MR.
BROWNING: Call Edward (sic) Shea. THE COURT:
Mr. Shea, would you step forward and be sworn. EDEN E.
SHEA, called as a witness on behalf of the plaintiff, having been first
duly sworn, was examined and testified as follows: THE CLERK:
Will you give the Court and jury your full name, please, and spell your
last name? THE
WITNESS: My name is Eden E. Shea, S-h-e-a. THE CLERK:
And how do you spell your first name? THE
WITNESS: E-d-e-n. DIRECT
EXAMINATION BY MR. BROWNING: Q. What is
your business or residence address, Mr. Shea? A. My -- Q. Your
address, sir? A. My
address? Q. Business
or residence . A. Q. In A. Q. And are
you employed at the present time, sir? A. Yes, I
am. Q. And were
you employed in the same capacity on April 15, 1974? A. No, sir. Q. What is
your present occupation, and what was A. -Manager
of an apartment house. Q. What
were you doing as of April 15, 1974? A. I was a
guard. Q. All
right. And where were you a guard? A. At the
Hibernia Bank. Q. And do
you recall -- that's the Sunset Office of the Hibernia Bank? A. Yes, sir. Q. Do you
recall whether you were on duty that day, April 15, 1974? A. What's
that? Q. Were you
on duty as a guard at the A. I was. Q. And were
you in uniform? A. I was in
uniform, sir. Q. Yes. And
when had you commenced your duty at that bank on that morning, do you
recall? A. What? Q. What
time did the bank open that day? A. The bank
opened at 9:000' clock. Q. And were
you there at 9:00? A. I was
there. Q. Now, did
anything unusual happen or come to your attention at approximately 9:40
to 9:45 on that morning? A. Yes, sir. Q. Describe
what that was, please? A. I saw
four men -- four persons in the doorway. Q. And were
you able to tell whether these four persons were males or females or
combination of both? A. Not at
that particular moment, no. Q. Did you
later? A. I did. Q. And what
were their sexes? A. It was
two males and two females. Q. And what
happened after the individuals came into the bank? A. They
were at the entrance to the bank for a split second in unison. Q. They
were all together? A.
Together, abreast, four of them. Q. Uh-huh
(affirmative). A. And they
stepped forward then divided. Q. And they
divided? A. They
divided, two and two. Q. And I
take it you mean two went one way and two went the other way, is that
correct? A. That's
right. Q. All
right. With respect to -- did two of them turn right? A. Two of
them turned right. Q. To their
right? A. To their
right. Q. And were
those men or women or could you tell? A. One
female and one black man. Q. All
right. Now, so that there's no misunderstanding: Mr. Shea, you were
looking at these people from where? A. From my
stand near the back of the building. Q. And so,
did they turn to your right or to their own right, the male and the
female? A. The male
and female went to the east end of the bank. Q. To the
east end of the bank? A. Right. Q. That
would be to their right as they come in the door, is that right? A. That's
correct. Q. And what
happened to the other two? A. The
other two: They -- the female, white female, and black male were in the
main aisle and separated about -- six feet from the entrance to the
President's office. Q. All
right. And this was also a male and a female? A. Male and
a female. . Q. And was
this male -- attired in any particular way that you could recall? A. He had a
floppy hat. Q. And how
close were -- was that male to you at that time? A. I would
say less than seven feet. Q. And what
about the female? A. Female
was just a little bit further back. Q. How far? A. About
seven-eight feet. Q. Seven to
eight feet. Now, did the male say anything to you at this time? A. He
didn't say anything to me directly. Q. What did
he say at all? A. He
announced the fact that it was a holdup and that this was a Symbionese
Liberation Army also. Q. Excuse
me. Mr. Shea, did he say this is the Symbionese Liberation Army, or did
he say this is the A. I
believe he said Symbionese Liberation Army. Q. Did you
see any weapons at that time? A. Yes. Q. I show
you Government1s Exhibit No. 19 for identification and ask whether the
weapon you saw was similar at all to this particular weapon? A. Oh, yes,
very much so. Q. Did you
see more than one weapon? A. Yes,
there was two -- each one, the female also had a weapon. Q. And was
it also similar to No. 16 that I've just shown you. A. That's
right. Q. It
appeared to be sawed-off? A.
Sawed-off, yes. Q. I'll
direct your attention, Mr. Shea, to Government's Exhibit 12-Y through
12-EE and ask you if you can identify in those photographs the male and
the female you've just been speaking about who confronted you in the
entryway of the bank? A. This one
right here. Q. All
right. Would you take, please, a marking pencil.
I have one here. And just draw an arrow to the person you've just
designated, please? That's correct. Okay. Would you put a 1 under the
first marking you've made there designating the female and a 2
designating the male? That's correct. Thank you. Q. Mr.
Shea, I show you Government Exhibit 15 for identification. Can you tell
me whether that individual is one that you saw enter or inside the bank
-- enter the bank or that you saw inside the bank? A. I saw? Q. Did you
see this individual? A. Yes,
absolutely. Q. Do you
believe that to be a male or a female? A. It's a
female. Q. Was she
one of the individuals who turned to her right as she entered the door,
to your left? A. That's
right. Q. I see. THE COURT:
Is this male or female, picture of a male? MR.
BROWNING: This -- well, it has not been identified as yet. THE COURT:
I'm not asking who it is. I want to know if it's a picture of a male or
female. MR.
BROWNING: I think I can represent to the Court it's a female wearing pants. THE COURT:
That may well be. But I want to know what he said. MR.
BROWNING: He said it's a female. THE COURT:
That's all I want to know. He's the witness, you're not. MR.
BROWNING: Absolutely. THE COURT:
All right, proceed. And are you offering-is this already in evidence? MR.
BROWNING: I'll not offer this at this point. THE COURT:
You showed it to him, Plaintiff's Exhibit 15. It ought to
be identified. MR.
