• Manson Trial on Schedule, Despite Snarls

Manson Trial on Schedule, Despite Snarls

LOS ANGELES, Jun. 14 – The murder-conspiracy trial of Charles Manson will begin as scheduled tomorrow despite apparent legal snarls, surrounding the case.

Defense attorneys said Superior Court Judge Charles H. Older apparently is ready to start jury selection tomorrow afternoon after an in-chambers session with lawyers to spell out the ground rules for the trial.

Sheriff’s deputies at 6:30 p.m. Friday moved Manson, clad in regulation denims and handcuffed, in a small van from the county jail to the Hall of Justice holding facilities.

He was placed alone in a 10th floor cell to await the possible start of the trial.

If the trial starts tomorrow, it will be nearly 10 months to the day after Manson and five of his “family” members allegedly murdered actress Sharon Tate and six others.

Facing murder-conspiracy charges are Manson 35, Susan Denise Atkins 21, Patricia Krenwinkel 22, Leslie Van Houten 10, Mrs. Linda Kasabian 20 and Charles “Tex” Watson 24.

Mrs. Kasabian is expected to testify for the prosecution in exchange for immunity and Watson is still fighting extradition in Texas.

Judge Older’s order to the attorneys to be present tomorrow at 10 a.m. for the closed-door session in chambers came after a brief afternoon hearing during which the jurist removed from calendar a series of pre-trial motions.

The motions included those by Manson and Miss Krenwinkel to suppress certain evidence the prosecution is expected to introduce and a move by Miss Atkins to have the trial delayed once again.

Manson, Miss Atkins, Miss Krenwinkel and Miss Van Houten were not in the courtroom because they had told their attorneys they would not comply with Judge Older’s order to remain seated.

All four were ejected earlier in the day when they defied the order by standing with their arms outstretched and their heads bowed, a position reminiscent of a crucifixion.

The legal difficulties surrounding the case appeared to center upon:

— The absence of Atty. Daye Shinn, representing Miss Atkins who is out of the country because of a family illness.

(Shinn notified the court by telephone that he would “try” to be back tomorrow from Tokyo. However, Judge Older reportedly had been set to issue a “body attachment” — similar to a bench warrant — for the attorney’s arrest and there was a possibility if Shinn did not appear, this might be done.)

— The ruling by Judge Older to take motions off calendar regarding suppression of evidence and the jurist saying that they could be renewed after a jury had been selected.

— The question of whether the defendants themselves will be present in court for their own trial. Attorneys for both the defense and prosecution have said they want the defendants present during all court sessions for fear they may be denied their constitutional rights.

— An upcoming move by the defense attorney for Miss Krenwinkel, Paul Fitzgerald, to dismiss the case against her. (Fitzgerald tried to make his motion in open court Friday, but Judge Older told him to put it in writing and submit it tomorrow.

(It was believed Fitzgerald’s move for dismissal was based on grounds his client’s constitutional rights had been violated by publication of an article, “Porfiry’s Complaint,” in the Rolling Stone, a tabloid underground newspaper.

(The article reportedly is an interview with one of the prosecutors, who was referred to only as “Porfiry,” that recounts the slayings and reveals facts never before made public.)

— The prosecution’s contention it will ask the state supreme court to remove Irving A. Kanarek as Manson’s lawyer on grounds be is an “obstructionist.”

Judge Older has denied such a motion.

— Defense Atty. Ira K. Reiner’s contention he will petition the state court of appeal for a writ ordering Judge Older to allow the defendants to remain in the courtroom.

Judge Older has banished the defendants from his courtroom the past three days saying they disrupted the court.

Earlier Friday Manson scuffled with court bailiffs when they tried to force him to sit down.

One of the bailiffs grabbed hold of Manson’s long brown hair, another handcuffed his right wrist and the third grabbed Manson’s left arm and hand.

Manson said nothing, but as he was being half-dragged and half-carried into an adjacent holding cell he yelled and moaned.

Also led from the courtroom by two female bailiffs were Miss Atkins, Miss Krenwinkel and Miss Van Houten.

During a session in chamber before the hearing got under way, Judge Older had warned the defendants they would be removed from the courtroom if they created a disruption.

Defense attorneys objected to the removal of their clients and Kanarek, Manson’s lawyer, requested medical aid for the cult leader.

Judge Older said Manson would be checked for possible injury.

The proceeding continued normally after the defendants were taken out.

Judge Older denied a motion by Kanarek – and joined in by the defense attorneys Fitzgerald and Reiner — that another co-defendant, Mrs. Kasabian, be given a psychiatric examination.

Kanarek claimed Mrs. Kasabian should be examined by a psychiatrist because she had taken the drug LSD “over 300 times.”

LSD, he said, had a certain effect on a person’s mind and this could affect Mrs. Kasabian’s testimony.

Prosecutor Vincent T. Bugliosi objected, however, saying the court had the discretion to order a psychiatric examination for a witness only if there was reason to believe the testimony would not corroborated.

Mrs. Kasabian’s testimony, he declared, will be corroborated.

Judge Older transferred to Superior Court Judge George M. Dell a prosecution motion for the consolidation of the Tate-LaBianca trial and the Gary Hinman murder case.

Manson and Miss Atkins additionally are charged with murdering the 34-year-old musician in his Topanga Canyon home about three weeks before the Tate-LaBianca killings.

Judge Dell is expected to issue his decision summarily, without another bearing since the matter was discussed in court Thursday.


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