Appendix — Alexander v. Louisiana

Supreme Court brief1972

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Srene Court of the Meited Ptates

.. » OCTOBER TERM, 1970”

an No. 5: 5944 |

i . si ' : gee ag tae 7

_.—-- Stare or. DOumsIANA, eS :

x s

es on wilt? OF CERTIORARI 70 THE SUPREME COURT

4 | OF LOUISIANA

‘ é ne ae : 2

: va Sa ac a NDEX- ee

| Relevant Docket Entries ___ : eke 1

Members of Grand Jury - 8.

Minutes of Grand Jury 4

Indictment ____ ..

Motion to Quik. Indictment ; 6

‘Exhibits Introduced at Hearing « on Motion to Quash In- | é

__—_—— dictment a eating 1:

‘Card for Juror (State's Exhibit A) — At ae

_ Jury Questionnaire : m oa

” Voter Registration Application — fas aoa

‘Vertificate of Cort Clerk

_. Second Certificate of Court Clerk oo ee

List of Jury Venire PEA a CR MOOSE TSN

_Order:on Defendants’ Bill of Exception No. 10 __-_ 26

fii eee —

Wis eee Indictment

7 Order Denying Motion t to Quash Indictment

Transcript of Testimony at Hearing on Motion to ae

Defendants’ Witnesses: -

Eraste R. Landry—"

Direct

Oliver J. LeBlanc—-

4 JEraste R. Landry—

_.Direct recalled

Oliver J. LeBlanc—

direct (recalied)

___ Agnes Felix—

nes ~ BRE

ieee Cross:

Redirect *

sreslimialet, of ‘Testimony, Trial < on 1 Merits .

‘of Confession

et Hearing Outside Presence of J ury on Admissibility

“Petal Before Jury _

Eee cee = as Bee - "_ ‘Pestimony

SPs State’s Witnesses: ~~

3% &) \

eer

‘Sidney Joseph Broussard, Jr.— |

- 108

a8 i neat 8. 8 8 :

S28 $888

- Defendant’s Witness: pe

Claude Alexander—~ r oe

Direct s oat

en aa “Court's ee on: Admissibility . | =

| Defgndant’s Witness: <n

‘ te A Claude iene

, .° + Cross.

_ "Direc

‘State's Rebuttal Witnesses: SS Gh GRAZ" dy

‘Shirley Picard— : ;

; Sidney Joseph Broussard, Jr— ; ty

e Direct : ry r} . . . . :

. Anthony Navarre— oe

Opinion of Supreme Court of Louisiana, McCaleb, J. ___

Order of Supreme Court of Louisiana Denying hikentiog,

. May 4, 1970 -

* Order of the Supreme Court of the United States, dated

, March 1, 1971, granting the motion for leave to proceed

a in forma pauperis and granting the petition for a writ

of certiorari , : :

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CHRONOLOGICAL INDEX OF. ALL DOCKET. ENTRIES: ”

|, SEPT. 15

OCT. 13

45TH JUDICIAL DISTRICT COURT |

CRIMINAL DOCKET NUMBER 31132 © -

|STaTE oF LOUISIANA

; oe

Indictment Returned by Grand Jury

Application to Admission to Bail: and/or Pre. Sy i!

liminary © Hearing Filed on a ee # >>

‘Request for Bills of t Particulars (Glande ‘Alex-

ander)

" Motion to Quash Indictment (Claude iitmande) .

‘Answers to Applications for Bill of Particulars..

Motion for Sevrance fled gm behalf of Lee Perry

Application for Bill of Particulars (Lee Perry ?

Pratt) .

Motion to Quash Indigtment (Lee Hives Pratt).

Exhibits Introduced on eae to Quash .

. Motion to File sees tlie se

2 ;

1969. |

‘FEB. .6 Bill of Exception No. 4, 5, 6, 7, ‘8 ond 9 (Gana

| ; : Alexander)

3 6 Bill of Exception No. 10 (Claude Seen) \ :

6 Bill of Exception No. 1 (Lee. Perry Pratt)" ys

6 Bill of Exception No. 2 (Lee Perry Pratty

- 10 Bills pe Exception 1-2-3 ( Claude Alexander)

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'- List OF MEMBERS OF GRAND JURY

| GRAND JURY»

Upon instruction’ from the Court, the Sheriff here

_’ called’ the names of the twenty -(20) citizens. selected by

‘the Jury Commission of the Parish of Lafayette, Jand- "

summoned by the Sheriff to serve as Grand Jurors, if

drawn as such, for the September, 1967 Criminal Term

of the Fifteenth Judicial District Court of Louisiana, in °.

_ and for the Parish of Lafayette, Louisiana, to-wit:

1. Nolan Joseph Winters - 2. Felix Henry Foreman, Jr. -

8. A. J. Szabo - - 4. John Raywood LeBlanc

5. Tom Brook Metcalfe .. 6. Paul Douglas Perkins |.

‘7. Bobby Joseph Richard _ 8. James Francis Lavergne

_ . 9. Freddie Lantier - _. 10. Harry Elton Delahoussaye

'*- 11. Adam William Duhon. = 12. Floyd Meaux:

18. Robert Arthur Anderson 14. Warren Trahan.

. 15. Walter Frank Comeaux 16. Arthur James Maloney, Sr.

17. Glenn E.. F. Oser ~~~ 18. Ewell James Sonnier =~

19, Charles Carol Comeaux AS 20. Ellzey J. Terro

All answered to their names except:

1. Nolan Joseph Winters © Excused by: the Court:

2. Tom Brook Metcalfe — Excused by the Court

8. Harry. Elton Delahoussaye _ Excused by the Court r

Whereupon, the remaining prospective Jurors were

| then sworn on their Voir Dire and theri examined by the

Court on their qualifications to serve, as Grand Jurors,

if drawn. ,The Court found these remaining prospective

_ . Jurors qualified. :

The. Court appointed FLOYD MEAUX as Foreman of

the:Grand Jury. --

_ Complying with instructions from the Court, the Dep-. -

_ uty Clerk. of Court produced the: Jury Box, properly

‘ locked,.sealed and endorsed, which said endorsement was

‘read aloud by the Deputy-Clerk of Court, which endorse-

ment was signed by the members of the Jury Commis-

sion of the Parish of Lafayette. Further, following in-

opened the. box and removed the envelope therefrom, con-

_ taining the 20 cards having the names and addresses

‘and- wards of the twenty prospective Jurors. | The in-.

scription on the envelope was read aloud also.“The Court _

instructed the Deputy Clerk. of Court to open the en-

velope and. place the’ cards. contained therein in another

- + box, said box was handed to the Sheriff, who then shook .

‘. the box vigorously and drew therefrom 12 cards with |

thé-names of 12 separate prospective J urors, those drawn

. Were as follows: [ ih - 3

structions from the Court, the Deputy Cletk of Court _

1. Felix Henry Foreman, Jr. *2. A.J. Szabo

8. Paul Douglas Perkins ~~ 4. Bobby Joseph Richard —

5. James Francis. Lavérgne 6. Freddie Lantier

» % Adam William Duhon 8. John Raywood LeBlanc

~ 9. Floyd Meaux- 10. Robért Arthur Anderson . _

11. Warren Trahan | 12. Walter Frank Comeaux —

_ - MINUTES OF GRAND JURY |

__THE TRUE BILLS RETURNED BY THE GRAND

JURY WERE AS FOLLOWS: |

“31133 CLAUDE ALEXANDER & LEE PERRY PRATT _

| AGGRAVATED RAPE” |

* *- e #- . |

_ Whereupon, Court then adjourned until the 18th In-

stant... oe . at

StaTE oF LOUISIANA, fs SD

_ INDICTMENT—Filed Sept. 15, 1967

PARH OF LAFAYETTE -

IN THE NAME AND BY THE AUTHORITY OF THE

STATE OF LOUISIANA: .— >»

ee so

Thé~ Gr

empaneled, sworn and charged to enquire within and for

the Parish of Lafayette, State aforesaid, upon their oath

do present THAT Claude Alexander and Lee Perry Pratt

gt the Parish of Lafayette, on or about the 4th day. of

September, in the year of our Lord, One. Thousand nine

_hundred and sixty-seven (1967) within the Fifteenth

(15th) Judicial District of Louisiana, committed aggra-

vated rape upon Linda Louise Dossey contrary to the ~

form of the Statute of the State of Louisiana, in such ©

<>, Cases made and provided and against the peace and

dignity of the. same.

. Js/ Bertrand LeBlane

7 District. Attorney,

“=| of Louisiana -

“_

nd Jurors of the State of Louisiana, duly —

oFifteenth Judicial District a

yah

* (1)

(2)

(3)

(4)

Morton TO QuasH INDICTMENT—Filed Nov: 8, 1967

FILED ON BEHALF OF (CLAUDE ALEXANDER

NOW INTO THIS HONORABLE COURT comes

Claude Alexander. through his undersigned Counsel, who,

o ‘ haying heard the: indictment read and protesting that he

‘is not guilty of the offense set out therein, moves:to quash

the said indictment, and each count: thereof for me fol- .

lowing reasons to-wit:

That citizens who are e females were . systematically .

excluded from the Grand Jury list and’ venire and

from the Grand Jury:as empaneled. |

That citizens of the Negro race were included in

the Grand Jury lst, and.Grand Jury venire, in

‘such small numbers as to constitute only a token,

having no relationship to the number of citizens _

of the Negro race as compared. to the number of

citizens of the Caucasian race in the general. popu-

lation in the Parish of Lafayette and in the Fif-.

teenth Judicial District of the: State of Louisiana.

That the indictment found by the°Grand Jury is

defective for failing to inform the accused, Claude

Alexander, of the facts and circumstances neces-_ -

cath to constitute the alleged crime of. aggravated a

That the indictment against Claude Alexander ‘is

invalid and ‘illegal and should’ be quashed because

said indictment was returned by a Grand Jury

empaneled from a Grand Jury venire made up

‘contrary . to the: provisions. of Amendment V.,

Amendment VI., Amendment XIV. and Amend-

~" ment XV., of the Constitution of the United States

of America. :

7 WHEREFORE the said Claude Alexander prays that

his motion to quash be maintained and that the said in-

dictment as to him, and as far as he is concerned, be de-

lared _— null and void, and that he be discharged

- tharetdin and for all general and euitable relief and all

‘Necessary: orders i in the premises, etc. -

Latayette, Louisiana this. 8th day of November, 1967. » £ |

PICCIONE, PICCIONE & Woormn -

P. 0. Box 3029, — La.

By: Js/ Joseph J. Piccione

. Attorneys for Claude dca |

grave EXHIBIT: J URY CaRD

[Filed 1-10-67, /s/ J oyce Kebodeax, Dy. Ok of Crt:]

ee Name "Lyons, PercyM. 1 Race -W.———

pes _—‘Address—221-W. Beverly Dr, 7 "

? . Lafayette, La. | ) e 4

. 284-5411 284-1495

. Birth _ 4-24-1918 | Marital Status

Occepation ‘Geologist | a os |

Registration: Lafayette Ward 3 : Pet. 5

_ Will Claim Exemption ‘Yes No 3

GV 3-2-67 ; a

#87857 eae. 2 Oe | : ;

DRAWN FOR PETITE JURY SERVICE ON 4-11-67 °

Case settled, did not serve -

"State Exhibit “B”

3 . STATE ‘EXHIBIT 7

[Filed 11- 10-67, /8/ Joyce Kebodeax, Dy. Clk. of Crt.)

€D Questionnaire No.

- QUESTIONNAIRE ON J URY QUALIFICATIONS

Please fill’ out this. questionnaire and return ‘in the

. 7 enclosed - compe and addressed oo

Clerk of Court and... ite ‘ = a .

Ex-officio member of J asi fe Commission

Court House + os yr

> Lafayette, Louisiana

4. Print name in full BE Sin pee PA

First Middle /Last

Street or: - Rural Route

2 Residence address |

Louisiana.

'- City or town 5

2 os Occupation

- 4. ” Residence telephone ie eeacs Business telephone pete

5. Business address : |

6. Place of birth — : 7

7. Date of birth (month) —___ (aes iad (year) neem

8. Race 3 Sex _.

9. How long have you eaie in: Louisiana?

How long have you resided in Lafayette Parish? . a

10. © Are you a registered voter ae

Parish Lafayette Ward __>—_- Precinct

ne Are you sile to send and waitethe Tagish lan

_ Guage?

42. State highest grade completed in school (or extent

, of education)

18. Are ‘you under interdiction, that is to say been .de-

clared by a court to be mentally: incompetent? SPS OEE

7 14. Have you ‘even been convicted or pleaded guilty to

: any ¢riminal :offense? __——

If 80, ee en Opt sae

eer’ Do you Gin of any legal reason why a would |

_. . be exempted from ‘jury duty? ,

3 If exempt, would you waive such exemption? ©

16. Do you have any physical impairment such a sight,

| hearing, etc., which would ; interfere with your serv-.

ing asa juror? Tf 80, describe fully .

> 17, What season of the year would be most ‘convenient

le you to serve if chosen? |

18.. Have you ofer served 0 on a wide ee SO, in

what court? es

When

. 7 7 - ‘ & :

/ Signature in full

— —- a 4 _- ;

Date . a ° i 2, , J ;

FILL Out "THs QUESTIONNAIRE AND RETURN 45

Jory ‘COMMISSION: IMMEDIATELY fs

. ~ . . . : Pa

JURY COMMISSIONERS FOR THE ©

_ PARISH OF LAFAYETTE

FIFTEENTH JUDICIAL DISTRICT

STATE OR LOUISIANA oe

GREETINGS:

YOU ARE HEREBY REQUESTED to fill in the in-

formation requested on the reverse side hereof and mail |

same to Oliver J. LeBlanc, Clerk of Court and -ex-officio

member of the Jury commission, Court House, Lafayette,

_ Louisiana, without. delay.

ALL QUESTIONS MUST BE ANSWERED °

“This notice is to be returned immediately oo =

By: authority of the a

"y “Jury Commisgioners

/3s/- Oliver J. LeBlane

a te, OLIVER J. LEBLANC -

‘Clerk of. Court and Ex-officio

member of the J ury

- Commissioner ys

tre INFORMATION MUST BE FURNISHED AND

- WILL BE KEPT CONFIDENTTAL

See reverse side

YOUR NAME IS UNDER CONSIDERATION

- FOR FUTURE JURY SERVICE ~—

CRS

STATE Exuisrr: VOTER REGISTRATION -

; _ Pratt Exhibit D

[Filed 11- 10-67, /3/ Joyce Kebodeax; Dy. Clk. of Crt.]

“Cable Beal] | =)

: , Date a

| Ward No.

. Prect. No.

APPLICATION FOR REGISTRATION o

OFFICE OF REGISTRAR OF VOTERS" |

PARISH ¢ OF LAFAYETTE, _

STATE OF LOUISIANA 7

" (Residenice Address)

. Iam a citizen of the United States and: of ‘the State of —

~ Louisiana and have not been disfranchised by any provi- oy

_ sions of ‘the constitution of this State. =. ad

My: name is __ . a a ee

. (Mr Mre Miss) (First) (Middle Name or Initial): (Last)

- I live at a ans we

(House No.) (Apt. No.) _ (Street) (City or Town)

My sex is (circle one) Male. Female

Have you been a resident. of this state for more than

one year, of this parish for over six months, and lived

_.at your present.address for more than three months, im-

- médiately preceding this date. (Check =») YesO NoO

nee place of my birth is

( City or en

a Stats < pm ‘Country) ° ; (Parish or - County or Province)

I am ‘ever 21 years of age and the date of my birth is_

. : ‘I was last eta

\ (Month) (Day) . (Year) .

as a voter in = ‘blank if none) - g

é (Rafish = Gea

~ (State) x

| I hereby declare my party ‘affiliation to ‘be (circle .one) .

-". Democrat, - Republican - States Rights - None - Other.‘

. (Indicate your ‘answers to the following ‘questions ‘in

. the spaces provided. All questions must be answered).’ ° .

‘ , i ag oe . wh... ng .

Have you ‘been convicted of a felony without receiving |."

a full pardon and restoration. of franchise? YesX]) NoO] :

Have you been convicted of 2 or more misdemeanors. *

_ and sentenced. to a term df ninety (90) days or more in

jail for each -such ‘conviction, other than traffic and/or “-

_-o° game law violations,” within five years before the date ~

-- of making this application for registration as ah elector?

| Ng Pelt. ee | ames

: fia 3 ,

Have you been convicted of any misdemeanor and sen-

tenced-to a term of six (6) months. or more in jail, other

- than ‘traffic and/or.game law violations, within one year

‘before the date of making this gpplication for registra- .

tion as an elector? YesO) N Rie ee eee?

| * Have you. lived with another in “common. law” mar-

riage within five years before the date of making this

__. application ‘for registration as an elector? Yes) NoL ~

Have you given birth to an illegitimate child within ~

five years before the date of making this application for

registration. as an elector?. (The provisions hereof shall .

° not apply to the birth of ‘any illegitimate child conceived

as a consequence of, rape or forced carnal : knowledge. )

. YesO No) bee De Chae eA ee ee

_--» ‘Have you acknowledged yourself to be the father of-.an..

illegitimate child within five years. before the date of .

_, Making this application ‘for -registraton as an elector?

~~ Yes NoO te rae ee -

- .

_ TURN, CARD OVER. 4

o ay

eS)

_* ° Under ‘Louisiana Revised” Statutes ‘Viste sd aie: ey

. shall register falsely or illegally as a voter, or make a wm, 8

/false statement in an affidavit or other document that he = | -

__ presents for the | purpose of procuring himself to be regis- ;

ot er tered or to be retained as a registrant. No person shall, =

a3 knowingly present, for any purpose within the purview |}...

__-of this Chapter, an affidavit or other document . contain-

) ing . a false. statement.

. Whoever violates this Section ‘shall be fined ‘not. lens

7: (3 than five hungred nor more than. one thousand dollars, op

, or imprisoned for not less than six months nor more than | /

. | one year, or. both.’ The penalties shall be doubled for the /

‘second or any succeeding offense of the same character. )

‘I pt réad the statements above. YesX] Not] ° ¢

pS - plicant shall demonstrate: his ability to read and.

oes rom dictation by the ‘Régistrar of. Voters from the .

= Peseutte to .the Constitution of the — tes ‘of —

America.” __... bs a

PREAMBLE

We, "the people of the United States, in tie to ton es

_ @ more perfect, union, establish justice, insure domestic -‘ ;

tranquility, provide for the common defense, ‘promote the “+.

' general. welfare; and secure the. blessings of ‘liberty. to -

' ourselves and our posterity, do ordain and éstablish this. .

Constitution for the United States of America. (Article' . °

| Vai; 1 te) (7) La, onstitution) : PR ek

A pg Rag 8 ie Question Form Selected. ‘(circle one)

12 3,4 5 ae 4 s 9 10

a °

* CITIZENSHIP TEST FOR REGISTRATION ee aaa a

te Ci le letter indicating yoir answert, to the six bad wiabarel, saat

.~ quegtions you have chosen.. ta

a 2

a oe eS 8 —4 bie. bia S

2—a b c- eas be: , "6'' b-e

* Sworn to and subscribed

before me this ——-_—

I do solemnly swear that I

-will faithfully and fully abide

- «day of , 196. by the laws of this State and

: eee that I am well disposed to the

(Deputy) Registrar good order and happiness’ -

: Poet _ .* thereof. | oe

a -— ---

| — | . Applicant’s Signature ~

The Following Information About The Applicant

, ~ To Be Completed By The Registrar:

My race is

My mother’s maiden name is

My occupation is +

.The color of my eyes is _. 1 a

My employer is

| Change of address: :

-. Date —____—_ Address

F Wa. _ Pet. s.°

Date - - _. Address

~ Wa. _. Pet. —

Date ___. Address .

Wd. Pet.

- Change ‘of name:

. Date _.

__ I am now Mr.-Mrs.-Miss |

&» _ (Upon Request, the Registrar Shall Furnish Each -

Applicant a Copy of. His Application Form) —

sc te el

PARISH OF LAFAYETTE ©

- STATE Exar": CLERK’S ¢

Svan OF LOUISIANA .

‘This is to certify that on the card index of 7, 874, a.

total of 1,015 negroes are included, and ‘also 189. is with

NO race, and it is. from this ‘file that all General Ventre

are supplemented.

