Friday, January 17, 2014

Tate-LaBianca Trial: The Prosecution

This piece is a quick over-view of the Tate-LaBianca trial witnesses, whose testimony was primarily offered on behalf of the prosecution. A companion piece will offer a similar description of the trial from the defense perspective. 

In addition, the majority of the witnesses in the guilt phase are on behalf of the prosecution, whereas the majority of the witnesses in the penalty phase are on behalf of the defense. Therefore this piece is more prosecution orientated, and the companion piece more defense orientated. No bias is intended.

Under Californian law trials are in held in distinct phases.

Excluding their preliminary hearings and pre-trial motions, trials begin (in the presence of a jury) with the guilt phase; in which the jury are expected to reach a unanimous verdict as to the guilt of the defendants. If the verdict is guilty, the next phase is the penalty one.

In the penalty phase the jury decides on the degree of suitable punishment for the crimes the defendants have been convicted of.

(Charles Watson had a third phase in his Tate-LaBianca trial, an insanity phase that took place in between the guilt and penalty ones.)

Usually when the prosecution rests, it is then followed by the defense presenting a defense. This did not happen in the Tate-LaBianca trial. The defense rested without putting on a defense. Although unusual, this is not unheard of. It can be used as a strategy to demonstrate how weak the prosecution case is, and the defense is under no legal obligation to put on a defense.

Although no defense was offered, each of the defense attorneys were entitled to cross-examine each witness offered by the prosecution. 

PROSECUTION STRATEGY

Many of the witnesses chosen did not have dramatic testimony to give. They were either police officers or those of associated professions (coronors, fingerprint examiners, etc), merely testifying with regard to how they performed routine tasks in respect of the Tate-LaBianca investigation.

Their testimony when regarded with other witnesses gave the jury a sense of continuity in the chain of evidence, usually with regard to exhibits presented to the court by the prosecution. 

Some witnesses testified to developing circumstances during the trial. For example, the prosecution wished to demonstrate to the jury their theory that Manson led and the other defendants followed. To partially accomplish this Sgt Manuel Gutierrez of LAPD Homicide testified that Manson entered the courtroom at the beginning of the trial with an X carved into his forehead, and the following day the other defendants followed suit (Kanarek's over-ruled objection that it was an simply an issue of freedom of religion is worthy of a mention here).

Similar witness testimony occurred with regard to hairs taken from a hairbrush belonging to Atkins, and letters she wrote during her confinement at Sybil Brand Institute for Women as the trial was on-going. These items being introduced as evidence exhibits against her.

Other witnesses, mostly civilian, gave testimony as to literally what they witnessed before and after the murders. Mostly those employed at, visiting, residing or in the neighbourhood of 10050 Cielo Drive, 3301 Waverly Drive and Spahn Ranch (and to a lesser extent Barker and Myers ranches).

The prosecution also made use of witness testimony from those who were able to promote Manson as a controlling individual who constantly issued instructions to those who chose to reside with him (the Family), and that he expected obedience from them. When this was not forth-coming he was likely to use physical violence to compel those around him into obedience. 

In addition, his propensity for physical violence could also be directed, using individual members of the Family, against others not directly associated to him or the group. This was partially achieved by testimony with regard to Manson's philosophy regarding life and death, ownership of property and the prosecution motive of Helter Skelter.

This group of witnesses included those who are regarded as Family members and their associates.

Members of the Family who gave testimony for the prosecution were (in order of appearance): Linda Kasabian, Thomas J Walleman, Barbara Hoyt, Stephanie Schram, Brooks Poston, Paul Watkins and finally Dianne Lake.

Associates of The Family who gave testimony for the prosecution were (in order of appearance):  Johnny Swartz, Danny DeCarlo, David Hannum, Juan Flynn, Gregg Jacobson, Harold True and finally Terry Melcher.

In addition, the witnesses above provided the prosecution with testimony that corroborated that given by chief prosecution witness Kasabian.

Kasabian accepted an immunity from prosecution in exchange for her testimony, the immunity order was signed by Judge Older at the end of her testimony.

Danny DeCarlo apparently had an immunity agreement regarding his prosecution over three outstanding charges. At the time of his testifying he had already appeared twice as a prosecution witness against Beausoleil.

Dianne Lake apparently had an immunity agreement with regards to previously committing perjury by lying under oath in her grand jury testimony (Kasabian testified that she understood the maximum penalty for perjury in a capital case is a death sentence).

Kasabian, DeCarlo and Lake would return to give testimony against Watson during his own Tate-LaBianca trial in 1971, and Kasabian and Lake would give testimony against van Houten during her 1977/78 trials.

Alongside Manson, throughout the trial there was also particular focus on Atkins. Originally a chief prosecution witness, whose testimony in front of the grand jury led to the indictment of the defendants. She decided to join with the defendants and not give evidence against them. This led to her grand jury testimony becoming inadmissible. The prosecution then made use of the testimony of those women housed with her in the Sybil Brand Institute for Women (a jail), to whom Atkins had confessed to. These confessions were not covered by any constitutional rights not incriminate oneself. 

