Of the five girls brought down from Independence, Catherine Share, aka Gypsy, refused to testify, and we had not called Leslie Van Houten, since we were now aware that she was one of the LaBianca killers. The three remaining—Dianne Lake, aka Snake; Nancy Pitman, aka Brenda; and Ruth Ann Moorehouse, aka Ouisch—all denied any knowledge of the murders.
I’d anticipated this. However, I had another reason for calling them. If they appeared as defense witnesses when we went to trial, any discrepancy between what they told the grand jury and the trial jury would give me a prior inconsistent statement with which to impeach their testimony.
At 4:17 P.M. the Los Angeles County grand jury began their deliberations. Exactly twenty minutes later they returned the following indictments: Leslie Van Houten, two counts of murder and one count of conspiracy to commit murder; Charles Manson, Charles Watson, Patricia Krenwinkel, Susan Atkins, and Linda Kasabian, seven counts of murder and one count of conspiracy to commit murder.
We’d got the indictments. And that was about all we had.
DECEMBER 9–12, 1969
Neither Aaron nor I logged the calls we received, but it would be a safe guess that we were getting upward of a hundred a day, to most of which our only response was “no comment.” The press was frantic. Although the indictments had been made public, the grand jury transcript itself had been “sealed”; it would remain secret until a week to ten days after the last defendant was arraigned. It was rumored that one magazine offered $10,000 just to look at a copy.
An officer Thomas Drynan called from Oregon. He had arrested Susan Atkins in 1966, as part of a holdup gang. At the time she had been carrying a .25 caliber pistol and had told Drynan that if he hadn’t drawn first she would have shot and killed him. At this stage of the investigation such information had no relevance. There was always a chance, however, that it might be useful later, and I made a note of his name and telephone number.
My cubicle in the Hall of Justice measured 20 feet by 10 feet, the furnishings consisting of a battered desk, a rickety cot brought in for cat naps at lunch hour, a filing cabinet, a couple of chairs, and a large table, usually piled high with transcripts and exhibits. A reporter once described the decor as 1930 Chicago. At that I was lucky, since the other deputy DAs had to share their offices. When I had a witness to interview, I’d have to drive everyone else out—not always diplomatically. That left the phone, which, since none of us had secretaries, we had to answer ourselves.
Each day brought new developments. Thus far, although sheriff’s deputies had dug up a sizable portion of Spahn Ranch, no trace of the remains of Donald “Shorty” Shea had been found. However, acting on the information supplied by Mary Brunner, LASO searched the neighborhood adjacent to 20910 Gresham Street, Canoga Park, and found, just around the corner from the former Family residence, Shea’s 1962 Mercury. It was dirt-covered and rain-streaked, apparently having been abandoned some months before. Inside the vehicle was a footlocker containing Shea’s personal effects; dusting it, LASO found a set of palm prints, which were later matched to Family member Bruce Davis. Shea’s cowboy boots were also in the car. They were caked with dried blood.
Independence, California, 4 P.M., December 9. Charles Milles Manson, aka Jesus Christ, age thirty-five, address transient, occupation musician, was charged with the Tate-LaBianca murders. Sartuchi and Gutierrez were bringing him to Los Angeles.
We scheduled Manson’s arraignment on a different date than that of the other defendants, fearing that if Atkins and Manson met in the courtroom he’d persuade her to repudiate her testimony.
A reporter located Susan Atkins’ father in San Jose. He said he didn’t believe this claim that Susan was under the “hypnotic spell” of Manson. “I think she is just trying to talk her way out of it. She’s sick and she needs help.” According to the reporter, Mr. Atkins blamed Susan’s involvement on her use of drugs and the leniency of the courts. He said he’d tried for three years to get the courts to keep his rebellious daughter off the streets; had they done so, he implied, this might not have happened.
For Susan, I realized, the Family was her only family. I understood now why Caballero felt it was only a matter of time before she returned to the fold.