* THUS DONE AND SIGNED this 14th day of Novem-

ber, 1967.

ry, Oliver J. LeBlane -

OLIVER J. LEBLANC

; Clerk of Court

Se § _ 2 “ ; .

STATE EXHIBIT: CLERK’S CERTIFICATE

STATE OF LOUISIANA. |

PARISH OF LAFAYETTE ~

. THIS.IS TO CERTIFY that the attached list is a true

and correct copy of the names used on the General Venire.

on July. 25, 1967 for the purpose.of drawing 20 names

as proposed members of: the Grand Jury to be in‘ attend-

ance. on September: 11,- 1967; also, for the purpose of ©

drawing 30 names for Petit. J ury service on. November |

- 6, 1967; and, also for drawing 30 names for Petit Jury |

to be in attendance on November 27, 1967; also for the -

drawing of .30 names to serve as Petit Jurors on Decem-

ber 18, 1967; also, 30 names for Petit Jury service on

January. 15, 1968: also, 30 names for Petit pevess service

for February 19, ‘1968. .

From these 400 names, 25 negroes were placed in the

‘box and 4 cards drawn show no race.

_ THUS DONE AND SIGNED this 14th day of Nera

ber, 1967 at panera, Parish, Lafayette, Louisiana. ..

/s/ Oliver hh LeBlanc “

OLIVER J. LEBLANC —_s:

Clerk of Court = =

/ «

ernnre nent.

. 21.

TAHT TATE

STATE EXHIBIT:

NAME

Neil Pierre Reaux, Jr.

Sidney Bernard Flynn.

Thomas Lee Meaux -

Warren James Stutes

Marvin Lesley Reinold.

List’ OF JURY VENTRE

WARD PREC.

8 .

‘Gene T. Faulk

Clement Gautreaux, Jr. 7

David Guidry, Sr. - , 3!

' 5

Farrell Morgan

Benny Jules Andrus: ee (\y

Lee Roy Dugag

Carrol Paul. Trahan

Joseph Howard Langlinais

Arthur James Maloney, Sr: |

Walter Frank Comeaux .

Wilven John Duhon

Ralph Donald Dozier

. Nerry Antoine Trahan

.- Emanuel Paul Bercegeay

Irving Jules Guidry

James Edward Greve, Sr. 1

Phillip Joseph Barr ~ Oe,

Paul Douglas Perkins

Alvin Edgar Hebert

Freddie: J. Mouton, Jr.

. Charles Richard Fernandeg, Jr.

Ernest Ignatiaus Fuselier —

Joseph. Glifton Carmouche.

Glenn Henry Briley | : 10

Clarence Bourque .

Francis eager ly ho,

Ariel LeBlanc, Jr. 0 >.

Luke Mitchelle Guilbeaux’

Charles Firmin Levert, Jr.

Edmond ‘Lloyd Guillot

Wilmer’ Hanes 3

7 3.

Antoine- Eugene Bergeaux 6.

, 8

a" .

—

Pane eM Mah Seid deme ails

NAME

. Hilbert P. Potier

. Herman John Broussard -

rald Bernard Landry

; Vhlrie Domingue, Jr.

. Thomas Shafter Derveloy

. Elvin Jay Guidry , -

. Norman Joseph Yentzen, Jr.

. ‘Charles Richard Lynch .

. Jack Grant West,

. J. Archie Simon *-

.. Blaise Arelie Armentor-

Robert Pierre Boudreaux

. Autrey J. Baudoin

.| Maurice James Touchet

' George White

. Pierre V. Landry, Jr.

: Charles iran Landry

. Jerald Max Bearden

. Ray Allen Guidry

.. Maxim Paul Soulier-

. ‘Charles Carol Comeaux _

. Bernice Jean Constantin

. ‘Herman Dalton ‘Richard .

. Howard Joseph .Champagne

. Carey Allison Williams

. Gerald G. Fremin © ~

. ‘Reese Edgar Carter.

. Louis Nolan Menard

. 'Howard Dean Orauey

. Allen Hebert. -

. Stanley Joseph Broussard

. ‘James Francis Lavergne

. Walter Weber

. Lee Bruce McGee

. Robtrt Thibodeaux

. ‘Earl Joseph -_Boudreaux

. John Paul Gonzales

. ‘Lee Roy Dugas

. ‘Nathan Ancelet -

Emery John Gallet

Eugene Edward Lavergne

. ‘Oston Kossuth Simon

. "Floyd Menard

. ‘Saul Perrodin -

. "Malcolm JosephBell .

. ‘Francis Alleman —

John Flavius Wilkinson

Joseph C. Chargois

AT St 92 00 0 CO OOO tt

MAyQVHWWOS

bo 69 = ON 09 op”

. F — .

9 9 OH 9 S OH C9 9

fnenenntinttttt ~

White

edhe

es Pi

NAME os -.. WARD PREC. RACE

94, Frank Louis Girouard, Jr. 5 White

oo. Francis Phillip Davi 9 White. —

. Ewell James Sonnier ee | _ White

97. Freddie Lantier & 8. White

98. Alvin James Stelly ee | . . White .

99. Ward Joseph Sanchez, Jr. . White.

100. Harry Elton Delahoussaye 3 _ White

101.. Judson Alfred Voorhies 8 White

102. Cyrus Joseph Brown —683 Negro

103. Linsey .Comeaux , 8 *: White’

104. Louis John Bergeron, Jr. 3 White

105. William Alfred °Curley 3 White

106. Aaron Joseph Nepveux 3 White

107. James Harold Prejean, Sr. 3 White .

108. Sidney Bergeron “il. White

ro9. Walter Raliegh —— | a White

110. John Austin Hebert 9 White

111. John Allen Stelly - White

112. Lee Joseph Bacon 5 White

113. Allen Joseph Fabre - 5 White

114. Richard Jarvis Fortier 9 -, White

115., Robley. Menard 7 s White

116. Dudley Smith 3 White ©

117. William Davis Frazell 3 White .

118. Leroy Anthony Monte 3 White

119. Joseph Alvin Thibeaux = 3 White

120. ‘Mack L. _ 3 White

121. Joseph C. Glori 3 White

122. Sidney Fer cand Siadous 3 White

123. Edmund Thomas Lemmon 7: White —

124. Harry Floyd Broussard 4 White .

125. Walter St. Julien Comeaux, Jr. 5 White

126.;, Harold John Romero 9. White —

~ 127: “Willis Joseph Morvant om) White .

128. Ramond Edward Bitleaud 5 White

. 129. Maxie Duhon | 4 White .

- 180. Lee Hazard Broussard 4 - White

' 181. Jules Dale Vincent 9 White ©

182. Nunzia Joseph Varisco 7 . White

188. Don Louis Landry 7 ° * White

184. Robert Arthur Anderson 5 White -

185. Floyd Meaux ~ 8 White

. 186. “Peter Edward Martin, Sr. 8 - White

187. Glenn Roberson Nations 10 - White

188. Eris J. LeBlanc — 10 ‘ White

’ 189. Dalton Trahan ‘2 * White

140. Russell Roderic Mouton 3

Negro

tA i AL ek 8

nett

> (NAME

. Joseph Wilbert Chevalier

.- Leroy Picard

Edward Louis Stelly.

Augustine Joseph | Gauthier

. Taylor Joseph. Landry

. Arthur Leo Boulet -

. Adam William Duhon

. George Mouton _

149.

Gilbert Roderick Fontenot

150. John Tarleton Word

151.

Robert R. Stafford

. Albert Russell Picket

Forrest Kent Dowty *

. John Edmond McElligott, Sr.

Eugene Harris Darnall

Dan Irvin Quin —

. Anthony Reynolds

Willie B. Washington

. James Clifford Shay, Sr.

Frank Raphael Durand

. Francis Ephrem Boustany |

. Charles Augustus Miller.

Jimmy J. Benoit .

Adam Romero

. Joseph Withfield Benoit

. Theo Henry Weber. -

. Theodore B. Shaikewitz

Emerson Jackson Foote

. Evan Henry Hughes

. Henry Edwin Featherston

. James Joseph Daigle.

. Roland F. Pohler -

. Paul Sonnier ;

. Curtis Broussard *

. Carrol Lee Sonnier

. Carroll E. Guilbeau

Wesley Eli Beadle, Jr.

; Gerald Joseph Guidry.

. Claude Joseph Thomas .

Bernard Prejean

. Joseph Prejean

. Wilmer Curtis Goss, Jr.

J. Warren Landry

Ivan Anthony Bourdier .

. George Dallas Turner —

. Edward Clarence Ledet

Teddy Arceneaux —

selec tals Lele pias

WARD PREC.*

—_

~ _

—_

“7 a «2

= 09

20 oo | 7 ot By

Charles N. Lenox, Jr. __

‘NAME | WARD PREC: RACE

188. Ted Allman Richardson — 3 - White:

189. James Hilary Burleigh 6 ‘. White

---190;~. Aaron -Stutes. 3 8: , White

*191. James Viel Savoie) ~~ ~~~" ----—~. 7 White —

192. Currise Jude Broussard “yy ~~ Ate...

198. Joseph Leonce LeBlanc © e. White

‘194. Glenn E. F. Oser: = White

195. Paul.Guidry 8. White

.196. Clifton Anthony Duplin 1- White

197. James*Leewood Breaux 1 White

198.- James Arthur Nolan, Jr. a | White

199. Felton Paul Romero 3 White

200. Otto Joseph Reaux 10 White

201. Joseph Le Baudion _, 1- _ White.

202. V.-Fred Kesner 10 " White

203. ‘Harold Charles Champagne 10 White

204. Clifton Pierre Broussard. 4 - White

‘205. Curtiss Glenn Gilley 5 White

206. Austin Trahan ae | White

, 207. Santo Anthony. Martaroma 3 - White

208. Aulley Joseph Breaux 8. _ White

209. Bill Joseph Garcia 5 “a White

210. Earl Brown Flatt 3° White

211. Donald Louis Roger 6 White

212. Paul Albert Thibodeaux 8

213. Alcee.Clemence Matthews 3. "white

214. Marion F. Pruitt — - 8 White

215. Larry Louis Benoit 3 ‘White

216. Glenn Daniel Baker 5 White

217. Stephen Lemelle 3 / Negro

218. Elias Guidry - a: { White

219. Tom Brook Metcalfe 10 White

220. John Raywood LeBlanc 9 White

221. Narcisse Joseph. ‘Dominque - 2 Negro

222. A.J. AzaBo ° 10

223. Bobby Joseph Richard 6 White

224. Vernon Patrick Landry 1 White

225. Calvin Louis Lantier. 8 White

226. Ralph Douglas McGee, Jr. ° 10 . White

' 227. Dudley Joseph Richard ' 8 White

228; “Vinegnt Lawrence Lauin 10 -

229. Pierre Roger 1 White

280. Robert Louis Brakefield, Jr. 10 _ White

231. Francis William Miller 10 White

232. ‘Carroll Joseph Green 10 White

233. 10 White

PE tn Ding 2 werent

uo:

256.

NAME

Lee James Blanchard >

.. Leo A, Cavell -

. Walter Lee Miller

. Tophie Joseph Mahfouz

. Gervin Gre

. Joseph L. Guiry

. Phillip Joseph Dubois

. Louis Locke Neveu

. John Bodin, Jr. —

. ‘Elridge Joseph Kidder

Tweedel

Roy Jean Landry

. Maurice Joseph Sonnier -

. Burton Andrus’

. Edward Eugene Hernandez

. Archie Francis; Sr.

. John Bunyan Smith, Jr.

. Larry:-Lee Boudreaux |

. Robert Frank Wendrock

. John Vinson Staten, Jr.

. Francis LeBlanc

Dozier Lester, Jr.

. Ervin Joseph Breaux -

Nolan John Istre

- 257,e#ktvin Albert King

- 258.

. Wesley Guidry

. Vincent Guidry

. Robert Rosswell Burkee, Jr.

. John.Warren Fontenot

Charles Frank Gautreaux

Fernand J. Broussard

Alexander Clause

Percy Luke Breaux

. ‘John Maxie Broussard, Sr.

. Ivy Richard, Jr...

. Oran Joseph Theriot

. Joseph Hebert, Jr.

. Linton Pierre- Landry

. Arthur Gail Randol, Jr.

. John Allen Chiasson

. Solomon Arthur Womack, Jr.

. Joseph Albert Dugas :

. Dallas Paul Vincent

. .Rodney P. Alleman. ©

. Lizzie Joseph Mouton .

. Percy Willis Champagne

. Curley Joseph Romero .

Bryan Dale LeJeune

— —

CNASCM

DO 69 69 69 69 C9 C9 C9 CD CO CO CO IED 9 OO OOD

PREC.

NAME

. Henry L. Rich

Clarence Russell Craddock | ,

Alcee Clemence Matthew

‘William Jeffrey Broussard

. Frank Paul Piccione < ~

Jackie Lee Mayers

Chester Jean Lantier

.. Paul Thibodeaux, Jr.

. John William Thomas

Thomas Emile Vincent

. Jerry Dale Guidry sO

Joseph Donald Sonnier —

. Henry Romero, Jr.’

Lee Joseph Guidry .

Henry Clifton Denais

Allen M: Beasley

. Maxson Jean Duhon

. Jimmie Floyd Vincent

Arthur Falls Schafer

.. Joseph Berchman Daigle

Sam Sylvester Allgood, Jr. ©

. Robert V. Fleming

. Clovis Dalcour, Jr.

John Elridge Lagneaux |

. Paul Milton Domingue

. Arthur Joseph Felscher

.. Lucas Stacy Denais

Chester. Duhon

309.. Richard Ardoin —

827.

. Ira Paul Peltier ‘

. Jessie Lee Hidalgo

.. Mare Emory Derouen —

Helaire Trahan, Jr.

Edwin Hebert

. Jean B. Gallet -

. Joseph Lee Chavalier

. Robley Joseph Hebert -

_. Alfred Louis Sonney. -

. Wilbert Joe -

Dennis Ray Hoffpauir -

Charles Guidry

Presley Paul Decou

Neely Eugene Lowrie

Joseph Dalton Joe - \

Anthony Pete Arceneaux

Curtis J. Alleman

Earsby John Rideaux

ia Ps

HM POMS WOM O WOR OH WWODOWH ONIN NWWOMNIY

WARD PREC.

oo . a4 . '

td © 6 09 09 1 OD CO IND CO CO OO

‘NAME

828. Ellzey J. Terro

-829. Clarence Gumbs .

830. Dudley Earl Duhon

831.. Wallace Joseph Living

832. Dudley Josepli Hebert

' $83. Edmar Thibeaux ~.

- 834. Albert Louvierre

835: Paul Dunand, Jr. -

- 886. Felix Henry Foreman, Jr.

337.. Nolan Joseph Winters -

338. Richard Gerald DePew

_ 839. Rayburn Dale Ocamb

840. Joseph Hypolite Rivore

841. \Charles Albert May, Jr.

842. Batson Boudreaux

848, Joseph O. Trahan .

344. Paul Roy Girouard:

845. Charles Joseph Barras, Jr.

846. Hardy J. Druand

347. Nerry Comeaux. .

848. Jessie James Guidry

. 849. Andres Pouroiaux

850. Claude David Martin .

851. Dougas Savoy

-852. Jimmy R. Gibson

. 858. Allen John Anslem

‘854. Floyd Anthony Meaux

355. Werner Henke

856. Nolan J, Badeaux ..

_ 887. Wilfred Jules Guidry |

—. 858. Richard Crosby Sealy -

359. Loomis Joseph Dugas

"860. James Orland Underwood «

- 361. Donald George Hansen

WARD PREC.”

P _ ,

S OO mt 09 09 S 69 Cy C9 © 69 09 09 CO 69.69 =2 OI ON OD C9 Co O 09 09 09 69 Gp 09 09

oan

362. Kenneth Eldridge Toombs :

868. Edwin Lee Doyal. +

- $64. Grant D. Carroll

865.. Joseph Ransom Malveaux

3668 Allen Anthony Bernard

' 867. Dennis Racca.

ee Pore oe

368. Raymond Joseph Laurent

869. I eRey Francis O’Brien

370. ‘ohn Clanviele Savoy .

871. Billy Marion Ferriss ;

872. Eugene Gerald Jumonville

878. Dudley Joseph Hebert.

874. Lioyd J. Broussard

Re 09 S 69 09: C9-TO C9 bo C9 C9 On CO

.. Lawrence E. Foxworth

. Glen Cates oo

. Robert L.. Miller : ‘

. Thomas Charles Menard

. Grifford Adam Cormier

Eddie Benoit

. Elmer Roy Scales ©

Joseph Clifton Young —

Anthony Simon

Eric Joseph Granger

. Joseph Blanchard . _,*

Jerry Noel Begnaud *

Harrison Theall « :

‘Charles O. DeJean, Jr.

George Kermit Guindon,

August Bordovsky

. Donald M. Bailey

92, Clarence White - .

. William Edward Leece |

George Joseph Martin -

. Gilbert Ardoiti

. James Calvin Breaux

. Marcel Brasseaux

Arthur James Billeaud

. Kenneth Carlyle Jennings

Joseph ae Seuirenex

co We reas

fr)

. , ; ‘

a —

eB Oem OO Oe OO

Dy... Clerk ‘of Couirt.]

SoOMOwMNMmAI a

\[Filed' this ‘28 dc of Nov., 1967, /s/ Fane Kebodeax

e ¢ . .

ee has tase tbainnnn oe aed

- . <

Pies

SraTe oF LOUISIANA : wt eee

, PARISH OF LAFAYETTE eas ?

THIS IS TO CERTIFY that the stincdint: list: is a

true and correct copy of the names used on the General:

Venire on July 25, 1967 for the purpose of drawing 20 ©

names as proposed members of:the-Grand J to‘be in - -

attendance on September 11, 1967; also, for the purpose

-- of drawing 30 names for Petit Jury service on November

6, 1967; pis also for drawing 30 names for Petit Jury —

to be in attendance on November 27, 1967; also for the -

drawing of 30 names to serve as Petit Jurors on. Decem- ©

. ber is” 1967; also, 30 names for Petit Jury service on

_ January 15, 1968: “also, 30 names for — Jury service

/ for February 19, 1968.

From these 400 names, 25 negroes were placed in the

box and 4 ‘cards drawn show no race. . @

‘THUS DONE AND SIGNED this 14th day of Novem- ee

‘ber, 1967 at Lafayette Parish, Lafayette, Louisiana.

hee. Oliver J. LeBlanc

OLIVER. J. LEBLANC

Clerk of Court - .

A TRUE Cory ATTEST

Lafayette, La., 11-28-67

/8/. Joyce ‘Rebotent ies

, Dy. Clerk of Court

ex [Filed this 28 day of Mow. 1967, /8/ Joyce Kebodeax

Bs ‘Dy. Clerk of Court.)

\ e

26 | |

-*. PgR CuRIAM—BILL oF EXCEPTION No. 10 _

-Defendant’s Motion to Quash-is without merit. On the

question of inclusion and exclusion of Negroes, see. State

of Louisiana vs. Lucien Peters, 204 So. 2d. 284 and cases

- eited therein; and. Brooks*vs. Beto, 366 F. 2d 1, Cert.

denied, 87 S. Ct. 1169, rehearing denied, 87 S. Ct. 1489

and cases cited'therein; on the question of exclusion of

women, see Article 402 La. Code of Criminal Procedure —

.. and Hoyt vs. Florida; 368 U. 8. 57, 82 S. Ct. 159, 7 L.

Ed. 2d. 118.

January 81st, 1969.

o\ oN

_ /s/. Jerome E. Domengeaux

District Judge

PRESENT:

Hon. JEROME E. DOMENGEAUX

J UDGE SS arraeeeatall

"FOR THE STATE:

BERTRAND DEBLANC, Esq.

District Attorney

' Lafayette, Louisiana

_ FOR THE DEFENDANTS:.

CLAUDE ALEXANDER, In oe Puiies, repre- |

sented by JOSEPH PICCIONE, Esq.

Lafayette, Louisiana

LEE PERRY PRATT, In Proper ary repre

sented -by WILLIAM LOGAN, Esq.

Lafayette, en

' ‘OPEN COURT . :

» ~ LAFAYETTE, LOUISIANA

me, JANUARY 5, 1968

" NOTE OF EVIDENCE

_ (Informal. discussion off the record-)

RULING ON MOTIONS TO 0 QUASH

BY THE COURT:.,

_. “The Court in cach case, after having heard the motions

_to quash, the Court now overrules and denies the motion

to quash filed by the Defendant Claude Alexander and the

motion to quash filed by the" Defendant Lee Perry Pratt.

