(Court in session.)
PERRY RAYMOND RUSSO, after being recalled to the witness stand, testified as follows:
EXAMINATION BY MR. DYMOND:
Q. Russo, these questions are pertaining to your visit to the District Attorney's office on the day you got here from Baton Rouge, which is February 27th, 1967; now, you have testified you were shown some forty or fifty photographs, is that correct?
A. Yes, sir.
Q. Now, I show you a photograph which has been marked for identification, D-23, purporting to be a photograph of Lee Harvey Oswald, and I ask you whether, to the best of your recollection, that was one of the photographs shown to you on February 27th?
A. Yes, sir.
Q. Were you also shown a photograph of Dave Ferrie?
A. Yes, sir.
Q. And did you identify that photograph?
A. Yes.
Q. Did they tell you whose photograph it was or not?
A. They never told me any names. They just showed me pictures.
Q. Do you recall any of the other photographs which were shown to you on that date?
A. The defendant.
Q. Didn't they tell you who that was, did they?
A. No, sir.
Q. Did you identify the photograph at that time?
A. Yes, sir.
Q. After you identified the photograph, did they tell you who it was?
A. No, sir.
Q. Russo, as I understand it, you have lived here in New Orleans just about all your life, with the exception of about two years, is that correct?
A. Also I lived for a month on vacation in Mississippi, where my grandmother lives.
Q. I mean that this has been your home and you have spent a great majority of your life here, haven't you?
A. Yes, sir.
Q. And I understand you majored in political science in school?
A. Yes, sir.
Q. So, you are a fairly, reasonably regular reader of the newspapers here in town?
A. I run cycles on that.
Q. What do you mean by that?
A. In other words, if I have a bunch of tests, I don't read the newspapers because I am studying for the tests, and maybe for two weeks I just glance at it.
Q. In other words, you did not let the newspapers interfere with your studies, is that right?
A. No, sir, never.
Q. But other than letting the newspapers interfere with your studies, would you say you read them with reasonable regularity?
A. I read the paper. I look, I can tell you how I read the paper. I don't know if you consider that reasonable regularity.
Q. Being a political science major, weren't you interested in international affairs?
A. I would read the front page and the editorial page, and then the sports page.
Q. Is that all?
A. That was my routine with some exceptions.
Q. During the time that you read the newspapers, which I would assume would be most of your adult life, have you ever seen Clay Shaw's picture in the newspapers?
A. No, sir.
Q. You never have?
A. No, sir.
Q. Have you ever seen him on television before his arrest?
A. Not to my recollection, no.
Q. You never have?
A. No, sir.
Q. As I recall your testimony, it was to the effect that the first time that you ever saw Clay Shaw was when President Kennedy visited here in New Orleans, which I believe was back in 1962, is that right?
A. I recall '61, but I am not sure.
Q. You may be correct, '61?
A. Yes.
Q. Where did you see him at that time?
A. At the warehouse of the Nashville Wharf, the shed.
Q. Approximately how many people were there at the time?
A. There were a lot.
Q. It was a terrifically large crowd, wasn't it?
A. Not terrifically. There was room for more.
Q. Over a thousand people?
A. I am not willing to estimate.
Q. Had you ever seen Clay Shaw or a picture of him before the event of the President's visit in New Orleans in 1961 or 1962?
A. Possibly once before, but I am not sure of that.
Q. You say possibly once before; when would that have been?
A. It might not have been the same man, because I was very young and it was the Republican Headquarters and a local election, and it was around Camp Street on a corner, and he was just there, and I noticed him, but I don't know if it was the same man.
Q. Now, who else did you see when President Kennedy visited here?
A. I saw President Kennedy.
Q. Who else?
A. I saw some other, what I considered Secret Service men at that time. I saw people, everybody in the crowd.
Q. Do you remember anybody by name that you saw there?
A. No, sir, except President Kennedy.
Q. Would you say that the reason you remember having seen Clay Shaw there at that time is that he was not looking at the President, is that right?
A. Yes, sir.
Q. When was the first time that you ever explained that or related that to anyone, that is, having seen him upon the occasion of President Kennedy's visit?
A. In Baton Rouge, to a member of the District Attorney's staff.
Q. That would be some six years after you saw him, is that right?
A. Yes, sir.
Q. And you remember or remembered at that time having seen one man out of that throng of people who you remember as not looking at the President, is that right?
