Trial Transcripts
August 20, 1979
P. E. Beasley (recalled)
Scans of original transcript
THE COURT: Any further evidence for the Defendant?
MR. SMITH: Yes,sir, Your Honor.
THE COURT: Call your witness.
MR. SMITH: The Defense calls P. E. Beasley to the stand.
THE CLERK: Mr. Beasley, you have previously been sworn, so if you will go on and take the stand.
MR. SMITH: Your Honor, may I consult with this witness just a moment?
THE COURT: Yes.
(Pause.)
(Whereupon, P. E. BEASLEY was recalled as a witness, and having been previously sworn, was examined and testified further as follows:)
D I R E C T E X A M I N A T I O N 10:30 a.m.
BY MR. SMITH:
Q State your name, please, sir?
A P. E. Beasley.
Q Mr. Beasley, where do you live?
A Fayetteville.
Q How long have you lived in Fayetteville?
A About 45 years.
Q What do you do, sir?
A I am retired.
Q And what did you do before you retired?
A Police officer.
Q How long did you serve as a police officer in Fayetteville?
A Twenty years.
Q How old were you when you started your police work?
A Twenty-six.
Q What were your assignments during the period of time you were a police officer; that is, what were your duties?
A I was a walking -- walked the beat -- car patrol; narcotics; detective division.
Q When you walked a beat, did you ever walk the Hay Street beat?
A Yes, I did.
Q And approximately what year did you walk that beat?
A '53, '54, up to about -- quite a few years. I can't remember.
Q And then when you were a patrolman, did you ever patrol the Hay Street area?
A Yes, I did.
Q What is the Hay Street area of Fayetteville?
A It is known mostly for its bars, prostitutes, drugs.
Q What year did you start to work with narcotics in Fayetteville?
A 1968, I believe.
Q What was Fayetteville like in 1968 and 1969 and 1970, with respect to the use of narcotic drugs?
A There was quite a bit of it there -- quite a bit.
Q Have you read any of the Esquire magazine article which had been introduced by the Government in this case at my request?
A Yes, I have.
Q Would you say, Mr. Beasley, that Fayetteville, North Carolina -- in some parts of Fayetteville -- would compare with the descriptions of California made in the Esquire magazine article?
A Yes, I would.
Q Mr. Beasley, when you were working in narcotics, would you state whether or not you ever used informants?
A I did.
Q What is an informant?
A It is a person that supplies you information that you can't ordinarily get yourself.
Q How many informants would you say you had when you were working narcotics?
A I had quite a few, but I -- yeah, I had quite a few. I don't know just how many.
Q How do you work with an informant? What is required?
A First thing, you don't reveal their identity.
Q You keep that confidential?
A Yes, you do.
Q What kind of relationship would you normally have with an informant?
A You try to have a close relationship, and first you have to really gain their trust. That's the biggest thing, getting them to trust you.
Q How often would you contact them?
A Well, it's according to what the need would be -- most times they would contact me.
Q How many informants would a narcotics officer normally have?
A It is according to who the narcotics officer was.
Q How many would you have had at any one particular time?
A Any one time, I had -- well, two good ones would keep you working eight hours, sometimes 12; but I have had as high as four at one time.
Q Now, what did you do with the information provided you by informants?
A Well, we would take the information and, like, if we got any particular location where there may be drugs or who may be dealing drugs, we would stake it out and watch it. We tried to get this informant to make an undercover buy from this place, and the information we got out of it, we would obtain a search warrant and go search the place.
Q Then using information provided you by informants, would you get search warrants?
A Yes, we would.
Q Would you test out an informant, first, to see if that informant was reliable; is that part of your procedure?
A Yes, sir.
Q How would you do that?
A Find out who he was, where he came from, what he was doing there, for what purpose were they giving us this information.
Q Would you get search warrants based on information provided you by informants on the first information given you, or would you test out informants first to see if the informant was reliable?
A We would have to know he was reliable before we did anything.
Q Now, Mr. Beasley, would you state whether or not you ever met Helena Stoeckley?
A Yes, sir.
Q And do you recall about when you met her?
A It was in 1968, within that year.
Q How did you meet Helena?
A I was introduced to Helena by another officer that was not working drugs, and he advised me that she was heavily involved with drugs and knew all the dealers and what we needed to know.
Q Let me interrupt you and ask you this: what did Helena look like in 1968?
A Helena was -- she was young-looking. She was a slender-type looking girl, had black hair, approximately 5' 5", I guess, somewhere in there.