BY MR. PICCIONE: | oe

Your Honor, in the case. of STATE. OF. LOUISIANA :

_ .VS- CLAUDE ALEXANDER, Defendant Claude Alex- *

~ ander: reserves a bill of. exception: to. the ruling. « the

Court on his motion’ to quash» and ‘particularly as to

Counts 1, 2, 8 and 4 of the motion to quash and makes a .

[fol. 2] part of the bill of exception the motion to quash

- heretofore filed herein, the evidence taken ‘at the trial’ of

‘the motion to quash of the members of the grand jury and ..

jury venire commission and the ruling of the Court and of.

course our exception to it.

BY THE COURT: |

All right, let the objection and exception be noted. —

_ BY MR. LOGAN: :

Your. Honor, in connection with Lee Perry Pratt. we

will make the same exception and reserve a bill of ex-

__ ception with specific note of the. answer of the Clerk to

the percentage of Negroes included fn the venire as show-

_ ing only 6.25 percent. —

BY THE.COURT::

Okay, let the objection and exception be noted.

EVIDENCE CLOSED

Was examined and testified | as follows: .

HON. Juicum E. DoMENGEAUX |

JUDGE PRESIDING

FOR THE STATE:

BERTRAND DEBLANC, Esa.

District Attorney

Lafayette, Louisiana

| FOR THE DEFENDANTS:. | rar

| CLAUDE ALEXANDER, In el Cae repre: _

_ sented by JOSEPH PICCIONE,-EsQ. __

Lafayette, Louisiana SD

LEE PERRY Pratt, In Proper ices, repre-

sented by WILLIAM LOGAN, Esq, °

: Lafayette, Louisiana.

OPEN COURT fis ere

LAFAYETTE, LOUISIANA oie c=

_ NOVEMBER 10, 1967 _ ee

MOTION TO QUASH THE INDICTMENT |

(Informal siacyaston off the record. ) : - Rn

MR. PICCIONE: Mr. Landry, please. |

Thereupon, ; Lop

ERASTE R. LANDRY _ ——s!

was called as a witness, and having: been first duly sworn, jan

EXAMINATION - pie

BY MR. PICCIONE:

Please state your name apes residence.

- Eraste R. Landry. . ek eet

And your residence? ee

Youngsville, Louisiana? - Pes ef

(babe

[fol.2] Q Mr. Landry, what is your public office?

A Registrar of Voters, Lafayette Parish. ion

_ Q How long have you held that office?

,A First time I went in 1987 through June, 1940, and

. I came back January, ’48, until now. 4

Q Are you just about a lifelong resident of Lafayette .

Parish? | Re

A That’sright om, =

-.Q Mr. Landry,’ according to your knowledge-of the

registered: voters of this Parish, can you tell us in close

approximation the number of white people ‘registered to

‘vote and the number of colared people registered to vote —

as of, say, the past six months? ee

A> You mean total of what I have on the book right

'- now? . ,

Q That’s all right." 7 ; a

A We have forty thousand eight hundred and ninety- .

six total.’ Out of that we have six thousand five hundred

‘and forty-one Negroes. er a 2

Q So presumably the rest would be white.

Q Now, would that be substantially about in the same

._proportion during the past six months? oe

A’ Well, we increased the last six months quite a bit.

- _ .@Q ‘You mean that the total number of voters has in- —

creased in the past six months. gr ee

A That's correct... |

Q~ On the other hand, what about the comparison be-

» tween the number of colored people as compared to the

- number of white people, is that about the same compari-

‘A I would imagine so, yes. ss -

Q It has held pretty steady for the past six months.

{fol.3] A Yes, sir. | rates re,

~Q Mr. Landry, would it be to your knowledge and ob-

” " gervation of the facts of life a correct statement that

about half of the population of Lafayette Parish is fe- _

male and about half is male? rca :

MR. DEBLANC: . We object to that.\ It calls for an

opinion and-he is not qualified to give af opinion as to

-how many males or females in the Parish, |. i s—i‘e:«C

MR. PICCIONE: That’s almost something that Your.

Honor could take judicial cognizance of. - ;

(Argument off the record.)

Q (By Mr. Piccione) If you know, Mr. Landry, can

you say how many males are registered and: how many

females are registered?

A- Well, that I don’t know right now. I might have

“. the record in the office.

Q You mean you probably have that count ‘made in.

the office as such?

A Male and femaley = -

Q Im sure the Court would give you time to go look -

at it if you have it.

A Well, I have it. If the Court allows me, I'll go and -

get my record over there.

Q Except by checking the records you’ re unable to say

_ about what the comparison is between male and female. -

A No, not right now. -

THE COURT: How-long would it take you to deter-

mine that: from: your records? ©

THE WITNESS: Well, I could find that out from my

secretary right away.

MR.. PICCIONE: If he has it, Your Honor, I would

like to put it in the record.

[fol.4] THE COURT: I would think if he has it it

would be in order. -

“ MR. PICCIONE: And that’s all the goons, ‘Your

onor.

‘\ THE COURT: Would you mind checking on that and

they'll call you back.

THE WITNESS: Okay. |

HE COURT: Does the State have s any questions?’

E WITNESS: No questions, Your Honor. ...

(Witness excused) .

MR. PICCIONE: “Mr. LeBlane.

Thereupon, :

. _ OLIVER J. LeBLANC

was called as a ‘ois. and having heen first duly sworn, .

was examined and testified as follows: 7

OPOPopo

"- BXAMINATION

BY MR. PICCIONE: .

‘Please state your name and residence. ist}

Oliver J. LeBlanc, Lafayette, Louisiana.

What public office do:you hold, Mr. LeBlanc? .

- Clerk of Court. ants .

Are you also a.member of the Jury Commission?

Did you act as a member of the Jury Commission

in drawing up a grand jury venire which made its re-

turn in the first week or two of Septemiber of this year?

A Yes, sir i i

Q That would be the same grand jury that returned

an indictment against Claude Alexander, ¢o you know

that, sir?

A: Yes, sir. | a at

[fol.5]: Q Yes. Mr, LeBlanc, are you familiar with the

procedures followed by the Jury Commission in drawing

up the venire of three hundred names-for the. grand jury?

_- . A Yes, sir. .

-Q “And you participated in that procedure?

fae CS eee 3 at

_ Q In drawing: up the list of three hundred names, -

“were any citizens of the female sex included? —

ee : . ,

A No. ; Sud te \ 3 ne

Q In fact, all women were excluded, isn’t that right?

A ‘We.didn’t have any names submitted to us of any

with the intention of willing to serve. © :

--Q And you didn’t look for any names f women to.

serve on the jury, the grand jury.

a A That’s right.

@ And none were listed on the grand jury venire.. :

"As That’s right.

Q And this may be a projection, but in fact you will

- follow the same ig will you not, when you select

the petit jury venire

That’s right.

ra 9 - Has that petit jury venire already been selected?

Yes, sir. ie

*) For such jury that might, sit on a case beginning ;

on November 27, 19672

A If it’s the same time of criminal court

Q Yes, sir 3 :

A Yes, sir. | 7

Q a ctettotacere ty en

well as on that grand jury venire there w |

(fo. 6} A That’s right...

. Q - And there are no women listed.

A That's right. -

Q Now, Mr. LeBlanc, did you see the members of the

grand jury that -was. empaneled on Regen 11, 1967

when this criminal term opened?

A I’m not familiar with the grand jury personally.

and I don’t remember if I saw them because we have a

lot of grand juries or petit juries and I might have not

gone to court that date, .

Q Mr. LeBlane, ‘I think that this may help you and

I believe you furnished me or the deputy clerk furnished

"me with a copy of the twelve names, of the twelve men,

who seryed on the grand jury for — 11, (1967. Do

you recognize that list? :

- A Yes, sir. ©

—Q And they-are all men, are they not?

A Yes, sir. ! read

Q Do you know them all to be white men or members .

of the Caucasian race? ou

A Im not familiar with all of them, Mr. Piccione.

_ I’m not sure if they are or not: I couldn’t answer that.

Q: You really don’t have no aevelesag whether they

are all white or not. ..

A That's right. cenate

_ MR. PICCIONE: Your’ Honor,.- I would like to offer in °

evidence this list of twelve names of the grand jury as

empaneled on September 11th, the actual twelve members:

- who’ were empaneled as identified by Mr. LeBlanc. aes

MR. DeBLANC:. [ have no. objection, subject to its

. ” correctness; that’s all. eo

Q (By Mr. Piccione) Mr. LeBlanc, are you satisfied

_ [fol.:7] that this is a true and correct list of the twelve .

za, Ee See Steere OS See: Senet See SEE lee o> :

‘paneled on the grand jury this fast

A This could be verified tiem the saree book. I can't z

say for sure. ©

4 Would you prefer to do that before you say?

Yes.

MR. PICCIONE: | I’d like to ask the fourt to give Mr.

LeBlanc time to do that so he can certify it and then I

will offer it in evidence. after doing that.

THE COURT: Allright. . ;

(Informal ‘discussion’ off the record.)

A We don’t make selections, Mr. Piccione. We dew

os of the box indiscriminately.

oe w them out of the what?

. ;

general venire' box. =—

d Soe de dar ger tn tas peters venice bot?

that comes ‘to us, other list that .we-send out from the

of voter's list, names, submitted to us by memn-

of the Jury Commission. —

other words, names submitted by the members

‘lis

Fol

Spo >

wa)

you submit some names?

— ‘

. ae

8] Q - Did the other members sclhealt 4 some names?

that—to be considered by the Jury. Commission asa

‘And were + tiey put in the: venire box?

of them were and some of thém were not. -

Was any conscious effort made to include members

Negro race? -

We do, not make selection’ from race. ‘We just go to

the questionnaires or by recommendations, one” way or -

is putting them in the selection on questionnaires

Commission itself of which Baal are a mem-_

time ago they did bring us a list of names

Bre

Q Now you said that lst was put in the veire box.

What list?

A The slips or list that are put in-the general venire Cue

oe ee

Q Questionnaires? :

Pia eee

Q That she sailed out. sient :

. A 4fo different people in the Parish. ne :

Q nd hace quciticmbatad tak: thatlsdiiodeaiibuatc.

-A No, no, to fill in questionnaires to get their qualifi-

cations and occupations to see if they are qualified to serve eae

on the jury. * . :

~1Q Now, who is this questionnaire sent té?- How is

t determined? |

To the different people in the Parish by the regis- oe

of voter’s list and the telephone book, city directory,

different lists that are. submitted by school board or any

list that we can find that we think we got address for the |

‘mixed race one way or the other. .

Q In this instance here of this grand jury ‘venire, the

last ore that we're talking about, was the list of

7. ber i, hoc ohituas estonia i Eraste Landry's office used?

. t was.

e: Q Did that include the list of colored voters as well as ne

- white voters? : | ae

he RMBs iA.

Q Were any selections inade from the list of colored

voters? | :

. Je No selections’ wereitmade: fret cdloradl: voters” or

- White voters. They were taken if we thought that they

were qualified to serve on the jury.

Q Were questionnaires sent to every member of the -

list indiscfiminately or were only certain ones ‘selected

and questionnaires jsent to them?

A "The questionnaire was sent the first time to one out

of every eight from the registrar of voter’s list.

Q Dbd you mean that you selected the one out of ight

or did you go down the list and take every eighth one? . /

A. Took every eighth one.’ if it wes'a dotiexiée if

was a lady or if it was school bus driver, the typist

ee ee 2

HOP

eae A

--Q His’ ather ‘words; if -you Rita eighth ‘one that -ap-:

ee some a you took the next. -

ar me Yeu

EXAMINATION

BY MR. DeBLANC:

-Q Mr. LeBlanc, I gather from what ydu’ve said that

you ptt a broad base from which you mare. Is that cor-

rect beer | :

A. soar right.

' Q Now you start off by taking every eighth name of

the registered voters from thé list i in pee sete “iia of vot- yee

ta office. oe

‘ol. 10] + Yes, sir. | * |

: Wilerein there are ayeapetnatety forty thousand

A Yes. ~ ; r)

.Q And if the eighth name is a person who is exempted

by the law df Louisiana, such as bus drivers, -women, .doc-

tors, lawyers, then you go to the next name. Is that cor-.

rect? Mee ee a

A Yes. .

.Q ‘Now, ig what - you do with that namie? What

- do you do with the name? -

'. . A. We send them a letter. .

~Q> Don’t you make’ a card on them, too?" .

RS -A We did, but: then we found out it was best. to wait :

until the questionnaires came in to maké a-card. Then .

we make a card atter the questionnaires come ‘in with the

information.-

Q But 01 e. of those eighth names—this ‘eighth

name that you out, isn nt a card seemed made on

him? |

A. Yes, that’s right. rete

Q It’s a little four by five. card?

Yes.

“And you have possession of that card?

Yes. ae,

a And they are put in Iie a-card index? ated ae

crore

~ alu

Yes, sir sir. . spate

‘In: aphabetie order? é

¥es. :

Which were taken from the registrar of voter's

list. | |

That’s right. we

erereree.

r fol. 11] Q Ad you take them out of there, the elght

.. names, regardlges of whether _—* white: or colored.” Is

_ that correct? ..

A That’s right. . is

.@ Now, then, you also take names from other list

like the telephone book? . = $ ya's

A That’s right. —

a "oat hnawe tala tikes Drak (hk Takupitle tlighess |”

book ° which includes. Lafayette, Broussard, Carencro, -

Youngsville, Duson and ther — parts of the Pariah

‘A That’s correct.

Q_ In other words, you eee a telephone bodk which |

_ eovers all telephones in the Parish of sere dace k"

A. Yes...

Q And you take namés out of that.

A Yes, sir.

Q. Now, you also have a city irectory which you. use ae a

' of the City of Lafayette? ;

ag eee cape ai

Q. ‘And you take names out of that Toc ge

A Yes. ; ¥ :

Q Indiscriminately?

oo 28

_@. Now, you have other lists besides that that. you take, ©

‘ names from? .. . :

A The Jury Commission brought 1 in some naméé.

Q People that they know themselves?

A. Yes. And we sent questionnaires out. Of course it

wasnt that many. °But it was more or less a: aeetieation ee

of the list we already had.

‘Q You.have a copy of that questionnaire with’ yout

[fol. 12] A -I can get one. - fi

its rah gh natita eemogsiais | Pre

So you have thousands and thousands of names?

Yes, -4

. 88

A Yeis: : : : a

Q Gan you send somebody to ree one up, and also a

- gample of the card? | a

A Yes, | oe

THE COURT: Off the record:

_ (Informal discussion’ off the record. )

‘THE COURT: | Show that Mr. Eraste Landry is now }

- back on the stand: 7 :

“Thereupon,

- <P

ERASTE R. ‘LANDRY |

: ‘ ; was recalled as a witness, and having sreviously been

Sis weOER, ‘was. examined and testified further as follows:

_ EXAMINATION

See “BY MR. PICCIONE:

Q Mr. Landry, can you state. how many females were -

registered. to vote.in Lafayette Parish?

Ge % Yes, sir. Out of the forty thousand eight. hundred |

: and ninety-six total registered, we had seventeen thousand -

‘eight hundred and three white males and we have six-

’ teen thousand four hundred and eighty-three white fe-

males; we have in colored male, three thousand five hun-

dred. and seventy-three; colored. females, 9 thousand :

= and thirty-seven. -

Q we —* as of right now:

a .

ne wad that proportion jpictaimataly have. been

3 maintained fairly. well 1 in 1 the past six months? Sia

A .Yes,sirj. . . .

met oe Mr. Landry, as a man who has lived in Lafayette :

-[fol. 18] Parish for a long time, would you look at these

twelve names and state if. you know those people and are | :

| they ‘white or colored?:

3 MR. DeBLANC: We object to that unless he has—it’s

calling for an- opinion. :

‘(Argument off the oc A

<° : ‘ . ° So *

“THE COURT: You may answer. |

‘THE WITNESS: The first one, Felix ee Fore-

man, Jr., white man; Paul Douglas -Perkins, I don’t know

him; James Francis Lavergne—I know them names but I.

don’t know them people; Adam William | Duhon; Floyd

-Meaux, I know him; Warren Trahan, I’m not sure I know

him; John Raywood LeBlanc, I know him; Bobby Joseph

Richard; Robert Arthur Anderson; Walter Frank Com-

eaux, I know him; Adam William Duhon; A. J. Szabo,

I know him. |. 2

- Q. (By Mr. Piccione) All those that you, know are

"white ‘people? *. ete at eee |

i irr ae, 3 XN

And. there’s. ‘none on there that - you recognize as

"being colored.

A. Well, like I:say, I don’t know them—

Q You don’t know them, -yes, ‘sir:

~ MR. PICCIONE: That’s all, Mr. Landry.

. MR. DeBLANC: No questions, ;

EXAMINATION, :

_.. BY- MR. LOGAN:

_,@ BB. LeBlanc says that he besa list from’ your

office in selecting names,for povential' jurors. Did you

furnish him a list or does he actually use your cards?

A Well, he uses my cards. setbereseia oc hie tain tn

type: those cards.

Off of your cards? |

[fol.14} A Yes, sir,

_° Q . Now,-do your cards show the ceeuation of the per- |

~ son?

Yes, sir.

Does it-show his education?

I\don’t know. | :

it’ show his race?

, yes, it does.

“Do \you have a blank one of those ated that you

~ give\us that that information was taken seem :

A What igs ‘wet :

Lororer!

ne | / |

-. Q You don’t have a blank shed 3 tn your office of the

kind that you gave Mr. LeBlanc to get the information

from?

A te >.

Q Could you furnish us one, please. — ¢

A Yes. You mean the —— card?

Q Yes.

A Yes. .

The card you would furnish. in bienk, ‘all those

would be filled in when someone régisters. to vote?

A Well, when he took it out from the office they were

all typed, yes, sir} all in a file.

Q. I mean, all the blanks were filled in.

cA Yo, cir. - a

Q All right. Would | ‘you furnish us a blank card,

please. . | 3 |

JA Yes.

(Witness excused)

Thereupon, c ™

oe OLIVER J. LeBLANC .

was recalled as a witness, and having previously been

SWOrn, was examined and testified further as 8 follows:

fol 15] EXAMINATION: SCONT' 3) | Sy

BY MR. DeBLANC: _

- .Q Yd like to show you ine cards which I mark state

Exhibit “A”. [’ll put this one as “B”. I show you this

_card, State Exhibit “A” and:ask you if this is one of _

cards you make up? | c

A Yes. We make this from the questionnaire.

Q And that card—and the questionnaire is sent to the

people you, get from the list, right? ;

A’ Yes, sir.

This is one of the names that you t et from some -

of these many lists that you made copies from, right? »

A Right.

Q And you send them each a questionnaire

A Yes, § Mr a |

I show you State Exhibit “B” and ask you if this is

‘the kind of questionnaire that you send out?

A Yes, that’s the questionnaire. :

MR. DeBLANC: Now subject to substituting a certi-

fied copy of these, the State will move to. introduce into

- evidence State Exhibit “A” and State Exhibit “B”.

MR. PICCIONE: No objection, Your ‘Honor.

THE.COURT: Let both State Exhibit “A” and State

Exhibit. “B” be admitted and leave is granted for the

purpose of substituting a photostatic copy. of State Ex-

hibit “A”. - -

Q (By Mr. DeBlanc) Then when they send- that ques-

tionnaire back filled up, then you use that information to

determine whether or not, that they. are qualified for jury

service. Is that correct? .

A That’s correct.

[fol.16] _Q And it’s. from these questionnaires and the

- returns from these questionnaires that you then select the .

three hundred names. of the general venire. Is that cor-

rect?

A That’s correct. | noe 3

- Q And you make any distinction there. between races .

‘when you pick them out as long as they qualify? - |

_ A .No, it makes:no difference if they’re white or black.

As long as we think they can serve they're placed in the

box.

Q@ And then of course after they’re placed in the box, —

_ arbitrarily placed in-the box, then when you-take out the |

names from that box to be placed in the-list, you make ~

out your list. for your petit jury and your grand jury,

then those are — by lot out of the big box. Is that

correct? — | :

A That’s correct.

