PETER SCHUSTER, a witness for the State, after being duly sworn, did testify as follows:
* * * DIRECT EXAMINATION * * *
BY MR. OSER:
Q. State your name, please.
A. Peter Schuster.
Q. By whom are you employed, Mr. Schuster?
A. Dr. Chetta, the Coroner.
Q. In what capacity?
A. Photographer.
Q. What do your duties entail with the Orleans Parish Coroner's Office, Mr. Schuster?
A. To go out on any violent death, any suspicious death, that they call me on, to be on twenty-four hour call.
Q. And what, if anything, do you do at these scenes?
A. To photograph the scene, the violent scene or the suspicious scene and to photograph the person again back at the Coroner's Office in the morgue.
Q. Your duties also entail the photographs taken in the Coroner's Office in the morgue, is that correct?
A. That's correct, sir.
Q. Mr. Schuster, I direct your attention to the date of February 22nd, 1967, and ask if you were on duty this day?
A. I was, sir.
Q. Did you have an occasion, Mr. Schuster, to go to the location 3330 Louisiana Avenue Parkway in the City of New Orleans?
A. I did, sir.
Q. Mr. Schuster, I show you what the State marks for the purpose of identification as S-3, S-4, S-5, S-6 and S-7 and ask you if you can identify these exhibits and if so, how?
A. I identify them by the photographs and by my name on the reverse side of the photographs, my signature.
Q. Your signature is contained on each one of these exhibits?
A. It is, sir.
Q. And at what time and on what date did you take these photographs, if you did?
A. At 12:50 PM on February 22nd, '67.
Q. You took these pictures yourself, is that correct?
A. I did, sir.
Q. Did you take them at anyone's direction?
A. Dr. Chetta, the Coroner's direction.
Q. Did you develop and print these photographs yourself?
A. I did, sir.
Q. And maintained the negatives in your possession at all times?
A. I did, sir.
Q. Mr. Schuster, I understand you also stated that during your duties as photographer for the Coroner's Officer, you have occasion to take photographs in the Orleans Parish morgue, is that correct?
A. That's correct, sir.
Q. Mr. Schuster, I show you what the State marks for the purpose of identification as S-8 and ask you if you can identify this photograph and if so, how?
A. This photograph I have taken. I identify it by my signature on the reverse side of the photograph and by the photograph.
Q. And will you tell us what date and what time you took this photograph?
A. February 22nd, 1967, at 1:40 PM.
Q. And where was this photograph taken?
A. In the Coroner's Office in the morgue.
Q. Did you develop and print this photograph yourself?
A. I did, sir.
Q. Tender the witness to Mr. Dymond.
* * * CROSS EXAMINATION * * *
BY MR. DYMOND:
Q. Mr. Schuster, in connection with your taking of the photographs which have been marked for identification S-3 through S-7, did you generally familiarize yourself with the interior of the apartment at 3330 Louisiana Avenue Parkway?
A. Well, not too well. I mean, I only took photographs for approximately fifteen minutes and only what I was instructed to take.
Q. Mr. Schuster, I show you a rough sketch of the Ferrie apartment at 3330 Louisiana Avenue Parkway, which sketch does not purport to be a scale drawing and which I have marked for identification D-1, and ask you whether or not you recognize that as a representation of the general interior layout of this apartment?
A. No, sir, I don't.
Q. You do not? What corrections would you suggest with reference to the sketch?
A. Is this supposed to be the front of the house, the entrance, right here?
Q. No, this is the rear of the house.
A. This is the entrance over here.
Q. And the front screen porch here with the steps going up. This is Louisiana Avenue Parkway.
A. The only thing I could -- everything is the way I remember it except the bath, which I did not enter. I don't know anything about the bath, but every other room seems to be in the proper prospective [sic].
Q. I see. Thank you very much. Now, Mr. Schuster, I show you a photograph which we have marked for identification D-2 and ask you to examine that photograph and tell us if you can identify it as what room, if any, it is in the apartment at 3330 Louisiana Avenue Parkway?
A. Appears to be the front porch, the screen porch. It appears to be. The only way I can tell is from the stairway.
Q. Now, referring again to the document D-1, would that be the screen porch on which I am putting a mark, a circle, D-2; would that be the porch to which you are referring?
A. Can I make a statement here? I didn't take this photograph and from my own presumption where it's at, I would say it's on the screen porch.
Q. I see. In other words, you are speaking from your memory of the internal structure of this apartment?
A. That's correct, sir.
Q. That's all we're asking. I show you now a photograph which we have marked for identification D-3 and ask you whether or not you can identify that as what room in the same apartment that it would represent?
A. I didn't enter this room but apparently this is a bathroom.
Q. Would that be the room on which I am putting a mark D-3 and circling it on the exhibit?
A. If this is the only bathroom in the apartment, that is apparently it.
Q. That is correct. I show you now a photograph which I am marking for identification D-4 and ask you whether you can tell me what room on the exhibit D-1, if any, that would represent?
A. This would be the bedroom he was found in, David Ferrie.
Q. That would be this bedroom that I am indicating on the photograph?
BY JUDGE BAGERT:
That's the bedroom where who was found?
A. David Ferrie, sir.
EXAMINATION BY MR. DYMOND:
Q. Is that the bedroom indicated on this sketch D-1 on which I am putting a D-4 inside of circle [sic]?
A. That's correct, sir.
Q. I show you a photograph marked for identification D-5 and ask you whether or not you can identify that and what it represents in the same photograph?
A. May I see D-4 again and compare them?
Q. Yeah.
A. I would imagine this is the same bedroom, from memory.
Q. That is the bedroom in which you testified that Ferrie was found, is that right?
A. On D-4 positively, on D-5 I would imagine so; I'm not sure.
Q. And you would say in your opinion that would be the bedroom on which I am putting D-1, D-5 and 6?
A. That's correct.
Q. I show you now a photograph marked for identification D-6 and ask you whether you are able to identify that photograph with relation to the exhibit D-1?