A. Yes, sir.
Q. How many years did you go to Loyola?
A. Three and then one in Law School. So, four.
Q. Did you ever attend any of the functions at Loyola wherein they had people speak to the student body or to portions of the student body?
A. Yes, sir.
Q. Did you ever attend any function at which Clay Shaw spoke to the student body or portions of the student body?
A. Not to my recollection, no, sir.
Q. Do you remember any appearance by him being advertised on the Loyola campus?
A. Not to my recollection, no.
Q. Were you aware of the fact that Mr. Shaw was the managing director of the Trade Mart here in New Orleans?
A. No, sir.
Q. Did you know that the Trade Mart had a managing director?
A. I never did think about it.
Q. Had you ever heard his name mentioned prior to his being investigated in this case?
A. To my recollection I never heard the name of Clay Shaw in my life until just recently.
Q. Is it not a fact that you testified that when you saw Mr. Shaw upon the occasion of the President's visit here that you thought he was a United States Secret Service agent?
A. I don't recall the specific words I used, no.
Q. Well, did you think that or not?
A. At that time?
Q. Yes.
A. Yes, sir.
Q. Why?
A. Well, could I describe the circumstances?
Q. Sure, go ahead.
A. Well, the Nashville Wharf shed is long and I figured I was late. But President Kennedy got there late. Well, he might have got there late, I don't know, and I got there and he drove up with the sirens and all of that and with some introductions he made a speech and he had a nice tan. That is the first time I ever seen him except on television, and then because I got there late and I ran to an exit to see the President drive up in a car, and I ended up in the back of a group and I moved around a couple of times, but basically I ended up in the back of the group, and there was some room back for more people. And so, the President was up on a rostrum or podium or a speaker's platform over this way, and there was a group of people in between the man and the President, and I was at a sort of the tail end of the group. Then in between me and the group in the back was the person I subsequently knew as Mr. Bertrand, and he, at that time, as I recollect, he was with a friend or maybe someone, maybe someone he had met there, I don't know, and the man he was with or had talked to, was looking at the President and he was looking around to the back. He was looking, I guess even saw me, he probably did. He looked at the exit and the people around and I made a remark to someone I was standing next to, I said that that has got to be a Secret Service man. He was the only man not looking at the President, and whoever I was talking to at that time said, "Well, it has got to be." It is just one of those things. You don't get to see the President every day.
Q. Now, did you later do any investigation to find out whether this had been a Secret Service man?
A. I made that remark to the District Attorney's office.
Q. Did anything occur between the occasion of President Kennedy's visit to New Orleans and mid-September of 1963 which would have changed your belief that the man you saw there was a Secret Service man?
A. Well, I had a conversation with Mr. Bertrand when I walked in the first time I was ever introduced to him, just small words, it was just a little talk, but it was just conversation.
Q. When was this?
A. At Dave's house. I had walked in that party night and could I amplify a little bit further?
Q. Go ahead.
A. It was not a party as such. It was the way I termed it. Whenever three or four or five people get together and drink and talk and maybe listen to records, that to me was a party, because all of my friends from school, we never had any money, and you know, you had to just drink a Coke, share a beer, and listen to records. So, my house was sort of an open house to everybody that came over. And so, we had been sitting down, maybe seven or eight of us, and we would go off, let's go to the lake and go swimming, let's go up to Dave's house or something to that effect, and everybody would do it, or the ones that couldn't wouldn't, you know. They say, I have to be home, I have to study, one thing or another, and they would cancel out, but that was our custom. It was not really a party as such. Just walked in and there was a bunch of people and Ferrie introduced me, you know, everybody in there, and when I was introduced to him, I said, "I know you, weren't you at the Nashville Wharf," and he looked at me like that, and I don't remember what he answered me to that. I said, "I thought you were a Secret Service man," and I knew a Secret Service man wouldn't be there, you know, because Dave's house was in a shambles. Mr. Bertrand was well-dressed, in my opinion, in contrast to these other people. I said, "I know you, don't I." I looked at him and said, "You were at the Nashville Wharf, weren't you," and I don't know what was said to that, and I sort of laughed, and I think I told him that I thought he was a Secret Service man, but I am not sure if I said that then.
A. If he had been a Secret Service man, would you have expected him to admit it when you asked him that at such a function as you described?
Q. I don't know if I asked him that. He might admit it and he might not admit it. It would depend on his business.
A. Had there been any occurrence or anything that came to your knowledge which would have dispelled your feeling that this man was a Secret Service man?