BROWNING: It is identified for identification, Your Honor, 15. THE COURT:
All right. Plaintiff's 15. THE CLERK:
Plaintiff's 15 marked for identification. (Plaintiff's
Exhibit No. 15 marked for identification. Photograph.) MR.
BROWNING: Q. I'll show you next Government's Exhibit 16 for
identification. Can you tell us whether you saw that individual go
inside the bank? A. I did. Q. And is
that a woman or a male? A. Female. Q. Now,
which individual was that? Was that the one -- one of those individuals
who turned to the right or the individuals who confronted you, to the
best of your knowledge and belief? A. This
looks like the second one that first turned to the right. But I did
not get a good look at her. Q. I
understood you to say earlier that it was a male and a female that
turned to the right. A. It was
two females. I can say that. Yes, that would be the case. Q. All
right. MR.
BROWNING: May we have that photograph marked as Government's Exhibit 16
for identification? THE CLERK:
Government's 16 marked for identification. (Plaintiff's
Exhibit No. 16 marked for identification. Photograph.)
MR. BROWNING: Q. Show you, finally, Government's Exhibit 17 for
identification. Tell me whether you saw that individual inside the bank
at all? A. I did
see that inside the bank, but this was when she was leaving. Q. I see.
You did not A. -I'm
sorry, sorry, sorry. Take it back. I did
not see her leave the bank. I only saw the photos of it, that's what
I'm saying. Q. You did
not see the individual at the time you were in the bank as depicted in
Government's 17 for identification. We'll submit that for
identification also. THE CLERK:
Plaintiff's 17 marked for identification. THE COURT:
All right. (Plaintiff's
Exhibit No. 17 marked for identification. Photograph.)
MR. BROWNING: Q. All right. You've told us I believe that -- the male
who had a weapon came toward you. What happened then, Mr. Shea? A. Male
that had the weapon went over to the little area for the safe deposit
box -- office, put the gun over the railing and threatened the girl to
get out of that place. Q. Was that
Sharon Zicanese as you know her name? A. No --
yes, that's it, Q. Now
Fullmer, right? A. Right. Q. What
were you doing at this time, sir? A. I was
standing there watching the performance. Q. Did you
-- were you armed at the time, sir? A. I was. Q. Did you
have an opportunity to draw your weapon? A. No, I
didn't. Q. And were
any weapons pointed at you, sir? A. Yes,
sir. - , Q. Who
pointed -- which one of these people pointed the weapon? A. The
female. Q. And I
direct your attention, again, to -- Government's Exhibit 12-DD. That is
the female you are referring to? A. Yes,
that's the female. Q. That
female pointed her weapon at you, is that correct? A. Yes. Q. How far
away were you from her at that time? A. I'd say
about eight or nine feet. And what if anything did she say at this time? A. She said
a few things. Amongst them, she said: "First person that puts up his
head, I'll blow his mother-fucking head off." Q. What happened next? A. Just
after the male Negro got through with the girl in the little office, he turned to me and said: "Get back in
the area." I spun around to go back to the area, and then he held me
up, come behind me and took the gun away from me. And then I went ahead
of the area to go lay down on the floor. Q. Tell us,
first of all, Mr. Shea, where you laid down on the floor? A. Well, it
was -- I was the other bunch that was on the floor, the second section
of the counters. Q. All
right. Which counter was that, one of these check
desks here? A. It was
between the middle one and the last one. Q. Between
this one and this one? A. In
between those two. Q. I have a
little metallic object marked bank guard which -- insert on the chart
at that point. Was that approximately the position where you lay down,
Mr. Shea? A. That's
where I was, yeah. Q. All right . Now, have you seen the motion pictures
made from the bank's surveillance camera photographs? A. Yes, I
have. Q. And are
you depicted in those movies? A. Yes. Q.
Incidentally, the weapon that you were carrying that day, can you
describe it for us, please? A. It was a
.38 Smith & Wesson. Q. A
revolver? A.
Revolver, six-shot. Q. Have you
ever seen that weapon again? A. I have
not. Q. Do you
know the serial number of that weapon at this time? A. I do not
know it. Q. Do you
know who would know it? A. I
wouldn't know it, no. Q. Was the
weapon supplied to you by your employer? A. That' s so. Q. Who was
that at that time? A. Young
Patrol. Q. Young
Patrol. All right. Mr. Shea, I'II show you
Government's Exhibit 21 for identification which is a Smith &
Wesson revolver and ask whether that appears to be the weapon that you
were carrying on that date? A. This is
not the one, but it's one like it. Q. All
right. Mr. Shea, let me -- I remove this from the plastic bag that it
was in. Would you examine that again and tell me how you know that's
not the same one? A. The
stock doesn't seem to be the same. I don't recall that kind of weapon
-- in here. Q. Are you
sure it's not the same one or not? A. I'm not
sure. It doesn't look like it. Q. But in
any event, it was a weapon similar to that, is that right? A. It was
similar, yes. MR.
BROWNING: May we have that marked for identification as 21, please? THE CLERK:
Plaintiff's 21 marked for identification. THE COURT:
21 marked for identification. (Plaintiff's
Exhibit No. 21 marked for identification. Revolver.)
MR. BROWNING: Q. Now, prior to the time the male individual removed the
revolver from you, Mr. Shea, you indicated to us that -- you saw a
female individual in that general area whom you've identified who's
previously been identified as the defendant. Can you tell me whether
you at any time saw the defendant's hands? A. No, I
don't recall seeing where she had her hands. Q. Were her
hands visible to you at any time? A. I didn't
notice. Q. Did you
ever see anyone pointing their weapon at that person, that is, at the
defendant? A. No. Q. Now,
after you lay down on the floor, did you see anything after that? A. I didn't
see anything. Q. Did you
hear anything? A. I heard
an explosion. Q. An
explosion? A.