In addition Atkins also wrote letters covering similar admissions, as well as violent threats, and these were introduced as evidence. Employees at the institute also testified that the contents of these letters were not covered by any constitutional rights regarding self-incrimination.

This testimony and evidence exhibits were concerned only with the participation of Atkins, possibly because of legal rules regarding co-defendants incriminating each other.

NUMBER OF WITNESSES

Jurist William Zamora in his book Trial by Your Peers, lists 84 witnesses, however as a member of the jury he was absent from court when the jury was excluded, for example June Emmer's testimony as well as Manson's statement (to be covered in the companion piece).

Chaplain Ray in God's Prison Gang also lists 84 witnesses.

Some witnesses were recalled, for example Winnifred Chapman. I have only counted a witness on their first appearance.

At one stage all of the 12 person jury and alternates were sworn in to be questioned voir dire by Judge Older regarding Manson displaying the newspaper headline regarding President Nixon declaring his guilt during the guilt phase of the trial. I have not counted them.

Also during the trial (after the testimony Jerome A Boen) Susan Atkins and Dr Margaret McCarron were both sworn in to give testimony with regards to Atkins stomach complaint that delayed the trial (to be covered in the companion piece).

I can only get the list up to 82 using Bugliosi's Helter Skelter; Bishop's Witness to Evil and Zamora's Trial by Your Peers, as well as various clippings and trial transcripts.


Paul J Tate, Winnifred Chapman, William Garretson and Wilfred Parent waiting to give testimony

THE GUILT PHASE OF THE TATE-LABIANCA TRIAL

Jury selection took place between 15 Jun 1970 - 22 JUL 1970. 148 prospective jurors were reviewed.

Bugliosi made his opening statement on 24 July 1970 and ended with his final summation on 13 January 1971.

Judge Older issued instructions to the jury to begin their deliberations on 15 January 1971, and they returned their guilty verdicts on 25 January 1971.

Court:
Hon Charles H Older

For the people:
Aaron H Stovitz, Deputy District Attorney Head Trials Division, County of LA
Vincent T Bugliosi, Deputy District Attorney
Donald A Musich, Deputy District Attorney (after Stovitz's removal)
Stephen R Kay, Deputy District Attorney (after Stovitz's removal)

For the Defense:
Irving A Kanarek (Manson)
Daye Shinn (Atkins)
Ronald Hughes (van Houten after 17 JUL 1970 replacing Ira Reiner)
Maxwell Keith (van Houten after the disappearance of Hughes DEC 1970)
Paul Fitzgerald (Krenwinkle)

Gary Fleischman (Kasabian)
Robert Goldman (Kasabian)

Bugliosi (with Stovitz up until Edward C Lomaz testified) sets out the prosecution witnesses in the following order:

IDENTIFYING THE VICTIMS AT 10050 CIELO DRIVE

01. Paul J Tate: Father of Sharon Tate. 

02. Wifred E Parent: Father of Stephen.
  
DISCOVERY OF 10050 CIELO DRIVE VICTIMS & ESTABLISHING WHEN THEY WERE LAST SEEN ALIVE

03. Winnifred Chapman: 10050 Cielo Drive cook and housekeeper. 

04. William Garretson: 10050 Cielo Drive guest house resident/caretaker. 

05: Frank Guerrero: Decorator at 10050 Cielo Drive.

06: Tom Vargas: Gardener at 10050 Cielo Drive.

07: Dennis Hearst: Bank of America employee, delivered a bicycle to 10050 Cielo Drive purchased by Folger from his father's shop.

THE MURDERS TAKING PLACE (ALSO THOSE CORROBORATING KASABIAN)

08: Linda  Kasabian: Previously indicted for Tate-LaBianca murders, chief prosecution witness. 

IMPLICATING MANSON
Spahn Ranch as an armed camp with radio communication under threat of attack from Blacks.
Manson directing the sex lives of those around him.
Manson's attitudes to criminal activity and killing.
Manson's philosophy regarding The Beatles and Helter Skelter.
Manson issuing all instructions regarding preparation for attack on 10050 Cielo Drive.
Manson issuing instructions regarding chain of command during the attack and the leaving of signs.
Manson issuing instructions to remove blood from car.
Manson asking if they feel remorse.
Manson issuing all instructions regarding preparation for attack on 3301 Waverly Drive and a second residence.
Manson proposing at least four other suitable residences to attack before driving to 3301 Waverly Drive.
Manson returning to car from 3301 Waverly Drive, choosing attack team, stating he had tied up residents, and for the attack team not to let them know they were to be killed.
Manson handing Kasabian a wallet and having her hide it in a women's restroom at a petrol station.
Manson showing Kasabian how to use a knife to kill.
Manson proposing an attack on a Beach House Apartments resident and issuing instructions on what roles the second attack team should carry out.

IMPLICATING WATSON
Watson cutting phone lines, shooting and killing Parent, hitting and stabbing Frykowski.
Watson's instructions to discard weapons and clothing.

IMPLICATING KRENWINKLE
Krenwinkle chasing Folger with an upraised knife.
Krenwinkle complaining about her injuries sustained during attack.

