see that? ; XN Nof Ll didn't see that. “Q) But, there was a car washer within 40 feet of his «ar, sight! y->_: ; =f 4 : Ht) A That's right. () Do you know whether Mr. Johnson talked to him even at of the window of tis cart : A tdon't now,’ sir, (> Vou dont know. Zoe, ies You said you are the supervisor of the see rarity guards there? ° e A That is right. - ° (2 Now, how is it that someone leaves St. Mlizabeths, the aren where this car was and where gtr Mayes worked on that day, and vo onto Nichols Avenue? P . A What was that, sir? , : e () How do they leave the grounds of St. Klizabeths and ro onto Nichols Avenue? A Well, they ¢: ay leave several, “different ways. "They can ve out No. 3 Gate or vo out No. 4 Gate. 6 ‘) A re either of Whe se - Hathes controlled hy trallic siynal deview! A No.4 Gate now ix controlled by a trafhe sifenal. () Back on January 22nd, 1967, were o ‘ther one of these coutrolled by any traflie sigenal devie? © A No. 4 Gate was. . “() Nod Gate Was. - ne . Now, ts there a security guard that stands near—or on Wiis particular day that stood near No. 4 Siate? A There is a security guard on duty at No. 4 Gate, () As ft reeall correct me if 1 am wrong from the groumls of St. Mlizabeths, to vet to Nichols Avenue at No. 4 Gate, you have to vo up a grade; is that not correct? A That is at No. 3 Gate. ° o () That is at No. 3 Gate. ay a : A Right.” Did that _ which contvolled the traffic there work atcall times! A The No. 3 Gate. - * - THK COURT: Excuse mt. Before you answer, Officer. Would you come to the Bench, ge mitle TED. (AT THK, BENCIL:) THK COURT: You are comple ‘aly on new y matertal. “Are vou making him your witness? Thin han nothing, to do with ony Chiang: Re Voraonayelit ont on direct. examination, MI LANNE, T pranares tothe erecdsbality of the complarneny: Wit mene, ; * Rane . - ie Cor li T Phat oc stretching the point. Vou are try sige fer ccevnnenfern oa beam het story. Tt in geome to her ed tality, mort bw, | , . ME PANN: It goes to thee wreddibility of the Govern ‘nent ’s ernse, THe ¢ ‘CURT. On the basin of this, vou are mak ing hon. your witness, Mi TANNI: Can we take hit now, Your Honor? | e THE COURT. TL don't care, ATL TD nan sayonge on you /* are making hom vont watmesss, : ME TANNED: AT right’ Voour Tomer, GN OPEN COURT.) ° BY MEO LANNE: On IFanary the tend, 1967, did ‘the ‘trate saprol cle vice work at all tunes? A At which sate, No. @Gatef © 0 * J : ) No. 4 Gate 2 “A DL sness ft dud We never received any word other Wise eh at ) Now, would vou alge tell us what were the duties . of the suard that was on duts f ° “NX Well. the man on duty ‘at the gate, he has to observe ~ trate goime in and out of the gate to assist the publie and to hiaintain security at St, Mlizabeths Hevsprital. Q Did he have anything particular to do when he saw somebody approaching the, gate from inside to leave? — A Yes. He is to consult the person to see if they are 4 patientor visitor, or otherwise, é MK 1 ANNI: Lhave nothing further’ef the witness. Your loner. -REDIRECT EX AMINATION BY MR. NUNZIoO: Y To your knowledge. sir. who was on duty at Gate Not 4 on the 22nd of January, 1967, on that tour of duty? - ¢ "* No. 4 Unte, | bon 't know, sar, () Now, with respect to the traflie saprnad lo ated right wt that poate, hr, seccnninge oh SUE Site the: Lraftie vayrnad | wins yereen, sar, mt rk pronetble for n ene to drive’ off the rounds amd keep yom: ctrauht ahead without etopprng heenuse of that vayrmalt A 1A te prongabiles yee car, 4 Inoother words, there i ne tell pate there? A There arene toll gates there or r any thiby, anybody ean ron on nied out , Tn other words,- vehie Jone ean drive straleht out? ° A They ean drive ul rsageh out without beng quer fromed, yor 5 4 ve » Chin person drive stragct ot without being stopped by She pruned? : A That's right. on » ME. NUNZIO: No further questions, se, 2. — RECROSS EXAMINATION en BY MI. PANNE: ra ‘ On January nd, did’ this pate have one of those devices that you see se many places where the bight re mains one color on Nichols Avenue all the tine dntil come lowly proes over something on the perpeodieular etreet that changes Ht? A Ut does have a trenadle affair. * QQ Tt has a treadle? 5 ; A Yes. () Now, if one car came up and went across that treadle affair, would lie have to stop? “ A Well, “it all depinds onthe control, When the ear hits the treadle, it’s time to change the light on the left. Q ‘And when the car hits t hy treadle, the light on Nietols Avenue would change from Breen to. caution and then to. red, is that right? . ee A That is right. Me () Ilow far was that treadle. from where- the person would turn onto Nichols Avenue? — A Twenty or thirty feet. MR. IANNI: Nothing further of the witne “$s, Your Hesoy. REDIRECT ENAMINATION BY MR. NU NZIO: AY Tow fir is the light from the treadie, sir? to SILY iwe nty to thirty feet from the street? y A That ts right. What do you mean, the () How far is the treadle that would set off the traflie lige clit ‘and change it? A. Well, it's about twenty ‘or thirty feet.’ () From where Tam to where you are, sir? ~N Right. | ; . QA vehicle traveling ‘through there and hitting the treddles standing out on Nichols lvenue, would the light he green, sirl-_ ‘4 | A Ut could he. It ‘all de ‘pends on fhe timing. ")) Ifa person hi: ul know lodge of the treadle, sir, would tht person that had struck the treadle know that by the tre he got te the street, the light would be green? A 1 couldn't SaV, sir. P Q) Doesn't the treadle always oper rate the light on. Nichols Avenue! * A. NO, Sif 3 it’s alset an hand butten on the pest. QO deNcept’ for stepping on oy treadle, would the light remiain red for anyone leaving S . Klizabettis rounds? A No. it’s a time deviee and if will change Without - amy bods : Q Inother words, it has an automatic device that doesn't have to be set off by the treadle, isn’t that right? ° \ - That is right. Mit. NUNZEO: No further questions, Your Honor. PHE COURT? Thank, you, sir. You may step down. (The witness left the stand.). Sey ee THE COURT: We-will recess at this time intil 1:45. Ladies and gentlemen of the jury, don't talk about the © case and don’t let anyone talk to you about it. ry (Whereupon, at 12:25 p.m., the trial in the above-entitled matter was recessed until 1:45 p.m., the same day.) 3. ft _ AFTERNOON SESSION z me | ig ‘ «1:50 P.M. MR. NUNZIOS 4 fleod atinmnoon; Your Honor. THE COURT: Good afternoon. ~MR. NUNZIO: Leecall Doctor Chin to the stand, please. Whereupon, a ae DR. WILLIAM CHIEN, was called as a witness on behalf of the Government, having heen first duly. sworn, was examined’ cind testified as-fol- Tows : ; ¢ DIRECT EXAMINATION BY MR.NUNZIO: ane , QQ If vou will, sir, state your full name and your oceu pation. : A My name is*William Chin. 1 prese ntly aun a wedi reside mt at D.C. General Wéspital. Q) How long have you been a medical resident at DC, General Hospital, sir? | ~ A Might montis, MIRE PANNE: Your Honor, 1° will stipulate fo Doctor Chin's qualifications as an expert, THECOU RY: Very well, _ fos MR.NUNZIO: Thank you. ts ear ee oy BY MRONUNZIO: “ . } Q) Dr. Chin, | want to direct your attention to the 22nd of January, 1967, sir. Did you have occasion to examine one Luclla Essie Mayes on that date, sir? A Yes, I did. () Approximately what time. was it, sir, that you ex- amined her? : . Rh; “Approximately 11:00 o'clock. Foe ' () With respect to this examination, sir, did you have oceasion to take any smears at that time? A. Yes» At that time, | .performed a urethral and ceryi- ‘al synear. 7 Q What, if anything, aid you do with the smears that were taken, sir? ne | se . Ys ae of " . ao Ps . 10 AL OAG thos fimeathe simenrs were tnken Ivy the murie snd transferred to the patholorydepartivent, Q) ‘The smears were mite by vou, is that correct? \ That is cortget, 7 : () Approsimate ly what time was, sar, when Vou con dieted this examination? , VO Approstunately 1 LW o'clock, sar, | se () ‘At oo Welock! y -% A Yes | ME NUNZTO: No further aquestions of the Doelor,: Your J Moner : ; : lay IANNI The A ‘ourt's indulgency just on tioment, ple fine 4 ; (Shert Tae eon in proceeding +) ; ¢ - MROOLA NNI: Isat prerssss thle fog us to esense the: Doetor at this time and ask bined remam until the nest witness fest flese. b beheve the ‘rest witness is alse on medion! witness. And if would want to enll him; muy be Your Honor would allow me to call bin after the nest witness his ee: PHE COURT: Very well You are excused, Doctor, but don’t ‘leave. the courthouse ° nntilthe next witness testifies. MK. XU Né AO: Doctor Pe Try, 1 ease, Where upon, . DR. SOPITA PE URRY, Wals r all ed as a witness on be half of theatiovermment, wate been first dub SWOTT, Wits eximined. and testified Te teller i DIRE et InN AMIN ATION BY MRONUNZIO- ° Q -Would you state your name and Your oce upation, Z ns sim? A> My ‘ik is Sophie Perry. Lama phy sician. and Tam acting director of the laboratory at D.C. General Hospital Q/ Is that in the pathology na a taancae of D.C. General Hos fal? ‘ MR. TANNI: T will stipulate, Your Honor, her qualifica tif ns a8. an CEPErs- 101 THE COURT: Uiilens you wish ito expand on, the tn: we. 7", Will consider leer [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40385001_1484%3A1. Public record. Not legal advice.