Q And what kind of group of people did she run around with, if you know?
A Hippie group of people all the time.
Q You say "hippie group"; what did a hippie look like to you at that time?
A Well, at that time we was just getting into drugs -- beginning to work drugs there in Fayetteville -- getting into it good. They wore dungarees, cut out sleeves out of jackets, long hair, beards.
Q Were there a lot of hippies in Fayetteville in '68, '69, and '70?
Q Yes, sir.
A Would you state whether or not Helena Stoeckley ever became an informant for you?
A She did.
Q About what year?
A '68.
Q And how long did Helena serve as an informant for you?
A Until about 1970, the latter part of 1970.
Q In your work as a narcotics agent, and especially working with Helena, would you state whether or not you ever had any information about cults in Fayetteville?
A Yes, sir, I did. Yes, sir.
Q What information did you have about cults?
A We had received information that these type of people had moved into the Fayetteville area, and we were trying to locate them; and I asked her if she knew of any and she said she did. And she said, in fact, she was almost a member of a group that they called the Black Cult, I believe she stated they were. And I asked her to explain what she meant by that, because we didn't really know. And she said it was a group of these people -- would go to a certain location that they -- they would have the rooms painted probably black -- strobelights going -- flashing lights. And they would all get to dropping LSD, and they would get into a frenzy that they got into, and chanting and going on -- this type thing; and that they would string a black cat up among these people after they had formed a circle -- by the lower part of the body with his head hanging down, and cut his throat. And the blood would come down into the floor and they'd get in the blood and rub it on them -- all over them -- and that type of thing.
Q Now, what year would that information have come to you?
MR. BLACKBURN: Your Honor, we would OBJECT on the grounds of relevancy.
MR. SMITH: Your Honor, may I continue with this line of questioning, and I can connect it up and I will abide by the Court's ruling this morning, and not get into any information that you have ruled is not proper?
THE COURT: Very well. Proceed.
BY MR. SMITH:
Q Mr. Beasley, what drugs were used in Fayetteville, as far as the prevalent use is concerned, in '68, '69, and '70?
A You mean all the drugs?
Q Just some of them?
A LSD, heroin, mescaline, marijuana, opium -- any type that you can mention, it was there.
Q Was there any other name for LSD that was popular?
A Acid.
Q Now, Mr. Beasley, do you recall where you were at the time you heard about the MacDonald murders?
A Yes, sir.
Q Where were you?
A I was at home.
Q What time of the day or night was it?
A I had gotten off work that morning about 2:00 o'clock and went home to bed, and I was called at home about 7:30 by my supervisor. He advised me what happened and gave me a description.
Q Now, do you recall what kind of description he gave you?
A Yes, sir.
Q What did he say?
A He said there was a white female with blonde hair with a floppy hat, and a black male described as having on an Army fatigue jacket, I believe, with E-6 stripes.
Q All right, sir?
A And two white males.
Q Now, Mr. Beasley, had you ever seen a blonde-headed woman with a floppy hat with a black male and with two white males?
A On many occasions.
Q Sir?
A Many occasions.
Q And when you would see a blonde-headed woman with a floppy hat, and with a black male and two white males, would you recognize the blonde-headed woman?
A Yes, sir.
Q Who was the blonde-headed woman?
A Helena Stoeckley.
Q How often would you say you had seen Helena Stoeckley with blonde hair and a floppy hat with a black male and two white males?
A Numerous times. I don't know exactly, but numerous times.
Q And over what period of time -- that is, the months or years?
A Oh, probably two months.
Q Where would you see them, Mr. Beasley, if you recall any of those occasions?
A Mostly, it would be what we used to call -- it was in the Haymount Section of Fayetteville. It was a place where the hippies hang out, mostly. It was the Goody's Shop, I believe they called it.
Q What was sold at the Goody's Shop, if you know?
A Well, it was malts and cokes and things like that. I don't recall whether beer was being sold there or not.
Q Did you know whether the blonde hair that Helena Stoeckley had on those occasions was her real hair?
A No, sir; it was not her real hair.
Q What was it?
A It was a wig.
Q How did you know?
A I had it in my hands. She gave it to me.
Q When did she give it to you?
A After the killings.
Q Did you know that it was a blonde wig before the killings?
A Oh, yes; I knew it was a wig.
Q How did you know it was a wig before then?
A Because I knew she had black hair.
Q Did you know the names of any of the three males that she was with on occasion when you saw her?