IMPLICATING ATKINS
Atkins complaining about her injuries sustained during attack.
Atkins as a member of the second attack team not left at 3301 Waverly Drive.

Using the hose at the Weber residence.
Her use of LSD.
Her leaving Spahn Ranch in Hannum's car.
Justification of not going to authorities and her understanding of the penalty for committing perjury.


09: Timothy Ireland: Westlake School for Girls, Counsellor. Heard screams in the early hours of 09 AUG 1969 in the vicinity of 10050 Cielo Drive.

10: Rudolf Weber: home owner. Confronted occupants of vehicle GYY 435 for using his garden hose in the early hours of 09 AUG 1969.

DISCOVERY OF THE VICTIMS AT CIELO DRIVE AND THE BEGINNINGS OF THE POLICE INVESTIGATION (Officers first on scene)

(03): Winnifred Chapman:  (re-called).

11: Jim Asen: 10050 Cielo neighbour. Telephoned police to report murders after Chapman arrived at his residence.

12: John Harold Swartz, Jr: Ranch hand at Spahn Ranch, owner of the vehicle GYY 435, vehicle used without his permission by defendants who resided at Spahn Ranch (Corroborating Kasabian).

13: Jerry De Rosa: First police officer on scene at 10050 Cielo Drive.

14: William Whisenhunt: Second police officer on scene at 10050 Cielo Drive.

15: Robert E Burbridges: Police officer on scene at 10050 Cielo Drive who found pieces of the gun grip of murder weapon.

16: Raymond Kilgrow: Telephone engineer, testified with regards to the cutting of telephone lines at 10050 Cielo Drive.

17: Sgt Michael J McGann: Police Detective in charge of murder investigation. Testified with regards to the drugs found at 10050 Cielo Drive and in Sebring's car, also that cash in plain sight, wallets, etc were not stolen, no ransacking at residence.

18: John Finken: Investigator for Coroner's Office. Cut rope connecting Sebring and Tate, removed property from 10500 Cielo Drive.

CAUSES OF DEATH AND WOUNDS RECEIVED BY 10050 CIELO DRIVE VICTIMS

19: Dr Thomas T Noguchi: LA County Coroner.

PHYSICAL EVIDENCE

20: Ken Baggot: ABC television channel cameraman who found the discarded clothing belonging to the 10050 Cielo Drive murderers (corroborating Kasabian).

21: Deputy Sheriff Helen A Tebbe: Sybril Brand Institute for Women employee who took hair sample from hairbrush belonging to Atkins.

22: Joseph Granados: LAPD investigator. Tested and matched blood samples at 10050 Cielo Drive to victims.

DISCOVERY OF 3301 WAVERLY DRIVE VICTIMS 

23: Frank Struthers, Jr: Stepson of Leno LaBianca, and son of Rosemary LaBianca. Testified to his return to 3301 Waverly Drive after the murders. Identified wallet found as belonging to Rosemary LaBianca (corroborating Kasabian).

ESTABLISHING WHEN 3301 WAVERLY DRIVE VICTIMS WERE LAST SEEN ALIVE

24: Ruth Sivick: Co-owner of a dress shop with Rosemary LaBianca, fed the pets at 3301 Waverly Drive during the absence of the LaBiancas, spoke to Rosemary on telephone.

25: John Fokianos: News vendor, witness who last saw the LaBiancas alive.

DISCOVERY OF THE VICTIMS AT 3301 WAVERLY DRIVE AND THE BEGINNINGS OF THE POLICE INVESTIGATION (Officers first on scene)

26: William Rodriguez: Hollywood Police Division. 

27: Sgt Edmund Cline.

28: Sgt Danny Galdino: Described crime scene, Leno LaBianca hands tied with leather thong.

29: Sgt Gary L Brody: Testified to the discovery of a knife in the throat of Leno LaBianca during the removal of a pillowcase from his head prior to autopsy in the County Morgue.

CAUSES OF DEATH AND WOUNDS RECEIVED BY 3301 WAVERLY DRIVE VICTIMS

30: Dr David A Katsuyama:  LA County Coroner's Assistant.

PHYSICAL EVIDENCE LINKING ATKINS TO 10050 CIELO DRIVE

(23): Joseph Granados: (recalled) testified about hair similarities between a sample from bloodied clothes found by ABC channel cameraman and hair from Atkins hairbrush she had used at Sybil Brand Institute for Women.

FINGERPRINT EVIDENCE

31: Jerome A Boen: LAPD police officer who examined fingerprints at 10050 Cielo Drive, matching them to Watson and Krenwinkle examples already on file. Testified with regard to 3301 Waverly Drive having no fingerprints anywhere and probably wiped down.

32: Frank S Escalante: Police officer, fingerprinted Watson after his arrest APR 1969.

33: Jack E Swan: Civilian, fingerprinted Krenwinkel after her arrest DEC 1969.

34: Sgt Harold J Dolan: Fingerprint impressions expert, prepared enlarged fingerprints on two large boards for use in court and used them for the benefit of the jury to demonstrate that 10050 Cielo Drive fingerprints matched with those belonging to Watson and Krenwinkle examples already held on file. Testified with regard to 3301 Waverly Drive having no fingerprints anywhere and probably wiped down.