Explosion, a blast -- all I know it was. Q. Where
did it appear to be coming from? A. Well,
from the forward end of the bank where I stand. Q. Would
you describe -- was it similar to a gunshot? A. That's
the first time I ever heard a gunshot like that if that was it. Q. It was a
loud noise? A. Very
loud, blast like an explosion. Q. What
else did you hear, anything? A. A few
seconds after that, there was a second blast. Q. And did
you hear anything else? A. Nothing. Q. Did you
hear any words spoken at all? A. Nothing
was said. MR.
BROWNING: All right, thank you. I have no further questions. THE COURT:
Any cross-examination? MR.
BROWNING: I'm sorry, I do have one more. Q. Where
was the defendant when you saw her pointing her weapon when she spoke
the words you indicated? A. She was
standing just the other side of the President's office entrance. Q. The managers office? A. Right,
manager's office. Q. And
where was her weapon pointed at that time? A. I
suppose it was pointed in the general area. I couldn't say just
precisely. Q. What
general area? A. In the
area of the -- bank itself, the auditorium. Q. That is,
referring to the customers lobby? A. Right. Q. Mr.
Shea, the female we just have been discussing, can you tell me whether
she's in Court this afternoon? A. Yes, she
is. .. Q. Would
you indicate to the Court and the jury who she is, please? A. She's
over there next to the attorney. Q. All
right. Which individual are you referring to now? We have to be
specific about this. A. You want
her name? Q. No, I
want you to point out who she is. A. Right
over there. Q. Can you
describe her? A. She's -- Q. What
table is she sitting at, Mr. Shea? A. What's
that? Q. What
table is she sitting at? Is she sitting at a table? A. The
defense attorneys' table. Q. That's
this table here? A. Right. Q. And can
you tell me whether at the time you saw the defendant in the bank she
was different at all as to her appearance? A. Hard to
say. But generally speaking she looks about the same. Q. Was her
hair the same? A. - Long
flowing, yes. Q. Was it
the same color? A. I don't
know. MR.
BROWNING: Thank you. I have no further questions. THE COURT:
Now, you may cross-examine. MR. BAILEY:
Thank you, Your Honor.
CROSS-EXAMINATION BY MR. BAILEY: Q. What is
your age, Mr. Shea? A.
Sixty-eight. Q. How long
were you a bank guard? A. Oh,
about seven months. Q. I take
it this was your first robbery? A. It is. Q. What was
the first thing you did when you realized that something was wrong in
the bank? A. Well, I
knew there was something wrong I put my hands up. Q. And the
other things that have happened to you, as you've described to us, all
occurred subsequent to the time you put your hands up? A. I had my
hands up and I heard somebody yell it was a holdup. Q. But you
told us about a number of incidents, including a speech about what
would happen, did that happen -I had my hands up the minute they
entered the place. Q. I
understand that. Now, please, the things that you've told us about all
took place after you first raised your hands, is that correct? A. Yes. Q. All
right. Now, you've identified some photographs. Let me see those. Showing you 17, 16, and 15, Government's exhibits. Q. Have you
been given the name of any of these people? A. I have
read about them. Q. I mean,
has the Government told you the names of the people? A. No, just
learned Q. -So as
of today, you can't affix a name to any of these photographs, is that
correct? A. Not now,
no. Q. All
right. What was the general description of the lady who threatened you?
What did she look like? A. No lady
threatened me. Q. I
thought somebody was going to blow your mother-fucking head off? A. No, she
said that to the general public. Q. You
didn't think you were included? Well-In any
event, describe the lady? A. The lady
is sitting over there at your table. THE COURT:
He wants to know what she looked like then. THE
WITNESS: She had a flowing jacket. She had a gun. THE COURT:
What color hair? THE
WITNESS: I don't know the color of the hair. MR. BAILEY:
Q. Red hair like this, I take it? A.
Something like that. Q.
Something like that. All
right. I wonder if you would be good enough, Mr. Shea, to go to
the board and point out to us -- I'm going to give you these
photographs -- where you saw each of the people depicted in each of
these photos. If you'll just give the numbers for
the moment. First, show us once again where you were standing. A. Right
here. Q. All
right. THE COURT:
Mr. Shea, will you stand so the jurors can see you when you point? You
better give him a pointer. MR. BAILEY:
Government's pointer, please? Step back
and using the pointer -THE COURT:
Mr. Shea, would you step back? THE
WITNESS: I was standing here. MR. BAILEY:
So the jurors may see. Further back. All right. May we have the marking pen? You've
pointed to an X. I'll put an S there. I'm handing you Government's 15.
Tell me where you saw that lady in the bank and what she did? A. I didn't
see her. Q. You did
not see Exhibit 15 in the bank? A. No. Q. Did you
identify that photo a few minutes ago for Mr. Browning? A. Yes, as
having seen the photos, movies. I'm sorry? THE COURT:
Will you speak up, Mr. Shea? Will you speak up more loudly? THE
WITNESS: I will, sir. Q. I hand
16 -- 17, rather, and ask you where, if at all, you saw that person in
the bank. A. I
believe I saw her going to the east end of the bank. Q. All
right. Would you show us the east end of the bank.
The witness
indicates, for the record, that from the entry door, the party in
Exhibit 17 came in, made a right turn and moved toward the right of the
diagram. Now, as to 16, would you tell me if you sow that lady and where. A. I don't
recall seeing this lady enter the bonk. Q. You
never sow her in the bank? A. Right.
No. Q. I am
placing a 17 here and indicating her path of travel. Do you agree with
that? (Witness
nods head.) Q. Now, did
you make any movements in the bank at all, other than to go from where
the green X is to where the point of the arrow you have drawn is shown? A. I did
not make any motions. Q. Did you
go anywhere in the bank at any time other than that path? A. No, sir. Q. All
right. Would you take the stand. THE COURT:
Would you give the pointer to Mr. Bailey, and would you return to the
witness stand, please. Are you through? MR. BAILEY:
Oh, no. THE COURT:
All right. Would you return here, please, Mr. Shea. MR. BAILEY:
Q. When did you first see the film that was made up re-enacting -- or a
portion of the bank robbery? A. It was
in the Office of the Attorney General. Q. Of the
Attorney General? A. Yes. Q. You mean
Mr. Browning? A. Yes. Q. Oh,
okay. How long after April 15th did that occur? A. That was
this month sometime, rather, January. Q. January
of 1976? A. Yes. Q. You have
never seen it before? A. I have
seen movie pictures of it, but not direct movies with the Attorney
General's Office. Q. What
movies of the Attorney General's Office are you talking about? A. I am
talking about TV. Q. Pardon
me? A. I am
talking about TV movies. Q. You saw
TV movies. What were those? A. Well,
the general substantive matter of the holdup. Q. When did
you first see motion pictures depicting the holdup in progress in which
you recognized yourself as one of the people depicted? A. A couple
of days after the holdup. Q. Okay.