On December 10, Susan Atkins, Linda Kasabian, and Leslie Van Houten were brought before Judge William Keene. All three requested and were granted continuances before entering pleas.
This was the first time I had seen Kasabian. She was short, about five feet one, with long, dark-blond hair and green eyes, and was quite obviously pregnant. She looked older than twenty. In contrast to Susan and Leslie, who smiled and giggled through most of the proceedings, Linda seemed on the edge of tears.
Following the grand jury hearing, Judge Keene had called Aaron and me into chambers. At that time he’d told us that since the DA’s Office was not discussing the case with the press, he saw no need to issue a “publicity order” (or, as it is most often called, a “gag order”) covering the case. However, owing to the incredible amount of pre-trial publicity—a New York Times reporter told me that already it far exceeded that given the first Sam Sheppard trial—Judge Keene, without consulting our office, now went ahead and issued a detailed publicity order. Later amended several times, it would run to a dozen pages. In essence, it forbade anyone connected with the case—prosecutors, defense attorneys, police officers, witnesses, and so forth—to discuss the evidence with any representative of the media.
Though unknown to me at the time, the order was already too late to prevent an inside account of the murders from making headlines around the world. The previous evening, attorney Richard Caballero, acting on the basis of an agreement with Susan Atkins, had arranged the sale of the publication rights to her story.
Call from LAPD. Charles Koenig, an attendant at the Standard service station at 12881 Ensenada Boulevard in Sylmar, was cleaning the women’s rest room when he noticed the toilet was running. Lifting the lid off the tank, he found, on top of the mechanism, damp but above the waterline, a woman’s wallet. He’d checked the driver’s license and credit cards, saw the name “Rosemary LaBianca,” and immediately called LAPD.
SID was checking the wallet for prints but, because of both the material and the dampness, they doubted they’d find any.
Just the discovery of the wallet was enough for me, for it provided another piece of independent evidence supporting Susan Atkins’ story. Apparently the wallet had been there, undiscovered, since Linda Kasabian placed it there the night of the LaBianca murders, exactly four months ago.
At 11 A.M. on December 11 buckskin-clad Charles Manson was brought before Judge William Keene. The courtroom was so packed with reporters and spectators you couldn’t have squeezed another person in with a shoehorn. Since Manson lacked funds to hire an attorney, Keene appointed Paul Fitzgerald of the Public Defender’s Office to represent him. I’d come up against Paul before on several jury trials and knew he had a good reputation in his office. Manson was arraigned, and a postponement granted until December 22 for the entering of his plea.
In Independence, Sandra Good had told me that once, in the desert, Charlie had picked up a dead bird, breathed on it, and the bird had flown away. Sure, Sandy, sure, I replied. Since then I’d heard a great deal about Manson’s alleged “powers”; Susan Atkins, for example, felt he could see and hear everything she did or said.
Midway through the arraignment I looked at my watch. It had stopped. Odd. It was the first time I could remember that happening. Then I noticed that Manson was staring at me, a slight grin on his face.
It was, I told myself, simply a coincidence.
Following the arraignment, Paul Fitzgerald told Ron Einstoss, veteran crime reporter for the Los Angeles Times: “There’s no case against Manson and these defendants. All the prosecution has are two fingerprints and Vince Bugliosi.”
Fitzgerald was right about our case being weak. But I didn’t intend that it should remain that way. Nearly three weeks ago I’d given the Tate detectives, C
alkins and McGann, an initial list of things to do, among which were to interview Terry Melcher; check the prints of every known Family member against the unmatched Tate latents; show photographs of Family members to friends and relatives of the victims; determine if the glasses belonged to anyone in the Family.
I called in Calkins and McGann and asked for a progress report. I learned that only one of the things on the list had been done. Melcher had been interviewed. By the LaBianca detectives.