A No, I didn't; not at that time I didn't.
Q Did you ever see any E-6 stripes on any of those males?
A Yes, sir; the black male had a fatigue jacket on. He always wore it, and it had E-6 stripes -- I believe, three on top and one underneath -- a rocking chair type underneath.
Q When you heard about the MacDonald murders, would you state whether or not you thought about Helena Stoockley?
A Yes, sir; I told my supervisor then that I knew somebody that fit the description -- that I would get dressed and come to the office and go to work and try to locate her.
Q What did you do?
A I dressed and went down to the office. I had information that had been given to me prior to this -- about two days prior to this incident -- and I had information on this trailer, that there were drugs there. And I knew that she lived there with these people.
Q Now, where was the trailer? What trailer park in what part of Fayetteville?
A It was Hickory Trailer Park, I believe, out near Fort Bragg.
Q what information did you have about drugs?
A Well, she had told me that they had a large amount of drugs there. She described all kinds. If she told me, I knew it was true, because everything she told me was.
Q Did she give you enough information for you to obtain a search warrant, if you wanted it?
A Yes, sir; I went down and drew the search warrant on this information.
Q What did you do?
A Got the search warrant, and I, along with a CID Agent, a Deputy Sheriff, and an SBI Agent, went to this trailer and raided the trailer.
Q What did you find?
A We found almost a suitcase full of drugs.
Q Did you find the drugs where she told you you would find them?
A Yes, sir; went right to it, pulled out the partition in the wall, and it was right where she said it was.
Q Did you find the kind of drugs that she told you you would find?
A Yes, sir.
Q Based on that find of drugs, what did you do, Mr. Beasley?
A We obtained the renter's name, and I went back to the police station and drew a warrant for William Murray Sanders. At that time, there was no one at the trailer, so I went back home, I guess, that afternoon, and got me three or four hours of sleep. When I came back to the police station, this boy had already been arrested. And the other three boys had come back to the trailer -- I found out later. They didn't go to the trailer -- when they saw what was happering, they left. And I haven't seen them since.
Q What did you do next, Mr. Beasley, in connection with your investigation of the MacDonald murders?
A What did I do next?
Q Yes, sir?
A Oh, yeah; I went to Helena's apartment, staked it out, and there was no one there.
Q Let me ask you, Mr. Beasley, if you recall about what day that would have been?
A That was on the 18th, I believe.
Q What happened next?
A Well, in the day -- let's see -- on the 17th, she was not there. And on the early morning -- I believe it was about 3:30 or 4:00 o'clock, somewhere in there -- Helena returned to her apartment. There was a black male in her car with her. It was an old convertible-looking car. I believe it was a Plymouth, but I'm not sure. There was at least three white males in the car with her. I was parked out on the side of the street. I walked up in back of the car and called her back to me.
Q Mr. Beasley, did you say what time of the day or night that was?
A It was around 3:30 or 4:00 o'clock -- somewhere in there. The files on this case that I had has been misplaced and I can't find them.
Q When you say, "3:30 or 4:00 o'clock," do you mean in the morning?
A In the morning of the 18th, I believe it was.
Q If you will, please proceed and tell us what happened next?
A I called Helena back to the back of the car, and of course, the way I was dressed, these people in the car came back like they was coming back after me. So I pulled my jacket back from my pistol and she told them to, "Sit down. It was all right."
Q Go ahead?
A They sat down, and I took her into my car and I talked to her.
Q Mr. Beasley, I want you to tell us what you said to her, but do not tell us what she said to you.
MR. BLACKBURN: OBJECTION.
MR. MURTAGH: OBJECTION.
THE COURT: Yes; I will let you ask him a question, but I will not let you ask it in that way.
BY MR. SMITH:
Q Mr. Beasley, what happened next?
A I asked Helena if she had heard about the MacDonald incident at Fort Bragg, and she said that she had.
MR. MURTAGH: OBJECTION.
MR. BLACKBURN: OBJECTION.
THE COURT: I will OVERRULE that.
BY MR. SMITH:
Q And please answer my questions precisely, Mr. Beasley?
A All right, sir.
Q What question did you next ask her?
A I asked her if she was involved in this incident at Fort Bragg.
Q All right; don't go any further. Now, Mr. Beasley, how long did you talk with her that day?
A That morning?
Q Yes, sir.
A About maybe -- I don't know. I guess I was within her presence about an hour or hour and a half, maybe.
Q Did you see any blonde wig on that occasion?
A Not then.
