# Appendix — Alexander v. Louisiana > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0379%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 1972 - **Citation:** 405 U.S. 625 ## Text : + 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 ~ , * . ey - ea s ° . . . e . > 7 Py . . ba) 5 : . ‘ . * . = v- ‘ ve ‘ ad nd ‘ . ted . o . se a P ‘ - é : . * . . . S . 7 . \ j - ‘ . é . . . . 7 - * “; . . . “. * wt . * . . . | - ts . bs , 6 ‘ bd . e m= ° . 7 . e y s ° ‘ ” . tad . 7 . 28 ‘ r i : Y t an, . ; oe Si > . . * . ] - a P o- > P . + @ . : ? ° é p . , . ‘ e 8 : . “ oe . ’ , . * *. , . , . : e ° . ° . ° . ss y i ; . : . = ry © fe . . ‘ ; ; . ‘ ‘ ° . ; . ‘ ‘ we . ° aM 8S » . e ‘ate . . ge : ) o ar ‘ \ «® 7 . ° ’ , . . 7 . . bes * | > | + 8 : ‘ — e ° . we ° ; 7 as . 7 : e ° - . . . * . . ; v- ts ge \ OS is Sy CHRONOLOGICAL INDEX OF. ALL DOCKET. ENTRIES: ” |, SEPT. 15 OCT. 13 ~~ 45TH JUDICIAL DISTRICT COURT | CRIMINAL DOCKET NUMBER 31132 © - o > |STaTE oF LOUISIANA v ; 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) en tind : : : G ° : . . x . ~~ - . * : . ‘ee i ’ - . ~~) : 3 . . . os F Oo e . . - . . ; « Se - - © é e \- e € \ % ‘RO Q wy a “ik. '- 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 f. _ . 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- ~ 4 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 a 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 ra 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 g X 7 - 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. 2 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 .f aa 10 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 . Luke Mitchelle Guilbeaux’ Charles Firmin Levert, Jr. Edmond ‘Lloyd Guillot 0 8 0 8 1 8 Wilmer’ Hanes 3 3 8 3 6 3 7 3 0 3 7 3. Antoine- Eugene Bergeaux 6. , 8 5 8 3 a" . ww wo — ay 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 - ts AT St 92 00 0 CO OOO tt MAyQVHWWOS bo 69 = ON 09 op” . F — . 9 9 OH 9 S OH C9 9 i ~~ ms 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 a Lf . 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.* —_ a ~ _ © I. 00 0 Ht S C0 S 69 C1 Smt Mt mt 00 C0 C9 COOH —_ “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 a 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 £ ©2 62 00 CO Mt OD OD CO OT Gd OT OT CO 00 09 69.09 09 Co 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 You mean total of what I have on the book right a '- 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. a @ 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 lm *) 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 84 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 at 2 Fol Spo > wa) ri you submit some names? — ‘ . ae 8] Q - Did the other members sclhealt 4 some names? fy 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? - tH 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 ee 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 ee --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 A 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 7, . 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, - . 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 —— \ ; -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? oe 47 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 : 48 "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, 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? | es 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. a, 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 OO . le — = 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 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 —* : a Oi te a ' 56 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? — ke BB 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. : cS \ \ hips eX ne © ey \ 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 | th 4 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 XO _ 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 1 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. ; 61 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’ - o9 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 BS _... introduce into evidence the statement and also as I un- $ * ; 66. . a , _— - 3.4 Le i 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 OT 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 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 4 oO -, * \ oe ” co nf gt o _ 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 BY a) 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 ag 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 Co 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? - : y 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] ee . 