Now, on the day after the holdup, did a Special Agent of the Federal
Bureau of Investigation come to talk to you? A. On the
day of the holdup, they talked to me. Q. And on
the day following the holdup, were you interviewed? A. Yes. Q. By a
special agent? A. Right. .. Q. And did
he tell you that it was his lawful responsibility to make an
investigation of what had happened? A. I guess
he did, I don't recall. Q. Did you
understand that it was your legal responsibility to tell him everything
you could about what had happened? A. Yes, sir. Q. Did you
then tell him one day after the robbery everything that you could
remember to the best of your ability? A. I did. Q. All
right. Did you give him the best descriptions you could of the people
that you thought you had seen in the bank? A. I did. Q. Did you
give him all these things you had heard said in the bank to the best of
your ability? A. Yes, sir. Q. And this
was 24 hours or a little more after the robbery happened, is that right? A. Yes. MR. BAILEY:
Okay. Now, Miss Hearst, would you rise for a moment, please. Q. What
would you say, Mr. Shea, that the height and weight of this young lady
are, as best you can gauge it? A. About
five feet six. Q. Five
six. A. Yes. A hundred and twenty. Q. A
hundred and twenty pounds. A. Yes. MR. BAILEY:
Okay. Thank you. Q. Now, do
you remember the name of the special agent with whom you talked? A. Mr. -- I
can't recall at the moment. Q. You
can't recall. But he's the gentleman to whom you gave all the
information you could then recollect? A. That's
right. Q. And you
didn't hold anything back, right? A. No, no. Q. Did you
tell him that the male Negro declared, "This is a holdup"? A. Yes. Q. And that
he was carrying a rifle or a carbine? A. That is
right. Q. And that
he walked directly towards you and focused his attention on the safe
deposit vault clerk. A. He
walked over to me, he walked to the vault
area where the girl was sitting. Q. I am
asking you if you told the agent, quote, that the male Negro walked
directly toward you. A. I don't
recall saying that. Q. All
right. Did you tell him that he had told the young lady, the bank vault
clerk, out from behind the counter? A. I said
he escorted the girl out from behind the counter. Q. " Escorted" ? A. Well, he
took her out. Q. You said
he grabbed her by the arm. A. Well,
okay, he grabbed her by the arm then. Q. You
remember telling that to the agent? A. I don't
recall -- I don't remember saying that specifically. Q. You then
said to the agent that the male Negro directed you to enter the lobby
and place yourself in a prone position on the floor face down. A. Right . Q. And that
you did that. A. I did it. Q. All
right. And that as the male Negro turned to his left to enter the lobby, he spotted your weapon and took it away
from you? A. Right. Q. You then
entered the lobby of the bank and situated yourself on the floor
between the first and second customer service counters facing down? A. Right,
sir. Q. And you
did not observe any other activity thereafter, correct? A. No, no,
sir. Q. All
right. That is correct, is it not? A. Right . Q. While
you were on the floor, you told the agent, on April 16th, 1974, you
heard two shots. A. Right,
sir. Q. Now, did
you tell him about hearing the second burst of fire, or don't you
remember? A. If he
asked me, I probably did, but I don't recall him not asking the
question. Q. You mean
you reported the first two shots, but because he didn't ask you, you
didn't tell him about the other two? A. I didn't
hear any other two, I never said anything
about that. Q. All
right. A. I don't
think he asked me about two other shots. Q. Well,
what is your testimony today, were there two bursts of fire or one? A. I only
heard two bursts of fire. Q. Okay.
Now, the agent talked to you about a female white bandit, correct? A. Right. Q. And you
told him that she, after entering the bank, situated herself in line
with the entrance approximately ten feet from the door, right? A. Ten feet
from me. Q. Did you
tell the agent ten feet from the door, sir? A. I don't
remember the dimensions I gave him. Q. Did you
make this statement, “The female white bandit after entering the bank
situated herself in line with the entrance of the bank approximately
ten feet from the door,” did you say that or did you not? A. I don't
recall. Q. Is it
the truth? A. Could be. Q. Well,
didn't you do your best to give this agent the truth the day after the
robbery? A. I gave
him the best I could. Q. All
right. If you said that on that date, that is probably what happened,
right? A. That is
probably what happened, if it's written down that way, and he says I
said it. Q. Okay.
Now, did you tell the agent that you could not recall any specific
activity on her part, but did recall her directing comments to people
at the bank using profanity and threatening to shoot the first person
to move? A. I did. Q. All
right. Did you tell the agent that she was carrying a weapon, but you
could not give him any description of that weapon? A. I did. Q. Now, you
have told us that you heard the male Negro say, “We are the Symbionese
Liberation Army"? A. Right. q. All
right. Did you tell the agent that you heard nobody say anything about
the A. I don't
recall ever telling him that. Q. All
right. If you did tell the agent that on the day after,
wouldn't that be correct? A. Yes. Q. Okay.
Because your memory then, I take it, was
somewhat more fresh than it is now. A. Yes, sir. Q. Okay.
Did you tell the agent that you, at no time, heard anyone use the word,
"Tania”? A. I don't
-- what did you soy? Sorry, I didn't hear you. Q. Pardon
me? A. I didn't
hear. Q. Did you
tell the agent who interrogated you the day after the robbery that at
no time did you hear anyone use the word "Tania" ? A. I did
not hear anybody say that. Q. Okay.