A. No, I don't familiarize myself with that photograph. The only room I spent very little time in would be this one, marked "RS," and that could possibly be it.
Q. I show you now a photograph marked for identification D-7 and ask you whether you are able to identify that photograph?
A. This is the hallway.
Q. Would that be the area on the exhibit D-1 where I am making a notation D-7 and circling it?
A. It would be, sir.
Q. I show you now a photograph marked for identification D-8 and ask you whether you are able to identify that photograph with relation to D-1?
A. That would be the kitchen.
Q. Is that the same area on the exhibit D-1 on which I am making a notation D-8 and circling it?
A. It is, sir.
Q. I show you now a photograph marked for identification D-9 and ask you whether you are able to identify it?
A. This is also the kitchen.
Q. And the same area on which I am making a notation on the exhibit D-1. Marking the notation D-9 and circling it?
A. It is, sir.
Q. I show you a photograph marked for identification D-10 and ask you whether you are able to identify that?
A. This is the dining room.
Q. Would that be the area on the exhibit D-1 where I am making a notation D-10 and putting a circle?
A. It is, sir.
Q. I show you now a photograph marked for identification D-11 and ask you whether you are able to identify it?
A. That's also the dining room, sir.
Q. And that would be the same area on D-1 where I am now putting a notation D-11 and circling it?
A. That is, sir. That's correct.
Q. I show you a photograph marked for identification D-12 and ask you whether you are able to identify that?
A. That also appears to be the dining room, sir.
Q. And that likewise would be the same area on exhibit D-1 where I am now putting a notation D-12 with a circle around it, is that correct?
A. That's correct, sir.
Q. I show you a photograph marked for identification D-13 and ask whether you are able to identify that?
A. That would be the living room, sir.
Q. That would be the same area on the exhibit D-1 where I am now making the notation D-13 and circling it, is that correct?
A. That's correct, sir.
Q. I show you a photograph marked for identification D-14 and ask that you identify that.
A. This is also the same room, the living room.
Q. Being the same room on the exhibit D-1 where I am now placing the notation D-14 and circling it.
A. That's correct, sir.
Q. I show you now an exhibit marked for identification D-15 and ask whether you are able to identify that?
A. This was in the room I'm pointing to now.
BY JUDGE BAGERT:
What is 14 and 15, Mr. Dymond?
BY MR. DYMOND:
He's not finished with the identification of 15. 14 is the living room.
BY JUDGE BAGERT:
All right. Proceed.
EXAMINATION BY MR. DYMOND:
Q. Would you denote that as a sitting room, say; would that be reasonably accurate?
A. That would be reasonably accurate.
Q. And that is the same area on D-1 where I am now making the notation D-15 with a circle?
A. That's correct, sir.
Q. Officer, now showing you the photographs marked for identification D-6 and D-15 together, I ask you if that gives you any help in identifying D-6?
A. This would appear to be the sitting room, but I still wouldn't state it for sure.
Q. I see. I show you now a photograph marked for identification D-16 and ask you whether you are able to identify that?
A. This would also be what you call the sitting room in D-16.
Q. That would be the same location on the exhibit D-1 where I am now placing the notation D-16 with a circle around it?
A. That's correct, sir.
Q. Officer, I now show you these photographs as a group, that is, the photographs marked for identification D-2 through D-16, and ask you whether, after examining those, you would state that the apartment at 3330 Louisiana Avenue Parkway, upstairs, was in substantially that same condition at the time that you went there for the purpose of taking your photographs on the 22nd of February, 1967?
A. Substantially it is the same. There are some alterations.
Q. Are you able to particularize those alterations or not?
A. For example, the bedding, the way it is stripped off the bed, for one.
Q. Do you know who stripped that off or not?
A. Off hand, I don't.
Q. Anything else?
A. The papers that were on the floor, they are picked up in these photographs here.
Q. Would you mind identifying the photograph to which you are referring for the record?
A. D-13. In D-11 there was also, I'm pretty sure, there was a piece of paper on the table here that is not in this photograph here.
Q. What type of paper was that?
A. Some type of note; I didn't read it. I remember they had a note or something on the table here.
Q. Did it appear to be a letter, a communication or what?
A. Well, I didn't read it, like I say; it appeared to be some type of letter or a letter to someone or a legal document or something. I recall there was something on the table.
Q. Do you recall, sir, whether it was addressed to anyone in particular?
A. No, sir, I didn't even look at it.
Q. Could you describe the type of paper on which it was written, that is, as to color and size?
A. White paper, at least the size of a photograph. I would say roughly it was that size or as the size of your sketch.
Q. And white paper, is that right?
A. Yes, sir, to the best of my recollection.
Q. Was it lined or unlined, sir? If you remember.
A, I didn't look at it that well, sir. I just saw it from a distance.
Q. Do you recall if it was written in pencil or ink?
A. I think it was typed; I'm not sure, now, about that either. Because, like I say, I didn't read it; I just saw it from a distance.
Q. Now, do you find any other differences in the appearance of the apartment?
A. That's roughly it.
Q. In other words, you would not say then that the location of any furniture had been changed at all or that any material changes had taken place other than the ones which you have just outlined?
A. As far as rearranging of furniture or anything, I don't notice anything that would have been moved.
Q. That will be all.
BY MR. OSER:
The State has no further need for Mr. Schuster, if the Court please, and ask that he be relieved from the subpoena.
BY JUDGE BAGERT:
Any objection?
BY MR. DYMOND:
We have no objection.
BY JUDGE BAGERT:
All right, sir, you may leave. Thank you.