• State Rests Tate Case With ‘Ghastly’ Photos

State Rests Tate Case With ‘Ghastly’ Photos

LOS ANGELES, Nov. 17 – The prosecution rested its case Monday — the 98th day of the Tate-LaBianca murder trial — with introduction of “gruesome and ghastly” photographs of the seven victims.

Prosecutor Vincent T. Bugliosi concluded at 4:27 p.m. and defendant Charles Manson, 36, almost immediately asked once again for permission to represent himself. He was refused.

During the 73 days it took to present the people’s case against Manson, Susan Atkins, Patricia Krenwinkel, and Leslie Van Houten, Bugliosi examined more than 80 witnesses and introduced nearly 300 exhibits.

The array of prosecution evidence included a gun, rope, bloodspotted clothing, bullets, shell casings, fingerprints and dozens of photographs of the victims — in black and white and color.

Paul Fitzgerald, representing Miss Krewninkel, moved quickly through the prosecution exhibit list, offering occasional objections and deferring discussion on the photographs until last. The jury was not present.

When he returned to the photos, Fitzgerald said 74 pictures of the victims fell into three categories — at the scenes, before and during autopsies, and enlargements of autopsy photographs.

He objected that some of the pictures were 8 by 10 and in color and that several were “absolutely horrifying and gruesome.”

Fitzgerald particularly mentioned a picture of the murdered Leno La Bianca, 44, found in the living room of his home with a knife in his throat and a fork in his stomach.

He argued that the large color photographs will create “enormous prejudice” — a “panorama of gore” appealing only to emotion and perhaps unseating the jurors’ judgment.

“Does it make any difference that Voityck Frykowski was stabbed 49 times?” Fitzgerald asked.

Bugliosi maintained that it did.

The prosecutor granted that the photographs are “grotesque, gruesome, grisly and ghastly.” But, he said, they show the multiplicity of wounds and demonstrate premeditation and malice.

“If the defendants committed these murders…if it is their handiwork…the jury is entitled to look at their handiwork.”

With the exception of one color picture eliminated because it was similar to a black and white photo, Superior Judge Charles H. Older admitted 80 photos and coroners diagrams as evidence.

“The court finds the probative value outweighs any possible prejudicial effect,” Older said.

As the judge examined each of the photographs at the bench, defendants Atkins, Krenwinkel and Van Houten whispered and giggled quietly, “Sadie” Atkins sometimes flipped a coin.

Manson spoke up when Older asked the defense what they planned.

Motioning toward the four defense attorneys, Manson said, “I think I can present a better case than the whole bunch of them put together.”

Fitzgerald supported Manson’s request to be his own attorney. The lawyer said many doors have been closed to the defense because prospective witnesses are reluctant to testify unless they know they have “Charlie’s blessings.”’

Older noted that Manson had made the request before several other judges and had been denied. He said he had observed the defendant for more than 5 1/2 months.

“You are hopelessly incompetent to defend yourself in a case of this complexity,” Older said. “I have made that conclusion before and I have made it today.”

Manson shouted, “Then you can conclude the trial.”

The judge adjourned the trial until 9 a.m. Thursday to give the defense time to prepare its case.

When trial resumes, Fitzgerald and the other defense lawyers are expected to move for directed verdicts of acquittal on grounds that the state has not proved its case against the defendants.

Older excused the fury early Monday morning with advice they would not return to court for two or three days.

Before the jurors left, the judge informed them that Miss Krenwinkel had refused to make samples of her printing as ordered by the court.

The 22-year-old brunette, one of Charles Manson’s “girls” since the summer of 1967, told Older that on advice of her attorney, she must “respectfully refuse the judge’s order.”

At the prosecution’s request, the jurist had directed her to print “Death to Pigs,” “Rise,” and “Healter Skelter,” blood writings found in the LaBiancas’ home.

Older advised her that if she refused to print the words the prosecution could argue to jurors, that it demonstrates a consciousness of guilt.

By JOHN KENDALL

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