Q Did you ever see a blonde wig after that?
A Yes, sir.
Q Did you see a floppy hat on that occasion?
A Not that night; no, sir.
Q Did you ever see the floppy hat?
A Yes; I did.
Q Did you see any boots on that occasion?
A She had a pair of boots on; yes, sir.
Q What did you do next, Mr. Beasley?
A Called the CID at Fort Bragg and had my radio dispatcher to call.
Q What did you tell the CID -- let me back up. Please answer my question again, precisely. Did you make any request of the CID?
A Yes, sir.
Q What did you request that they do?
A Come down and look at some suspects that I had picked up in reference to the MacDonald case at Fort Bragg.
Q What happened then?
A I never got any reply at all.
Q How long did you wait?
A I suppose maybe an hour, maybe a little more.
Q What happened next?
A I released them. I had to let them go, and it was getting early and I was tired. But I knew later I could get up with Helena, but the other three I didn't know.
Q Did you ever see the other three again?
A Never again.
Q Do you know what happened to them?
A No, sir.
Q What happened to Helena after that?
A Shortly after that, she left and went to Nashville, Tennessee.
Q Before she left and went to Nashville, Tennessee, did you have that conversation you told us about about the wig?
A Yes, sir -- I talked with her again; yes, sir. I talked with her a couple of times.
Q Where were you when you saw that wig and floppy hat?
A I was sitting near her house in another unmarked car. She gave it to me -- the hat and the wig.
Q How often, Mr. Beasley, did you talk with her about the MacDonald case after that?
A On two occasions after that.
Q And how long was --
A (Interposing) Maybe more. I can remember a couple times.
Q How many days had passed from the 17th of February, 1970, when you had those other conversations you described?
A Well, on the 18th she didn't have the wig and the hat with her. I believe she brought me the hat and the wig on the 19th or the 20th.
Q Did she leave those with you?
A She did for a while.
Q How long did you keep them?
A I can't really recall just how long I kept them, but she came back and asked me if she could have them back, and I gave them back to her, and she told me she burned them. She wanted to get rid of them.
Q How long was the wig?
A When she had it on, it would hang -- oh -- way down to here (indicating).
Q Have you had an opportunity to see any photographs in this courtroom of the floppy hat?
A No, sir.
Q Tell us, in your own words, how you recall what that hat looked like.
A It had a broad brim, and it would drop down a little on the front, a little on the side, and a little in the back, and it was sort of rounded off on the top. But that wasn't the only hat she had like that. She had several hats. That wasn't the only one she had.
Q Did you ever go to Nashville to see her?
A Yes; I did.
Q State whether or not Helena would write you occasionally.
A She had written me on occasion. After she got to Nashville, she wrote to me then.
Q When she would write you letters, Mr. Beasley, would she ever use the word "pig"?
THE COURT: Do you have the letters that she wrote you?
THE WITNESS: Your Honor, I had the letters.
THE COURT: I say have you got them with you?
THE WITNESS: I don't have them now, no, sir.
THE COURT: Go ahead.
BY MR. SMITH:
Q Do you ever recall that she used the word pig?
A That was one of Helena's favorite words -- was pig.
Q Do you recall in what context she would use it with you, Mr. Beasley?
A Referring to other officers.
Q Did you have conversations with her that night?
A Yes, sir.
Q Would you state whether or not you went out to Nashville to talk to her about the MacDonald murders?
A Yes, sir.
Q Did you ask her questions about the MacDonald murders?
A Yes, sir.
Q Did she give you answers?
A She did.
MR. SMITH: You may examine.
C R O S S - E X A M I N A T I O N 10:53 a.m.
BY MR. BLACKBURN:
Q Mr. Beasley, you stated on direct examination that Ms. Stoeckley was one of your informants; is that correct?
A That is correct, sir.
Q And, again, how long did she remain an informant with you?
A I -- well, I know she was regular until 1970. After that --
Q (Interposing) When -- excuse me; go ahead.
A -- after that, I would pick up pieces. She would even call me.
Q And she became an informant for you in 1968?
A Approximately; yes.
Q Did you ever have an occasion to pay her any money?
A She would never accept any money whatsoever.
Q She did it totally free; is that correct?
A Totally free; I tried to pay her and she wouldn't accept.
Q Now, you say she remained an informant for you into 1970; is that correct?
A Yes, sir; and on past that too.
Q All right, now, how long into 1970 did she remain an informant for you -- a regular informant is what I am getting at?