Now, you gave a description of the male Negro, did you not? A. I
probably did. Q. And you
said -- you gave his height, weight, approximate age, build,
complexion, said that he was bearded, and said that he was clear and
did not speak with a recognizable Negro dialect, is that right? A. As I
recall it, no. Q. Okay. As
to the second bandit, the only other one you were able to describe to
the agent, you said she was female, white, size three, 130 pounds,
right? A. Right. Q. And that
was the best information you could give in that short period after the
incident. A. That is
right. Q. Which
bandit were you talking about when you gave those dimensions? A. Two
bandits in the aisle, the main aisle. Q. All
right. Would you now, please, go to the diagram and point out for the
jury the position of the female bandit you were describing when you
spoke with the agent on April 16th and told him that she was ten feet
from the door and using profanity, could you do that, please, sir. A. Right
here. Q. Right
here? A. Right
there. MR. BAILEY:
May the record show I have indicated with a
F the position shown by the witness as to the female bandit. Thank you.
Would you resume the stand. THE COURT:
Mr. Bailey, when you come to a convenient place in your
cross-examination, we will take our mid-afternoon recess, whenever that
suits your convenience. It's almost 2:45. What I am
saying is, when it comes to 2:45 – it’s not yet there, I am just
telling you. MR. BAILEY:
Your Honor, I have no objection to recessing now. And I will be a
little bit longer with the witness. Do I understand the rule the
witness may not speak to either party until the examination is complete? THE COURT:
Of course, I am -- he can talk to either party, he is a witness. You
can talk to him if you want to. You had
better have your examination for ten more minutes. MR. BAILEY:
All right. We will go a little more further. Q. Now,
after giving the description which I have read to you about the female
bandit, did you tell the agent you were unable to provide any
additional information regarding her? A. I did. . Q. And you
told him you were unable to provide any descriptive data regarding the
two individuals, the other two who entered the bank. A. That is
right, sir. Q. At some
point, the agent returned and showed you some photographs, did he not? A. Right. Q. And he
told you that they had been taken by the surveillance cameras of the
bank, correct? A. Right. Q. While
the robbery was in progress. (Witness
nods head.) Q. And you
knew those cameras were installed? A. Right. Q. And
approximately how they worked. A. Yes, sir. Q. Okay.
Now, he showed you a picture of a male Negro, did he not? A. He did. Q. And you
said, "That is the man who disarmed me," correct? A. I don't
recall saying that. Q. Well,
you identified him as the bandit who disarmed you, is that correct? A. Yes, I
did. Q. All
right. And he showed you a number of pictures of female bandits? A. Right. Q. Recorded
by the bank's camera, correct? A. Yes. Q. And
after studying them, you said, " I am
unable to recognize any of them," did you not? A. I don't
recall that. Q. Well, if
you said that on April 16th, it was likely the truth, wasn't it? A. Could
be, yes. Q. All
right. Now, my question is: When did you first find yourself able to
identify a female, give me the date. A. When I
saw the motion pictures, TV. Q. You mean
you couldn't identify from still photographs? A. No. Q. But you
identified from motion pictures? A. Right . Q. Have you
been informed by anyone, sir, that the position marked by F where you
have identified the female bandit was occupied by Nancy Ling Perry and
not by the defendant? A. No, no,
I was never. Q. Has
anyone taken the time to show you these photographs and let you point
out with a pointer as the cameras are rolling the people you could
recognize? A. Yes. Q. What was
the date when you first saw the motion picture that enabled you to make
your identification? A. About
the second day after the holdup. Q. The
motion picture was ready the second day after the holdup? A. No, that
was the TV I am talking about, I remember those people then. Q. What TV
are you talking about? A. TV they
have -- the general public. Q. Oh, you
mean the bank photos that were released to the general public by
somebody? A. Right . Q. Okay. All right. When did you first see them in
connection with the official investigation? A. Last month . Q. Is that
the first time that anyone representing the Attorney General here had
shown you the A. -The
pictures, yes. Q. The
photos. A. The
photos. Q. All
right. At no prior time -THE COURT:
You don't have to exalt the United States Attorney. MR. BAILEY:
I am anxious to recognize the promotion, Your Honor. THE COURT:
He is still the United States Attorney for the District, and that is
the way we will recognize him. It’s true he represents the Attorney
General here. You may proceed. MR. BAILEY:
Q. Is that the first time, sir, you have
been shown this film depicting the bank robbery in motion? A. Yes, at
the office of the Attorney General's Office. Q. That was
this year. A. Yes. MR. BAILEY:
Thank you. I think this is a convenient time for a break, Your Honor. THE COURT:
All right, sir. We will take the mid-afternoon recess at this time.
While we are at recess, ladies and gentlemen, will you please remember
the instructions heretofore given. We will
be at recess for ten minutes. (Recess.) THE COURT:
The record will show that the defendant is present with counsel, and
the Government is represented by Mr. Browning; that the jury is present
and seated in the box and that Mr. Shea is in the witness stand. Now we
can proceed with cross-examination. MR. BAILEY:
Yes, Your Honor. Q. Mr.
Shea, had you at any time prior to January 1976 identified any female
bandits as being a particular person? A. I don’t
recall. Q. All
right. Who was it that played for you the film that you saw in January? A. The
Attorney General. Q. Well,
which one? We have several here at the table? A. Mr.
Browning. Q. Mr.
Browning was present himself? A. Right. Q. Who else
was present in the room? A. Some FBI
agent and one of his assistants, Mr. -- Nerney. Q. Mr.
Nerney was there as well? A. Yes. Q. Okay.