PHYSICAL EVIDENCE: THE MURDER WEAPON (GUN)

35: Steven Weiss: Found the 10050 Cielo Drive murder weapon.

36: Mike F Watson: LA police Van Nuys Station, took the call from the Weiss residence and collected the murder weapon from him, noted missing grip.

37: Robert L Calkins: Police investigator for Tate case, testified with regard to his attempts to locate the murder weapon and subsequent recovery of it. Partner of Sgt McGann.

38: Sgt Dudley D Barney: Assisting investigator for Tate murders, testified with regard to the bullet fragments recovered from Parent's car.

39: Sgt William J Lee: Ballistics, carried out tests to confirm bullet fragments from 10050 Cielo Drive, pieces of missing grip were from the weapon handed in by Weiss.

40: Edward C Lomaz: Ex-marketing manager for High Standard gun manufacturer, testified with regard to the murder weapon used at 10050 Cielo Drive being popularly referred to as a "Buntline Special".

41: Thomas J Walleman: Optical technician and Family member, testified that he had accompanied Manson to an apartment when he was carrying a similar looking weapon to the Buntline Special. 

42: Danny DeCarlo: Gunsmith, Family associate. Testified to guns held at Spahn Ranch including a Buntline Special DeCarlo had traded to him for a truck. Testified to life at Spahn Ranch, Manson's philosophy, racism and  philosophy of Helter Skelter, Manson as the leader, buck knives, the rope, leather thongs and the 16 AUG 1969 raid, DeCarlo's opinion of Watson's character.

(42): Sgt William J Lee:  Police Ballistics (recalled). 15 out of 45 empty cartridges found in a gully on Spahn Ranch matched those used by the Buntline Special.

CORROBORATING KASABIAN

43: Eleanor Lalay: Manager of the Beach House Apartments, Nader was her tenant.

PHYSICAL EVIDENCE & THE CHARACTER OF MANSON

44: Ruby Pearl: Stable manager Spahn Ranch. testified with regard to what Manson and the other defendants did at Spahn Ranch with regard to employment, Manson as the leader, referring to themselves as 'The Family', the Buntline Special, the rope, leather thongs, the dyeing of clothes dark colours by Fromme.

CORROBORATING KASABIAN & THE CHARACTER OF MANSON

45: David Brian Hannum: Ranch hand, Spahn Ranch. Testified with regard to the 16 AUG 1969 raid, Kasabian borrowing his car and not returning to Spahn Ranch, Manson's propensity for violent threats and attitude to killing.

THE ARRESTS OF GOOD AND BRUNNER

46: Ralph Marshall: San Fernando police officer, booked Sandra Good and Mary Brunner.

THE 28 JUL 1969 "MINI-RAID" ON SPAHN RANCH

47: Samuel Olmstead: Sheriff Deputy. Conversation with Manson about Black Panthers, his opinion the police should join up with his group to fight them, Manson's remark about armed guards being posted around Spahn Ranch.

48: George Grap: formerly Deputy Sheriff, similar to above.

PROSECUTION MOTIVE & INCRIMINATING ATKINS AND VAN HOUTEN

49: Barabara Hoyt: Family member. Overheard conversation between Morehouse and Atkins, incriminating Atkins. Conversation between Lake and van Houten incriminating van Houten. Manson's philosophy of Helter Skelter, dark clothing request from Atkins, life at Barker ranch, Manson as leader.

SPAHN RANCH RAID 16 AUG 1969

50: Donald Dunlap: Deputy Sheriff who took part in the 16 Aug 1969 Spahn Ranch raid, found Manson hiding and arrested him.

PROSECUTION MOTIVE & INCRIMINATING MANSON, WATSON, ATKINS, KRENWINKEL & VAN HOUTEN

51: Juan Flynn: Spahn Ranch ranch hand and Family associate. The rope, the Buntline Special, Manson and Atkins separate remarks about killing people, the philosophy of Helter Skelter, murderers leaving the Spahn Ranch on their journey to 3301 Waverly drive, Manson physically threatening Flynn with a knife, life at Barker ranch.

CORROBORATION OF FYLNN

52: David Steuber, California Highway Patrol officer, corroborating Flynn by playing recording he made of their conversation.

ARREST OF BEAUSOLEIL

53: Sergeant Paul Whitely: LASO Homicide Detective. Testified with regard to the booking of Robert K Beausoleil for the murder of Gary Hinman.

DEFENDANTS UNDER THE INFLUENCE OF MANSON:

54: Sergeant Manuel Gutierrez: LAPD Homicide, testified to what happened in court with regard to Manson carving an  'x' onto his forehead and then the other defendants doing likewise the following day.

AUTHENTICITY OF EXHIBITS:

55: Sgt Albert J LaValle: Police officer who drew plan of 10050 Cielo Drive used as prosecution evidence exhibit from an aerial photograph. 

56: Jack Holt: Deputy Sheriff LA County,  sole custodian to documents entered as evidence.