A Well, she left town shortly after this -- I guess maybe a week or two later -- and then I didn't have contact with her -- only by telephone or letter or something, and I would say the end of 1970.
Q Now, I believe you testified that you on occasion had seen her with a black and a couple of white males; is that correct?
A Yes, sir; on several occasions.
Q Would it be just the four of them? Would there be more than four?
A Well, on occasions there has been more than four; yes, sir.
Q Would those be whites, blacks, females?
A There would always be a black. There was always this one black man.
Q He had a fatigue jacket?
A Every time I saw him he had a fatigue jacket on.
Q Did you ever have occasion at Fort Bragg to see other people with fatigue jackets on?
A Oh, yes.
Q With E-6 stripes on the sleeves?
A Yes, sir.
Q In fact, that is probably fairly common at Fort Bragg; isn't it?
A Well, can I explain?
Q Well, if you would, why don't you answer yes or no and then explain?
A Well, yes, sir.
Q You may explain.
A The fatigue jacket -- if we ever would see a guy running around with just a fatigue jacket on or with the stripes or whatever, we would always check him for being AWOL. A special uniform man would or a detective would, but if you were Narcotics like us, you'd not do that. But we would try to get another officer to do it to see if he might be AWOL. In this case, we was watching -- we had a drug deal going and we didn't want to blow what we were doing, so we didn't.
Q Now, I believe you testified that in the early morning hours of the 18th of February you had occasion to visit her apartment; is that correct? Or outside the apartment?
A Yes.
Q And that's on Clark Avenue?
A Clark Avenue, and she also had one -- I believe shortly after that she moved to Arsenel Avenue. This was another known drug location.
Q Now, I believe you testified she came out to the car and got in and sat down next to you.
A She didn't sit down; no, sir. She came back to the car, and I talked to her outside the car.
Q Was she very friendly to you at that time?
A She always has been.
Q She didn't run from you when she saw you; did she?
A No, sir; she came to me.
Q Came to you. This is 24 hours after the MacDonald killings -- approximately.
A Well, approximately I would say.
Q Now, when was it that she gave you the blonde wig, if you can recall?
A I believe it was a day or two later. I asked her if she had it and she said she didn't have it right on, and I asked her if I could have it.
Q She didn't hesitate to give it to you; did she?
A No; she brought it to me.
Q Now, do you recall the color of boots that she had on when you saw her?
A The best I can recall -- that night -- it was pretty dark -- but I believe they were black boots.
Q This is which night now to get specific?
A The night that I picked her up -- on the 17th.
Q You mean the early morning of the 18th?
A Yes, sir; the early morning of the 18th; that's right.
Q To the best you can recall they were black boots?
A To the best that I can recall they were -- I believe they were black boots.
Q Now, you said that you saw her on several occasions with her blonde wig on; is that correct?
A Yes, sir.
Q I assume, though, that because you knew she had black hair that you saw her on many occasions without the blonde wig; is that correct?
A Yes, sir.
Q And I believe that you testified that she had several floppy hats?
A Well, I've seen her with different hats. I've seen her with purple hats on, and that was another one of her favorite colors -- purple. And I've seen her on occasion with a purple one on yes, sir --
Q (Interposing) What -- excuse me. Go ahead.
A -- and then, the black is the most prevalent I believe that I have ever seen her with.
Q Did she ever wear black very often?
A Yes, sir --
Q (Interposing) Well -- excuse me. Go ahead.
A -- well, I was going to refer to the black she wears?
Q Yes. She wore black fairly regularly and dark purple?
A Yes, sir.
Q And the floppy hat that she gave to you -- did she give you a floppy hat?
A She gave that to me too; yes, sir.
Q What color was it?
A That was black.
Q It was black?
A Yes, sir.
Q Now, you testified that the CID -- you had called them and waited an hour for them to come; is that correct?
A Probably a little more; I believe it was a little more than that.
Q Do you know whether or not the CID ever subsequently interviewed Helena Stoeckley?
A Yeah; I believe it was in 1971 when I accompanied a CID agent out of Washington into Nashville.
Q Do you know whether or not he ever interviewed her in 1970?
A No, sir; they didn't that night, and I had the hat and the wig and nobody ever came for that.
Q I believe you testified that on the early morning of the 18th you saw her return to her house on Clark Avenue with three males; is that correct?
A There was at least three with her.
Q Now, did you ever have an occasion during the time that you were on Narcotics, back in 1970, to see other people having floppy hats besides Helena Stoeckley?