, Q So it depends on luck, or chance a8 to what comes

7 out of the bex. )

- A That’s correct. _

Q - As far as race is concerned, you could have all

whites or you could have all black. |

A. That’s a possibility. ° % = nk

MR. DeBLANC: That’s all: ee oe

EXAMINATION

BY MR. PICCIONE:

- Q Mr. LeBlane, perhaps I didn’t understand, Did you

say ‘that, you sent the. questionnaire out, first and then’

from the questionnaire answered you made out the card,

_ or did you make out the card first and theh sent out the

questionnaire? ~

A The first time we made™the cards out, the second *

time we waited until the questionnaires came in and then

made the cards from the questionnaires. : - Because in order ©

_ to get the information we need on thé card it’s necessary

:[fol. 17] to get the questionnaires sometimes.

Q In other words, you had a list of people that showed

you who to mail the questionnaire to; you mail the ques-.

tionnaire and you got an answer and then you ‘made out

your :

A That’s correct in some cases. :

Q And from the, cards is where your venire list of

three hundred names came. .Is‘that right?. —s_

A These are the cards we keep in the file as a record

of jurors; however, the general ventire is a small slip of

paper that’s typed. -

Q Now, Mr. LeBlane, does anything in the felephone

book tell you. who i is white or colored? -

; aoe aha

Q Doss anything inthe city dirsary tl you who i

-white or colored? ° z

A’ No.

at ‘Does your questionnaire | ask -—y question, in. fact,

No. 8, race? _ ok

—Q Does it also ask sex?

A It does.

Q Does your card from which you make your yenire

list ——< the question race in the upper right-hand corner? -

= ety ccs hak "Abs is ‘ind Wein thls

‘that went into the grand ‘jury venire, you would have a

4a.

record of the name and the adress of that person and

the race of that person. oe

(fol. 18] A No, not on ‘the wii that went in ‘the gen-

: eral veriire box. ee \ oN

~~ Q Why not?

A It’s a slip of paper - only with the name ‘ag the

address in the general venire box.

Yes, but in making the decision to put that name

with that address in that general venire box, you knew

at the time you placed it in there from the card, the card

nr as you whether they were white or colored, did it

not

A We didn’t look at that, Mr. Piccione. What we ‘did,

we need a hundred names, say, to fill the general venire

- box, we get a stack.of questionnaires and we just remove

the clips and put: tie paper in the box the moment they

are qualified.

Q Mr. LeBlanc, you say you: didn’t loi at that, but .

still your questionnaire calls for race, — card informs

you on race, am I not correct?

A That’s correct. We have this. on. thers because this

is merely for identification of this particular’ individual.

‘ Now, Mr. LeBlanc, do you know of your own

s knowledge the actual three hundred that were put on the .

grand jury venire for this term of court how many of .

-them were white and how many were colored?:

A ‘I can’t tell you that. .

Q But the cards that correspond to their names s would

tell you that, wouldn’t they? ;

A There’s a possibility. ~ ee

@ And you could look at that list you have in. your

office, the list of the three hundred names on that grand

jury venire and you' have the cards on those same indi-

viduals ‘which says whether they are white or colored. Is :

that correct, sir? 3

A We havea card i in file of these slips of paper that :

[fol. 19] we have in. the general venire box.

Q And you could prepare a list or a certificate of

those names and their races. as shown by your records

knowledge that the oe ar jury commission

"44

had at its disposal when it selected the ‘venire. Isn’t that ze

- correct, sir?

A You talk on three hundred which is what it should

be. .Of course the new law says not less than three hun-

‘dred. Since we have so many. juries to select we in-—

_ -ereased the list on the general venire to four hundred.

~~ Q So are you saying in this case four"hundred were

A Yes. rete ee SP ens

- Q So my question is, you do have a list of that four

- hundred and you can check the cards to find out and to -

put down what their races were. It could be determined —

‘how many were whites and how many were colored.

"-A It could be determined in a matter of a week or

ton days, ae oh tial 3

- MR. PICCIONE: Well, Your Honor, we move forthe

‘disclosure of that information because it’s relevant to our.

‘motion to quash. We request the Court to please instruct —

Mr. LeBlane as Clerk and ex®officio member of the jury

commission to prepare a suitable certificate dr list certi-

_ fying to’ the names on the grand jury venire, four hun-

dred or whatever it is, the addresses are not -necessarily

pertinent, but the names are and the races as shown by

the white card and on questionnaires that Mr. LeBlanc

has testified he has.on every one of those names. Now

he may not know of his own personal knowledge whether |

‘they are white or how many are white or how many are

colored, but.his records show and his records were before

him and. the other commissioners when the venire was

[fol. 20] selected. fet ae :

(Argument off the record.) — : es

THE COURT: Let me defer ruling on that at this

time. . eee aaa eee Be gee a ay @

_. EXAMINATION .

BY MR. DeBLANC: :

‘.° Q Can you tell us how many white persons and how

many Negroes were sent questionnaires? Si g3 ;

. — . A+ No, sir.

Q You can’t do that?

‘A No, sir. 7 i

Q You. don’t have that information? — tay :

: A We sent five or six thousand letters out, but I don’t

know how many white or how many colored.

THE COURT: I gather from that, Mr. LeBlanc, that

you’ pick every eighth name as you explained a moment

ago without regard as to the race of that person. Is that

correct? .

THE WITNESS: . Yes, sir |

THE COURT: It’s for thats ‘rai then that you can-

_ not. say how many white questionnaires were sent out and

‘how many colored questionnaires were sent out because

they were chosen indiscriminately any 80 many names, S.

Is that correct?. ~

THE WITNESS: That’s right. : :

Q (By Mr. DeBlanc) And you did not. keep a list of «

that.

A I did not keep a list of that. .

Q Now, you sent out how many questionnaires welll

yoti estimate?.

A’ The first time I sent. out approximately “om thoi- .

- ‘sand.

- Q How about the second time?

A The second time approximately three thousand. But

both times we had about fifty. per cent return mail.

[fol. 21] Q Both times fifty per cent returns?

A Yea

Q Well, now, would you say that you had more returas

from Negroes or from whites? —

A - Well, I would assume by- looking’ at the”

naires that we had more returns from the white people.

~ Q Could yau say ee how. many more in

percentagewise? |

A No.

ele son, ook tk Gibd ins us sen

more of whites than Negroes? .

A Well, working with the list we had in the percent-

age of registered voters together with the telephone book

and city directory, naturally there was a greater per-

centage of personal. mail to thé white ta than to "the

“a

Negroes. por for that reason it follows that we had

larger replies from the white than frorh the colored.

Q But you did send this out indiscriminately— l.,

A Yes.

Q.—insofar as picking out the names of the ‘voter

ts and picking out the names in the telephone |

directory and in the city directory.

A That’s right.

. Q Now the city directory has the names of etecld

person who lives in Lafayette, do they not? :

- fA Yea

Q That's indiscriminately white, and aiiesd

A That’s correct.

-Q . So you would say then that-while you sent out these

cards indiscriminately to white—questionnaires, that is °

[fol. 22] to say, when you sent out these questionnaires,

about eleven thofisand, that you received . om ae per |

A Mostly from whites is correct. 7 oe

an Can you give us the number of white, and adie

from whom you received cards? , %

. A . I don’t keep track of that.

- Q whom you received questionnaires. -

A . I have all the questionnaires that I received, but I ©

don ‘how many ‘whites, or how many colored. I

haven’t counted them.

Q Well, that’s what we want to find out. Can you. tell :

7A That would take some time too. es ist

- - MR. DeBLANC:. I think that’s as important as 5 the :

other question.

MR. TPICCIONE: I'd like to ask a poeple of more

questions, Your — in general. :

EXAMINATION

BY MR. PICCIONE:. 3 >

\ ;

-Q Mer. wagon how ne have you lived in Lafayette

EY I moved here in 1926, I believe, or °27.

Q And how jong have you ben Clerk‘ Court?

A ‘Since 1944, |

.Q Mr. LeBlanc, I’m sure ‘you cohaitae > idee very

* ‘well acquainted with: the population of mia Parish,

do you not? ,

A Ye. -

a Can you state to the Court Aah Ai what is

the ratio in the population general of the white people as

. ‘@ompared to the colored people?

.-» [fol. 23]. MR. DeBLANC: We object to that. He hasn’t

Se got that knowledge, Your Honor. He’s err for an

opinion. ne ck le Ep Seg

THE COURT: Well, if he knows.. °

THE WITNESS: _Fdon’'t now. |

,Q. (By. Mr. Piccione) . You couldn’t give us an ap-

proximation? a:

A No — ;

_ MR. -PICCIONE: Your Honor, we would like. to of-

_ fer, file and introduce in evidence the 1960 United States

Census which I think does make that ‘distiction of Laf- _

ayette Parish and I think it was amended i in 1966.

(Argument off the record.)

Q (By Mr. Piccione) Mr. LeBlanc, is. “tt ‘eeiaik then

that at the time of sending out this questionnaire you

and the commissioners were charged with the responsibil-

ity of preparing the venire and you all did not know the.

ee ee pager seven yes

naire? 7

A That’scorrest. -

3 You fee. even concern yourse with that factor.

-A No.

Q Now when you got the questionnaire answered by ee

whoever answered, then you were aware of their race, _

eee — not, if they answered the question No. 8'on the

or 'A_We did't look too much for the race All we were

"O Bet But ec coeinbe have looked. |

A We could have, yes., . 2

” Q ‘And in fact the sues that werk for you, the sec-

retarial help, were instructed ads commission in preparing :

"the cards, fill’ all the blanks in the cards, including the —

[fol. 24] one that said race. Isn’t that right? be

A Yes. | a j

- @Q-So you recorded the information of whether they

were white or colored. . ae se ek ee

A Thats right. |

_ ° Q And it ¥ only after this recordation: was made

of identifying ‘He

that list ee ge the venire list of four hundred? .

- "A No. The cards were made and attached to the

questionnaires together with the slip of. paper. The ques-

tionnaires that we.thought could not serve were more or

race of the parties that-you then from’. :

_ Jess rejected, and those that we thought could serve were _ |

“all in one stack. If we need any names in the box, it’ —

makes no difference if they’re white or black. They are

‘ taken and removed and the slip. is placed in the general

venire box, .~ | Chae aS ag

-. -Q Mr. LeBlanc, I agree with what you just said, but

you didn’t really answer my question. Let me rephrase it

in light of what you: said. Granted that some of these

questionnaires and cards that were: made from the ques- -

ionnaire were rejected. You made a rejection of them ~

for one reason or another that you felt they were disquali-

fied. Am I right? ere |

Q Now the remainder constituted answers to ques-

. tionnaires, and white cards revealing the race of the

"party. And from, this. remainder of questionnaires and

_ white cards you p ared the list of four hundred for the

_- A. That’s right.- ee aS

~ Q_ In fact they didn’t come from any place ‘else; they -

came from that Jist of white cards. ae

A That’s right. . oe ee

[fol. 25] Q So that whether you oncerned yourself or

not, the fact of the race.of the party was there apparent

for you to see on that white card. Oe Sere x

. A It was, but we didn’t look at that. ie ae ee

-Q Well; you either knew it or you, could have known

A. We could hava,

wa Sh Ss - high Me |

Q And yet you’re unable to say how many white and _

how many colored. Aint Seat r hundred on the

venire.’ ay me : 4 eS 4a ;

A That’s correct. SS a

Q ow have to maki stay of tt and give ww

list of it. :

- .A Yes.

"MR. PICGIONE: . ‘And we do move for that*Mat, Your

- Honor, if I understand right the State has already offered

the white card and also the questionnaire, so I don’t have

to offer them again.

_THE COURT: That’s right, and the white card we |

to. substitute a photostatic copy of it. —

“MR. PICCIONE: I'd like to make the white card and

the green card offered by the State s part of my evi- .

dence as well.‘ I would have done so if the State would z

not have.done so first. | ee

‘MR. DeBLANC:. We have no objection. A i 2

ee .

BY MR. DeBLANC:

Q .Mr. LeBlanc, when ou select the three hundred :

names of the general v Ges ret of thaw caite ari

still there for you to select, should you need any ad-. -

- ditional names. Is that right? — | el

> A That’s correct. ee

Q - You have several th ‘a names there of people

(fol. 26] who are available for jury service. a ae

_& ‘That's right. . :

ce That's right. | Wi a file of all of those we think

are capable of qualifying. Selecting the petit

juries and grand juries, the moment we have. to

the box we just take all the questionnaires we have and

_ put thent on the Oke sad et Ee ee

nately and replenish youre without ay selection,

<a,

f 1

a: gi he —*

™,

a That's correct.

cw.

Q. cma? you knows: that all thee people in your

opinion, are qualified. &

kag?

EXAMINATION

BY MR. LOGAN:

Q Mr. LeBlanc—vwell, first, Pa like + to make the card

and the questionnaire partof the evidence for Pratt.

ae COURT: Soordered. . - :

(By Mr. Logan) Mr. LeBlanc, who are the mem-

ioe of the jury.‘commission? . :

- A J. Alfred Mouton, Mike Donlon, Dr. Carol Mouton,

Andrus Martinez and myself. ,

Q Now, are * of those members of ‘the ‘Caucasian

race?.

—- * Yes. rf

Q - You have no members of the Negro ace.

A That’s right.

Q: Now, who presents the names to the J udge for sign-

- ing the order to make them members ofthe jury com-

: Clerk. =

_ (fol, 27] mission? .Who recommended names to the Judge? © .

ACS (No. response. )

°.Q > Do you as Clerk of: Court do that?

Q “Do sin iis Ww. who does}

A The Judge usually makes his own selection more or

: dge “might Bet recommendations from . the |

Q Did‘you ‘make any mach, recommendations oo

' A -No. We lost:one last time.. We were fiv¢ and, this

new law requires that we’re only four; five with the Clerk.

~Q Well, now, do’ you hs whether or not any names

: of Negroes were submitted to the-Judge for appointment :;

in the jury commission

A Some of the jury commissioners . been there for

years. I wouldn’t know. about that.

Q Have there’ ever been Negroes on the jury commis-—

sion?. |

A> No. tn, &

OY:

yi,

Q Now, who prepares this questionnaire on. » jury —:

fications? —

A The. District Attorney and E went over this.

Qpid the Jury Commission” have. esnips to do

with ‘

all?

A We went over this with the jury commission, too.

I submitted it to them. .

Q And you all aioe that form as 8 satidtactory to to

Ao a: xs co,

Q Now, what ‘does race Tiave: to do with the qualifica- |

tions of the jury? |

“A~ Race has nothing to do with the qualifications of the

jury. The reason we: have race here is for identification

of this particular, individual. .

[fol. 28] Q Why is the rage put on your jury card? z

‘A. This card? |

Q Yes, sir.-

A> This is also for identification, because we deat :

_. “work with the questionnaires after we draw the general

venire. We draw from the general venire the slips of

‘papers. The slips of papers only has the name.and the ~

address and the ward ‘and the precinct.

Q. You draw from the general venire, but how does

_the card get in—the names get in the general venire?

A‘ The cards are made wheh we make these cards— .

THE COURT: ~ When you say these cards, you're re-

ferring to a card similar to State Exhibit ar’ right?

THE WITNESS: ‘Yes. We have a small slip of paper

niade from these cards. We put them in the general .

venire box and they.are drawn. In preparing the list we

; type the name and address from these other slips. If

we’re in doubt about this individual, we don’t know if

he’s white or black, we see her black-or. colored, then we

knew just what individual we have drawn. We also can

have the occupation for that particular purpose. A lot

of people in this section of the-country has the same name.

Q . (By Mr. Logan) But you do as a fact know

whether they are white or ‘colored.

A. Not from the slip of paper. that is drawn from the |

general venire box.

red eas here Se

"came back you determined who—before you put them on __ -

° o

ae But from t 1e ‘cetiniiidii and. the cards. that’s |

’ used to make up the slip of paper to put in the general

_venire; you know . ‘whether they're white or colored. Is

_ that correct?

-A Yes; We can ‘deterniifie that.

Q Now, you stated that you used the registrar's card |

to make up your. list that you make out?

(fol. 297] A Yes.

And the ee 8 card shows what their race is

algo, Hoesn’t it? -

_ A Right.

Q Now, you. stated that when these questionnairés. ,

the list you ‘decided if youshought they were —

-A - That’s right.

Q What did you. use in determining ‘whether you 7

thought they were qualified?

A He might be a doctor, he might be a school teacher,

a school bus driver or he might come under the. qualifi-

cation that will exempt him.

Q Are the only persons that you consider not’ quali- —

fied were those that were exempted by‘law?

A No. Some of them didn’t know-how to read and

write:

. Q Other ‘den read and write, dtd “you: abate. ara

_ body else because of education or anything?

A ‘Some of them were extremely nervous, hard of

hearing.

Q You mean where they showed that on the ques-

; tionnaires? —

A Yes.

Q Were there any other ‘reasons why they were ex-

cluded?

A There- ‘might—have been others. They might be

: . crippled or they might have put on the remark column |

where he can’t sit a lopg time. There are a lot of other

reasons that we thought he might claim exemption.

Q Do-you have a list of the or. to whom cal

questionnaire ° was mailed?. «

A No

— =

we the endian mailed to any women 1 at all? |

[fol. 30]. A We have received some that was filled in

by ‘some ladies. I think | one. |

Q. Did yow mail any to any women ‘intentionally or

did you intentionally exclude. women when you mailed,

| them?

A. We didn’t mail’: ‘any: to the women. NS ae.

MR.‘ LOGAN: I’d liké to also. make part: “of. my evi-

dence; ‘the list which the Clerk is to furnish of the four

hundred on’ the general venire as t> whether they were —

colored or white. ]’d like to make that part of my rid .

dence. And that's all the questions I have.

: _ EXAMINATION

BY MR: DeBLANC:

Q Mr. LeBlanc, you-‘would’ include the names > any

women who volunteered service. Is that correct?

A . Yes.: - |

-Q And as I understand, the redson “you did not in-

* .

clude women -is because they are exempted from service. ,

unless they specifically volunteer and offer their services. «_

Is. that right? .

A Yes.

stions which are iad in

ary eran mcr aa deals with their qualifications to serve. |

A That’s correct. —

Q And they were specifically drawn up and wae

to make that determination. -

A That’s correct. .

Q So if the questions showed to you ‘that they were .

“not qualified, you would <a this questionnaire amide. ‘Is

- that correct?

A That’s correct.

And those you felt were “qualified ified because of the — 3

[fol.31] answers they gave, then you would put them

as qualified and put their cards in the list of cards in

the index where you could reach for them whenever ‘you

need them. Is that correct? : a

A That's — - , ‘

“EXAMINATION ne

‘BY MR. LOGAN: 2: ..

Q Were ‘any invitations or. notices. sent to women ade

' vising that they had a right to. declare. their desire to

. serve on the jury? :

A ‘I’ve discussed’ that ‘with the Assistant District At |

‘torney and I’ve sent her at different women’s clubs to

_ explain to the women the ge8 sm Ad being on the jury.-

-. The reason so ‘far that the women have nqt served is be-

- * cause facilities and accommodations for ladies were not —

- qrailabis in the old equrthouse. But since the new place -

“Is being constructed -we’re working on. 1 the women to _ rea

‘mit names and intention to serve.. . -~

Q In the past “several years there have been Some

Negroes included in the general venire. Is that right?

A ‘That’s correct. _ x

_ Q Have there been any ; repetition of ihe use of the

—_ of the same Negroes through this period of. time?

> If they didn’t serve—sometime we use them again

sia we bgp not only: Negroes, white also,

Q No, but some that have served have their names:

been replaced on the general Second 2

= A After a period of one year we usually replace those

we want. oe wo

2 Has there been more replacing. of Negroes | on that _

list than. white? ’ :

A- I think if you go by percentage it’s about: even, I

“5 [fol. 32] would. imagine:

Q. Percentages of Negroes that have been _reput on

‘there as there are whites.

A That's ri

——

MRS ae" eee oe

THE COURT:.. Referring to State Exhibit “B”. ‘which

is a copy of the questionnaires. that you made reference

to. You -testified of course how you went about it and

the thousands of people that you sent these questionnaires

out to, and you -testified as to receiving-some of the ques- _

tionnaires back. You further testified that the. commis-

‘sion of which you are a faember, the jury commission of

which you are a ‘member, discarded some of the ques-

ae.

$ >

Ger

ta?’

at roe : ~ °

. tionnaires based on the answers received having to. do

‘with. physical, physical impairments, lack of being able

_to read and. write, physical . impairments and so forth.