WHETHER OR NOT GUNSHOTS COULD BE HEARD FROM GUESTHOUSE

57: DeWayne Wolfer: LA police officer, carried out weapons testing at 10050 Cielo Drive with regards to hearing gunshots fired from guesthouse at 10050 Cielo Drive with the stereo hi-fi system turned on.

TIMING OF THE MURDER OF PARENT

58: Jerold Friedman: Hollywood resident who received a phone call from Steven Parent shortly before his murder.

THE ARRESTS OF GOOD AND BRUNNER:

59: Gloria Hardaway: Senior Clerk at  Sybil Brand Institute for Women,  brought with her papers she prepared for release of Sandra Good.

60: Rachel Burgess: LA Deputy Sheriff, prepared release papers for Mary Brunner 23 SEP 1969.

AUTHENTICITY OF EXHIBITS:

(18): Sgt Michael J McGann: (recalled)  Testified with regard to the finding of the discarded clothing worn by murderers.

SPAHN RANCH RAID 16 AUG 1969

61: Sheriff Deputy William Gleason: Police officer who organised the 16 AUG 1969 police raid on Spahn Ranch.

SELF-INCRIMINATION OF ATKINS

62: Virginia Kathleen Graham Castro: Housed in Sybil Brand Institute for Women inmate with Atkins. Atkins stabbed Frykowski and Tate.

63: Ronnie Howard (tn Veronica Hughes): Housed in Sybil Brand Institute for Women inmate with Atkins. Slashed at Frykowski and stabbed Tate. Wrote the word 'pig' on the door.

PROSECUTION MOTIVE

64: Gregg Jacobson: Music producer, close associate of Manson. Manson's philosophy, philosophy of Helter Skelter, The Beatles, Revelation 9, failure of getting Manson a recording contract, seeing Manson later on the day after the 10050 Cielo Drive murders took place.

MANSON HAVING PREVIOUS KNOWLEDGE OF 10050 CIELO DRIVE

65: Shakrokh Hatami:  Personal photographer for Sharon Tate. Identified Manson as looking like the person he had spoken to at 10050 Cielo Drive before the murders.

66: Rudolph Altobelli: Manager of actors and actresses. Landlord of 10050 Cielo Drive. Identified Manson as a caller to the property before the murders.

CORROBORATING TESTIMONY OF KASABIAN WITH REGARD TO THE WALLET BELONGING TO ROSEMARY LABIANCA:

67: Charles David Koenig: Standard Oil Company employee who found Rosemary LaBianca's wallet.

SELF-INCRIMINATION OF ATKINS

68: Rose Anne Walker: Former cellmate of Atkins at Sybil Brand Institute for Women, testifying against Atkins with regard to the leaving false evidence at 10050 Cielo Drive (a pair of spectacles).

MANSON HAVING PREVIOUS KNOWLEDGE OF 10050 CIELO DRIVE AND 3301 WAVERLY DRIVE

69: Harold True: Graduate student and Family associate and former next-door neighbour to 3301 Waverly Drive. testified with regard to Manson and other Family members visiting him several times during his tenancy of 3267 Waverly Drive.

70: Terry Melcher: Record producer, song writer, former tenant of 10050 Cielo Drive and associate of Manson. Brian Wilson with Manson in vehicle driving Melcher to the gate of 10050 Cielo Drive. His visits to Spahn Ranch to hear Manson perform, the theft of his telescope.

MANSON'S ATTITUDE TO KILLING AND PROSPENSITY FOR VIOLENCE

71: Stephanie Schram: Family member. Manson beating her with a rifle stock and discussing killing.

SELF-INCRIMINATION OF ATKINS

72: Janet Marie Owens: Housed in Sybil Brand Institute for Women, inmate with Atkins, identifying letter sent to her from Atkins.

CENSORING OF INMATE CORRESPONDENCE AT SYBIL BRAND INSTITUTE FOR WOMEN

(After the testimony of James Pursell but before that of Dianne Lake, three self-incriminating letters written by Atkins to inmates at Sybil Brand were entered into evidence. They were addressed to: Ronnie Howard, Jo Stevenson and Kit Fletcher).

73: Lila Koelker: Sheriff Deputy LA County, housing officer at Sybil Brand Institute for Women, testified about the procedure for outgoing mail at the institution.

74: Carolyn Alley: Lieutenant Sheriff Deputy at Sybil Brand Institute for Women, testified that she was aware of Atkins letters and that signage was displayed at the institution making it clear that all letters inmates wrote were censored.

ARREST OF KRENWINKLE

75: John Wm. McKeller Sr: Police Sergeant in Mobile, Alabama, who arrested Krenwinkle DEC 1969.

PROSECUTION MOTIVE AND PHILOSOPHY OF AND VIOLENT CHARACTER OF MANSON:

76: Brooks Poston: Family member. Philosophy of Manson, Helter Skelter, The Beatles and Revelation 9.

77: Paul Watkins: Family member. Philosophy of Manson, Helter Skelter, The Beatles and Revelation 9, Manson as Christ, Manson assaulting him by throttling him, the character of Watson, drug use, Manson as leader.

MYERS & BARKER RANCH RAIDS

78: Frank Fowles: District Attorney of Inyo County, identified photos of Myers and Barker ranches and discussed surrounding area.