Q. I had never seen him in between. When I saw him at the Wharf, I did not think about it afterwards because I had read in the papers that the Mayor of New Orleans had ordered St. Charles -- some dips in the street, and he had ordered it paved so that when the Presidential motorcade came and the President was riding, the car would not bounce. So, I figured if they were going through all the precaution, all the policemen around, and there was another car following the President, I think, about six or seven Secret Service men in it, so, I figured everybody was all over the place.
Q. Wouldn't you have felt awfully uneasy being present in a group of four men while the assassination of the President was being planned if you felt or suspected that one of those four men was an agent of the United States Secret Service?
A. No, sir.
Q. That wouldn't affect you, is that right?
A. Yes, sir. He seemed to dispel to me at that meeting, you know, I don't recall this conversation, I don't know his words. He seemed to dispel to me that relationship. This was early in the night when we first got there, the beginning of the party, or at least when we first began. I just either forgot it or something.
Q. You don't think the Secret Service operators operate secretly then, do you?
A. I am sure they do.
Q. And you say it would not have worried you, being uneasy, being in the presence of a suspected Secret Service agent?
A. No, it would not.
Q. Now, it is your testimony that after you identified a picture of the person known to you as Clay Bertrand in the District Attorney's office on February 27th that you were not told who the name of the man was who you had identified?
A. No, sir.
Q. When was the first time that the photograph which you have identified was related to this defendant, Clay Shaw?
A. I don't recall. I was -- suppose after he was arrested. Then I knew who he was then. Everybody said it on television, but to me, that would be an alias, and I knew another man's name.
Q. So, prior to February 27th, 1967, in your opinion, you had been seeing a man whom you knew as Clay Bertrand --
MR. OSER:
Your Honor, I am going to object. The witness has never said Clay Bertrand. Mr. Dymond keeps using the person of Clay Bertrand. The witness has referred to the defendant as having known him as Clem Bertrand.
MR. DYMOND:
That is all right.
MR. OSER:
It is not all right. I am objecting to it.
EXAMINATION BY MR. DYMOND:
Q. -- several times and sufficiently frequently for you to recognize him without question, is that right?
A. Yes, sir.
Q. Were you again in the District Attorney's office on March 1st of this year?
A. I was in there. Yes, sir.
Q. While in the District Attorney's office on March 1st, did you have an occasion to see the man to whom you refer as Clem Bertrand?
A. Yes, sir.
Q. Where did you see him?
A. In one of the offices.
Q. Were you and he sitting in the same office?
A. No, sir.
Q. Did you have an occasion to speak to him?
A. No, sir.
Q. From approximately what distance did you see him?
A. Maybe eight or ten feet.
Q. Was that through a doorway or were you in the same room or what?
A. I was in the next room.
Q. Could you see him through a doorway, or how could you see him?
A. Well, there was a door, yes.
Q. Was the door open?
A. The door was not open.
Q. How could you see him?
A. There was a dual mirror, a one-way mirror.
Q. In other words, you were put in an office where you could see Clem Bertrand without his seeing you, is that correct?
A. Well, I was put in the other room to make another identification.
Q. You were put in another room in what?
A. To make another identification of the same man.
Q. When you refer to a one-way mirror, what do you mean by that?
A. Well, I don't know from the other side, but I guess I could see through it and no one else could see back. I don't know if they couldn't, but I am sure they couldn't.
Q. If you could see through it, how do you know it was a mirror?
A. I was told that or heard that or something.
Q. Who told you that?
A. Probably one of the members of the staff. I don't recall.
Q. Do you remember whether anybody told you that?
A. I am sure they did.
Q. Could you hear what Clem Bertrand, as you call him, was saying?
A. No, sir.
Q. Could you hear any conversation which was going on in the room where he was?
A. No, sir.
Q. Did they tell you who was in there in the room?
A. No, sir.
Q. So, you were never told who was in that room behind the one-way mirror, right?
A. No, sir. They asked me to stand in there and should I see anybody familiar that walks into this room, then I would tell them. And even, well, of course, I would tell them too, and about five or six men walked in at different times.
Q. Tell us where this room is located, the room you make reference to?
A. I can show you. I could not tell you.
Q. Is it in the DA's office or not?
A. Yes, sir.
Q. Were you sitting in the office of one of the Assistant District Attorneys?
A. It is not an office of an Assistant. No, sir.
Q. Describe the room you were sitting?
A. Maybe ten feet by ten feet. They have a machine in there and some boxes. I don't know if those were full or not, and there was a bench, a table, but higher than the normal table, and that would be about all I remember of it right now.