Now, prior to the time that the film was begun, did they review with
you the report which showed that you couldn't identify any female on
the day after the robbery? A. I don't
understand that question. Q. Okay. Do
you recall the interview you had with the agent? A. Right . Q. And do
you recall that you told the agent that other than the male Negro you
couldn’t identify any of the pictures he showed you, correct? A. Right. Q. Was that
report reviewed with you before you saw the film? A. I can't
remember. Q. Did you
have some conversation with Mr. Browning about the purpose of showing
you the film? A. Just acclimate me with the procedure. Q. To
acclimate you with the procedure? A. Yes. Q. Was
there even a vague suggestion that you might be able to identify anyone
if you saw the film? A. I don't
recall anything like that. Q. At what
point during the film did you identify someone? A. Oh, the
first part of the film showed the general layout of the bank. I --
recognized two persons. Q. Which
film, do you recall? I take it you saw two of them? A. What
films? THE COURT:
Yes. There were two different films. THE
WITNESS: Oh, I don't recall which one that is. I gave you the notation
that I identified them. I can refer back to them. MR. BAILEY:
Q. You gave them some notation? A. No, what
they gave me today. That's what I identified. Q. Who gave
you today? A. Mr.
Browning. Q. What
notations did he give you? A. Not
notations, photos. THE COURT:
Photos, what he was shown in court, what occurred in court is what
you're referring to, Mr. Shea, isn't it correct? That what you told Mr.
Bailey is what happened in court here? THE
WITNESS: Right. THE COURT:
All right. MR. BAILEY:
Q. When you saw a female in the film that
you picked out, had you seen photos of that female before? A. I have. Q. On prior
occasions you had not recognized her, is that right? A. I would. Q. You
would? A. I would. Q. On the
times prior to the time you saw this film in January, when you saw
pictures of the same woman, you did not recognize her. Is that correct? A.
Recognized them on TVs. Q. You
recognized her in the TV? A. Yeah. Q. When was
that? A. Whenever
they put the TV on. Q. When was
it? A. I don't
remember, numerous occasions they had them on. Q. When was
the first time? A. I don't
remember. Q. Was it
right after the robbery? A. May have
been, yes. Q. Did you
call the FBI and tell them that you recognized someone? A. I did
not. Q. Did you
tell anyone? A. I didn't
tell anybody. Q. When was
the first time that you told anybody that you recognized somebody on
the TV? A. I didn't
tell anybody I recognized anybody from the TV. Q. Did you
recognize anyone on the TV? A. I did. Q. All
right. When you came in to look at the film with Mr. Browning, did you
say, “Oh, yes, I have seen that on TV, and I recognized one of the
women"? A. I might
have, I don't recall. Q. You
don't remember if you said that? A. No. Q. All
right. Now, as the film was rolling and you were viewing it, did you
point out to Mr. Browning who you recognized? A. Yes. Q. Was it
the person standing by the door where we have put an F on diagram A. -That's
right. Q. Do you
know that that is Nancy Ling Perry? A. That is
not Q. -Do you know
that? THE COURT:
What did you say, Mr. Shea? Repeat what you said. THE
WITNESS: That is not Nancy Ling Perry. MR. BAILEY:
Pardon me. Q. I will
show you Government's 17, Mr. Shea, and ask you if that is the girl who was standing by the door? A. You're
talking about the door, main entrance door? I -- I'm talking about the
door, the entrance to the manager's office. That's what
I thought you were talking about. Q. You just
pointed out from -- I put an F with an orange circle. A. Right. Q. That was
where the lady who made the obscene remarks and threats was standing? A. Right. Q. Did you
recognize, as Mr. Browning showed you-the film, that woman to be the
one who made the threats? A. Yes. Q. All
right. And that's the area where she stayed? A. Right. Q. When you
were asked what the lady did, the one depicted in 17, you indicated she
moved across the bank as shown by the orange –A. A. Right. Q. All
right. Now, has anyone from the Government pointed out to you that the
films clearly show that that woman near position F was Nancy Ling Perry? A. Nobody
said about her being Nancy Ling Perry. Q. Do you
recognize this photo? A. I do. Q. Do you
still say this photo is of a lady who walked across the bank? A. That's
right. MR. BAILEY:
Your Honor, may we have film A so the witness can point out to the jury
-- point out to the jury where he saw this person go? THE COURT:
All right, turn out the lights. MR.
KIPPING: We'll have to load the film. THE COURT:
How long will it take? MR.
KIPPING: Just a couple minutes. MR. BAILEY:
Just the way the agent did, Your Honor. THE COURT:
How do you mean? I don’t know how he can do it on this screen. MR. BAILEY:
With the little electronic pointer. THE COURT:
All right. You can -- Do you understand how to use that, Mr. Shea, the
electric pointer? Will you explain it to him, sir? MR. BAILEY:
May the record show , Your Honor, I'm
handing the witness Government's 17. I think it's still for
identification. THE COURT:
Yes, Government’s 17 for identification. MR. BAILEY:
To be very clear, Mr. Shea, I'm asking you to point out as the film
rolls where this lady is and follow her, if you can, with this pointer. Q. Follow
her in this picture. A. Okay. THE COURT:
All right. As soon as the man who is running the camera is ready to
start, Mr. Shea, we'll proceed. MR. BAILEY:
May the entire film be shown, Your Honor? THE COURT:
If necessary. MR. BAILEY:
Counsel said it was his intention to do so. THE COURT:
Turn out the lights. All right, proceed. (Film
shown.) MR. BAILEY:
May we ask the witness if he sees the lady depicted in 17? MR.
LANGFORD: Obviously he doesn't. He hasn't said anything. THE COURT:
Do you see her? THE
WITNESS: The answer is yes. THE COURT:
And who is it? THE
WITNESS: It's the one depicted in this No. 17. THE COURT:
Yes. Does that satisfy you? MR. BAILEY:
Q. Now, Mr. Shea, will you indicate when and if you see Nancy Ling
Perry in this film. MR.
BROWNING: Your Honor, may we know whether the person who shouted the
obscenities is in this second film? THE COURT:
What was that? MR.