To date LAPD hadn’t even begun looking for the Tate weapons and clothing, though Susan Atkins’ statements gave us some good clues as to the general area where they should be. Arrangements were made through our office for Susan to be taken from Sybil Brand the following Sunday, to see if she could point out the spots where Linda Kasabian had thrown the various items.
Fitzgerald was not the only one who felt we had no case. The consensus in the DA’s Office and the Los Angeles legal community—which I picked up from many sources, usually with some such remark as “Too bad you had to get involved in such a bummer”—was that the case against Manson and most of the other defendants would be thrown out on an 1118 motion.
Under section 1118.1 of the California Penal Code, if at the end of the People’s case the court feels the prosecution has failed to put on enough evidence to sustain a conviction on appeal, the judge is empowered to acquit the defendants. They aren’t even required to put on a defense to the charges.
Some felt it wouldn’t even get that far. Newsweek quoted an unnamed Los Angeles County deputy district attorney as saying that our case against Manson was so anemic that it would be thrown out even before we went to trial.
Such talk, in addition to the national exposure that would be accorded any defense attorney connected with the case, was, I suspected, the reason Manson was having so many visitors at the Los Angeles County Jail. As one deputy sheriff put it, “It’s like a bar association convention over here.” (Between December 11, 1969, and January 21, 1970, Manson had 237 separate visits, 139 of which were by one or more attorneys.) Among the first lawyers to call on him were Ira Reiner, Daye Shinn, and Ronald Hughes, none of whom I knew at that time, though I’d know all three much better before the trial ended.
Rumors multiplied like bacteria. One was that, prior to the imposition of the gag order, Caballero had sold Atkins’ story to a European press syndicate, with the stipulation that the story was not to be released in the United States until after the grand jury transcript was made public. If true, I seriously doubted if American papers would respect such an agreement. There were bound to be leaks.
DECEMBER 14, 1969
I didn’t have to look for a newsstand that sold foreign papers. When I got up that Sunday morning, I needed only to walk out the front door, reach down, and pick up the Los Angeles Times.
SUSAN ATKINS’ STORY OF 2 NIGHTS OF MURDER
The story covered nearly three pages. Though obviously edited and rewritten, with some additional material on her childhood, it was essentially the same story Susan Atkins had related on the tape made in Caballero’s office.
Not until the trial itself would the story-behind-the-story come out. The following is reconstructed from the courtroom testimony. I can make no claim as to its accuracy, only that this is what the various participants testified under oath.
Before the imposition of the gag order, Lawrence Schiller, a self-described Hollywood “journalist and communicator,” approached Richard Caballero and his law associate, Paul Caruso, asking if they would be interested in selling Susan Atkins’ first-person account of the murders. After consulting with Susan, an agreement was reached and a “ghost”—Los Angeles Times reporter Jerry Cohen, on leave of absence from the paper—was hired to write the account.[40] Using as his main source the December 1 tape, Cohen completed the story in just two days, while locked in a room in Schiller’s home. To make sure he maintained “exclusivity,” Schiller saw that Cohen had neither carbon paper nor access to a phone, and he destroyed all but the finished draft.
According to their subsequent courtroom testimony, Caballero and Caruso understood that initially the story was to appear in Europe only, with a publication date of Sunday, December 14.
According to Schiller, on December 12 he made three Xerox copies of the manuscript: one was given to Caballero; one to a German editor who had bought the rights for his magazine and who translated it as he flew back to Germany; and the third flown by special courier to the London News of the World, which had paid $40,000 for exclusive English rights. Schiller put the original in his own safe.
The following day, Saturday, December 13, Schiller learned (1) that the Los Angeles Times also had a Xerox copy of the manuscript, and (2) that the Times intended to run it in full the following day. Screaming copyright infringement, Schiller tried, unsuccessfully, to stop publication.
Exactly how the Los Angeles Times obtained the story remains unknown. During the trial Caballero more than hinted that he suspected Schiller, while Schiller attempted to put the blame on Caballero.