Q. Do you know where the switchboard is, to the left as you walk into the main entrance of the District Attorney's office?
A. Yes, sir.
Q. In relation to the location of this switchboard, where is the office in which you were sitting?
A. To the left. Let me make my directions and then see if you understand me. You walk into the DA's office, the front door right over there, and to the left is the switchboard. Now, this office that I am talking about is to the left. In other words, as soon as I walk into the door I have to go to the left.
Q. And do you have to go down a hallway to get to it, a hallway within the DA's office?
A. Yes, sir.
Q. Approximately how many doors on the right do you pass before you turn into this room?
A. I am not sure of that. I would feel one, but I am not sure.
Q. Now, Russo, you have made certain statements in your testimony about knowing that David Ferrie was able to hypnotize people, is that corrects?
A. Yes, sir.
Q. Upon what did you base those statements?
A. His demonstration and his subsequent talk, you know, his explanation of it to me.
Q. Did you ever see him hypnotize anybody?
A. Yes, sir.
Q. Who?
A. Al Landry.
Q. Al Landry?
A. Yes, sir.
Q. Where did that take place?
A. In his Kenner home, in Dave's Kenner home?
Q. Anybody else besides Al Landry?
A. That I have ever been present before?
MR. ALCOCK:
I am making an objection as to redundancy. We have already been over this. He testified about sticking of the arm, about the needle-type instrument. Mr. Dymond is going right back over the same thing he was on yesterday.
MR. DYMOND:
No, I'm not.
JUDGE BAGERT:
Objection overruled.
THE WITNESS:
No, sir.
EXAMINATION BY MR. DYMOND:
Q. Did he ever hypnotize you?
A. We differed about it. He tried once.
Q. In whose opinion was it successful, yours or his?
A. Well, he had reservations about it himself.
Q. What was your feelings about it?
A. I was negative about it.
Q. Was there any differences between the procedures he used and the procedure Dr. Fatter used in hypnotizing you?
A. Many differences.
Q. Primarily what?
A. Well, Dave attempted to use a coin or some type of flashy object, and Dr. Fatter talked to me a lot.
Q. Russo, I show you a photograph which has been marked for identification, D-27, and I ask you whether you recognize the person depicted in that photograph?
A. No, sir.
Q. Is it your testimony you have never seen that person before, to the best of your knowledge?
MR. OSER:
I object to that type of question. I think it could be put in a better phrase.
EXAMINATION BY MR. DYMOND:
Q. Have you ever seen this man before, to the best of your knowledge?
A. Not to my recollection. I don't recognize the photograph.
Q. I show you another similar photograph, marked for identification, D-28, and I ask you whether you recognize that photograph, and whether, to the best of your knowledge, you have ever seen that person before?
A. No, sir. The photograph is not clear. That photograph does not ring a bell. I don't know who that is.
Q. Now, getting to the meeting which you have testified took place at the apartment of David Ferrie on Louisiana Avenue Parkway in mid-September of 1963, I want to ask you whether, either at that meeting or at the party preceding the meeting, there were any Spanish-speaking men there, one of whom had a beard?
A. Yes, sir.
Q. Were they dressed in fatigue uniforms, that is, khaki uniforms, or are they of similar material to khaki?
A. Yes, sir, some were.
Q. Do you know the names of either one of these men?
A. Yes, sir.
Q. What are those names?
A. They were introduced to me as Julian, or something like that, and Manual.
Q. Do you know the last names?
A. I was supposed, I was told that, but I don't recall.
Q. Which one had the beard, Julian or Manual?
A. I don't think either one of those had the beard. Maybe one of them did. I don't recall. They were just new people to me.
Q. Did anyone there have a beard or not?
A. The roommate.
Q. By the roommate, who do you mean, Oswald?
A. Oswald, yes.
Q. Let's get that clarified; do you mean he had what appeared, a deliberately grown beard, or was he merely unshaven for a few days?
A. He was unshaven.
Q. Would you say he was sloppily dressed or not?
A. Yes, sir.
Q. Did you ever see Oswald when he was not sloppily dressed?
A. Yes, sir.
Q. When?
A. When he was leaving.
Q. Leaving for where?
A. He was going to Houston.
Q. When was that?
A. Sometime the first week or so of October.
Q. You say just before he left for Houston he was neatly dressed, is that right?
A. Yes.
Q. Was he cleanly shaven?
A. Yes.
Q. So, just before he left for Houston, the end of September or early October of 1963, you saw Oswald -- Leon Oswald, as you knew him -- cleanly dressed, neatly dressed, and cleanly shaven, right?