Now in discarding any of these questionnaires; was any

8. consideration at .all'.given to whether. or not the person

was white or colored? vas ee ar

THE WITNESS: ‘No. aye ve

- THE COURT: | Absolutely none. er ea

, THE: WITNESS: No. ae

“THE COURT: All of the ‘eniationainds that you’.

kept after scanning those that were not qualified because —

of the reasons indicated, yoy made a white ore. on each

of. those you kept. Is that: correct?

THE ‘WITNESS: | Yes. a

THE COURT: ‘Those white cards which are aaiaaile

fied by State Exhibit “A”, and I’m not holding you to

numbers, they go into-the thousands I presume. .

: THE WITN: SS Yes.

: THE COURT: Now in getting to the three hundred

eral venire, repeat again how do wR: get those three or = a

four hundred names. +

_.THE-WEENESS: The « questionnaires. hilseeste come

‘in. ‘We make a white card and we also. make another

slip of paper with the name and the address.

| THE COURT: Now, the slip of paper that you re

_\ . ferred to, that’s taken from State Exhibit “A”,

\ THE WITNESS: Yes, sir. |

THE COURT: That runs into. the thousands. _

THE WITNESS: -Yes. —.

‘THE -COURT: Now the slip of paper of whieh we

+ don’t have here, that slip of paper, all -it includes is the

' name and the address. Is that correct? "

THE WITNESS: The ward and the precinct. :

. ‘THE COURT: That slip of paper has no’ designation

| as to occupatiog, race and age or anything else.

\ THE WITNESS: That’s correct. - aan

THE COURT: Now from that point, how do. you et os

the three or four hundred names that. are included in

your general venire. —

be [fol. 33] or more names which are- ‘included in your gen-".

THE WITNESS: By just putting the questionnaires %

| on the table: that we think ‘is en and. just —* :

Oi te

a '

them indiscriminately by. punching and removing the card

_ and the slip of paper and putting them iw. the general

-‘yenire box.

THE COURT: These three or four hundred people

: that go in the general venire box are ‘pisces ‘in a

indiscriminately. |

THE WITNESS: Te. sir. ;

- - MR. PICCIONE:. Your Honor, that’s not what he _ ee

‘said’ He said in answer to my question and answer-to

‘your question that from the questionnaires andthe white -

[fol..34] cards that four hundred forthe. general venire

box are picked and put inthe general venire box— ~

- THE COURT: ~You’re wrong, Mr. Piccione.

—-MR-PICCIONE: Ask him. again, Your Honor. ‘He ae

ne ~~ didn’t say. from the white slip. He said from the ques-

- tionnaires. -

-THE COURT: What about. the white slip, Mr. Le.”

Blanc? | :

THE WITNESS: The white slip is attached to. these

in this order, and they are taken indiscriminately— :

THE COURT: You mean the white slips are taken— /

\. THE WITNESS: Away and placed in the general

' venire box.

.THE COURT: At the time that you take the

slip which is devoid of any: race, what if any Kavwlede. ;

| does the jury commission have insofar as race is con-

; , cerned: in placing a. particularwhite slip Ate? the, venire .

THE WITNESS: They don’t. look at the dike

naires one way or. the other if tKey’re white or colored..

They just take the questionnaires the way it is arid put —

it- in the box. It makes no difference if they’re white

' or colored. - ,

MR. PICCIONE: But if they look, it’s there on “A”

and on “B” too

THE WITNESS: On there for purpose of identifica a

«tion only.

THE ‘COURT: The eisdation is, does the jury com-

mission consider race in any form in placing the three ~

-or four hundred names into the venire. list? 7

. THE WITNESS: “It makes no difference to them.

_—

. Ss

Q- (By Mr. Logan) Do shat ac “at tee time that

_ ‘they place it in there the raceif they. care to look?

A I don’t think they look, not the «way they ‘remove .

-. them from ‘here-arid just putting-them in the box bécause |

[fol. 85] -they’re working pretty fast and. they’ve never |

iscarded oné that I know of. — -

ee . You meari they take them in alphabetical order? °

They’re not cele They just. take: them |

‘us way they come. =~

‘THE COURT: How long have you been following this

. system? =

THE WITNESS: Vd say about two years:

QQ. (By Mr. Piccione) _Mr. LeBlanc, you. had men-

- tioned that you had several thousand of these question- .

naires that come back.. Now you also mentioned that you.

discarded some of these before jou ever made a —.

card on them. Isn’t that true? .

A. Yes, . .

Q So you cut them down. About how many ape them

have they got left after you cut them down?

_ A I-don’t know. I’ve kept them all. |

*-Q No, I mean by that about how many. thousands or

hundreds? What does it run to before you. select the four —

‘hundred for the venire list? —_—-

_A A couple of thousand I would say, Mr. Piccione. |

“"Q > All-right: In other: words,’from a couple of thou- -

sand more or less you’re going to — four, hundred for _

the venire list. Am I right? 3

A ‘Yes. ;

Q _And.all you’r re going to put in the venire baie is 2

little slip of paper with a name and , aadress. Is. that

right? a : a oa

. A Yes. . ;

_ Q That’s the slip af paper you. referred to. ‘Isn't that _ )

- right? | = te

A That’s right. 3 |

Q Now, then, do you first select the four hundred that ©

[fol. 36] you’re going to put in that general venir¢g “and

then make the slips of paper or do you, make a ‘slip: of

paper and. pin it. to all of two thousand cards and ques-

_ tionnaires? —

A ‘The slip of paper. is made on the two thousand or

whatever amount we work with. It’s already made.

Bs :

A. Yes.

. @Q And you ae a quistionnaire, you got. a white -

- ecard and you have a little: i! oe a. all of it pinned

- together. yok ce

A That’s right. = 9 — LP

Now, do you then take them as ‘they ‘comé’ or do

Q. You got ‘the two — in front: of you, u, don't in

= you look at the information contained on the. paper and ES

then select four hundred? _ .

A. We take them as they come.

Q And you’ve seen the. commissioners taking a look :

at them, haven’t you?, -

A “They might do that. ©

Q Well, they do look at them, don’t they?

a oe doesn’t matter.

‘Q I mean, they do look at the name and. they inight |

fe That on there. You don’t. know what they see.

That’s right. = - . ne

/Q The proof of the result Neel be in effect whether

or not. or how many colored or how many white are ‘ac-

tually included in the four hundred Selected from me two

tHousand, isn’t that so? | 9 = i re q

A That’s right. 7 ass Neate

eee "EXAMINATION

om BY MR. LOGAN:

Q Mr. ‘LeBlane,. you stated that. you ‘ho the a

and precinct on there. Do you have these questionnaires .

[fol. 37 ] divided up. by wards and aurea and. Select -

_ 80 many from each ward?

A No. When the questionnaires come in they usually :

put.on there the ward and the precinct in which they

live, and then we bill these cards together. But’as far

as selection by ward and precinct, we don’t do that. +. -

Q_. There’s no distinction on ward and precinct when

“AnD select the four hundred cal the general’ venire.

No. :

hips eX

ne ©

s ‘S oni

7 9 =

f tinction of race and color.

THE court: ‘The main thing: that this Court is + in-

\. terested in-knowing is whether any considerktion is given .

- la oe of race in placing the four hundred or

dred or whatever the. amount is in the general

THE ; WITNESS: The jury commission makes no diss.

“EXAMINATION - ©

BY MR. LOGAN:

_.Q. Do-they know- the race or color when they are se-

lected?

THE COURT:. He’s testified. and. Pm satisfied * ‘that |

: they’re taking the matter from the beginning of the pro-

es, oe tt th to the time that the three or four h ‘names |

ere,. the final ‘step, the question rding to his — ae

a testimony? ‘the question of. race. is not considered.

' + BY MR LOGAN: ~ oy oie

r : |

: Q ‘When they select that slip, do they | nee or is it

in front of them to where they can know what the race -

of a person is who* they.are selecting? |

A -It is in front. of them,’ but I don’t think that it ly

makes any difference to them because in our discussion

in- the. jury commission we well understood each. other

__that there would be no distinction made-for race. .

‘[fol. 88] Q But you did discuss that question.

3 A We told them that regardless if he was oe

- black and he was — it ‘made ” nace "They

all know that.

( Informal poacires off the record.) ”

e ‘THE COURT: Aceording to the motion sie tthe oe.

oben, the Court. orders Mr. LeBlane to prepare ‘and.

a list of the three or four hundred names*that.

are presently in the general venire box by race.:

The Court-further orders the Clerk of-Court to furnish ;

_the number of whites and colored on the cards exempli-

fied by State Exhibit “A”... _ Pe

MR. LOGAN: ‘Td like to make a motion bea he also

furnish. the race of each member of the grand® jury panel Y

_ oath to di

were reappointed by the Judge, did they retake the.dath

- » which indicted these accused.

‘MR. DeBLANC: No objection. an

THE COURT: The Court further pane the Clerk of

Court to furnish the list of a designation of the members -

of the grand jury. who indicted the: accused la race.

BY MR. LOGAN: f :

Q Under Article 404 it says, “upon entering upon the |

duties the bi mbers of the jury commission shall take an’

arge theit duties. faithfully”. When they

or do they retake them each year or what?

A They took. their oath when‘ eo were "e appointed by

- the Judge.

~Q- Recently?

A Yes. |

MR. LOGAN: Thank you. | |

-THE COURT: Show that the Court on its own mo-

(fol. 39] tion with the acquiescence of both the State and :

defense states primarily in connection with. the questions

_ propounded by Mr. Logan to Mr. LeBlane concerning the.

_ took the bench that this Judge reappoint

f™

_ Makeup and appointment of the jury commission, this -

the then mem-

Judge states that approximately five ye edie ‘when he

serving for

of the -jury commission who had b

“some time prior, said members -being Mr, ‘Mike Donlon, .

J. Alfred Mouton, Andrus Martinez, Dr. Carol Mouton

and Stanford Landry, and that these gentlemen were, as

the Court recalls, periodically appointed through the years

until. the“law concerning jury commissions. was changed

with the new Louisiana Code of Criminal Procedure in

‘which instance the Clerk of Court: who before had been ~

an ex-officio member of the commission was now by law

appointed to be a member of the commission and the

. commission provided for five members as. contrary to the

| previous provision. In this instance the Court appointed

—in this instance in view of the reduced number. of the

jury commission, the Court did not reappoint Mr. Stan- .

ford Landry but ‘reappointed the other members‘the Getirt _-

had referred to by name a moment ago. ;

EXAMINATION |

BY MR. LOGAN:

Q At the time of the selection of the ‘ausiail venire, :

were all five jury commissioners present? } |

A Yes. °

Q And do you know whether. or not of” og own

‘knowledge whether ar not: the notice was sent to all of

the commissioners as ae caban by the statute? ..

A Right. .

‘Q It was? . |

_ A It was. es |

* [fol. 40] MR. LOGAN: _That’s all the questions I have.

(Witness excused)

___ MR. PICCIONE: Mf, Landry again, please

Thereupon,

Ne,

ERASTE R. LANDRY

was regaled as a witness, and having’ been previously

Sworn, was examined and testified *further as follows:

EXAMINATION

BY MR. PICCIONE: a

Q Mr. Landry, have you any knowledge of the popu-

lation of Lafayette Parish? Do you know what it is?

- A The population? :

Yes, sir.

A*\ It must be around a hundred thousand. -

Q And of that population, do you havé a knowledge .

bearing uport the proportion of colored people. as com fy |

pared to the white people in the population? ..

‘' A Well; no, that I don’t have. But I have a “er-.

- centage of ‘the State—

‘Of the entire State? | . o

Yes. , _

-But not of Lafayette Parish, °

Each Parish. .

Q What i is the. Statistics ‘that you’re ‘ooking at lw

POrO;

ae That’s a report from the Board of Registration in -

. Baton Rouge. —_ ..

Q In other words, it’s an arm of the State of Lou-

. isiana, Isn’t that. right?

. for Pratt and we'll mark it E>

as part of Alexander’s case.

A Ya. —- | a. 8

ta It’s a record of an agen lof. the State of Lovisinna:

* [fol. 41] -A- That’s right, Board of Registration.

THE COURT: .Off the recofd. —

. (Informal. discussion off tle Loan ).-

MR. LOGAN: Td like to mke it a part of the record

ibit “D”. :

MR. PICCIONE: I offer it}in evidence, Your Honor,

THE COURT: And what i it? . .

MR. LOGAN: It’s the blak registration card from

which Oliver LeBlanc obtaineq@ names to mail out his .

questionnaires. a

MR. DeBLANC: No object n.

THE COURT: | Let it be a mitted.

' (Witness excused )

SER. PICCIONE: _ Miss Agnrigs Felix.

_ Thereupon, —

AGNES F LIX

_ was’ called : asa - witness, and hating been Airst dily sworn,

was examined and testified as ollows: : .

4 _EXAMIN/

BY MR. PICCIONE:

What i is your name, pleasm

Agnes Felix. .

Where: do you live?

100 Gilman Road. - | . |

Miss Felix, were you call@g as a witness before the’

grand jury in September, 1964 that indicted your son

.. Claude Alexander?’

- A. Yes, I did.

Q Did you hea bore the end jury? °

ION

poner’ -

A Yes, I did.

[fol. 42] Q Did you look at the grand jury? .

_ A. Yes, I did.

Q Were there any women on the grand jury? —

A Noy. sir. as

Q ‘Were there any. colored inal on the grand jury?

A No, sir. ‘

MR. “ SAOCIONE: That's all. ,

: | ‘EXAMINATION |

BY MR. DeBLANC: - ,

Q ‘You were in that room and you didn’t see any

women in that room? . .

A Those who was typing.

> Q But you didn’t know whether they were members

_of the grand jury or not, did yout

A Yes, I did.

Q--You saw some women in the grand jury. room?

A Yes: They had one sittifig right next to me.

- Q. Okay. . So’ you. did see ‘Some women in the grand x

jury room... |

A She was the one that-was doing the typing. -And

_ then they had another one sitting way in the back. |

Q .They had two women in the grand jury. .

A~ Two women...

Q _Now, they were all white?

- A They were all white. :

Q Do you know what an octoroon is?

A - No, I don’t. . |

‘An octoroon is a person whe has cau Nags

blood. Do you know whether there were any octoroons in

_ nat room?

- Q You don’t know that. — ae tee

AQ A Isure dont. —

Do you know whether there were. any ‘aaaaeaae | 2

(No response.)

Q ‘Do you know what a quadroon is? :

-* A I know they was all white. | , >

Q. — looked like ‘they were: all white to yout

ve Your Honor.

A The were all white.

‘Q But can you tell a quadroon from—

_ A All T ean say is they were all white.

Q In-your opinion they were all white.

A I know they were. :

Q~ How do you know that? . a

A Well, I know. I was looking at them. Din

Q You studied books on— . |

A I don’t have to study books to know white from

colored. . | |

Q So you’ re sure about that.

A They were all white. .

Q And you don’t know what a smiedhcn is.

A I don’t want to know that. But I still say they

were all white. =. |

= Do you know what a mulatto is?

‘No |

G You don’t know what—__ |

_A “Tecan tell you they: -were all white.

Q So you don’t know whether there was any mulatto

on there. |

A I don’t — Pm crazy. I could see all were all ~

' white. i

' ~Q Answer the ‘quéstion. .

A Well, ’'m answering the question, They 1 was all =

- white. _

~ Q Do you know whether there were any mulattoes on _

there? . —

' [fol.44] A They were white. |

MR. DeBLANC: I wish she’d answer the qusecan:

THE COURT: Andwee if you cee “3

THE WITNESS: Well, all I can say ‘they were all

white. I didn’t see no mulatto. |

_ Q (By Mr. DeBlane) “You just said you didn’t know

- what a mulatté was. Isn’t that right?

' “A Well, of course I know what a mulatto is. "

Qi thought you just said—the record ‘shows that

. you said you didn’t know what a mulatto’ was.

A I know they were.all white.

MR. DeBLANC: We have no further questions from =

this witness. |

: In evidence and: through: cross examination of the accused

8 \ mo _- BXAMINATION >

| ‘BY MR. PICCIONE:

Q You know Miss Gilfoil the Assistant Distyjet Ae ot es

torney? . _

A Yes, I do.

Q Did she question you? ~ 7 .

A Yes, she did.

-Q - And was she one of the women you just referred

to as being present in the grand jury? °

A Yes. . |

_ “Q And the only other woman you said was that sec-

"retary taking down the notes.; =

' - A. Taking down the notes. ' bs

MR. PICCIONE: thank you, *~

(Informal discusdion off the record.)

(Witness excused) | .

THE COURT: Show that the record is “left open for

_.[fol. 45] the. reports previously ordered and inclusion in

’ the record as to the white/colored ratio or “population in ~~~

_ ‘the > Parish of Lafayette —— ’

_ EVIDENCE CLOSED

.* * e ° ‘

- [fol. 426}. MR. DeBLAN C: The. State announces out .

of the presence of the jury that it intends to. introduce

a confession and inculpatory statement which was made

-by the accused just ‘a little while after the occurrence of °

the offense, and that it: now announces its intention to

» Show the voluntary nature of the confession. and also-

[fol. 427] that the confession ‘or statement was given by

the accused and: that at that time, at no time, was his -

constitutional rights violated.

MR. PICCIONE: Your Honor, to which declared i in-

z tention: the defense objects: on the ground that the alleged ©

confession is not proper, in the first place, in the manner

in 1 which it was taken. and is against the constitutional

_... introduce into evidence the statement and also as I un-

$ * ;

66. . a , _—

- 3.4

rights:of the accused and is particularly objectionable —

because it is against Miranda -vs- Arizona on the various ©

warnings that should have been given thoroughly to him

and .on having consisted of questions not so much as an;

_ ‘swers’ and having consisted of something taken do;

which was not approved by the witness, by the defend-

ant, which was~not signed by the defendant at a time

_ when he was in custody, in handcuffs, in the presence of |

- hostile officers, at a time when his request to speak to

his mother was not honored, at a time when.he was under

- the pressures of fear and under police custody and. other-

_- wise in violation of Miranda, and that the fruits of sych’

an illegal procedure are at no time admissible, not now, -

not on direct, It is certainly not admissible now on cross __-

examination. ; See re Soria.

. THE COURT: Is this a written statcnentlor oral? .”

_~*MR, DeBLANC: This is an ora] statement. — a

v THE COURT: Was this statement reduced to writ- .

- MR. DeBLANC: This statement was’reduced to writ-

* ing. The State will show the statemént was-reduced to—

writing, but was not signed by the accused, but that it |

‘was read by the accused, read to him and read by him, ©

"and that he approved of it but did not sign it.. — |

., THE COURT: It’s the intention of the State then to

.[fol. 428] derstand it to question the Defendant 6n the

subject. Is that right? |

- MR. DeBLANC: .On the subject as to whether or not

- - . they complied with the Louisiana law on the question .of

the voluntary nature of the confession or statement, in-

culpatory or exculpatory, and that it complied also with

- the Supreme Court decision and especially the case of

. Miranda. . | et

MR. PICCIONE: Of course, Your Honor, our objec- _

tion is additionally on the ground that it is not legally |

taken either under State law or Federal law, that. it is -

- not the statement of. the accused and that’s why he didn’t’

ign it, but it’s the statement of officers of what they —

would like for him to have said. Bs 8

THE COURT: All vias peerne es I would

say that we're now ready for the State to proceed in its

- effort to show -the validity of the statement, confession,

_inculpatory or exculpatory statement, whatever it may be.-

The Court will.now hear evidence on that subject to: -

.*.determine whether or not this statement, whatever its

form is, complies"with the recent United States Supreme -

Court decisions and particularly Miranda which y think

- is the last expression of the Bupreme. Cont on. that he

_ ject. :

Is the State now ready to proceed?

MR. DeBLANC:—The State now calls Capt. Peart

1s eee

——EXAMINATION ON VALIDITY OF STATEMENT

| Thereupon, | : Ge

| | SHIRLEY PICARD) oS

was recalled as a witness, and. having previously , oie:

‘sworn, was examined and testified further as follows:

3s. DIRECT EXAMINATION | | |

, BY. MR. _ DéBLANC:

[fol. 429] Q State your name, please, sir.

A Shirley Picard. |

Q And you are the same person who testified before

‘in this case? | BAS |

A Yes, sir. , a

Q Now, do. you know the accused Gaude Alexander?

“A Yes, sir.

Q Do you see him in 1 this courtroom? 4

A Yes, sir. : aaike

~ Q Would you point him out to the court? | B

A Next to Mr. Piccione. ’

Q Now, did you have occasién’to gee ‘him and’ talk to

him on Septembers the 4th last year?.

