The Search for the Motive 10 page

Ira Reiner had been fired for one reason, and one reason only. He had tried to represent his client to the best of his ability. And he had properly decided that his client was not Charles Manson but Leslie Van Houten.

There was a slight but perceptible smile on Manson’s face. With good reason. He had succeeded in forming a united defense team. Although Fitzgerald remained its nominal head, it was obvious who was calling the shots.

O n July 21 the six alternates were sworn, and they too were sequestered.[65]Jury selection had taken five weeks, during which 205 people had been examined and nearly 4,500 pages of transcript accumulated.

It had been a rough five weeks. Older and I had clashed on several occasions, Reiner and Older even oftener. And Older had threatened four of the attorneys with contempt, carrying through on one.

Three were for violations of the gag order: Aaron Stovitz was cited for an interview he had given the magazine Rolling Stone ; Paul Fitzgerald and Ira Reiner for their quoted remarks in the Los Angeles Times story “TATE SUSPECTS TRY TO SILENCE LAWYERS.” Though Older eventually dropped the contempt citations against all three, Irving Kanarek was less lucky. On July 8 he was seven minutes late to court. He had a valid reason—it was very difficult to find a parking space at the time court convened—but Older, who had previously threatened Kanarek with contempt when he was just three minutes late, was not sympathetic. He ruled Kanarek in contempt and fined him twenty-five dollars.

W hile we were busy selecting a jury, two of Manson’s killers were set free.

Mary Brunner was reindicted and rearrested for the Hinman murder. Her attorneys filed a writ of habeas corpus. Ruling that she had fulfilled the conditions of the immunity agreement, Judge Kathleen Parker granted the writ and Brunner was released.

Meanwhile, Clem, t/n Steve Grogan, pleaded guilty to a grand theft auto charge stemming from the Barker raid. Van Nuys Judge Sterry Fagan heard the case. He was aware of Grogan’s lengthy rap sheet. Moreover, the probation department, usually very permissive, in this case recommended that Grogan be sentenced to a year in the County Jail. Aaron also informed the judge that Clem was exceedingly dangerous; and that he had not only been along on the night the LaBiancas were killed, but we also had evidence that he had beheaded Shorty Shea. Yet unbelievably enough, Judge Fagan gave Clem straight probation!

On learning that Clem had returned to the Family at Spahn Ranch, I contacted his probation officer, asking him to revoke Clem’s probation. There was more than ample cause. Among the terms of his probation were that he maintain residence at the home of his parents; seek and maintain employment; not use or possess any narcotics; not associate with known narcotics users. Moreover, he had been seen on several occasions, even photographed, with a knife and a gun.

His probation officer refused to act. He later admitted to LAPD that he was afraid of Clem.

Though Bruce Davis had gone underground, most of the other hard-core Family members were very much in evidence. Some dozen of them, including Clem and Mary, haunted the entrances and corridors of the Hall of Justice each day, where they would cast cold, accusing stares at the prosecution witnesses as they arrived to testify.

The problem of their presence in the courtroom—a concern since Sandy had been found carrying a knife—was solved by Aaron. Prospective witnesses are excluded when other witnesses are testifying. Aaron simply subpoenaed all the known Family members as prosecution witnesses, an act which raised a tremendous furor from the defense but made everyone else breathe a little easier.

JULY 24–26, 1970

Date: 2015-12-18; view: 703