BROWNING: May we know from Mr. Shea whether the person who shouted the
obscenities is also in this segment? MR. BAILEY:
I conclude my examination. THE COURT; You can ask the question if you want it. MR. BAILEY:
May the record show that the witness just pointed to a lady who just
leaving the bank, and may we agree, you say it is not? MR.
BROWNING: Yes. THE COURT:
All right. MR. BAILEY:
Thank you, Mr. Shea. THE COURT:
Would you proceed? MR. BAILEY:
Q. You realize you have just seen two
different films, correct? A. Yes. Q. Shot by
two different cameras in the bank where you were working? A. Right. Q. As the
first film was rolling, you pointed your little arrow at a lady who was
in and out of that entire film? A. Right. Q. You
identified her as the lady depicted in Exhibit In
Right. And you now
know that is Nancy Ling Perry? A. Right . Q. And you
told us that that lady was standing right here, the one who shouted the
obscenities, did you not, in your earlier A. -That's
not Ling Perry. Q. Having
just seen the film, you say it is not? A. I didn't
hear you. Q. You
agree that the lady that shouted the obscenities that you put the arrow
on in the first film was shown in and out of this area? A. No,
that's a different picture entirely. Q.
Different picture entirely. A. Right . Q. Now, in
the second film, which started out with you with your hands in the air? A. Yes. Q. And then
showed you hustling across the bank. You pointed your arrow at a lady
leaving the bank, right? A. Right. Q. Did you
mean to indicate that that was the lady depicted in Exhibit 17? A. That
looked very much like her, right. Q. You
understand now that it was not Nancy Ling Perry but Camilla Hall? A. I don't
know what her name is. But that's the same picture that I recognize. Q. You
think you may have made a mistake in that identification? A. It’s
possible. Q. All
right. Did you at any time in the second film see the woman depicted in
Exhibit 17 do what is indicated on this chart by No. 17 and the
arrow, to wit, run across toward the eastern end of the bank? Did you
see that? A. I don't
remember that. Q. Well,
you didn’t point to anything in the second film showing Nancy Ling
Perry doing that, did you? A. First
time didn't show them entering the bank that end on the picture Just
now. Q. You --
were you saying that prior to the time the cameras started Nancy Ling
Perry moved from this spot to the A. -No,
there was a picture of her going in that direction. Q. Were you
able to show us? A. I don't
recall seeing it on this picture just now. Q. Pardon
me? A. I don't
recall seeing her in that picture just now going that direction. Q. What
you're telling us is you remember Miss Perry going from 17 to where the
arrows end but the cameras didn't show it? A. No. THE COURT:
What are you saying? Mr. Shea, what are you saying, that the cameras
didn't show -THE
WITNESS: First picture showed her going to the end of the bank, but I
don't recall seeing her in the second section only coming out of the
bank. THE COURT:
Did you fully understand Mr. Bailey's question? THE
WITNESS: Right. MR. BAI
LEY: Does the Government have the photos that were shown to Mr. Shea on
April 16? MR.
BROWNING: I don't have them with me. I suppose we could get them. MR. BAILEY:
Will you stipulate that among those photos were a photo of the
defendant? MR.
BROWNING: Yes, I'll stipulate there was a photo of the defendant but
not taken from the bank robbery film, I don't believe. MR. BAILEY:
Q. Mr. Shea, have you seen the photos taken from the bank surveillance
cameras identified the male Negro in the photographs and was unable to
identify any of the other bandits appearing in the bank surveillance
photographs. THE COURT:
Is that a question of Mr. Shea or Mr. Browning? MR. BAILEY:
No, Your Honor, I'm reminding Mr. Browning there must be such
photographs. MR.
BROWNING: Mr. Bailey, I consulted our records and apparently the
picture of DeFreeze was a bank surveillance photograph shown to Mr.
Shea. I don't know whether all of the others were or not. MR. BAILEY:
Is the Government unable to say what was meant by, other bandits
appearing in the bank surveillance photographs as they were shown to
Mr. Shea? MR.
BROWNING: I assume if that's what the report says that they were shown
to Mr. Shea, yes. MR. BAILEY:
Q. Were some female bandits exhibited to you on April 16 the day after
the robbery in photographic form? A. I don’t
get the question. Q. You
didn't understand the question? A. No. Q. All
right. When the agent came to you on the day after the robbery and
showed you pictures and you recognized one of the male Negro, were
there pictures also of female bandits taken by the bank camera? A. I don't
recall that, that day. Q. Will you
examine and, without saying anything, tell me if it helps you to
remember. A. Yes,
this is in substance correct. Q. You say
in substance that is correct? A. That's
correct. Q. You have
just read a paragraph which you claim is correct in substance which
concludes, Mr. Shea advised that he was unable to identify any of the
other bandits appearing in the bank surveillance photographs other than
the male Negro, right? A. Right . Q. Okay. So
that if a photograph of Miss Hearst was presented to you on that day
which the Government has stipulated it was, you looked at it and said,
"I cannot identify that person." Correct? A. That's
right. Q. That's ri ght. THE COURT:
Are there -- is there any redirect? REDIRECT EXAMINATION BY MR. BROWNING: Q. Mr.
Shea, in the film that you saw, both in my office and the film you saw
here today, do you recollect whether the film depicts any of those
individuals coming through the door of the bank when they first came in? A. No, it
didn't -- didn't recognize them until after they got settled. Q. I don't
think you understand my question, Mr. Shea. When
you looked at the movie. A. Oh. Q. What is
the first thing the movie shows with respect to what you were doing?
You're in the movie, are you not? A. Yes. Q. All
right. What are you doing when the movie first comes on in that segment
of the movie? A. I don't
understand that at all. Q. Pardon
me? A. I don't
understand the question. Q. Did you
see yourself in the movie? A. Yes. Q. What
were you doing when you first saw yourself in the movie? Q. Where
were you, what were you doing? A. Standing
in my spot, and my hands were up. Q. Right. All right. Now, was there a period of time before
that time when you were standing there, as shown in the movies, with
your hands up when these robbers were inside the bank? A. Yes. Q. There
was? A. Yes. Q. And is
that when the defendant pointed her weapon toward the customer lobby
and said the words that you said she said? A. That's
right, correct. Now, just
one other question, Mr. Shea. THE COURT:
I take it, Mr. Browning, that you'll speak
up? The PA system is having trouble. MR.