A. Yes, sir.
Q. Now, will you tell me why, after having seen him cleanly shaven, you could not identify the photograph, D-23, until it had had whiskers put on it?
A. Because I was only there for maybe eight or ten minutes at the most, and Ferrie and he were discussing this. I knew it was the same man because they just talked the same. He looked the same except I did not take great notice of him.
Q. But you had seen Oswald cleanly shaven before the publicity pictures, before the television shows and such after the assassination?
A. Maybe six or eight, ten minutes.
Q. Still, it is your testimony you did not recognize the television pictures, the newspaper pictures that you saw of Lee Harvey Oswald as the same Leon Oswald whom you had seen clean-shaven and without a beard for approximately ten minutes, is that right?
A. Yes, sir.
Q. And those ten minutes constitute the only time you ever saw him cleanly shaven, is that right?
A. That I can recall, yes, sir.
Q. The only time you saw him neatly dressed too, is that right?
A. Well, he wasn't dressed sloppily. He wasn't dirty.
Q. He wasn't dirty but he was sloppy, is that correct?
A. No. I am not saying sloppy. He wasn't sloppy, but he wasn't dressed as Mr. Bertrand was.
Q. Now, would you describe his dress other than on the one occasion just before you saw him leave for Houston?
A. Other than that?
Q. Yes.
A. He had dirty tennis shoes or like low, you know, cut tennis shoes, and some type of pullover shirt, but not a T-shirt, just a pullover shirt, and he had dirty pants on, and he looked, you know, his hair was messed up and this just gave of a sirty appearance, like a beatnik.
Q. Like a beatnik, you say?
A. Yes, sir.
Q. You say he had usually dirty pants on?
A. Well, he was dirty. I took it for granted the pants was dirty.
Q. You say he was dirty?
A. Yes, he looked that way.
Q. Would you say the only time he did not look dirty was the time he left for Houston when he was clean-shaven?
A. That is the only time I saw him.
Q. Approximately how many times did you see him other than that one occasion when he was clean-shaven?
A. Three or four, including that one occasion, excuse me, the most.
Q. What part were you to play in the assassination planned on Louisiana Avenue Parkway?
A. I had no part.
Q. That is right.
A. No, sir.
Q. To your knowledge, did he know you or know anything of your background?
A. Of my background, no, sir.
Q. Were you given any instructions by anyone present at that meeting to the effect that you were not to tell anybody about it?
A. There was a -- Oswald and Bertrand disputed, you know, they did not like me there. And there was a hesitation about the whole thing until there was some words by Ferrie, Mr. Bertrand, and Oswald.
Q. What were these words?
A. Well, I don't recall the exact conversation, but it went something to the effect, you know, a lot of profanity was used, what is he doing here by Oswald, and Mr. Bertrand said not to make no profanity.
Q. Did anybody ever tell you not to say anything about this meeting, about this plan?
A. Nobody ever told me anything about that.
Q. Just what were Oswald and Bertrand talking about, what were the words when this profanity went on?
A. I don't really understand the question.
Q. What was the basis of the argument, if one existed?
A. Well, they told, Oswald looked up at me or looked over to me and looked over at Dave and said, "What in the hell is he doing here," or something to that effect, and at the same time, or maybe a few seconds later, Bertrand chimed in and said that it is risky or you shouldn't have anyone here, that kind of stuff. Now, I was sitting at an anterior part of this -- in other words, I was at one section in this living room, and they were just seated and Dave was walking up and down, and he said, "Forget him, he is all right, he don't know anything, and it don't make any difference with him."
A. Approximately how big was that living room?
Q. I could not estimate. I could point out, take you there.
A. I show you a photograph which has been previously marked for identification, D-14, and I ask you whether or not that is the living room to which you make reference, where this meeting took place?
Q. This looks like it from this furniture and general layout, yes.
A. Taking this photograph, will you place an "F" on that photograph at the spot where David Ferrie was located within that living room depicted by that photograph?
A. Well, he did not stay in one place.
Q. Did he ever sit down or not?
A. I recall him mostly moving around, but I am sure he sat down.
Q. Where did he sit down?
A. I don't recall exactly where he sat, no, sir.
Q. Did Clem Bertrand sit down or not?
A. Yes, sir.
Q. Where did he sit, and I ask you to put a "B" on the photograph at the location where he sat?
A. He sat on the sofa in this area.
Q. I take it then that the sofa to which you make reference does not show up on the exhibit offered for identification, D-14?