Whatever the ethics of the whole matter, the Atkins story created immense problems which would plague both the defense and the prosecution throughout the trial. The story was not only reprinted in newspapers all over the world; even before the trial started it appeared as a paperback book, titled The Killing of Sharon Tate.[41] It was felt by some that the Atkins revelations would make it impossible for the defendants to obtain a fair trial. Although neither Aaron nor I nor, eventually, the trial judge, shared this view, we were all too aware, from the moment the story broke, that finding twelve jurors who hadn’t read or heard of the account, and then keeping any mention of it out of the courtroom itself, would be a difficult task.
Few of the Angelenos who read Susan Atkins’ story in the Times that Sunday were aware that she was at the same time riding around Los Angeles and its environs in a nondescript, though heavily guarded, automobile. We were hoping she would point out the places where the clothing and weapons had been discarded following the Tate murders.
On returning to Sybil Brand that night, Susan wrote a letter to a former cellmate, Kitt Fletcher, in which she told of her excursion: “My attorney is great. He has had me out to his office twice and today he got me out for 7 hours. We went riding in a car up to the Tate mansion and through the canyons. The LAPD wanted me to see if I could recall where certain things happened. It was such a beautiful day my memory vanished.”
As in most jails, the mail at Sybil Brand was censored, both letters received and letters sent being read by the authorities. Those which contained what appeared to be incriminating statements were photocopied and given to our office. Under existing case law, this could be done without violating a prisoner’s constitutional rights.
Susan/Sadie was in a letter-writing mood. Several of her letters contained damaging admissions which, unlike her grand jury testimony, could be used against her in the trial, if we chose to do so. To Jo Stevenson, a friend in Michigan, she’d written on the thirteenth: “You rember the Sharon Tate murder and LaBianca murder? Well because of my big mouth to a cell-mate they just indicted me and 5 other people…”[42]
Even more incriminating, and revealing, was a “kite” Susan sent Ronnie Howard. In jail parlance, a kite is any illegal communication. The letter, which Susan smuggled to Ronnie via the underground at Sybil Brand, read as follows:
“I can see your side of this clearly. Nor am I mad at you. I am hurt in a way only I understand. I blame no one but myself for even saying anything to anybody about it…Yes, I wanted the world to know M. It sure looks like they do now. There was a so called motive behind all this. It was to instill fear into the pigs and to bring on judgment day which is here now for all.
“In the word kill, the only thing that dies is the ego. All ego must die anyway, it is written. Yes, it could have been your house, it could have been my fathers house also. In killing someone phisally you are only releasing the soul. Life has no boundris and death is only an illusion. If you can bel
ieve in the second coming of Crist, M is he who has come to save…Maybe this will help you to understand…I did not admit to being in the 2nd house because I was not in the 2nd house.
“I went before the grand jury because my attorney said your testimony was enough to convict me and all the others. He also said it was my only chance to save myself. Then I was out to save myself. I have gone through some changes since then…I know now it has all been perfect. Those people died not out of hate or anything ugly. I am not going to defend our beliefs. I am just telling you the way it is…As I write to you I feel more at ease inside. When I first heard you were the informer I wanted to slit your throat. Then I snapped that I was the real informer and it was my throat I wanted to cut. Well that’s all over with now as I let the past die away from my mind. You know it will all turn out ok in the end anyway, M or no M, Sadie or no Sadie, love will still run forever. I am giving up me to become that love a little more every day…”
Quoting a lyric from one of Manson’s songs, Susan ended the letter: “Cease to exist, just come and say you love me. As I say I love you or I should say I love Me (my love) in you.
“I hope now you understand a little more. If not, ask.”
Ronnie, who was now living in deathly fear of Susan, turned the letter over to her attorney, Wesley Russell, who passed it on to our office. It would prove far more damaging to Susan Atkins than the confession which appeared in the Los Angeles Times.
DECEMBER 15–25, 1969
Helter Skelter Page 28