ALOYSIUS J. HABIGHORST, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MR. ALCOCK:
Q: State your full name, please.
A: Aloysius J. Habighorst.
Q: What is your occupation?
A: Police Patrolman.
Q: How long have you been a member of the Police Department?
A: Fifteen and a half years.
Q: Officer Habighorst, do you generally wear dark glasses?
A: I don't generally wear dark glasses. I was involved in a hit-and-run accident yesterday, and this is the only glasses I have until they are able to be repaired.
Q: To what division or area of the Police Department, Officer, are you presently assigned?
A: I am assigned to Section B of the Municipal Court, Judge Andrew Bucaro.
Q: And directing your attention to the month -- or rather the first day of March, 1967, what area or division of the Police Department were you assigned to on that occasion?
A: I was assigned to the Central Lockup, Bureau of Identification.
Q: And at that date -- that would be March 1 -- how long had you been so assigned?
A: Since the opening of the Lockup, which I believe was in December, 1966.
Q: I say subsequent to the date of March 1, 1967 how long were you assigned to the Lockup.
A: The entire time.
THE COURT: When did you leave there?
THE WITNESS: I left there April of 1968.
BY MR. ALCOCK:
Q: Officer Habighorst, what were your duties at the Central Lockup?
A: Fingerprinting and photographing of all arrested subjects.
Q: On the night of March 1, 1967, did you have occasion to fingerprint and photograph the Defendant Clay Shaw?
A: Yes, sir.
Q: Do you see him in the courtroom?
A: Yes, sir.
Q: Would you point to him, please.
A: (Indicating) Sitting next to Mr. Panzeca to his left.
MR. ALCOCK: Let the record reflect that the witness has indicated the Defendant Clay Shaw.
THE COURT: Let it be noted in the record.
BY MR. ALCOCK:
Q: Do you recall approximately what time you first saw the Defendant at the Central
Lockup on that date, that is, March 1?
A: Approximately around 8:00 o'clock, 8:00 p.m.
Q: Do you recall where you first saw him physically in the lockup area?
A: In the -- inside the Bureau of Identification.
Q: (Exhibiting photograph to witness) I am going to show you what I have marked for purposes of identification as "State 59" and ask you if you recognize the room and area depicted in that photograph.
A: This is the Bureau of Identification of the Central Lockup.
THE COURT: Take your time. Speak out loud.
A: This is the Bureau of Identification inside the Central Lockup.
(Whereupon, the photograph referred to by Counsel was duly marked for identification as "Exhibit S-59.")
BY MR. ALCOCK:
Q: Is this the area in which you first saw the Defendant on that night?
A: Yes, sir.
Q: (Exhibiting photograph to witness) I am going to show you a photograph which I have marked for purposes of identification as "S" or "State-58," and I ask you if you recognize this area.
A: This is the booking area immediately outside the Bureau of Identification.
Q: Would that also be in the Central Lockup?
A: Yes, sir.
(Whereupon, the photograph referred to by Counsel was duly marked for identification as "Exhibit S-58.")
BY MR. ALCOCK:
Q: Now, Officer, when you first saw the Defendant in the area of the Bureau of Identification which you have identified in "S-59," who, if anyone, was in his presence or company?
A: Officer Ivon, Officer Loisel, Mr. Wegmann -- one of the attorneys was in and out -- I think Mr. Oser from the District Attorney's Office, other personnel in the Lockup.
Q: Now, you have mentioned the name of Mr. Wegmann. Do you see the Mr. Wegmann that you say was in and out of the B of I area, do you see him in the courtroom?
A: (Indicating) The gentleman sitting immediately to the left of Mr. Shaw.
MR. ALCOCK: Let the record reflect that the witness has indicated Counsel Mr. Edward Wegmann.
THE COURT: Let it be noted in the record.
BY MR. ALCOCK:
Q: Now after Defendant Shaw entered the Bureau of Identification room, what, if anything did you do in relation to him?
A: We were waiting for the Arrest Register to be completed, and it was some time. In order to expedite matters I began to process the fingerprinting of Mr. Shaw, because I was told that he would arrange immediate bail, so to facilitate matters I filled out the fingerprint card with the information that I got from him. It was given to him, he signed his name on it, then his fingerprints was affixed to it. After this was done he was brought outside and he was officially booked and brought the copy of the Arrest Register back, and it was necessary for me to again take a set of flats on the face of the Arrest Register. After this was completed he left the Bureau of Identification and I seen him no more.