A. This looks a little bit like it, but I am not sure. I cannot see the whole thing.
Q. I notice that you have put a "B" in the lower right-hand portion of that paragraph?
A. Yes, sir.
Q. Would that be approximately where the sofa was?
A. It was somewhere here. I don't know where the wall is.
Q. Now, how about Leon Oswald, did he walk around or did he sit down?
A. Well, during the party he was over in this area a lot. There was a piano there when I was there. He was in this area a lot, and he talked to some Spanish guys and he did not say much during the party.
Q. You say he talked to some Spanish guys; I am referring now to the time after the party boiled down to four men; were any Spanish men present then?
A. No, sir.
Q. Now, the indication you have placed on the photograph as to where Clem Bertrand was sitting, does that still hold good as the four-man gathering is concerned?
A. Yes.
Q. With reference to the four-man gathering, where was Oswald; put an "O"?
A. I would recognize this as the piano chair. I am not sure it is, but he was seated here, and sometimes he would move to the sofa. He was fidgety under the circumstances and sort of detached. He would move from here. He stayed around this area. It wasn't a tremendous amount of movement except for Dave.
Q. Where were you?
A. Over here. They had a --
Q. I will ask you to put an "R" --
MR. ALCOCK:
I object. Mr. Dymond is asking a question before the witness is finishing his answer.
JUDGE O'HARA:
All of this is doing the Court no good. We cannot see. I can see what he is marking and they cannot. All of the testimony in the last couple of minutes I could see it [sic].
JUDGE BAGERT:
Is that photograph D-14?
MR. DYMOND:
Yes, sir.
JUDGE BAGERT:
I will look at it afterwards. Go ahead.
EXAMINATION BY MR. DYMOND:
Q. You say that this photograph, D-14, represents a faithful reproduction of the living room at the premises 3330 Louisiana Avenue Parkway, is that right?
A. No, sir.
Q. What is inaccurate about it?
A. Well, there were a lot more chairs from the dining room; it was more papers on the floor, more, and it was not clean, you know, but not clean, but it does not have papers on the floor, except this, and this is not cluttered up. But if that is the same one, it was always cluttered.
MR. DYMOND:
In connection with this witness' testimony we would like to offer, file, and produce this photograph in evidence.
MR. ALCOCK:
No objections.
JUDGE BAGERT:
All right.
MR. DYMOND:
At this time, by agreement of counsel for the State and the defense, we would like to offer, file, and produce in evidence the photographs marked for identification as D-2, D-7, D-10, D-11 and D-12, with the stipulations that these are photographs which were taken by Mr. Ralph Sneed, on the 11th day of March, in the year of 1967.
MR. OSER:
And also they represent the scene as it was depicted on March 11th, 1967.
MR. DYMOND:
That is correct.
MR. OSER:
Also, in conjunction with the stipulation between the State and the defense, the State offers, introduces, and files into evidence that which has been previously marked for the purpose of identification, S-4, S-5, S-6, S-7, the photographs of the apartment of Dave Ferrie, taken on February 22nd, 1967, at 12:50 PM, by Peter Schuster, photographer for the Orleans Parish Coroner, and depicts the scene as it was displayed on February 22nd, 1967.
MR. DYMOND:
No objections.
EXAMINATION BY MR. DYMOND:
Q. Mr. Russo, I show you the photograph marked for identification as D-6 --
JUDGE BAGERT:
For the purpose of the record, let it be recorded that in view of the stipulations, all of these documents are admitted into evidence.
EXAMINATION BY MR. DYMOND:
Q. I show you a photograph marked for identification, D-6, purporting to be a photograph of the hallway of the residence of 3330 Louisiana Avenue Parkway; can you identify that?
A. From this angle I am not sure.
Q. Do you recognize that as the hallway of 3330 Louisiana Avenue Parkway, do you, sir?
A. From that angle I don't want to say yes or no. I am not sure from that angle.
Q. I show you a photograph purporting to be a photograph of the kitchen of that residence, the same being marked for identification as D-9, and I ask you whether you recognize that as such?
A. No, sir. I have never been in the kitchen.
JUDGE BAGERT:
We will take a recess now, a lunch recess, until two o'clock.
(Court is adjourned until two o'clock.)