79: James Pursell: California Highway Patrol officer, took part in the Barker ranch raids and witnessed the presence of Dianne Lake (and Krenwinkle).

PROSECUTION MOTIVE AND PHILOSOPHY OF AND VIOLENT CHARACTER OF MANSON, INCRIMINATING VAN HOUTEN & KRENWINKEL

80: Dianne Lake: Family member also testifying against Van Houten and Krenwinkle, corroborating testimony of Hoyt. Manson discussing killing, Helter skelter, incriminating van Houten with regard to her participating in 3301 Waverly Drive murders and wiping fingerprints, incriminating Krenwinkle killing Folger. Her own perjury before the grand jury owing to her fear of threats from Manson, Manson beating her.

THAT LAKE WAS NEITHER MENTALLY ILL OR DISORDED AND WAS CAPABLE TO GIVE TESTIMONY

81: Dr Blake Skrdla: Court appointed psychiatrist who examined Lake.

82: Dr Harold C Deering: Court appointed psychiatrist who examined Lake.

16 NOV 1970 the prosecution rests.


Krenwinkle, van Houten and Atkins

THE PENALTY PHASE OF THE TATE-LABIANCA TRIAL

Having successfully convinced the jury to return guilty verdicts for all the defendants, the prosecution called witnesses to demonstrate to the jury that the defendants should receive the maximum penalty applicable.

The prosecution only called one witness each to demonstrate the pre-existing murderous nature of Manson and Atkins, by far the two most high-profile defendants before and during the trial.

The prosecution set out the prosecution witnesses in the following order:

01: Officer Thomas Drynan: Police officer who arrested Atkins in 1966. Testified to demonstrate that Atkins was capable of using deadly violence by being armed with a pistol and expressing regret that she did not use it to shoot him when being arrested.

02: Michael Erwin: Busboy and student, identified a photograph of Gary Hinman.

03: Bernard Crowe: Musician. Testified to demonstrate that Manson was capable of using deadly violence by shooting him in JUL 1969. 

The prosecution rested their case during the penalty phase on 01 FEB 1971.

The jury returned verdicts of death for all defendants on 29 MAR 1971, and Judge older formally sentenced them on 19 APR 1971.

36 comments:

sunset77 said...

In the first pic with Paul Tate and Chapman, the third person seated doesn't look anything like William Garretson to me. William Garretson might be standing at the table in the upper left of the pic.

I seen the third person seated in that pic once identified as "Steve" Garretson, I don't know if William had a brother or not, they appear to be looking at each other in the pic.

Panamint Patty said...

Christopher, you are British, correct? Patty is amazed that you can pull all of this together from way the heck over there. Can she ask what attracts you to the Mansons instead of, say, the Cray Brothers? Good Work...cheers!

CarolMR said...

Paul Tate looks so young.

CarolMR said...

FWIW, I think the man seated next to Mrs. Chapman is William Garretson.

MrPoirot said...

Carol that looks like Garretson at the top left standing. You know? The guy who doesn't look like he knows where he's at, I mean. LOL

CarolMR said...

MrPoirot, I just looked at the picture with a magnifying glass and I now think you and Sunset are right. W. Garretson looks more like the guy standing. I thought Garretson was taller than that for some reason. So who is the man seated?

starship said...

Wow! Gregg Jacobsen saw and spoke to CM later in the day of the Tate murders? Good God, what did they talk about?

MrPoirot said...

Carol I wonder myself who that is next to Chapman but the guy has that Richie Cunningham haircut like Steven Parent did. Maybe this is a foto of relatives of the victims at the courthouse?

CarolMR said...

That makes sense, MrPoirot - the victims of the relatives would be there, sitting together. Mrs. Chapman was a victim in a way, also. I'm sure what she found that morning haunted her until she died.

MrPoirot said...

From everything I've read of the morning after the murders both Garretson and Chapman were permanently traumatized by the gruesomeness of seeing their friends butchered up. Chapman went screaming for 20 minutes and fell off the face of the earth once the trial ended. Didn't Bug hunt her down later to see if she was ok? Garretson said himself he didn't try to face what happened for 30 years.

katie8753 said...

Winifred Chapman disappeared in October of 1969 and was found alive and well. She told police she just wanted to be left alone. I guess reporters were bugging her.

From Cielo Drive.com: http://www.cielodrive.com/archive/?p=695

Given the enormity of what happened to her that morning, I'm surprised she didn't just lose her mind completely. What a scary thing to encounter.

BTW, Garretson said in his polygraph test that he has one brother and one sister, but didn't give their names.

MrPoirot said...

Christopher's article mentions the black glasses Sadie mentioned to a cell mate. Sadie said they were fake crime clues.
I read where Sadie said people would freak if they ever found out who the glasses belonged to. She did not say she left the glasses.

In Emmon's book he quotes Charlie as saying the black glasses were left by him on his return trip. He stated they were just an old pair of glasses used around the ranch to start campfires with using the suns rays.

Cielodrive.Com said...

The guy between Winnifred Chapman and Wilfred Parent is Dennis Hearst

katie8753 said...