BROWNING: I understand. THE COURT:
Would you keep your voice elevated, Mr. Shea? THE
WITNESS: All right. MR.
BROWNING: May I have 21, please? Directing
your attention to Government 21 for identification, Mr. Shea, can you
tell me -MR.
BAILEY: You Honor, that was not on cross. It's inappropriate for
redirect. THE COURT:
I don't know that it was gone in on cross. It was
offered on direct. MR.
BROWNING: May I have leave to reopen my direct for one question, Your
Honor? THE COURT:
All right, you can reopen your direct subject to further
cross-examination. FURTHER DIRECT EXAMINATION BY MR. BROWNING: Q. Mr.
Shea, you testified, I believe, that you weren't sure whether this was
the weapon you had with you on the 15th? A. That's
right. Q. The
weapon you had on the 15th: Did you take it home with you at night or
not? A. NO,
never take it home. Q. It was
left at the bank when you left? A. That's
right. MR.
BROWNING: Thank you. I have no further questions. THE COURT:
Any recross? And in this you may cross-examine as far as -- RECROSS-EXAMINATION BY MR. BAILEY: Q.Do you
recall right at the outset of cross-examination, Mr. Shear I asked you
whether or not all those things that you described that happened, the
threats by the woman, being disarmed by the male Negro, et cetera,
occurred after you put your hands up? A. No. Q. Do you
recall me asking you that question? A. I don't
recall. Q. Do you
recall saying, "Yes, that is right"? A. No. Q. Well,
what do you now say, Mr. Shea? A. Your
voice is lower you will have to get it up. Q. My voice
is too low for you? A. Yes, I
can't hear you. Q. Do you
have a hearing problems sir? A. I have a
hearing problem. Q. Did you
have a hearing problem on the day of the bank robbery? A. I
probably did. Q. Is it
something for which you are treated? A. Not
recently -- not about that time, no. Q. Had you
been treated prior to that time? A. Very
much so. Q. Do you
know what the difficulty in your hearing is to what extent it's
impaired? A. It's
impaired ear drum. Q. It is
impaired. A. I had an
operation. Q. Okay. So
you were having some difficulty, I take it, hearing on April 15th, 1974? A. Right. THE COURT:
He says it was and still does. MR. BAILEY:
Yes, I understand. Q. All
right. Now, are you now telling the jury, Mr. Shear that what you claim
the defendant did took place before that film started to roll? A. I don't
know what time the film started to roll, I wouldn't know that. Q. Are you
saying that it is something that happened and you remember, but is not shown on the film? MR.
BROWNING: I will object to that question as ambiguous, Your Honor. "Something" is what? THE COURT:
Well, what he has said here, what he has said on the witness stand. MR.
BROWNING: He said many things, if Your
Honor please. THE COURT:
I know he has. MR.
BROWNING: I don't know what Mr. Bailey's question is directing his
attention to. THE COURT:
What portion of his testimony are you referring to,
I think is what Mr. Browning is saying. MR. BAILEY:
I understood Mr. Browning just to elicit from this gentleman, Your
Honor, that his identification of the defendant speaking took place
before the film shows him with his hands up. I want to know if that is
what he really meant. THE COURT:
Do you understand that, Mr. Shea? THE
WITNESS: I can't figure that one out, no. THE COURT:
No. Mr. Shear the question he is asking you, your identification of the
defendant, Miss Hearst here, as being one of the persons who shouted
obscenities at you in the bank from some photographs that have been
shown to you, and perhaps from the motion pictures, was that on the
pictures, or independently in your memory? THE
WITNESS: NO, it was not in the picture. THE COURT:
It was not in the picture? THE
WITNESS: No. THE COURT:
It's something you saw before the pictures, or after the pictures, or
what? THE
WITNESS: That is something before the pictures were started. THE COURT:
All right. Now, does that answer your question, Mr. Bailey? If you want
to ask any further, go ahead. MR. BAILEY:
Q. Mrs. Shea, what were you doing, what were you physically doing when
you heard the threats issue? I had my
hands in the air. Q. All
right. You saw the motion picture a moment ago with your hands in the
air. A. Yes. Q. Now, are
you telling us that while you were standing with your hands in the air,
you heard threats by a female? A. Right. Q. The one
that was near the door where the F is placed on the diagram? A. Right. Q. Okay.
Did you see the defendant in the second film that was just shown to you? A. Yes. Q. The one
that begins with your hands in the air. A. Yes, I
saw the defendant. Q. All
right. What did you see her do in that film? A. What did
I see her doing? Q. Yes. A. Well,
she was standing guard at the entrance -- at the area. Q. What
area? A. Where
she was standing. Q. Where? A. About
the middle of the bank. Q. Okay.
Now, do you consider that to be ten feet from the door? A. I didn't
say it was ten feet from the door. Q. You have
admitted to me that you told the agent she was ten feet from the door. A. We are
talking about -MR.
BROWNING: Your Honor, that's argumentative. Mr. Shea is
explaining. THE
WITNESS: I am talking about the area. MR. BAILEY:
Q. You're talking about what? A. You must
be talking about the first aisle here. Q. I am
talking about the statement ten feet from the door in line with the
entrance of the bank. You recall we talked about that? A. Are you
talking about that? Q. You said
that was the woman that made the threats, you recall that? A. Yes. Q. Okay. Do
you tell the jury the middle of the bank where you say you saw the
defendant is the same place as ten feet from the door in line with the
entrance? A. It's
about right. MR. BAILEY:
That's about right. Okay. Thank you. MR.
BROWNING: We have no further questions, Your Honor. THE COURT:
All right. That will be all, Mr. Shea. You're
excused. (Witness
excused.)
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