A Yes, sir. °

Q ‘Where was that? |

mee In the paola office, City Police Station.

S-

What chine: of the day or night was that?

Approximately two thirty am,

‘How long did you talk to him there?

Possibly an hour. - - .

MR... PICCIONE: Of: course, Your Honor, I believe.

- that {it’s clear that my objection. extends to all of this

testimony. | |

- THE COURT: Certainly.

. (Informal disctission off the record.)

| (By Mr, DeBlance). Who was there: when you: -

9. talked to him? .

A Officer Sidney Broussard and Officer Navarre, An- ..

_ thony Navarre. |

ot <2, Were they there . the entire time or ‘part of the. .

A To the best of my — er were, ir.

| What?

[fol. 480] A They were there, |.

Q They were there at. the ti ef

A Yes, sir. |

Q Were they there. =— the entire hour * you were |

talking with him? — |

‘A Yes, sir.

- Q Now while you were aking to ohm, did he make

" any. statement. to you?, |

A Yes, sir. ° ;

Q. Was this statement that he. gave to you a ]

- statement or a written statement?

A Oral. | oe 7

Q. This statement Jalon he gave, did you pedues it to

_ Writing? — a

A Yes, sir. o

Q- What. type of writing?

.A Typewritten. |

Q Who reduced it to writing? Who wrote it ‘out?

A I did.

Q Now at the time that he made ‘this statement to.

you, did you or anyone else sai desis presence promise him .

anything? ,

A’ = sir.

; x rea

Did you or anyone » else in your presence menace

him, intimidate him or threaten him in any manner to

cause him to give you a statement you said he gave? °*.

| MR. PICCIONE: Excuse me, Your Honor. I object

. to the question as containing conclusions and being lead- _

- ing.. The witness can be asked what happened and we'll

been covered. I don’t think it’s leading. I'll overrule your,

- find out. the facts from the lips ofthe witness rather

- than the conclusions from the Ii ips of the asker, the ques-

tioner. —

- (fol. 431} THE COURT” I think that.the Stal’ has the

right to lay the proper ‘foundation to determine the va-

lidity of it. The State certainly has a right to detegmine

whether or not. both the State law and the Federal law has

objection.

MR. PICCIONE: I'd like to reserve a bill making a

part of it the question of the District Attorney and the

objection of counsel and ruling of the Court. — a

THE COURT: All-right, let a bill be reserved.

Q (By Mr. DeBlanc) Did you or anyone else in your

presence intimidate him in any way to cause him. to ite

a you the statement that you said he gave?

A No, sir.

- Q: Did any person in your presence or yourself subject

Claude’ Alexander to any treatment designed by‘ Meet on |

body or mind to compel him to confess?

MR. PICCIONE: aes objection, Your Honor.

THE COURT: Same ruling.

MR. PICCIONE: Same bill of exception. —

THE COURT: All right. . |

THE WITNESS: No, sir. ~

QQ . (By Mr. DeBlanc) | This “statement: that he gave

_. you on that day, was this statement sgl aim ce ‘

' voluntarily? :

i RS 2

\ MR. PICCIONE: ‘Same biectiods Your Honor.

baer COURT: Same ruling and let a bill be reserved.

_ (By Mr. DeBlanc) Are you familiar with what is

) know now as the Miranda warning?

A Yes, sir.

Q Did you or someone else give him that warning?

} a

dyed

on Mr. Piccione. ©

Were, | | | :

” [fol. 482]. MR.- PICCIONE: Your Honor, I object to

the continued nature of the Jeading questions. In fact the

<< uestion asked a legal question and’ I don’t believe

: E COURT: I think possibly you’ re right” on fom, <

You may ask him what he did-in: that - connection. Cee

Q . (By Mr. DeBlanc) What did you dé in connection -.

with what is now known-as the Miranda warning? .

_ MR. PICOIONE::* Your Honor. I don’t think- that the

- yitness has-been established as knowing what the Miranda

warning .is, and whether he does or not would not neces-

sarily have.any relevancy as to what he did on the occa-

sion on taking the‘statement.

Q (By Mr. DeBlanc) .Are’ you familiar with the Mi-

randa case, the warning?.

A Yes, sir. . 3 7

Q - Now, what did you tell him, if anything?

-. A&A I advised him he-had the right to remain silent, -

: ae. anything he-said could be used against. him in court,

that he was entitled’ to anpattorney, and if he couldn't -

afford an attorney one would be offered to him, and’also

a ala had the _ to Stes talking at any time he felt _

t. eke i *

~ . And I‘also reached over my desk, I had a little type- og

writer table, I handed him the phone personally over, my

desk for him to use the phone and he said he didn’t want

. to ‘use it,”

Q In other wore, you gave him a chaos to pare a

phone call. as

A> Yes, air: X77

i Q Now, tell the Court just exietiy wikad were the facts |

ae upon ‘which, withaut telling us what the statement is, the

[fol. 433] facts upon which led up to your “getting this.

statement from him. - 7

A I asked him what happened in the park ana he ex- —

it t6 me, what took place in Girard Park. ; _

fi oe :

cused? - |

A Yes, sir. ae :

Q And he told | you what happened in the park? :

A. Ye, sir. a ‘

° a

Es ‘ s

oO -, * \ oe

” co

nf gt o

_ <Q > Then how did you an it. down?’ 3 )

+ A At first 1 was 0a it down, hand writing it on Cobee,

a piece of paper : a ;

| Q And where. were -you getting the information. to fi,

write? : | be

A ‘From Alexander. sere is 2) le

“Q He gave you the information? : mae fe ie

. Yes, sir, : sa

Q And after you got it written down with a peneil, nde

- what did you do? \ e,

A. I told him that I was geing ‘i type it on the type- 4

(Writer: He'said, “All right”. And after I finished typing ...- |.

it I read it to him, and after I read. it to him I handed it —_/

* to him and he looked at it for a while ~— he =“q “That’s

exactly what ha 5 ee

Q And he didn’t sign it? 3 a as

A No, sir. - ae Rare

Q.. ‘Did he say why he sresddett, gs it? : '

A He asked me where his shoes were and I fpid him

| didn’t know., He asked me again, I said, “I don’t know”.

., He said, “I’m not ‘signing anything | until 1 get my shoes”,

andche threw the pencil down. ,

- MR: DeBLANC: We're tendering the witnéss. to de-

- termine whether or not the statement which the man is . :

'[fol. 484] -alleged to have given is true and votuntary : and aie

_ whether it complied with ‘the constitution. | ha; 3

CROSS. } EXAMINATION

BY MR. PICCIONE:

Q: Captain; where did this take place? .

. A inthe detetive'sofe, my fie, at the City Police

Q On Pierce Street? oo ie wae eS ih

A Yes, sir. : nie R : 6

QQ What time of day was that? _ ie Se ra 21 git

_ A. About two thirty a.m. in the morning. ws get

Q Well, nova you asked him some questions? ee

A I asked him what took place in the park. i iy ergs

- $* ‘You were oe you? ee

Eek enanaennars

{

A ‘Not at , fist I asked him what happened and he

told me. . |

‘You were questioning him? |

I asked. him what happened in Girard Park

EB say, were you.asking himequestions? . °°

The only question I asked him was that.

- Now, he had his handcuffs on? .

No, sir. |

He didn’t have his handcuffs on?

No, sir. -

Was he under arrest? |

Yes, sir.

He was in custody, wasn’t he?

Yes, sir.

Did you sit him down in that room?

Yes, sir. . .

| fol. 485) Q ‘You sat down? -

A Yes,. sir. ;

‘Q Now, do you eeeiber when one of the other offi-

cers bro t in coffee? er

A No, sir : ae 7

Q You don’t remember one of the other officers bring-

ing in coffee?

A_ No, sir. . |

Q Well, do you remember that after one officer did

-- bring in something that they left and only you and Claude

Alexander were in - room alone?

A No, sir

Q Do you deny that you and Claude Menades were

‘in the room alone when these questions and answers were .

given, if. any answers?

A’ Yes, sir. - 2

9 You deny that?

Yes, ‘sir.

8. Do you deny that for most of the time the pret:

officers were not anywhere near that room, they were out-

side that room? — ;

A Yes, sir. - -_. ee

Q You deny.that? ~~. oe

Q Is it not-a . fait ‘that Claude Alexander told you he -

~ wanted to call his mother?

o No, sir. . be

Q And you failed. to let him do sot. - : |

A No, sir. I handed him the phone, sir.

You deny that you did not let*him call his mother? ~~

[fol. 436] A- He did not ask to call his mother.

And you say that’ Claude Alexander said, “That’s

| what happened”, but he yet refused to sign the paper

that you drew up. Is that right, sir?

A Yes, sir. ~

Q He«agreed to it but he didn’t agree to it. Is that

‘ — sir?

He did not sign it, sir.

He didn’t sign it.

No, sir,

You signed it.

Yes, sir. | |

And you so stated on your typewritten v version that |

OpOPpop

he refused to.sign it.

A Yes,. sir.

Q You asked him to Sign. it?

-A- Yes, sir.

Q And he refused. Is that right?

A I handed him the pen and he started to sign it. .

| He said, “I want my shoes”. I said, “I don’t know where

your shoes are”. He asked me again and I said; “I don’t

know where your.shoes are”. Then he said, “I’m not sign-

ing anything until I get my - shoes”, and he threw the pen

down. d I advised him that he didn’t have to. sign it.

Q ink back very carefully. When you showed him

this statement, did he tell you. this was not - statement,

it was your statement? _ . .

A Ne, sir.

Q. And for that reason he refused to sign it.

A’ No, Sir.

[fol. 487] Q Now, what was’ the first’ question you

asked him? .

A I asked him what happened in the park, in Girard

Park.

i ace

Q All right. . Now, how - long | fter that did you give

him’ any warning?

A’ I gave him the warnings belre I talked to him.

What was the first question™fyou asked him?

A The first question? —

Yes, sir.

A I told him—I advised him@f his rights, bien I

asked him what took place in Giragl Park. -

‘tell him he

ing any ee

A Yes, sir. |

Q Now, you ‘told him that?

A Yes, sir. ;

Q Now, think very carefully on nr one. Did you

tell him that if he couldn’t afford; if he didn’t have the

- money, and couldn’t afford to hire a lawyer that the Court «

,had to discuss it ..

would appoint one for him before he

and that lawyer could be present before you could ques-

. tion him and he wouldn’t have to answer anything? |

A ‘T advised him that if he couldn’t afford an attorney

that one would. be brought for him.

Q_ Did you tell a Yarn

A, Yes, sir. |

Q You say that’ under oath, Captain?

A - Yes, sir.

Now, ae pe Picard, think vey carefully. Did you .

ad a right to consult a y stornty before giv-

Q Yoii’re not just saying that to try to eet this cons, _

fession in, are you?

[fol. 488] A- No, Sir; no,.sir.

Q_ It’s not a desperation at the last minute ta quality

a confession that’s rotten from the beginning? -

: <A. No, sir.

. Q You know that Miranda case pretty well, don’t

you?’

A [I’ve heard it pretty. much, yes, . sir

Q You've studied it? — —

AI read about it. -_ |

Q , You studied it since you. took that statement?

A.’I heard about it before the statement. -

-Q Who had this sheet for a voluntary statement

printed? aa you have it. aoedr

ins

A No, sir, the Lafayette Police. Department.

o worded the statement?

A fayette Police Department I presume. -

: Are those the words printed on there that you read

to Claude Alexander? « ~

A -I did not read him the ‘vords on the statement, sir. _

-Q_ Did you tell him words to that effect?

A I advised him df his rights.

Q ‘Did-you tell him words to the efi of this state- _

ment? |

A. ; Yes, sir.

Q | Is that iat you went by, the words. on this state-

‘ "ment?

A, No, sir

Q. You didn’t use this to refresh your memory? o:

‘A No, sir.

_ Q Do the words on this statement say anything about

him being advised that if he did not have the money to .

hire a. lawyer one would be a ‘for him by the

State?

A .No, sir. a |

[fol. 439] Q It doesti't say that, does it? | \

A No, sir. . “

Q But you say you said it.

A. I said it, yes, sir. '

Q Is it not a fact that in asking these qu ions. you

were leading him all the time saying ‘

way”, “didn’t you meet so and so”, “didn’t you meet Allen

Breaux”’,*“didn’t you all go in the. park”, “di

see the boy and the girl”, “didn’t you all say let's get

them”, “didn’t you all have relations with aa irl”. Isn’t

that the ‘way it was?

A No, sir.. | :

Q And when Claude — wouldn't: answer, . did

you put down in substance the question as though he had |

affirmed it? . |

A No, sir. x

Q . As though he ‘had approved your. question?

A No, sir.

Q Isn’t it a fact that the facts were contained i in your

questions, not in his answers? S

A No, sir.

- Q Now, Captain, is it-not'a fact that 3 you repeatedly

asked Claude Alexander: if he had not raped the girl?

You did that morgphan one time, you remember that?

A No,sir, .

Q You deny that you askéd him several times did he

rape the girl? =

A No, sir. *. |

Q : - Did he not answer you repeatedly that he did not

rape the girl? | a,

‘A He never did’ state that he raped her. |

He didn’t. say that he did?

[fol. 440] A. No, sir.

Q Well, did he say he had intercourse with her? .

‘A. He said he was about to” .

Q Now my question is this, did he’ not repeatedly

say—

THE COURT: Excuse me, Mr. Pistons. I don’t mean’ .

to cut you, but just for clarification, it seems that this

hearing at: this time is restricted—let me put it this -way.

_Let me ask both of your opinions. Is it encumbent upon

the Court at this time to be appraised of what thé state-

_ mepit was.or what its content was?: It’s my impression

that-we’re here now for the purpose of determining

whether or not this accused was given thé proper warn-

. ing as illust in the Miranda case prior to any staty-

ment that-he made.

I think what this Court will be called upon to do is

to determine whether or not the statement, exculpatory |

.or inculpatory or oral or written, confession, was given .

“freely and ‘voluntary and under the warnings as indi- ~~

cated‘ by the United States Supreme Court. I doubt

whether or not this Court wants to hear what the state

ment was or the methods of interrogation | at this time.

(Argument. off the record.)

THE COURT: Miranda says nothing except that in-

terrogation—and Miranda presupposes that interrogation

cannot commence until such time as the proper ‘warnings, - ,

three or four or five steps ahead of it, are given.

Kaceaine that I would allow this to go before the jury, |

I’m not indicating one way .or the other, I want to hear

everything including the accused on this, then I think —

you can go into every facet of it before the jury. This

Court is only interested.in knowing whether or not this

{fol.441] man was assured of his constitutional =

under Miranda.

| (Argument off the record.)

Q. (By Mr. Piccione) | Capt. Picard, what kind of a

chair was Alexander sitting in when you questioned him?

A chair with a padded back.

And you. were in the chair opposite him?

Yes, sir, across the desk. -

And where was Sidne Broussard sitting?

Sidney was—it would be to my ‘Tight: .

Was he standing up or sitting? —

He was sitting. And Navarre would be. to my + left.

He.had his pistol on?

Yes, sir. .

You had your pintol—o

I couldn’t answer that, sir. He was in plain clothes.

Was Officer Navarre there? :

Officer- Navarre was there.

Was he standing up or sitting down?.

He was sitting down at one time and he stood up. .

How ‘close was he to Alexander?

Oh,. the chair next.

He had his pistol on?

Yes, sir.

Now, were there any friends. of Claude Alexander

in that room at that time?

A Sidney Broussard had his pistol on too. :

Q Were any friends of Claude mane in that room

Gy + fe

Ororerorororerorarert.

7 at that time?

A Nb, sir. :

. So everybody i in there v were hostile towards him. Is

[fol. 442] that right? 3

MR. DeBLANC: . We object to that, Your. Honor.

( argyeess off the ——?

pate eenmenibagee Guay —

. ts" a a .

. : : . + Tey

78 3

. ° 5 : ° 3 .

° ‘e

| (By Mr. Piccione) Capt. Picard, you said that you

told him something about his right to remain silentr

‘A Yes, sir. -

.Q__And did: he remain quiet and gave you no answer ~~

‘when you told hint that?——. tec -

A Not during that saying, no, sir, va

“Q In other words, he didn’t say anything. You did

the talking, didn’t you? :

A After I advised him of his rights I aia. “What

happéned in the park?”, and he told me.

Q In other words, you were advising him of his rights

and telling him everything and he made no response. Is

that right, sir?

.A- After I advised him of his rights I asked him what

‘happened in the park and he told me. .

Q Right. In other words, the first thing-he started to

say was.when he began to tell you what happened in the

park. Is that correct? 7 |

A He started from the beginning, yes, sir.

Q All right, sir. In other words, -the first thing he

said was wher he started from the beginning of what

happened in the park. Is that-correct, sir?

A No, sir— _ |

Q So that at no time ‘did you get an answer from him

on any election by: him or any decision by him of whether

he would freely talk. Is that right?

A When I asked him what. oo in the park—

[fol. 443] Q He started telling y .

A Yes, sir. | )

. But he. didn’t tell you that yes, he would agree to

talk, did he? |

A No, he just started talking. ,

Q All right; sir. And is it also correct that he just

“started talking about what happened in the woods and he

‘never. did respond to what you said about his rights to

have a lawyer? He didn’t say anything to the effect,

- “Well, I'll do without.a lawyer. Whether or not I can.

‘afford: one or whether the State will Ss aod one for: me

T’ll do without one”.

A. He didn’t ask for an n attorney. : 4

Q He just kent 5 silent. Is that. right, sir? ; -

A He kept silent until he told me what happened in

- the park, .

Q And as far ax you could tell, do. you viene knoe

that he really heard : and concentrated and understood

what you said im about his right to counsel and if he

couldn’t afford Whe because he was an indigent that _

would have one cimbitted by the State? .

A. I don’t know what his thinking was. . |

— Q. In other words, he didn’t express his thinking, did

he?

A Not to my knowledge.

_ Q He said nothing to show you the wats of his mind |

in response to your warnings until he began to say what

occurred in the park, isn’t that right, sir? -

A No, sir.

MR. PICCIONE: - I'll rest on that, Your Honor. :

THE COURT: Does the — have any redirect on

that subject? ,

(fol. 444]

. BY MR. DeBLANC:

Q Have you had—did you take any kind of teethiad

insofar as knowing how to to conduct sk ei aditataiet are

concerned? ;

A. We had schotling: yes, sir. . OO

Q. What. school have you been to? -

A’ We had a few classes in the Inservice Training,

and we went to Baton Rouge Police Department three

days on investigation and in ‘New. Orleans, the Police

Department.

Q Were some of the — relative to interrogation

of a— :

_.- A We had some schooling. as

__Q And what were some of the things they told you at

those classes insofar. as correct interrogation of suspects

were concerned?

A First of all expressing the right—you have to eid 7

the person arrested of his a _*

REDIRECT EXAMINATION

- 3 . .

. Q What did they tell you ‘you had. to. do? What —

rights— ©

A To remain silent—the last schooling I went to was.

. about ten years ago.

Q Well, have you had occasion to ‘discuss the matter

of correct interrogation: of suspects since that time? -

A Only of what we read in the books, sir,

_- Q Have you had occasion“to read in the books about

Aorrect interrogation to comply with Supreme Court deci-

~ gions?

A The Miranda case and the Escobeda.

Q You're familiar with that, the peguirenien!

A Yes, sir, ~

Q And have you haqd occasion to go to any monthly’

meetings of an organization known as the Fifteenth Ju-

(fol. 445] dicial District Peace Officer — and.

heard lectures on ‘that?

+A I didn’t make that, sir.

Q You didn’t make that? —

: No, sir.

Q Now after you gave him what ‘you said was the

correct warning of his rights, then. what did he say inso-

far as understanding what he said? —

| MR. PICCIONE: Your Honor, I object to that Decause-

_ the already testified that he didn’t say anything until ‘he

_ started talking about what: happened i in the park.

THE COURT: «He’s under redirect. I'll overrule the

objection. The Court wants to get to the bottom of it.

- - @Q (By Mr. DeBlanc). When. you told him that, what

“did you do then? Did you stop a while?- What did he do?

A sw After I. told him of his rights I lSoked at him and

I said, “What happened in the park?”, —that’s after I

_ handed ‘him the phone to use the phone. |

But before you asked him what. happened in the

you told him—you. gave him: the warning— .

