LOS ANGELES, Jan. 30 – Charles Manson’s attorney Friday blocked prosecution attempts to offer testimony of another murder in the penalty phase of the Tate-LaBianca trial.

Superior Judge Charles H. Older ruled in chambers that prosecutor Vincent T. Bugliosi could not offer evidence against defendant Susan Atkins in the Topanga Canyon killing of musician Gary Hinman in July, 1969.

Older reportedly believed that testimony which appeared to connect the 22-year-old Miss Atkins with Hinman’s murder might prejudice furors against her co-defendants.

The Hinman killing was similar to the Tate-LaBianca murders about two weeks later. He had been stabbed, and “political piggie” had been written on the wall over the body.

Manson and “Sadie” Atkins were indicted in Hinman’s death, but Patricia Krenwinket and Leslie Van Houten were not. According to authorities, the two young women were not present when Hinman died.

Another member of the Manson “family,” Bobby Beausoleil, was convicted of killing Hinman and was sentenced to death.

The prosecution in that case charged that Manson sent Beausoleil and Miss Atkins to extort $20,000 from Hinman and ordered the musician’s death when the victim failed to produce the money.

Bugliosi had called Mike Erwin, 21, a student who found Hininan’s body, and was beginning to question him when Manson’s attorney, Irving A. Kanarek, objected and asked for a bench conference.

Older’s later decision in chambers eliminated about five witnesses and shortened the prosecution’s penalty case three to five days.

When the trial resumes Monday, Bugliosi is expected to call his final witness in the penalty phase — Cpl. Thomas. Drynan, an Oregon State trooper from Salem.

Drynan reportedly will testify that Miss Atkins was carrying a loaded gun and threatened to kill him once when he arrested her in Oregon.

The defense has inclined to the court that testimony on the defendants’ behalf may take 15 or 16 court days.

The prosecution’s first witness in the penalty phase, Bernie (Lotsa Poppa) Crowe, completed his testimony Friday with an expansive “Whew!” as he walked down the courtroom aisle.
The chunky, 28-year-old black musician had repeated under Kanarek’s cross-examination the story of how Manson supposedly shot him.

Kanarek drew an admission from Crowe that he had expected to receive 24 or 25 kilos of marijuana for $2,400 turned over to Charles (Tex) Watson, a Manson follower, in El Monte late on July 31, 1969.

“Lotsa Poppa” claimed on direct examination that the 24-year-old Watson, since declared insane, had proposed to return in 15 or 20 minutes with marijuana but never did, although Watson’s girlfriend, “Rosina,,” and two men named “Del” and “Jim” waited for more than an hour.

Later, back in Rosina’s apartment at 6933 Franklin Ave. in Hollywood, Crowe said, the woman called the Spahn ranch, spoke to someone named “Charlie” and warned that Crowe was going. to “destroy” everyone connected with “Tex” if he didn’t get the marijuana or his money back.

Crowe said Manson and someone named “T.J.” showed up at the apartment between 2 and 4 a.m. on Aug. 1, 1969, and they sat down to talk about the deal with Watson.

When “emotional activity took place,” Crowe testified, Manson pulled a gun, clicked the trigger several times and finally shot the victim in the lower abdomen.

As he “played dead” on the floor, Crowe said, Manson ordered a man named “Steve” to give him his fringed, rust-colored shirt, then Manson kissed Del’s feet and said, “Now we’re even.”

Kanarek explored Crowe’s story in detail, suggesting by his questions that the witness knew a great deal about the illicit narcotics trade.

The attorney’s last question on cross-examination was whether Crowe had been convicted of a felony and was now awaiting sentencing.

Crowe indicated he was.

In other action Friday, Kenneth Daut Jr. was excused as an alternate juror in the case because his wife had been involved in an automobile accident.

Daut, an engineer for the State Highway Department, had been sequestered with the Tate-LaBianca jury since last July.

Superior Judge Charles H. Older scheduled a hearing for next Friday on a motion offered by Kanarek in regard to a regular member of the jury, Mrs. Evelyn J. Hines.

Kanarek will argue for an evidentiary hearing to determine Mrs. Hines’ state of mind, based, he said, on statements by her husband that since she has been locked up with jurors she has begun to drink alcohol.

Bailiffs who have tended the jurors for months denied that Mrs. Hines has had more than a drink or two before dinner.

By JOHN KENDALL