A Oh, yes; yes, sir.
Q Was that a fairly common thing to wear in the hippie community?
A With those hippies; yes, sir.
Q So the fact that Helena Stoeckley had a floppy hat wasn't particularly unusual; was it?
A Well, no, sir. I would not say it was unusual.
Q Was it unusual that she wore boots?
A No.
Q And if you saw her in black on the day that she -- on the 18th -- you didn't think anything particularly unusual about the fact that you saw her in black, did you?
A No, sir, I didn't, huh-uh (no).
MR. BLACKBURN: Just a second.
(Pause.)
BY MR. BLACKBURN:
Q With respect to the time that you held Helena Stoeckley for an hour and the three males for an hour -- is that correct? Which date was that?
A Well, I didn't exactly hold, really -- I detained them more or less. I didn't never -- I never arrested them.
Q Did you ever consider arresting them?
A I did -- if I had -- at Fort Bragg -- if I had had a reason -- I had no reason, but I would -- if they would --
Q (Interposing) At the time you held them you had no reason to arrest them, is that correct?
A No, sir; I had no reason.
MR. BLACKBURN: No further questions, Your Honor, of this witness.
MR. SMITH: Your Honor, may I ask one additional question I did not go into on direct that I would like to? It will just be for one matter.
THE COURT: Yes.
MR. BLACKBURN: Your Honor, may we approach the bench?
THE COURT: Yes.
B E N C H C 0 N F E R E N C E
MR. BLACKBURN: It seems to us the Defense is getting in the back door what they cannot get in the front door, that those are police drawings -- recent ones. These are the most recent police artist drawings. They have not been authenticated and I assume what Mr. Smith is going to do is show his witness and ask him if that looks like him?
MR. SMITH: That is what I am going to do. I don't have in mind offering it in evidence, but asking him if he has ever seen that person.
MR. MURTAGH: Judge, showing someone a picture like that is like asking a jury not to think of a big white fuzzy bear, because at the time you say it they are going to think it. It is something that I think is not properly offered in this matter -- I think especially when we have the original artist's conception drawings, which are radically different from these four. I mean, why did they have new ones made on the eve of trial, and who made them, and how was it done?
THE COURT: Well, to begin with, I have detected in this witness a -- I may be mistaken -- and it is some hostility toward the CID, both in his voir dire examination and again here this morning. I have assumed that because they did not come down there on the double and arrest those people and check it out that he disagreed that it's good police tactics. Actually, he never called them himself. He's assuming that some radio operator did contact them.
MR. MURTAGH: The only person on duty, other than the people who were probably running around checking out leads -- if there was ever a time when the Fort Bragg CID was strapped it was then.
MR. SMITH: But that is speculation.
THE COURT: Well, I don't know about that; but in any event, this recent drawing here -- you want to ask him about it?
MR. SMITH: Judge, yes. Here is the thing: I think I have a right to take that book and hand it up to him and ask him if he has ever seen it before. I don't know why I've got to authenticate a photo. I'm not going to publish it to the jury at this point. It may be published at a later point, but I think I've got a right to hand him up a photograph of Genghis Khan, and ask him if he's ever seen it? And it will be tied in later, but at this point all I intend to do is hand him a photograph, identify just whatever it is, and ask him if he has had an opportunity to examine the photograph before -- which he has -- and then ask him if he can identify --
THE COURT: (Interposing) It is not a photograph, is it?
MR. SMITH: I will call it a drawing.
MR. MURTAGH: Your Honor, the implication in the minds of the jury is that it is obviously a police artist-type drawing, and they are not properly authenticated.
THE COURT: What is he going to say?
MR. SMITH: He is going to say that yes, he has seen that photograph before and that it does -- that the photograph or the drawing does look like one of the individuals he saw with Helena Stoeckley.
MR. SEGAL: We will tie it up, Your Honor.
THE COURT: Well, if that's got any probative force, I can't see it. I will let you ask him the question, if you are not going to publish it.
MR. BLACKBURN: Before we go back, since we're here -- where are you going next -- the next one?
THE COURT: Listen, you don't have to take that down -- it's just some scheduling matters.
MR. BLACKBURN: What I am getting at -- could some of these six people -- this Jane Zillioux and Gaddis and Brisentine -- their entire relationship with Helena was statements as opposed to visual. That is what we are concerened about.
MR. SMITH: Not necessarily. For example, Jane Zillioux could certainly attest to the fact that she was in Nashville and what she looked like -- you know, her physical condition.