MR. PICCIONE: I object to the leading question,

“Your Honor. ;

THE CQURT: Tn sustgin that. .

Q (By Mr. DeBlanc) At the time that you ‘eaked

Mie Wit Seopeenned ia"the park; when in reapect to thet

ee :

A Just before I’ advised him of his sdigias te

‘Q. What did he say when you offered him the ‘phone?

A He said he didn’t want to use it. .

Q Did you offer him. the phone. before you started

‘questioning him?

[fol 446] A’ I.asked him if he wanted to use it.

Q Before you started questioning him?

A Yes, sir. . :

Q Did he seem to understand what. you were saying

. when you. advised him of his rights?

.\ MR. PICCIONE:' I object to that, Your Honor, asto

what the accused understood.

THE COURT: You may state what your observation

was),

Q> (By Mr. DeBlanc) Did om: appear to understand

what you said? ~~ | : 8

A To me-he did, sir.

MR. DeBLANC: We tender the witness:.

_RECROSS EXAMINATION

BY MR. PICCIONE: -

-Q When -you said “to you”; in other ‘words you're

acknowledging that -that’s your opinion. Is that rigtit?

A It struck-me that the tunderstood what I was telling

him. |

-Q- That’s your opinion. |

A Yes, sir. | .

Q Now, Capt. Picard, I reer you that you-are an

_ ‘officer of the law and the first type of person that should -

respect that law and I remind you that you’re under oath

and I.as you to think on this question. Did ~—

you on that occasion before you : 3

‘[fol! 448]

? . .? 6 . P .

[fol. 447] A No, sir. *

Q Now, you’ ve thought about that?

A Yes, sir. : | » 2 Tas

-Q. And you. Geny that? de ee e |

A Yes, sir.. :

MR. PICCIONE; No further questions, Your Honor.

MR..DeBLANC: That’s all. — |

(Witness excused)

THE COURT: Gentlemen, it’s 12: 00 o dock.” Would

you all agree rather then bring the jury back Just to

‘have. the Bailiff—

MR. ‘PICCIONE: :No objection. : =. 3°

THE COURT:: All right. . We'll recess until 1:30.

(Thereupon ‘a recess was taken until q ad o'clock

~ipm, of the same day.) | ; : -

- AFTER RECESS. 7 : =

(The trial reconveried at 1: :30 delock p. m. » Pursuant

‘to the taking of recess.) _ ius

(Informal discussion off ‘the record: )

MR. PICCIONE: ‘We'd like to add to our - ejection of.

the pro-offered confession under which we are now getting

~ the preliminaries this additional ground for our objection,

Your Honor, that the State gave me written notice before.

the commencement of the trial and before the State’s open- |

_ ing’ statement that it intended to use a confession and ~

- reveived this notice of their intention. —

The‘State put its case on the stand, the State did not

endeavor to bring in the oral:statement. now sought to be

_ introduced: in evidence by way of cross examination ‘of |

_ the accused..

‘The State ‘rested its case without having made any —

mention of that statement that I was notified of an intent

to be used by the State.» The State rested is caSe without —

/ ever: even trying to-get it in and I object further on the.

* ground thatit n now comes oe late, as well as the previous. =~

grounds.

; (Argument off the sails

° “ . ; . e

+ .

‘THE COURT: Let the objectib n ‘* noted. Of course

‘the outcome of that objection would depend of course lipon

whether or not the Court allows reference to the state-

thent or introduction of the onan r both; either. by

It would appear to-me however, assuming that the state-

ment would be admitted,. assuming. ‘that it would be, it

way of direct testimony’or by, way. of cross examination.

would seem to me that if it is legel, and the Court is by no-” eS

Means saying that at this time because the,Court hasn’t . ~

heard all the evidence on it, but it would sed to me that"

‘[fol. 449] the State would have the right to use it on the

cross examination of the accused inasmuch as the accused

has taken the stand.

So that would be my impression_ at this time. How:

- ever, gentlemen, it all depends of course upon what the

ruling of the Court is as to its admissibility in the first:

‘place. .

MR. DeBLANC: The State 1 now calls to the stand Sid-

ney Broussard, Officer —— Broussard. ‘

—a , ee A ; - G

SIDNEY JOSEPH BROUSSARD, JR.

‘was recalled as a witness, ‘and having previously been...

| sworn, was examined and testified further as follows:

- DIRECT EXAMINATION

BY MR. DeBLANC: Sear GN

Q Officer Broussard, do you ‘now the accused Claude oar

Alexander? ae

A: Yes, sir,.I kind him. -

Q You see him in court? ;

ge A Yes, sir. | Bad

hora Q Point him out to the Court, please. -.

as A Right next to Mr. Piccione.

Q ‘Now, did you have occasion to see Claude Aiainiler :

at the police station on the early morning hours of Sep-.

tember the 4th last year? i ;

A Yes,I did

Q’ ‘Where was _ at the — station?

84.

A In the detective room: He was in the room with

Capt. Picard. .

-Q Would you describe that, room, what it looks like?

The width, the length and all that...

[fol. 450] A’ Oh, it would be approximately, Td say,

twelve by fourteen probably.

Q What is it used -for? e

A For interrogation purposes. It’s used by the de-

tective division.

~ QQ Is that peaaaheds's office?

A Right. .It’s Capt. Picard’s.

~@Q That’s Capt. Picard’s personal office? .

“Well, his division, detective division office.

Is there a desk in that office? —

Right.

Who uses that office regularly?

Capt. Picard. .

And where’s this police station located?. -

Off of—on South Pierce Street. :

What floor is that 6n? -

‘ First floor.

it’s a one story building?

Yes, sir. .

this connected with the jal’ there?

it’s not. ~

il around there? »

-No, sir. °-

| What’s in, that building gain this office here?

: Well, :we have the radio room, ID room, ‘men’s and

ladies’ restroom, Chief of Police’s office, Inspector’s office,

-a small traffic’ department office, the kitchen, a lounge you

can say, where we drink coffee; a coffee room. . .

_Q It’s more or less of an office building. Is that right? .

” * [fol. 451] Q. Is that: room smaller or larger than the’

‘rest of the offices? 3

A I wouldn’t say it’s any smaller than the sent. It’s

SERDAR

& - about the same as most of-the rooms.

Q What kind of furniture do you ae in there?

A Well, we have approximately two. chairs, a desk- and

—-€ chair behind: the Genk.

" ,

—.Q Now, who was in there when you saw Claude Alex- 3

ander?.

- A Capt. Picard. | ;

Q Could you al about abe time that. was? :

' A I'd say approximately two thirty. <a

Q Now, could you describe the accused, how did |

look, how was he dressed? Could you? 3 |

A Well, he was dressed in a white Tshirt, a dirty

white T shirt, and a pair of brawn pants when I seen him. |

~ Q Now, did.you hear any conversation between him

and Capt. Picard?’

-_ A LT -heard Capt. Picard: advise him of his rights. |

Well, how did he advise him of his’ Fights? What

. did he tell "him? :

A Well, .he. advised Claude Alexander that he had to

understand his rights, that his rights were—he had the.

right to remain silent, that anything said against him

could be used in court, he had a right to an attorney, if

he didn’t have an attorney one would be appointed to him,

_ and he had the right to make a phone call, and also he. had

the right to—if_ he would answer questions, he had the

Q. Well, you heard him say. that to Alexander?

A Correct.

| on Q What did Alexander say, if anything, to

this? °:

| A He didn’t answer out loud, orally. He sort - of

nodded his -head.,: —

~~... Q And do you know if you or anyone ‘idee in your

' > presence promised him anything. to make him her the

statement he’s supposed to have given?

A No, sir. Le)

~Q Did you or anyone ‘ives in you presence intimidate

him in any way to cause him togive that statement?

A No, sir, we didn’t. _

-Q Did you or anyone else place him-in‘fear of duress—

MR. PICCIONE: Objected to, Your Honor, as.edntain:

ing conclusions. He can ask the witness what. was done

and what happened. —

.. THE COURT: I think I ruled on that, this morning

er a similar objection: I indicated that the State had a _

Tight to qualify the witnesses under. the = ane

MR. PICCIONE: Your Honor, my objection is that

the questions are.containing conclusions and that the facts

ought to be there before the conclusion .is there. 7

-. '* "THE COURT: I'll overrule your objection.

MR. PICCIONE: I'd like to reserve a bill on that,

Your Honor. —

THE COURT: Let a bill be reserved.

MR. DeBLANC: Read the question to him.

(The pending question was sae mia the Reporter as

‘. above recorded. )

THE- WITNESS: No, sir, we didn’t.

~ Q (By Mr. DeBlanc) Let me finish the question. ‘Dia

you or anyone else place him in fear of duress to cause

(fol. 453] him to give you the statement he gave’ ‘to Capt.

Picard? =

A’ No, sir.

Q: Did. you | or anyone else menace him or tirexten him

in any: way to make him give that statement?

‘MR. PICCIONE: Same objection, Your Honor.

THE COURT: Same ruling, and let a bill be reserved.

THE WITNESS: No, sir. .

Q. (By Mr- DeBlanc) ~Did you or anyone else subject.

him to any treatment designed by effect on body or mind to

compel a confession? :

MR. PICCIONE: Same objection, Your Honor..

“THE COURT: - Same ruling, and let a bill be reserved. °

_ THE WITNESS: No, sir.

°“Q (By Mr. DeBlanc) This statement that you say hie .

gave, you said he gave a statement to Capt. Picard, that

statement was then a free and voluntary statement? a

MR. PICCIONE: Same objection, Your Honor. That’s

a conclusion ‘that the Court has to make and it’s con-

tained in a question that is leading.

THE COURT: [ll overrule the objection.

- MR. PICCIONE: I reserve my. bill.

THE COURT: Let a bill be reserved.

THE WITNESS: Yes, it was. ae

Q (By Mr. DeBlanc) Now when you got there, what

was going on insofar as the conversation notween Capt.

Picard and ‘Claude Alexander? .

87 ‘

A: None. that I remember. In other words, when I

.- walked into the room Capt. Picard was just sitting down

in his chair. .

Q They’ weren’t talking to each other?

‘A Not that I recall.

fol. 454] Q . Okay. Now, then what was the first thing

you heard Capt. Picard say insofar as = conversation

this man?

A The first thing he said? |

- How did this start off? = &

| Well, Capt. Picard stated that he had t to understand .

. his\rights and he proceeded to advise him ofvhis rights.

' @ All right. Now after that and after he nodded,

:what happened then? . :

_ A\ Capt. Picard dsked him what happened in the park.

Q \ And did he answer that question? :

A Yes, sir, he did.

Q d was- “it then that he gave the statement that

he gaye? _

A rrect. |

_ Q Now, were you there for the entire statement or

part of it?

A Iwas there for the exitire statement.

Q Was anyone else there while he was giving that

‘statement? “ ‘

A Not that I recall, not the entire statement! I re

"member some officers walking. in and out. ‘I mean, the

door opening. ;

Q - Now, we heard you say that he told him that he was

entitled to make a ph phone call. Did he make a phone call?

A No, sir. He ‘sai he didn’t want to mane a s phone

call.

Q “Well, how was it offered to him? er |

A Capt. Picard advised him that he had a ‘right to

- make a phone call and Capt. Picard picked up the phone

‘and pushed it across the desk and Claude Alexander

said that he didn’t want té make a phone call. 3

‘ Q Now the statement that he made, that.you say he |

made, was it a written or oral statement? |

[fol. 455] A An oral statement.

Q Was it reduced to writing?

Yes, sir.. |

Who reduced it to writing?

Capt. Picard.

How?

While he was giving the statement, shé took down

In longhahd with a pencil?

Correct, and then he. typed it up.

Who typed it up? .

Capt. Picard did, sir: os.

And after he typed it up, what- did “f do with it?

‘He read it out loud to Claude Alexander.

| And then after he read it out loud to Alexander,

what did he do?. ~- ;

A He offered the statement to Claude Alexander .

have him sign it. — - )

_Q. Well, what did Alexander do? |

A He said that being that we couldn’t give him his

shoes he wouldn’t sign the statement..

Q Did Alexander indicate to you that he understood

a :

Pita aan

. What Capt. Picard told him concerning his rights? .

MR. PICCIONE: I object to that as being leading, |

_: Your Honor, and— - oO

THE COURT: I'll sustain that objection.

(By Mr: DeBlanc) Well, after he explained his

rights, did Alexander say anything or do anything?

A After his rights were explained, the only thing—he

didn’t say anything. He just nodded his head. |

MR. eccrmaens We tender the witness.

[fol. 456] CROSS EXAMINATION

_ BY MR. PICCIONE:

” Mr. Broussard, you’ remember that. night that you

had hit this man on the head with your gun?

A. No, sir.

- Q You don’t remember that?

A No, sir.

.: Do you know how he , Bot the Seika on his left |

eye |

A Not that I a of. |

Q Ob, you mean you dda se the blackeye on his

left'eye? -

A No, sir, I didn’t notice.

Q You didn’t know about that?

A. No, sir, |

Q You did drop your gun on the —— didn’t you, ‘

sir?

A Correct. -

Q And that was when you were in first contact: with

this man, isn’t. it? .

A No, sir. |

_ Q This was not when you came in contact with. him?

A No, sir. . I hadn’t touched him at any time I

' dropped the gun. _

~.Q You dropped your gun before you. came in contact

with him?

"A. T dropped my gun after T had placed him under

_ arrest and he was lying face down.. | ~

-_ Q Now, you’ve attempted to state what Capt. Picard.

' said to Claude Alexander. Now, let me see if I can help

_ you to refresh your memory and I remind. you that you’re

under oath and you’re an officer of the law and if anybody

[fol. 457] respects the law it ought to be officers of the law..

_ *° MR. DeBLANC: I don’t think that that’s necessary, |

\ Your Honor. has er Les,

(Argument off the record.)

\ ips COURT: I think the objection is good, Mr. Pic-

[ll sustain it. - —

wee Mr. Piccione) Is it not a fact that. Capt.

Shirley Picard at no time said to this man that if he was

- poor and could not afford a lawyer that the State would

appoint one for him?

A You're asking me if Capt. Picard did say that?

eat I’m asking you is it not a fact. that he did not say

at oat

-A ‘No, sir. He advised him of his rights. ‘He had the

_ right to-an attorney, if he could not afford one _ one

would be appointed'to him. -

Q You say those were his words? -

. '

, > 'S

. As Close a8 I can put it.

And Claude didn’t answer, did he? .

_ No, sir. , re

' He didn’t answer. ee &y

No, sir. .- 2

You say.that he told him he could remain silent.

_ That’s correct. —

-. That anything against him could be used. ° ‘That's

what you said, isn’t its ; ’

. A Corréct. - |

Q You mean that be. didn’t tell him then what he

said could be used against him. .— .

A . Pardon: Repeat that. question? 7

Q I understood you to say that anything against: him

could be used. Now, is that correct?

{fol. 458] A Anything said that he said could be used

against him in court. ",

__Q Now, do you want to change your testimony?

' A’ No, sir.

Q Are you ‘correcting yourself now?

A No, sir, I’m not. :

ona In other* words, you’re now saying | that what he

'- A Correct... .

Q And when’ he said that to Clande, Claude didn’t

i answer. | |

He didn’t answer. oe.

He didn’t respond, did he?

He didn’t answer.

And you can’t read his mind, can you, . sir?

And you don’t. believe that Capt. Picard has that

‘kind of power either, do you?

A No, sir.

Q . Now while you were in nie you ‘said you were in

there did you have your pistol on? ;

. Yes, sir, I did.

Capt. Picard had his pistol on?

I don’t recall.

Was anybody else in there?

Not that I remember or know of.

eo a

Boronort.

ee a

- Q Officer Navarre was not there?

' A If he was I didn’t see him. :

“°Q You didn’t see him. ,

"A No, sir. .

‘Just ‘you and Capt. Picard. Is that wieht?

(fol. 459] A. Correct. ee

Q ‘Te tt not a, fect thgt jou Soft the room. mast of the <

. time and Capt. Picard was in that room alone with Claude .

Alexander? Isn’t that correct?

A No, sir, it’s not.

Q You say you were in there for the entire statement.

A Correct. °°

' Q. That's a fact. Just you two and Claude Alexander. :

_ Is that right? ee

A Yes, sir. “2

Q: The ‘door was ised

A The door was closed, yes, sir.

_ _Q And every now. and then some other ‘officer came

. through. Is that right? . ty

A Not that I recall, no, sir.

~ Q You don’t recall that? re

A No, sir. . 7

Q .And-they kept coming in and: out? *

A [I’ve seen the door open several times, yes, sir.

Q And they had their pistols on?

A I couldn’t answer that.

Now, I ask you still to see if your memory will te

. not be refreshed. Do you recall Claude Alexander say-

- ing that he wanted to call his mother? :

A No, sir, I didn’t hear that.

Q You-didn’t hear that? 3 )

A No, sir. . : sy

[fol. 460] -Q ‘You think you heard everything that t took :

« place? ;

A I think so. , Mie

+ There weren’t one, two, three ere talking at one .

time : e

A No, oir, ‘hot that I heard. : .

a’ Do you vac that. when the: Sergeant antsa to

question him he said, “Why don’t a take me to jail so

I can get. some sleep”? ;

No, sir... : “ee

Now, think about that.

I didn’t hear that at all, sir.

Are you trying to remember? |

Yes, sir,

You're trying to remember?

Correct.

-Eororore>

that he wanted some sleep? .

A No, sir, I didn’t.

' Q Did you hear Sgt. Picard after such a statement

say, “Not until you tell me what happened”?

A: No, sir, I didn’t hear that at all.

Q You didn’t hear that?

A’ No, sir.

And you didn’t hear him say in exhausted fashion.

‘Q But all dining this time that Capt. Picard explained . |

to him his riglits, he didn’t ae a word. Isn’t that ‘cor-

~~ rect?

- - A- Correct.

answer, didn’t he? _..

A '.No, sir, not that I’ve heard. :

. (fol. 461] Q I don’t know if I asked you this question.

If I did please overlook it. But when you say that Capt.

Q. And when as ps eee to. question him, he

Picard told him that if he couldn’t hire a lawyer that

one would 3 be furnished ' to ie ‘Claude Alexander didn’t |

answer. | :

A Correct. A S.

‘Q. You didn’t hear 3 a eae hoes him. :

A No, sir. :

Q. Now, want to ask you. .this qpestion. You stated,

a while ago that after this was written out by Capt.

Picard that he, cyan — read it back to Claude |

. Alexander. .

. A. Correct.

Q Now, is that correct?

ao That's seh cae

Q And if Capi. Picard said that he didn’t read it but

rather that he gave it to Claude and Claude read it,. who

would be right or wrong, you or Capt.’ Picard?

-A. Well, you’re asking about my~ statement, sir. To eee

me Capt.’ Picard read the statement.

Q In other words, that’s your recollection. :

‘A’ That’s right. ; je gai :

Q Your recollection then is. that Claude here didn’t

A” That’s right. ee ae

- - Q .Now the statement that you say Capt. Picard

Tread, was it typed or was it written out in longhand? |

‘A It was*typed. ny alias se, ss ie eee

Q Typed by Capt. Picard? ~ oro :

Q Written down by Capt. Picard, words? . | es

Capt. Picard was taking notes. => Son 2S

[fol. 462} 'Q He typed it from his notes. Is that right? .

__Q Now, you didn’t see a recording machine taking _

down: the: questions and answers? | se a ea

A -No, sir, I didn’t. .

department?

Q You all have a recording machine. in the, police

A We)have one, yes. Se re reens

Q You’ve got-about five or six, haven't you?

A Yes, sir. hy ¥ .

ished you all with five or six of them, haven’t they? :

A I know of’ two that.I know of. hones s

Q And you all didn’t use the recording machine for an

important thing nee Getty cae

A Not that I know of. 2 teat es

Q Yes sir. Even though it was available you all -

didn’t use it. Is that right, sir? rE eer

A Not. that I. know of. age eyasg eer ee

‘Q Well, was there a Court Reporter in there? Of all/ .

Q The Captain Improvement: Commission ‘has furn- a

the Court Reporters we have available, did you all have

somebody take down word for word the questions and

answers and who said them?. ees is toy Oe

A No, sir. a eS

iz = ss

Q You didn’t do tat, did you?

|\A No, sir.

-Q - Capt. Picard made notes uae he wrote it out. and

typed it out. Is that right, sir?

-A- Correct.

