THURSDAY, MARCH 16, 1967
JUDGE BAGERT:
Is the defense ready?
MR. DYMOND:
Yes, sir.
JUDGE BAGERT:
Is the State ready?
MR. WARD:
Proceed.
MR. DYMOND:
Your Honors, we have been advised that the representative of Channel 12 is here with the material called for in the subpoena.
JUDGE BAGERT:
All right, call the witness.
HAROLD JEROME LIDIN, after being first duly sworn by the Minute Clerk, testified as follows:
EXAMINATION BY MR. DYMOND:
Q. What is your full name?
A. Harold Jerome Lidin.
Q. By whom are you employed and in what capacity?
A. I am the news director from Channel 12, WVUE, a Screen Gem station, located in New Orleans, Louisiana.
Q. Mr. Lidin, are you here in response to a writ of subpoena duces tecum which was served on the corporation which owns WVUE, commanding the production in Court of a certain tape recording?
A. I am here in that connection.
Q. What have you brought with you?
A. We have here an audio tape of an interview which was held between Perry Russo and a report of WVUE, Mr. John Korbell.
Q. And was that interview purportedly made on March 1st, 1967, is that the date of it?
A. I do not have the exact date, sir.
Q. Is there any record you can refer or can you refer to the tape?
A. I am familiar with the interview.
Q. You are familiar with it?
A. Yes, sir.
Q. I show you a portion purporting to contain a recording tape, which portion we have marked for identification, D-25, and I ask you whether or not this is the property which you have produced in response to this writ of subpoena duces tecum?
A. That is correct.
Q. Do you also have with you the necessary equipment to play or run this tape in this Courtroom?
A. We have an apparatus and we have a technician from the station.
[Page 216 is missing.]
[EXAMINATION BY MR. OSER:]
A. . . . as I was not in the studio when it was prepared.
Q. Are you in position to say whether or not it contains all the interview or part of it?
A. I do not have first-hand knowledge of it. No, I cannot say I have first-hand knowledge that it contains the entire --
Q. What is your opinion whether or not it contains all the interview or part of it; have you heard this tape?
A. No, sir, I have not.
MR. OSER:
I have no further questions.
EXAMINATION BY MR. DYMOND:
Q. Mr. Lidin, is John Korbell a reporter for Channel 12?
A. He is.
Q. Is he in the vicinity of the building or not?
A. He should be outside the building at the remote unit.
Q. Now, you say this tape is under your general supervision, and in the normal course of events, would such a tape as this be altered or changed or cut off at WVUE?
A. What I am not familiar with is, sir, if the audio tape is the reproduction of the audio section of the interview as it was originally broadcast by us. Subsequent to the original broadcast, it was utilized by the ABC network. On that occasion it was edited, it was shortened. I have not heard this particular tape.
Q. If you heard this tape, would you then be able to tell whether it had been edited or shortened?
A. At the moment I hesitate to say that I could. I would be able to identify it definitely, specific parts, what the Court might consider the gist of that interview; that is, the newsy part of the interview that I am personally familiar with.
JUDGE BAGERT:
By way of suggestion, ask this witness to get Mr. Korbell or somebody else from WVUE, and go somewhere and play it and see if they could come back and verify it.
MR. OSER:
We have no objection to the testimony being introduced.
MR. DYMOND:
At this time, in view of the stipulation made by the State and the witness' testimony, identification, we will ask that it be played and introduced into evidence as Defense-25.
MR. OSER:
The State requests that the witness, Russo, be present when the tape is played.
MR. DYMOND:
No objections.
(Let the record show that the tape was played in the Courtroom, the contents of which are as follows:)
BY MR. KORBELL:
Q. What is your connection with David Ferrie?
A. I just knew him at one time or another, Steve, you got a cab?
Q. Down here in New Orleans?
A. Yeah, down here. Nowhere in Baton Rouge, it was just all down in New Orleans.
Q. How long have you been down? How long were you down here in New Orleans before you went to Baton Rouge?
A. Oh, I lived here all my life, all the way up to '65, and actually --
BY MR. RAMSEY:
Q. Do you know Clay Shaw?
A. Clay Shaw? No, I don't; I don't know Clay Shaw.
Q. Would they have been questioning you and he at the same time together?
A. No, not together, no.
BY MR. KORBELL:
Q. Has the District Attorney been questioning you himself?
A. I would ask you -- that of the District Attorney."
Q. Will you be taking a lie detector test?
A. I don't know of any provisions for a lie detector test.
Q. But you will be back tonight or tomorrow?
A. We have done some tests, but it hasn't been a lie detector test.
Q. What kind of tests?
A. Well, that would be their business to tell you about it.
Q. Was that electronic?
A. No.
Q. Is it on printed form?
A. No.
Q. Were they cross examining you, so to speak?
A. You know you get into a real tedious situation. No, they were just questioning us.
Q. Have you been shown any pictures?
A. No."
Q. Can you divulge who was involved in the pictures?
A. No, I cannot tell you who was -- well, obviously you know Ferrie would be one of them, obviously, but, I mean, I am not going to divulge who was in the pictures, no.
MR. DYMOND:
At this time, in view of the State's stipulation that the transcript, which we have marked D-26, is a faithful transcription of the recording which has just been played here in the Courtroom, the defense will offer and introduce and file in evidence the transcript of said recording, which is marked for identification D-26.
JUDGE BAGERT:
So ordered.