Carol, Paul Tate does look young. I like his shoes. LOL.

I've read that Doris didn't attend the trial because she was pretty much done. She didn't want to hear that trash about her daughter. I can't blame her. The press was saying all kinds of horrible things about Sharon after the murders. Awful.

Mr. P, I do believe that Charlie left those glasses. Either as a joke, or to throw the police off.

It's ironic that Charlie didn't allow glasses at Spahn's Ranch. But now he wears them. I guess it's different when he needs them....

katie8753 said...

Those glasses had very high powered lenses for a very near-sighted person. I'm wondering if they were an old pair of George Spahn's that he needed before he went completely blind that Charlie found when stalking and spying on him.

If so, that's a sick joke.

Hmmmm......

katie8753 said...

Thanks Cielo! Who is Dennis Hearst?

MrPoirot said...

When Sadie told Virginia Graham she killed Sharon Tate; Virginia asked her to describe the interior of the Tate house for verification. Virginia said she and her hubby visted the Tate house once while attempting to rent it. BS! Virginia had been in the house turning tricks. Maybe Virginia knew Melcher from that too.

Cielodrive.Com said...

Dennis delivered Folger's bike.

MrPoirot said...

https://www.youtube.com/watch?v=6PG9tk5lvUU

This is a 1960 episode of ADVENTURES IN PARADISE produced bY DOMININIQUE DUNNE

katie8753 said...

Thanks Cielo! :)

His last name was Hearst? That's pretty chilling.

Reminds me of what Karl Childers said.

And Doyle says...ask them to send a hearst.

HA HA.

Okay, back to the show.

CarolMR said...

Yes, Katie, Paul had cool shoes. Very handsome man, although I think all three girls looked like Doris. I have read that after Sharon's murder there was a rift between Doris and Paul. This often happens in families after a child has been murdered. Apparently, Doris and Paul, though still living together, basically led separate lives. Very sad, on top of everything else. And very difficult for Debra and Patti. Does anyone know if this is true?

katie8753 said...

Carol, Doris admitted that for years after the murders she didn't have much left and had no interest in most anything. It wasn't until Steven Kay told her those monsters might get out that she finally came back to life.

And yes it's so sad that Debra & Patty lost out. They still needed a mother. Manson didn't just kill Sharon. He pretty much killed that whole family.

CarolMR said...

"He pretty much killed that whole family."

Yes, he did. That's why I always give Debra a lot of slack.

katie8753 said...

Yes Carol, I do too. I can't imagine how they felt. It's one thing to lose a dear sister. And it's another thing to lose your entire family at the same time.

I think that funeral video was the last time they even spoke. Doris took to her bed. That's gotta be awful....

sunset77 said...

Thanx for identifying the third person seated in that pic Cielodrive.

I've seen that pic for a couple of years, it didn't look like William Garretson.

Brian Davis said...

Wow ! What a great job on this post !

dinggo said...

"To partially accomplish this Sgt Manuel Gutierrez of LAPD Homicide testified that Manson entered the courtroom at the beginning of the trial with an X carved into his forehead, and the following day the other defendants followed suit (Kanarek's over-ruled objection that it was an simply an issue of freedom of religion is worthy of a mention here)."

The objection was entirely without merit. Nothing wrong with pointing out that Catholics who don't eat meat on Fridays during Lent are simply following the dictates of the Pope. At least when the point under review is, do Catholics follow the Pope's directives.

Lastly, and by the way, two other items of note:

(1) to borrow from leary and then my own add on, with their courtroom antics, Chucky and the girls largely convicted themselves, however, they did get an assist from Chucky's lawyer, via his use of the photos on his cross of St. Linda. The...How could you do this...was simply priceless.

(2) re the motive, as always, No sense makes sense. I didn't say it, Chucky did. So Helter Skelter it is.

MrPoirot said...

Dinggo it is Linda's comment, "how could you", that has always bothered me. She went along both nights of murder. Was that comment not a question she could have asked and answered to herself? She was one of the killers herself and charged as such. Where did she acquire the moral high ground to make a damning comment like that? It had to have surprised even Bug himself. Was Linda's outburst not a case of the pot calling the kettle black?

dinggo said...

Mr. Poirot, as we all know, even criminals have their own moral code. So St. Linda might have been a murderer, but perhaps the murders were simply too savage, i.e., sure, we were going to kill them, but they didn't deserve to die like that. Or perhaps she thought that she could murder but came to another conclusion on seeing Tex kill Parent.

And Tex on St. Linda:

By that time, though, the true story had been told by Linda Kasabian, the gentle, frightened girl who never actually harmed anyone (and, in fact, saved one life-the actor in Venice) and begged us to stop what was happening at Cielo Drive after it was too late.

And so the gentle, frightened girl, in tears...How could you do this...

And, sometimes, going back to what I said, people don't realize what they've gotten themselves into until the water is over their head(s), as it were.

And for one more on criminals and their moral code(s), Tex found that out for himself, apparently:

I'd grown accustomed to my little cell in the Collin County Jail. I'd had my family nearby. It had been a world I understood, for all the twisting and turning that went on inside my head. Now suddenly I was part of a huge institution where everywhere I looked there were staring eyes and hostility, from guards and inmates alike. I was immediately the object of morbid curiosity and violent hatred. Here was the creep who'd butchered Sharon Tate when she was eight months pregnant!