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 82 ‘[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. " , 85 —.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. 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 e 86 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 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 ‘said could be used against him. Is that right? © '- 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? No, sir, I can’t. © | 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 © ad eatin pO > Boronort. ee a 91 - 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 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. ee 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 had to ask him. several questions ‘before © he gave one 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 | reads the statement. Is that right? ©” : : 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 ee 94 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. a “THE COURT: Well, if that’s the purpose FI allow He was sitting down in’ a chair? oe ~Q . 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. 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 - A 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 8 He 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”? o Enero DoF. x. ' 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? ic . * 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 cu | : : p 4 - ad & 4 ws . j > ad > o ty 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. . _wouldh’t sign ‘anything or Wouldn't snk setkinac tee: * . ther unless he was given “his’shoes. I. recall that much. His lawyer wasn’t there? A Correct. . - He didn’t have a lawyer. A I did not know. . Q Officer Navarre, did you put your arm on Claude one time there? * . : a o> * 109 A: I did not. . tg '.Q-> You didn’t pat him on tie ‘shoulder? A I did not. 7 - Q You didn’t pat him on ‘the shoulder. and. say, , “Go ahead and tell him about it’? : I did not. a Te You didn’t do that? | . A I did not. Q - You didn’t tell him that was the beat thing £ for him a to do? ~ A’ I-did not.. - [fol, 482] MR. DeBLANC: ‘This is our evidence i Inso-. - evidence? ~Q You don’t recall doing that? vee A. I did not do that. - | 2+ 2! Q. In fact,-you didn’t talk to him at all, did yout? A_ I did not have any conversation at all while he. was in the office. ar “Q . You. just listened. -A Correct. : --MR. PICCIONE: ‘That's all, Your ie - _MR. DeBLANC: No more questions, Your Honor. (Witness. excused) ae ‘THE COURT: Off the. oe eg re _ (Informal discussion off the’ record.) far as the voluntary nature of the confession or- inculpa- tory ‘statement and as well as the Showing that his con- ° stitutionel rights have been complied with. > THE COURT: All right. Does the defense have any - MR. PICCIONE: ‘Well, we call the only witness we have, Your ‘Honor, and that’s the accused. THE COURT: All right. cane rater ON VALIDITY. OF STATEMENT Thereupon, | | CLAUDE ALEXANDER ‘the Defendant herein, was recalled asa witness, and hav. « “ing previously been sworn, was examined and testified. further as follows: "110. be ‘DIRECT EXAMINATION BY MR. PICGIONE: . Your narhe is Claude Alexander? Yes, sir. a. You’re the Defendant i in this case? Yes, sir. You remember being arrested on cataomean 4, 1967?° Yes, sir. Were you taken to jail—at least were ‘you taken to [fol. 483] Q You don’t know the officer’s 2 A_ I don’t. . -Q. Now before you went up _—, had you been injured -in any way?. | - A Yes, sjr. Q:. How? : ; A. Well, at least, the officer that picked me Up. in the park, he hit me, -Q ‘ He hit you with what? : - ‘A - It either have to be his gun or his club or soning. | -Q Did you at any time see his gun?, A At least I saw him when he pulled it out. Q Did you ever see his gun on the pavement? — A N@ sir. | Q You don’t remember that? -_A-_No,. sir. = Q Besides the officer hitting you -with-the gun, did you have any other fight with him, any other exchange with DPOropro \ him? A Yes, sir. -Q What was'that? . A After I hit him I started running. 