Now, where are his notes? Do you know where his "

[fol.468] notes are?

A He must have it with him, I guess.

Leeed

You think he’s got his longhand, notes or has he.

- destroyed those? . 4

-. A. I wouldn’t know that. .!

MR. PICCIONE: Your Honor,. I'd like move pa

subpoena: ‘duces tecum for. the longhand notes of Capt.

Picard.

THE COURT: Does the State have any objection?”

MR. DeBLANC: No, we have no objection. | It doesn’t

seem to be a proper procedure.

THK COURT: It’s my impression that the purpose

of this\evidence at this time outside of the presence of

the j is to determine whether or not the accused was

given-and warned of his constitutional. rights and I don’t

think the\content of the statement—

“MR..PICCIONE: Well, Your. Honor, until I see the

. notes I don’t know whether. it may. not contain. something 7

about the warning. I’m interested in the warning.

(Argument off. the record.)

“THE COURT: You want to issue a subpoena or do it

informally?

- MR. PICCIONE: We'll do it or I could pro-

ceed with this witness.

- Q (By Mr. Piccione) Mr. Broussard, | you took the

seo ital, didn't you? gee

_. Q Well, y 1 were at the Lady Of Lourdes. ‘Hospital

while Claude Alexander was at .the police station, isn’t

that right? 3 Be (

A_ I went to the hospital. es

: And when you came back from the hospital, hadn’t

[fol. 464] Capt. Picard already finished at

Sea

Claude Alexander? ~

No, sir, he wasn’t.

He hadn't finished?.

~ You got there at.the beginning. fetal Fey

Correct. ite

THE COURT: | Here’s Capt. Picard. :

jhe Pop

MR. PICCIONE: Captain, have. you got your Len

hand notes, if you took some: longhand ee when .

questioned ‘Claude Alexander?

CAPT. PICARD: No, sir. . aia *

MR. PICCIONE: Where is that? eae

CAPT. PICARD: I threw them sivas, the ag

MR. PICCIONE: -You.threw them away. I'd. like for

the record to show that. .

THE COURT: ’ All right, you may retire.

(At this time Capt. ‘Picard retires ‘from ” court-

room. )

EXAMINATION (COND. )

BY MR. PICCIONE: ,

Q And when as you say Capt: Picard read the type-

_ written statement, did the accused respond in any way? H

-Did Alexander say anything? |

A ‘He answered “that’s what happened”.

Q . He answered “that’s what happened”.

-A Correct.: -

“Q And what was his position at that time? Was his : :

head up high or was he leaning down—

He hadn't started, = 0 en,

THE COURT: Mr. Piccione, I thought .we had agreed

that we were going to restrict this to the quéstion of .

' whether he was warned or not warned and whether he

-. Waived or did not waive—_

~ .. [fol. 465] “MR. PICCIONE:. You ‘don’t think, his hye. 85

ical and mental condition has to do. ‘with whether or not -

he—

you to. proceed.

Q (By Mr. Piccione) Well, what was his position?

A He was _— down.

“THE COURT: Well, if that’s the purpose FI allow

He was sitting down in’ a chair?

. A Correct. |;

-Q Were his eyes opened?

- A That’s_right. -

Q And did he sign ‘the dalenankt

‘A’ No, sir, he didn’t.

- Q He refused to sign the statement.

A Correct. . —*

Q. And that. impressed you ‘as being an agreement xe

at the’ statement. was true and. correct,” Is. that — .%

A Pardon?

-.. Q By him refusing to -sigty the sahil that: im-

-. pressed you as his- agreement . that » the statement was

; Ee true ‘and correct.

“A No, ‘sir, not, to my opinion. < ,

Well; in your opinion his not stnithe it indicated

that he didn’t agree with it. Isn’t that ~ 9g ed

' A He didn’t say he didn’t agree with it.

Q But he didn’t sign it. Saar

A He didn’t sign it. ies

. - 'Q In fact, he refused to sign it.

_ A Correct.

<Q > Did you all’ then after. the ‘statement take hie. to

. jail so he could sleep?

A No, sir. After he refused to, sign. it he left the

fol. 466) room with.an‘officer. He went to the ID room. —

Took a picture of him then?

T think so. P'm not sure. ;

‘Took his clothes? . |

I couldn’t answer that. I‘wasn’t iat :

How long..was he in that room being ett. 7

I wouldn’t know, ‘sir

You don’t have any idea? ,

You want an approximate answer?

Well, give me the best! you can. sae s

‘Td. say approximately... thirty, possibly forty-five

minutes. |

; 2 And how long had he been in that room before

~~ sartey questioning. him?

POBO a Soh :

A. 1 cihdn't: sneer: He wan. alrgedy. tx’ the comm

-when I entered the room myself. |

Q He had been under arrest more than an hour,

. » hadn’t he?

ee wouldn’t know, sir. 3

MR. PICCIONE: That's | all, Your Homer, :

MR.. DeB IC:.: No further — Well, ag ;

one more - question. - oe

“REDIRECT EXAMINATION

‘BY MR. DeBLANG:

Q About what time was that shout ‘when you got

& through with : the examination?

A I'd. say. approximately’, 8:00, 3: 15; -gsomewheres. .

around that time. —

RECROSS EXAMINATION -

BY MR, PICCIONE:

-; @> Mie: Broussard, = you ask Claude Alexander : any -

questions? «si;

(fol. 467] A No, te. I didn’t ask him any questions.

Q How about at the scene when you first arrested

‘him, did you ask him any: questions?

“A No, sir. : ee

MR. PICCIONE: That's all; Your Honor.

(Witness excused) _ :

MR. DeBLANC: The State will | all Officer Anthony

' Navarre. “ . :

ee, a :

gp treo _ ANTHONY NAVARRE -

‘wei teeilied ts a. witness, and having siuioaie. been

sworn, was examined and testified further as follows: ;

DIRECT =a sesaeratganita

' BY MR. DeBLANC:

Will : you state your name, please.

Anthony Navarre.

pe you are a City Police Officer?

. How long have you been so employed?

Since November of 1964.

e you know: Claude Alexander? |

do. 7

Do you see him in court?

Ido .

Would you point him out .to the Court? *

Sitting to the right of Mr. 'Piccione.

Did you have occasion: to see him during the early

_ morning hours of September the 4th, 1967 at the aus

station, Lafayette Police’ Station? - ,

' [fol. 468], Q Where was that?

A In ‘aptain—in. the detective office.

Q Whose office js that?. .

A: Capt. Shirley Picard. ° : 7

_ _.Q > Wauld yoy describe that office for the Court? How

| big was. it and what’s in there? .. .

A Well, there’s a desk, a filing cabinet,-also a cabinet

with a glass type in front, three chairs and the desk

ore om >O aamis >O

behind the chair and two doors.

Q Two doors? — are

A Right. -

-Q ie who was there besides Alexander on that -

Capt. Picard and Sidney Broussard. )

Q About what time; of the morning was that?

-A. I could not guess. J did not look at my: watch. a:

could not say what time it was.

~~ Q Did. you hear a conversation between the accused

oat game and a Picard? |

‘Q Well, could you state whether or not during . that

" convention Claude Alexander — a statement of some

kind to Capt. Picard? shane :

A He did. . -

Q Now that statement that you say he made, did : you

or anyone else in your presence promise Claude Alex- -

ander anything to induce him to make the statement you :

say he made? :

MR: PICCIONE: Your Honor, because of the very

serious burden that is upon the State under the think-

ing of Miranda -vs- Arizona, I want to make my objec-

tion very clear as to why I object to this question as a

leading question. Bécause the burder is upon the Sta

[fol. 469] to prove it and there is no other witness

biased, there’s no other witness ag _the accused

against the three policemen present, they ought: not

_ be asked leading questions. The answ a ond not

put in their mouth by suggestion and I urgently

sincerely. urge this as an objection that to

merits of this question, that: the facts of this. ought. to

come from the mouth of the witness as to what was done,

what was said, who said it, was there an er,

an answer, who

‘answered, what did he answer; what was said, not did

somebody force ‘him, did somebody deuiien ten him, did .

someone intimidate him. That requires ‘an interpreta-.

tion, it requires an opinion. I think. it’s ob objectionable.

‘. THE COURT: Well, I think that we are faced: with

a situation that goes beyond the norm insofar as evi-

dence is concerned’ in view of the -fact that this “is a .

Although the Court. sees’ your point ia ahs and ..

; I’ can’t “say that the Court thinks you're completely

. wrong, however, I think that the procedure that’s being

* employed by the State 5 is all right. So I'll overrule your

‘objection. :

_ MR. PICCIONE; Your Honor, Ta likesto reserve my

‘bill of exception on that, and I e a part of it the

question containing a conclusion, —— for an option,

as being incompetent and leading and objectionable in

ee ae

100 |

THE COURT: Of course'I think a lot of. these ad-

jectives are conclusions. The Court will agree with that.

But the Court knows of no other way it can draw a con-

clusion. The only. ‘thing that this Court is.interested in ,

‘at this time is whether this statement, regardless of

(fol. 470] what. its format is, whether it’s free and vol-

untary and whether or not the accused was warned of _

his constitutional rights as illustrated -by Escobeda,

Miranda and the other cases.

‘MR. DeBLANC: Could you read the question back

to him, please. _.. .,

(Thereupon the sities question. was read ew the

Reporter as above recorded.)

THE WITNESS: I did not, nor did anyone. ii

my presence.

Q: (By Mr.-DeBlanc) Did you. or ‘anyone else in ~~

, your presence threaten him, menace him or intimidate

a in any way to cause him to give the statement he

MR. PICCIONE: Sams objection, Your Honor.

THE COURT: Same ruling.

MR. BICCIONE: And same exception making: a part

- bo the- question, the objection and the rang of the

: THE COURT: Let the bill be noted.’ ae

Q (By Mr. DeBlanc) Did you or anyone else in

your presence place him in fear or duress to cause him

to give the statement you said he gave?.

A I did not, nor did anyone else in my presence. -:

Q Did you or anyone else in your. presence subject

_ him to any treatment designed by effect on body or mind

_ ‘to compel a confession of ¢rime?

A I did not, nor did: anyone else in ne presence.

Q Now, did you hear what. Capt. Picard told him— :

A I did. ;

Q —before he gave the statement to him? . .

A lI - :

_ [fol. 471] Q What gid he tell him? bbe

: A .He advised him'of his rights. He told him. that he

- did not have to say anything and _ if he chose to say

101

iin: atin he said nad -and would, be held

against him. He advised him that he was entitled to

‘a ‘phone call, that he was entitled to Counsel, that if he

did not have counsel, counsel could be appointed for him, —

_ and he was also told that if he chose to talk-at ny fime ;

during his conversation he could stop.

Q And did he.choose to. make. ‘a phone call?

A He did not. ~

Q Well, what did he say?. Did he say anything to him 2

that he didn’t ‘want to make a phone call? _ >

A The telephone + ‘was made available to him. —

Q: How? «...

A It was ideal up “= Capt. Picard and placed in

_ front of him: _He pushed it away and said he did not

Wish to make» phone call. He said, “I do not want to 3

make a phone’¢all”. -

MR. DeBLANC: “We tender the Witness. -

CROSS: EXAMINATION -

' BY MR, PICCIONE:

S Q. Mr. Navarre, during the recess of the Court, were

you among the detectives and officers that were in the

elevator together? - Saree

A Iwas. —

-Q Capt. Picard was there?

A He was.

'Q And Sidney Broussard was there?

A He was.

Q And when I came into the elevator, you all stopped

talking. You remember that?)

: fol. 472] A I -was not in the soratnr. when -you came

-in.

Q. ‘You were not there when I came e in?

‘A I was on this floor. Do you mean when you were

_ coming into the courtroom at one o’clock?

-. Q And there were: only detectives and ‘Policemen in’

-.- the elevator. Is. that right? .

A. I was not there.

Q - You were not there? ..

A ee

” 102

Q You didn’t hear ihe conversation?

A I did not.

~Q You all weren't, talking” about Miranda _ -vs-

Arizona? ~ ;

A I was not present. fe ae

@ And what it requires to warn a man? |

-A I was not present. : :

Q -When did you learn the warning iat you just

described in your words? —

. AT learned the warning that I just described in my

- words at Bunkie at the law enforcement institute.

Q And how long ago was that? .

A - Approximately a-.year.

°Q About a year ago? — ,

A "In fact it’s over a. year because I was at Bunkie

durise Mardi’Gras of last year.

And at that time the Miranda case was mentioned?

‘It was. Zs

You heard an explanation of it? sf ~~

We had a complete course on it. :

You feel that you’re pretty familiar with it.

| No, I’m not. - :

[fol. 473] Q You're not too familiar with it?

. A No, sir.

~ Q Let me ask you a few specific questions. Were you

‘in the room at all mes that the —- were > being :

asked? . -

A I was not.

Q You were not?

A Iwas not.- . :

-Q> Well, you said you were there when the warning :

was given. 7

A I was. :

Q What happened, did you leave then? —

A I stayed for a while. , os

Q How long? ©

A 1= stayed to hear Capt. Picard we him “make

’ another statement”.

Q “Make another statement” to him?

A Right. ©

Q How’ do you mean, “make another statement”?

Enero DoF.

' He asked him a lot of ques

, ‘ ? : * é ASE,

: 3 ae

Z “ Sree

: ‘ : : *e

0 103.

: * ‘

A Well, he said something else to him afterwards, _

Q Who said something to who? < oe ase oe:

A Capt. Picard said something else to Claude.Alex- |

ander. Et eke Pe ae :

Q . What. was his statement? Boe, Me

A He asked him what happened in Girard Park. |

Q He asked him what happened in Girard Park? —

A Yes. . ae Soa cdtiee

— Q . He’asked him some abe questions too, didn’t he?

pns, didn’t he? ett:

A ‘I was not there during the interrogation itself.

Q.. Oh, you were not there during the interrogation

liegt. : SEY es st diay a haa

ark ee a ee; ec,

[fol.474] Q Then you: don’t. know whether Capt. _

Picard asked any questions before you heard him give °

_ the warning. Is that right? 2° «= _. 2 ane

poe Sie es athe: ae |

Q You.do what? Mais ie Res ¥ :

. ,..4 I was there before he gave him ‘the warning. He

-°did not, ask him any questions. ae. Ae

’ Q You asked him a few questions? :. a

A I did not. . =-- se ie

Q Did Sidney Broussard ask him a few questions?

. A -He did not, not’in my presence. ~ .~ . oe:

~~ Q ‘Well, did Capt. Picard ask. him a. few questions

- A He did: not: Se ce : |

-. Q Now when he was offered the telephone, do you

remember him saying that—at any time. Do you remem-

_.- ber Mr. Alexander saying he wanted to call his mother?

i re Pr gs fare :

Q Do you remember at one time ‘that he said, “Why - .

ie we = take me to jail so I can get some sleep”?

rs } : : : ; =

-Q You remember that? _

A Ido: . fe a4 er SE eee

ms “es Now, can you enlighten us on whether he said.

ee | . Se:

_ A He said that as Auxiliaryman - Broussard and I —

were taking him—were préparing to take him to: book

. ree , / ‘

— Q Now, this was before the statement was given to -

Capt. Picard. . Is that right; sir?’ ay

A It was after. oe ‘

Q That was after?

A Yes, sir. ’ oe

+ (fol. 475] Q Now, you feel sure of your memory on

ei ae ee: t ee

Q And had you heard him say that.same thing before

Gent 24 or iy

Q Or words to the effect that he ‘was pooped and

A I.don't recall that. eae

Q Did he say that once or more than once?

A Say what? . .

or more than once?

A. I heard it only gnce. ees Ce ee

Q And you were not there then when Capt: Picard .

said to him, “No, not until you tell me what happened”.

-- Q don’t recall. hg ne ye :

Q You didn’t hear him say that? :

A I wasn’t there. I don’t recall that. | ine ane

. : ‘Were you there when the statement was typed up? st

Q ’

*,Q@ Did you no ice what he did’ with the paper. that

he wrote it down on? ! Z Yee

Ce. cet a2 :

Q Nobody used a recording machine?

A There was no recording machine. -

Q No taping was made of it.

A There was no tape. ae a as

[fol. 476] Q There was no recording, right?

A, There was no recording. hae ee oo

8 _— thought to. go get the recording machine. —

0. z toe :

105:

Q ‘Nobody thought to call a Court Reporter.

0. ° . - he s : oe

- Q Now, let’s be‘a little more specific. When you said

that Capt. Picard: said to him in effect, “you can remain

silent”, “anything you say may and can and will be used

against’ you”. You heard him say that?.- | :

a 1 ai 3 ba

EO ee !

Q And did Claude answer and say “okay, I under- |

_ + stand’?

A. He did. He said, “You don't need totell me my

' rights. I know them”.— ee ae ee glee

He responded, he spoke up, and he said, "Te .

don’t need to tell me my rights. I know them’. Is that

right? ee eee eo ae

Q All right. Now, then, when Capt. Picard told him

“you are entitled to an attorney, and if you can’t afford

oie one wilk be furnished to you”, you heard him say :

that? : cue

Ss i aa is ee A ae

- Q And Claude Alexander answered’ that he under-

stood that and that he didy’t want:a lawyer. "hee

Q . Now, you give me his words: What did Claude —

Alexander say? pe es tbe 8

A He said, “I understand my rights. ‘You don’t need

- to tell them to-me”., — sa i ee

3 “J understand my rights. You don’t need to tell

them to me”. Is that right? O55 ean

(fol. 477]. A__ Correct. :

ae, *) did he say what you dicated a while \

“J don’t need a lawyer”, “I don’t ant a lawyer”? wa

he say that? 3 Eg ee ate

A I/didn’t hear him say that. Cie wee ge

Did you hear him say ‘anything to the effect that

he didn’t choose to have a lawyer? : ra |

A He didn’t say anything about a lawyer. to the best .

of my knowledge. | ee ee eg, eee

“pe 9 Except what you. said a while ago.. :

) And he said that in answer to the question of Capt.

Picard that he had a right to an attorney and -if ‘he

a >

. *

to be advised of his rights.

106

couldn’t afford one one would be furnished to him. Is.

. that right?

A He said that at: the ona of the entire statement of.

his rights,

; Q Now, you’re saying. ‘then that Claude ‘Alexander: -

' whén warned of his rights, he didn’t just sit there mute —

-and say nothing. He just’ didn’ t ‘sit there dumb apd. Bay

a He did speak up.

rrec

.Q He i

A. Correct.

Q And he said he knew his rights and he didn’t have

A Correct. -:

Q That’s what he said. ae

A Correct. | "

- -Q So if anybody testified that he. er nothing when |

«these warnings were given to him or if ore man said that -

_ he said nothing but. nodded ‘his head, that ish’t —

is-it?

[fol.478]. A I cannot answer for anyone else.

‘I beg your” pardon? ~

I cannot answer for anyone else. ~

‘. You can only answer. for yourself.

Correct..

‘And that’s your testimony. under oath.

‘ Correct.

‘Q When you were ‘in the room there with Capt.

_ Picard, was Sidney Broussard there too? :

| ~ He was. ,

ten pistol on?

And he hed his pistol on? EY eae

He did. Ca es hee eb

_Did Capt., Picard have his? Nea ae e

He did. . e: art :

_ Did any of you all-have a hilly club handy? ,

No one had a club.

Did Claude. have his handcuffs on?

‘(No response).

You: had — him in, I haa

Drarnre|

tira erate

: :

p 4 - ad & 4 ws . j

> ad > o

Q Were the. wiiecaats” ‘still on ht

_ A They were taken off. c

Q They were taken off when® : :

. A I can’t-recall when they were- off, but they

were taken off before the statement, before he was ad-

. vised of his rights. + a oe ee on t,

Q Is that right? ate

‘{fol.479] A Correct. Ace

-Q Did Claude have any?

A He was offered some.

. Q He didn’t take any,’ is that right? Ko

A I can’t recall. I was called sway, sevecal times. $

MR. PICCIONE: That’s all, Your Honor. d mc

REDIRECT EXAMINATION.

BY MR. DeBLANC: .

Q. When he said, “I understand my » ila You don’t

_ haye to tell me”, where were you sitting?

A I was sitting to iis right, next to him He wis

right next tome - —- -

Q And where was Capt. Picard sitting? ee _

A . front of us behind his desk oC |

Q Nol tot ined ad Solas dec ac Pay ;

7 stand my rights. You don’t-have to tell me”? tee

}

. 108.

. _wo

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