MR. MURTAGH: Your Honor, as to that witness, I don't think that witness is capable of following the Court's instructions. I really don't think she understands the difference between what she saw and what she thinks. I think in particular that witness could not be examined.
THE COURT: Who?
MR. MURTAGH: Zillioux, the woman from Nashville -- without her blurting out.
MR. SMITH: Let me ask you this. I assume that the Court feels that we handled Mr. Beasley very well within Your Honor's instructions?
THE COURT: I don't think you transgressed any ruling I have made about that.
MR. SMITH: I would say the way to handle that is to let us try, and if we get out of line, object and the Court can rule. I don't see why we should take the judge's time.
THE COURT: Will you caution her?
MR. SMITH: Sure.
MR. MURTAGH: The business of her looking down at her hands -- in other words, if she wants to testify that Helena lived in a little house and she worked at Bonnie's Shoetique and the rest of this, and that she had hepatitis --
THE COURT: (Interposing) I have ruled all that out. All that mess is out.
MR. MURTAGH: Your Honor -- well, I am concerned that she is capable of following the instructions.
THE COURT: Go ahead.
(Bench conference terminated.)
THE COURT: Ask your question.
R E D I R E C T E X A M I N A T I O N 11:08 a.m.
BY MR. SMITH:
Q Mr. Beasley, I have what is marked for identification as Defendant Exhibit Number 90; and first, I will ask you, Mr. Beasley, if you have ever examined that object before?
(Defendant Exhibit No. 90 was marked for identification.)
A I have seen one like this.
THE COURT: I thought you were not going to publish this to the jury? He is publishing it.
MR. SMITH: Don't hold it so anyone can see it, Mr. Beasley.
THE WITNESS: I'm sorry.
THE COURT: That's all right. Now, that you have already done it, show it to them again if you want to.
MR. SMITH: If Your Honor pleases, I would hasten to inform the Court --
THE COURT: (Interposing) That was not your fault.
MR. SMITH: I am sure Mr. Beasley did not intend to do it.
BY MR. SMITH:
Q Mr. Beasley, have you examined that photograph, or whatever it is, before?
A Yes, sir.
Q When did you have a chance to look at it?
A I saw one in the newspaper like this.
Q Have you had an opportunity to examine that particular item in the past few days?
A Yes, sir; back in the interview room with Ms. Stoeckley and Mr. Segal.
Q All right, now, Mr. Beasley, I will ask you if you will to describe what this object is that you have examined?
A It is a picture of one of the suspects.
Q Is it a drawing?
A Drawing of one of the suspects.
Q Mr. Beasley, does that drawing portray fairly any individual that you ever saw with Helena Stoeckley?
A Yes, sir.
Q Do you know the name of that individual?
A Yes, sir.
Q What was his name?
A His last name was Mazzarole.
Q Mazzarole?
A Yes, sir.
Q Do you know his first name?
A Yes, sir; I've got it here.
Q Would it refresh your recollection if I asked you if his name was Allen?
A That's it; Allen P. Mazzarole.
Q Allen Mazzarole?
A Yes, sir.
MR. SMITH: No further questions, Your Honor.
MR. BLACKBURN: Just a moment, Your Honor.
R E C R O S S - E X A M I N A T I O N 11:12 a.m.
BY MR. BLACKBURN:
Q When was the last time you saw Mr. Mazzarole?
A I can look at my records and tell you.
Q Approximately?
A About 1970 -- '69 or '70. I arrested him with about $15,000 worth of LSD.
Q How many times did you see him in your career?
A In my career -- about half a dozen times.
Q Do you have a picture of him?
A No, sir; I don't have one with me. The records don't have them in Fayetteville. They are all misplaced. I don't know where they are. I tried to get one, but I could not find it.
Q The drawing that was exhibited to you by Mr. Smith -- do you know when it was made?
A No, sir.
Q Do you know who made it?
A No, sir; I don't.
Q Well, the time that you had Helena and the three friends in with you at the police station, did you take any pictures of them?
A No, sir; they were never arrested. They do not --
Q (Interposing) I don't want to cut you off. Are you through, or were you through?
A Yeah; I'm through. I was just going to explain why.
Q Yes; go ahead?
A We don't take pictures unless we arrest them.
MR. BLACKBURN: No further questions.
THE COURT: Any further?
MR. SMITH: No, sir.
E X A M I N A T I O N 11:13 a.m.
