MR. DYMOND: Your Honor, we have sent outside for the original Field Report form on this case, which a witness has outside.
MR. PANZECA: Can I bring that return in, Your Honor?
THE COURT: Can I bring that return in, Your Honor?
MR. DYMOND: The original Field Arrest Report on Mr. Shaw.
THE COURT: Do you have it in your presence?
MR. DYMOND: Right out in the hall. Captain Curole has it. We subpoenaed it.
THE COURT: Is it under subpoena duces tecum?
MR. DYMOND: Yes, it is, Your Honor.
THE COURT: Can't we ask Captain Curole to come in and let him make his return on the subpoena?
MR. DYMOND: Yes, we can. We would like to do that.
THE COURT: Ask Captain Curole to step in.
(Whereupon, Captain Louis Curole entered the courtroom and was duly sworn by the Clerk.)
THE COURT: Captain, did you bring with you anything subpoenaed under a subpoena duces tecum by the Defense?
CAPTAIN CUROLE: Yes, sir, I did.
THE COURT: What have you brought with you?
CAPTAIN CUROLE: I have brought all the records that were in my possession.
THE COURT: Relating to whom?
CAPTAIN CUROLE: The booking and release of Clay Shaw.
THE COURT: May I see them?
(Documents exhibited to the Court.)
THE COURT: Who subpoenaed these, the State or the Defense?
MR. DYMOND: We did, the Defense.
THE COURT: Show it to the Defense, and let me know if you are satisfied that is what you asked for, and, if it is, I will take possession of it until such time as it is needed.
(Documents exhibited to Mr. Dymond.)
THE COURT: Has the Captain brought in what you requested?
MR. DYMOND: Right. We will ask that the record reflect that in response to our sub- poena duces tecum Captain Curole has delivered to us the original of the Field Arrest Report and the original of the Arrest Register Sheet pertaining to the arrest of Mr. Shaw.
THE COURT: May I suggest that you give these an identifying number, for identification purposes only as of this time. That would be "D-15."
MR. DYMOND: Very well. We will mark the original of the Field Arrest Report as "Exhibit D-15," and then we will mark the original of the Arrest Register Sheet as "Exhibit D-16" for identification.
(Whereupon, the documents referred to by Counsel were duly marked for identification as "Exhibit D-15" and "Exhibit D-16.")
THE COURT: Now, on the return by Captain Louis Curole, he is turning those over to the Court, and I in turn am turning them over to Defense Counsel to use as they see fit. As far as the case is concerned, they have not been accepted into evidence as yet.
MR. DYMOND: Right.
THE COURT: -- until the State gets a chance to observe them. If you wish to use either of these exhibits in questioning the witness, I would suggest you show them to the District Attorney first.
MR. DYMOND: We will do that, certainly.
(Documents exhibited to Counsel for the State.)
THE COURT: Do you have any further need of Captain Curole?
MR. WILLIAM WEGMANN: He is under subpoena. He is going to wait in the hall.
THE COURT: You are still under subpoena, Captain. You may leave the courtroom.
(Captain Curole excused.)
To Louis Ivon testimony, resumed
To Louis Curole testimony, resumed
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