WEDNESDAY, MARCH 15, 1967, Court in session.
BY JUDGE BAGERT:
Q. Is the State ready?
BY MR. ALCOCK:
The State is ready.
BY JUDGE BAGERT:
Is the Defense ready?
BY MR. DYMOND:
We are ready.
JUDGE BAGERT:
Do you have the writs on the subpoenas?
SHERIFF HEYD:
Yes, all three have been served. The one for Loyola University was served to Dean Antonio Edward Papale, who is in the back office. The one for Tulane University was served on Mr. William Nelson, Assistant Registrar, and the one for Equitable Life Assurance was served on the secretary of Mr. Kenny, who is in the back office.
JUDGE BAGERT:
All right.
MR. DYMOND:
If the Court please, prior to our having the gentleman take the stand, at this time the defense would like to file applications for two additional subpoena duces tecums. The State has been furnished copies of these. I might state that the addresses of these motions are expecting to receive these subpoena duces tecums, so there will be no undue delay on these.
JUDGE BAGERT:
Have these subpoenas issued, Sheriff.
MR. DYMOND:
If Your Honors please, at this time we will ask that the rule of sequestration of witnesses be enforced, and any witnesses in the Courtroom be excluded.
JUDGE BAGERT:
Let all witnesses step on the outside.
MR. THOMAS RAYER:
I am the attorney for Loyola University. Before the examination of the Dean begins, I would like to preface the return on the subpoena duces tecum with several remarks with respect to the procedure whereby Loyola is making this return. Due to the nature of this case and to the numerous requests that the University had yesterday afternoon by various persons to see the records, I requested the University, through its registrar, to remove these records of Mr. Russo from the files of the University and place them in my custody as the attorney for the University. Subsequently, Mr. Stass, the registrar of the University, and I went to Dean Papale, as well as to his own records relating to the gentleman called for in the subpoena duces tecum, and we have placed both the contents of the law school and the general records of the University in an envelope which Mr. Stass and I sealed, and we listed and itemized the contents of this envelope yesterday afternoon at three-thirty. This envelope has been held in my possession since that time and has remained sealed with both of our signatures. We took this precaution to assure the Court that none of the contents of these records would be divulged outside of the Court, and also to insure that these records would not be in any way altered or lost. So, I would present these to Your Honors at this time.
DEAN ANTONIO EDWARD PAPALE, after being first duly sworn by the Minute Clerk, testified as follows:
EXAMINATION BY MR. DYMOND:
Q. Dean Papale, are you presently Dean of the Law School of Loyola University?
A. I am, sir.
Q. Were you served yesterday with a subpoena duces tecum, or to your knowledge, was the University or anyone in charge there served with a subpoena duces tecum issued by the Court commanding for the production of Loyola University records of one Perry R. Russo?
A. A subpoena duces tecum was shown to me while in my office in the School of Law. It was not addressed to me personally. It was addressed to the School of Law, to the proper official of the School of Law.
Q. And are you here this morning in regards to that subpoena duces tecum?
A. I am.
Q. Dean, I show you what purports to be a record of the Loyola University Law School pertaining to Perry R. Russo, and I am marking same for identification, D-17, and I ask that you peruse that record and tell me whether or not you can identify what it purports to be?
A. Yes, I can identify this record.
Q. That is the record?
A. Yes.
Q. Now, Dean Papale, as Dean of the Law School at Loyola University, would this record be in your direct or indirect custody?
A. This record is in the Dean's office, but more particularly, in an anteroom where my secretary's desk is.
MR. DYMOND:
If the Court please, at this time we are not attempting to introduce this record, but we will ask that the witness deliver it to the registry of the Court for future possible use as evidence.
JUDGE BAGERT:
So ordered. Deliver it to the Clerk.
MR. ALCOCK:
No questions by the State.
MR. DYMOND:
I have been requested to ask the Court and do so ask the Court for leave at a later date, if necessary, to substitute photostatic copies of these records?
JUDGE BAGERT:
Motion granted.