BY THE COURT:
Q Let me ask you, Mr. Beasley, about several matters that either I didn't hear your answers, or you were not asked. You say you didn't arrest these people? Where did you detain them?
A At Helena's house.
Q Just out there in the driveway?
A Yes, sir; I stayed right out there. We was right out there in the street.
Q You kept them there for about an hour?
A Yes, sir.
Q You called in to the police department and asked them to get somebody on the radio, to get these people to come out there?
A That is correct.
Q After an hour, nobody showed up?
A Nobody showed up.
Q So you let them go?
A That is correct.
Q I assume you did get their names, didn't you?
A Yes, sir; I've got their names in the folder that is missing, Your Honor. We can't locate it anyplace. We have located these records, but that folder is missing.
Q Did you ever turn that folder over to the investigators?
A Yes, sir; it was turned over -- well, turned over to our office. Now, it was 1971 before I got any further contact with the CID and this folder was never requested. Had it been, they could have had it easily.
Q You never volunteered to let them have it?
A No, sir.
Q I see. And do you know whether or not any of these people were ever interviewed by the CID?
A To my knowledge, not one of them. The only one was Helena.
Q I say, do you know whether or not?
A To my knowledge; no, sir, except Helena Stoeckley.
Q Can you recall the names of any of the people that were with her that night?
A There was one name that I can remember -- his name was Greg Mitchell. And the other two I cannot. That name sounds familiar because he was one of the boys that was sort of in charge of a group of the hippie-type people there, and we had a special lookout on him. He lived somewhere here in North Carolina, but we can't find any records on him anywhere in our office.
Q As a result of any investigation that you ever made, do you know whether or not anyone was ever arrested or charged with anything in connection with these crimes?
A Not with the crimes, Your Honor, but the black man -- I signed a warrant for him and he was arrested and released on a $2,000 bond, and we have not seen him since. He never showed up and the case was nol pros'd in Superior Court.
Q What was he charged with?
A Possession of drugs. He was one of the men that I was looking for the day we hit the trailer with the other people that were supposed to have been there. The other three was not there -- or he wasn't there when we raided the trailer.
THE COURT: Do the lawyers on either side of this case want to ask this witness anything in consequence of what the Court has asked him?
MR. BLACKBURN: Your Honor, I have one. I don't know if Mr. Smith does.
MR. SMITH: I have one.
THE COURT: You may sit there, because you are just before being asked several questions by each side.
MR. SMITH: We will let the Government proceed if they wish.
THE COURT: He is your witness. I will let you go first.
MR. SMITH: I was just trying to be kind to the Government, Your Honor.
F U R T H E R R E D I R E C T E X A M I N A T I O N 11:16 a.m.
BY MR. SMITH:
Q Mr. Beasley, what efforts have you made to locate your records?
A We have had two subpoenas issued for my records with the Narcotics Bureau and with the Identification Bureau in Fayetteville, and we have not come up with anything except one name, and that is on the Sanders man. And the only thing we have is the records in the court, and nothing else. That is all.
Q When is the last time you saw your records?
A When I retired in 1975, I believe I left my records intact. I asked my supervisor if I ever needed them again -- or could I have them or could I take then with me. They said, "no," that if I ever needed them, that they would be there.
Q And have vou been actually to look for them?
A Myself? Yes, sir. I have been down, along with Mr. Myers, I believe his name is, and along with an SBI agent. We went through the files and we cannot find them.
MR. SMITH: No further questions.
F U R T H E R R E C R O S S - E X A M I N A T I O N 11:18 a.m.
BY MR. BLACKBURN:
Q Mr. Beasley, you testified when you detained these folks, you were in the driveway of Helena's?
A Yes, sir; the vicinity. Yes, sir.
Q You went to your car and called the police department and told them to call CID?
A That is correct.
Q You never yourself called CID directly, did you?
A No, sir; I stayed with these people and had my dispatcher to call.
MR. BLACKBURN: No further questions.
MR. SMITH: Any questions by the Court?
THE COURT: One more. Did you ever thereafter undertake, during 1970, to communicate with the CID relative to this thing?
THE WITNESS: Prior to '71, or during 1970?
THE COURT: Just like the question said -- 1970.
THE WITNESS: Yes, sir. I had a CID agent riding around with me one night. Helena was in the back seat and he was in the front seat, and no questions were ever asked regarding this.
THE COURT: That answered my one question. Anyone else got any?
(No response.)
THE COURT: Call your next witness.
MR. SMITH: Come down, please, Mr. Beasley.
(Witness excused.)