Lastly, if you've read the rest of Tex, well, then you know that the rankings are:

(1) Krenwinkel (acted with relish on her hot dog, as it were)

(2) Van Houten (pained to do it, he saw that on her face, but felt the need to be a loyal soldier nonetheless)

(3) St. Linda, patron saint of the gentle and the frightened, yet cunning enough to save another human life.

Oh, and if that isn't true, then one wonders what happened between Tex and Krenwinkel, as he does say, at least two times, that she acted with a certain relish. I mean, well, he could go the route of admitting his own guilt and how horrible it all was, to perhaps merely help his vapor thin parole chances, but he could also say as well that St. Linda was not so innocent as he paints her. And he does Leslie a favor, by not only saying that he noticed the pained look on her face, but also that Rosemary was obviously dead by the time Leslie stabbed her. Yet, he does no such favor for Krenwinkel, call her Ms. Relish.

MrPoirot said...

With regards to Leslie: the guy who gave her a ride home from the Labiancas and came back the next day to meet Leslie again. Where the heck is that dude? That guy walked away from fame. I have no doubt he remembers till this day giving Leslie a ride yet he has never come forth. I'd put him right next to the babushka lady who witnessed the JFK assassination but was never found.

Leslie was a striking young girl and easily remembered but she also was carrying the clothes she killed in and some rope which she burned at Spahns. I'd give anything to have been a fly on the window in that dudes car as he asked her, "hey honey, what is the rope for?"

It is well known that the guy came back once to find Leslie but she hid from him. Perhaps he even came back a second time but found the ranch mostly vacant after the raid. He obviously lived close by but deliberately chose never to reveal himself.

MrPoirot said...

AFter years of investigating I can now state publically who the guy was that gave Leslie a ride home from the Labiancas. After he realized who the rope carrying chick was he panicked and moved to England. His name is...............Christopher Butche. OK Chris tell us the whole story. It's no use hiding any longer.

Cielodrive.Com said...

According to a recording I have, Dianne Lake identifies Leslie's driver as someone who was friends with Frank Retz.

MrPoirot said...

Wow Cielo! I had no idea that was known.
Leslie supposedly hid when the driver came back to find her fearing he could place her near the scene of the murders. It would seem the driver would be a major witness against Leslie but yet nothing came of it.
Cielo is this tape posted on your site?

sunset77 said...

There are a number of stories online about Frank Retz and his death, he apparently died when his car plunged into a ravine from a washed out bridge in 1998. An article in the LA Times says:

"Tina Thompson, a neighbor, said the bridge had been "red tagged" as unsafe by city building inspectors because Retz installed the drain himself, then covered it with fill without the proper permits.

"He used to tell me he wasn't going to let the city bureaucracy tell him what he was going to do on his property," she said.

An article in the LA Time the next day said:

In the death of Frank Retz, a businessman and World War II German Army captain, it could not be determined who built the makeshift bridge that collapsed, or how old it was.

Retz had been cited in the past for dumping dirt illegally on his property as well as dynamiting a boulder unnecessarily, said Dave Keim of the Los Angeles Department of Building and Safety.

Keim said inspectors had chalked up Retz's strange behavior to his age, calling him "an elderly man just looking for something to do."

The car in which Retz was a passenger belonged to Helen and Andrew Gattuso, who suffered minor injuries. A friend of the Gattusos who answered the door of their Northridge home Monday said the couple declined to comment about the accident.

The Gattusos had spent Saturday evening with Retz at the Bavarian Haus, a German social club in North Hollywood.

Retz was remembered by friends and neighbors as both a recluse and a colorful character. According to a neighbor, Retz boasted that he was the stuntman for Zorro in the 1950s television series of that name.

However, Roy Clark, a longtime member of the Stuntman's Assn., said he had never heard of Retz and that Buddy Van Horn, a stuntman and later director, had done that work.

"I think this guy was a bit of a Walter Mitty," Van Horn said. "He told his friends he did this stuff. Well, he didn't. I did."

Retz was described as a "decorated German cavalry officer". I looked online for records of a "Frank" Retz (also Franz Retz as not many Nazi's were named "Frank") I couldn't find any records of what unit/s he was in, or what atrocities he might have committed.

Wikipedia says: "The 8th SS Cavalry Division Florian Geyer was a Waffen-SS cavalry Division during World War II. It was formed in 1942 from a cadre of the SS Cavalry Brigade which was involved in anti partisan operations behind the front line and was responsible for the extermination of tens of thousands of the civilian population."

There are many photos of Nazi cavalry online, often hanging partisans in Russia and Poland. I certainly have no proof "Frank" Retz participated in these activities, but I suspect he did.

jeffrey jeff said...

Interesting info on Retz, Sunset.

The Nazis were no strangers to Topanga.

http://parklabreanewsbeverlypress.com/news/2012/04/hitler%e2%80%99s-california-connection/

MrPoirot said...

World safe again.