1} mean, when IT stopped, he dove on me, © _— ~@ Didhehit you? . | We started: tuseling. | Now, were you all standing up or on the ground? — “acs We was. on the ground. a oe | | What parts. of your body hit the ground? My back, chest and my face hit it a couple of times. Your face hit the ground a. poupte of times? Yes, sir, [fol.484] Q That made you fee] real ae THE COURT: :/ Off the record. -(Informa] digenssion off the record.) ) -. Q (By Mr. Piccione) Did_ anything else. happen to — you physically? C . 3 A Just when we got up, after we got through tussling, - gsciignial - he handcuffed me from the back. . 'Q He handcuffed you behind your, back?, A Yes, sir. Q: The two hands behind your back? . A Yes, sir. . ; . Q Now, how long did those handeuffs hey on your two \Y hands? ae A Until I got in the office. 7 2 Were they taken off. when you got to the office? Not;just then. They was taken off during. _ * - = During the interrogation? . , | OO £ Yes, sir. During the time they questioned you? Yes, sir. - ‘! In the first. part of it did you have your handcalfs g = OPOPO>~OPOSO> Yes, sir. eee Now, did they offer you to use a telephone? a No, sir. I asked them. ee . You asked them? oy a . 8 Yes, sir. — When you asked them, did you have. thie handcuffs on or off? — . [fol. 485]. A [still had them on. 2 ; 112 .Q Behind your back? : ane A Yes, sir. ; ) Q And when you asked to use , the e phone, did you. spe cifically say who you wanted to call? Yes, sir. I told them I wanted to call my mother. How many times did you tell them that? Well, I asked them about twice. .— Who did you say that to? " Capt. Shirley Picard. = Who else was there? wt ™ Well, at the time I don't believe ir had ga ‘else in the roofn. Q. And did he let you use the telephone? ~ we A No, sir. — A Q He says he put the phone in front of you and you didn’t care to use it. Is that true? - A No, sir: | | Q Claude, when you got into that room -did Capt. ~~ Pieard talk to you? : A. Yes, he did. | -Q Now at the time: he. started talking to you, how | did you feel physically and mentally? A Well, after we-got through—after the man had. hit me on.my eye with the gun, at least_with-something, and after—we—got-through tussling in the park, I mean, i Proropore a’ ' wasn’t feeling good. Q How did you feel? A Well, I was sort of ~—. , Q Dizzy? | . [fol. 486] Q Did you at any. time say anything to the officers. about that? ; A 7a, ar. ee -Q- What did you tell them? A I told them-why don’t they take me to jail or let me go home, you know, get some sleep. . | Q Did you feel sleepy? ' A. Yes, sir. . —-Q ‘Did they 1 take you to jail or let you get any sleep? A No, sir. They took me to the police sfption. ———d _-— ° \ @ O ror are) the park. e started asking you what. happened in the park? re -Yes, sir. - All right.’ Now, tell the Gourt—Capt. Picard said >» he. warned you. Tell the Court what he said to you. ~ “A - Well, I don’t recall, you know, him telling the too . a He just: asked me, started asking me what hap- a “Q Now, he says that he svaenne you about certain oo ’ things. Now, what: do you know about that? What did : ‘he warn you about, if anything? . , A Well, if he did tell me anything I didn’t hear it. ..Q Did you | answer him in any way? A -No, sir. Q Did you tell him,’ “I understand that I can — , quiet. I don’t have to say anything. And if I say some thing it may be used and can be used against me”. Did you tell him that? a A No,sir.° ~- Q Did you say to him, “I don’t wank a ene I- don’t have a lawyer. I can't afford one and von can’t _ a 115 _. hire one for me. I don’t want.-one”. Did you tell - . him that? | sent Pate! * — A. No, sir. " [fol. 489] Q “Did you tell him ‘that you understood that . and therefore you would do without one. Did you ever do that? Fs re _-—- A No, sir. . a, ris : Q When he gave you the so-called warnings, did you answer him in any way?- is. : A. NG; sir. = o. ‘Q° Did you understand what he was talking about? -| A Like I told you, I was kind of dizzy and I was _ just about sleeping, you know. ’ - — ar _ .-Q Is that as best you can remember? Yes, sir. _ x | ‘Is that how you understood it? Yes 7 | Did you understand what he was talking about? Well, not exactly, —- - Did that: ever happen to you before? No, sir.. = : Did you ever have a similar experience? . No, sir. - Oe Oo : . aa Now, did Capt. Picard write some things dewn in ' longhand? no i 2 A - : A Yes, he did. __ _ - Q Did he ask you some questions? A Yes,sir,hedid. ° °°. [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386413_0379%3A1. Public record. Not legal advice.