Q: Now, prior to your actually fingerprinting the Defendant, did you have a copy of the Arrest Register?
A: No, sir.
Q: What is your procedure, Officer Habighorst, in fingerprinting someone? What questions do you ask, if any?
A: Get from them their age, the full name -- first, middle and last -- place of birth, date of birth, height, weight, color eyes and hair, and any other names that they may use or may be known by.
Q: Is this routinely done with all prisoners?
A: All prisoners that is charged with a crime that would necessitate fingerprinting them -- not like drunks or minor infractions of municipal ordinances, we wouldn't fingerprint.
Q: Are the questions that you propounded to the various defendants or prisoners the same at all times, or generally at all times?
A: Yes, sir, because the information -- it is a standard card.
Q: Now, at the time that you were receiving what information you did from the Defendant, do you recall whether or not there was anyone present in the room?
A: Yes, sir, there was Officer James Millet, who did the actual fingerprinting of Mr. Shaw. Sergeant Butzman was in and out the area. There were people coming in and out all the time.
Q: Referring your attention to State Exhibit 59, which you stated was the area in which you fingerprinted the Defendant, could you show me and mark on this photograph the area where you were at the time you received this routine information from him?
A: (Indicating) Seated here behind the desk, I was seated behind the desk and the typewriter right here (indicating).
Q: And where was the Defendant Shaw?
A: During the time that I was getting the information from him, he was over in this area here (indicating) where he was washing his hands in preparation to taking the fingerprints.
THE COURT: Speak in the mike.
THE WITNESS: He was washing his hands in this area to the left where the wash basin is.
BY MR. ALCOCK:
Q: Do you recall whether or not you elicited all the necessary information from him while he was over by the wash basin, or did you elicit some of it when he was closer
to you?
A: Some of it was by the wash basin and others when he was standing directly in front of the fingerprinting table.
Q: Now, at the time that you elicited this routine booking and fingerprinting information, did you in any way abuse the Defendant physically?
A: No, sir.
Q: Did you make him any promises of any nature?
A: No, sir.
Q: Other than the fact that you fingerprinted him without the Arrest Register, was there anything unusual about the fingerprinting procedure used for the Defendant?
A: No, sir. Some people have one way of doing it and I have another way which is easier for me, which I consider easier for me, and to, like I said, facilitate matters to get him out -- we did have other prisoners to be processed in through there and couldn't bring no one else into this area while they were back in there.
Q: Approximately, Officer Habighorst, how long was the Defendant in this room, the B of I room?
A: Approximately about a half hour.
Q: Did it take you that long, Officer, to elicit this routine information?
A: No, sir, but he wasn't taken directly out after we had finished with him because they was still making up the rough draft of the Arrest Register, and that was the most, I guess, convenient place for him to be seated back there.
Q: Did you have occasion to question him at all after you performed your duties in fingerprinting him?
A: Other than getting the information for the fingerprint card, no, sir, no other conversation whatsoever.
Q: (Exhibiting document to witness) Officer, I am going to show you what I have marked for purposes of identification as "S-60," and ask you if you recognize this document.
A: This is one of the first cards, fingerprint cards, taken of Mr. Shaw by Officer Millet, and because of the lightness of the ink, the impressions on there, he deemed it necessary to take another card.
(Whereupon, the document referred to by Counsel, was duly marked for identification as "Exhibit S-60.")
BY MR. ALCOCK:
Q: Does your signature appear anywhere on that card?
A: Yes, sir.
Q: Does the Defendant's signature appear anywhere on that card?
A: Yes, sir.
Q: Was the card signed in your presence by the Defendant?
A: Yes, sir.
Q: Prior to his signing the card, was he permitted to read the card?
A: Yes, but he requested that he be allowed to read it before he signed it.
Q: Did he make any corrections or deletions?
A: No, sir.
Q: Now, after the Defendant left the B of I area, did you have occasion to handle him at all any further in connection with your duties at the Central Lockup?
A: No, sir. After he had left the B of I, I had other work to be done and I stayed in my immediate area of my office.
MR. ALCOCK: I will tender the witness on the predicate.
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