JAMES J. KENNY, after being first duly sworn by the Minute Clerk, testified as follows:
JUDGE BAGERT:
In order to expedite matters, is it possible that there can be a stipulation as to what he will testify to? I understand that Mr. Kenny is personnel director of Equitable Assurance, is that right, Mr. Kenny?
THE WITNESS:
I am an agency manager.
JUDGE BAGERT:
Just stipulate it and see if the State will acquiesce.
MR. ALCOCK:
I would like to see the record.
EXAMINATION BY MR. DYMOND:
Q. You are Mr. James J. Kenny?
A. Yes, sir.
Q. What is your employment?
A. I am an agency manager for the Equitable Life of New York in Southern Louisiana.
Q. Are you here this morning in response to a writ of subpoena duces tecum served upon the Equitable Life Assurance Company, ordering the production of the employment and personnel records of one Perry Russo?
A, Yes, sir.
Q. Do you have those records with you, sir?
A. Yes, sir.
Q. May I have them?
A. Yes.
Q. Sir, I show you the folder which you brought to this Court, purporting to be a folder containing the employment and personnel records of one Perry Russo, having marked this folder for identification, D-19, and I ask you whether you can identify that folder?
A. Yes, I can.
MR. DYMOND:
At this time we will again ask this folder be delivered to the registry of the Court as possible use for future evidence use, and we will ask that we be permitted at a later date, if necessary, to substitute photostats for the record.
JUDGE BAGERT:
Motion granted.
MR. OSER:
No questions by the State.
JUDGE BAGERT:
You can discharge this man.
MR. DYMOND:
Would the Court determine whether the representative of Tulane University has arrived yet?
JUDGE BAGERT:
See if the gentleman from Tulane University has arrived.