After focusing on all the things I had brought out which were not in the Sartuchi interview, Kanarek asked Juan when he first mentioned the knife incident to anyone.
A. “Well, there was some officers in Shoshone, you see, and I talked to them.” Flynn, however, couldn’t recall their names.
Kanarek strongly implied, several times, that Flynn was fictionalizing his story. Juan didn’t take kindly to being called a liar. You could see his temper rising.
Intent on proving that Flynn was testifying so he could further his movie career (Juan had had bit parts in several Westerns), Kanarek asked: “You recognize, do you not, that there is lots of publicity in this case against Mr. Manson, right?”
A. “Well, it is the type of publicity that I wouldn’t want, you big catfish.”
THE COURT “On that note, Mr. Kanarek, we will adjourn.”
After court I questioned Juan about the Shoshone interview. He thought one of the officers was from the California Highway Patrol, but he wasn’t sure. That evening I called the DA’s Office in Independence and learned that the man who had interviewed Juan was a CHP officer named Dave Steuber. Late that night I finally located him in Fresno, California. Yes, he’d interviewed Flynn, as well as Crockett, Poston, and Watkins, on December 19, 1969. He’d taped the whole conversation, which had lasted over nine hours. Yes, he still had the original tapes.
I checked my calendar. I guessed Flynn would be on the stand another day or two. Could Steuber be in L.A. in three days with the tapes and prepared to testify? Sure, Steuber said.
Steuber then told me something I found absolutely incredible. He had already made a copy of the tapes and given it to LAPD. On
Perhaps it was because the interview was so long, nine hours. Or perhaps, it being the holiday season, in the confusion they were mislaid. Neither explanation, however, erases the unpleasant fact that as early as December 1969 the Los Angeles Police Department had a taped interview containing a statement in which Manson implied that he was responsible for the Tate-LaBianca murders, and as far as can be determined, no one even bothered to book it into evidence, much less play it.
Ordinarily there would have been no way I could introduce the Steuber tape into evidence at the trial, for you cannot use a previously consistent statement to bolster a witness’s testimony. However, there is an exception to that rule: such evidence is admissible if the opposing side contends the witness’s testimony was recently fabricated and the prior consistent statement was made before the declarant had any reason to fabricate. When Kanarek asked, “You mean, Mr. Flynn, that you made it up for the purposes of this courtroom, is that correct, Mr. Flynn?” he was charging recent fabrication, and opening the door for me to bring the prior consistent statement in.
A lot of doors were opened on cross-examination, but at first the biggest did not look like a door at all. The defense had made much of the fact that Juan did not tell his story to the authorities until long after the events occurred. With this opening, I argued, I should be allowed to bring out the reason why: he was in fear of his life.
Responding to Kanarek’s objection, Older said: “You can’t go into all of these things on cross and expect the other side to do nothing about them, Mr. Kanarek. You can’t paint them in a corner and say they can’t work their way out.”
Juan was permitted to testify that he didn’t go to the police because “I didn’t think it was safe for me to do that, you see. I got a couple of threat notes…”
Actually, Juan had received three such notes, all handed him by Family members, the last as late as two weeks ago, when Squeaky and Larry Jones had discovered that Juan was living in John Swartz’ trailer in Canoga Park. Arguing against their admission, Fitzgerald made an interesting statement: “My life has been threatened three times, and I haven’t come forward and talked about it.”
BUGLIOSI “Has the prosecution threatened you?”
FITZGERALD “No, I am not saying that.” He didn’t elaborate.
Older ruled that Juan could testify to the notes, though not the identities of the persons who gave them to him. Juan also testified to the hang-up calls, the cars that raced past in the night, their occupants oinking and screaming, “Motherfucker!” and “Pig!”
I asked him: “And you considered these threats, is that correct?”
A. “Well, they sounded, you know, pretty strong to me.”
Q. “Are those among the reasons why you didn’t want to come downtown and talk?”
A. “Well, this was one of the reasons, yes.”
Q. “Because of fear of your life?”
A. “Yes.”
When I asked about the other reasons, Juan described how Manson, Clem, and Tex had creepy-crawled Crockett’s cabin at Barker Ranch.
All of this came in because the defense so gratuitously opened the door on cross.
Because Kanarek had questioned Juan about Manson’s “programming” of Family members, I was able to bring in a conversation Manson had with Juan in which he explained that he had to “unprogram” his followers to remove the programming placed upon them by their parents, schools, churches, and society. To get rid of the ego, Manson told him, you had to obliterate “all the wants that you had…give up your mother and father…all the inhibitions…just blank yourself out.”
Since Manson’s techniques differed depending on whether his subject was male or female, I asked what Manson had said about unprogramming the girls. I didn’t anticipate that Juan would go into the detail he did.
A. “Well, he says, you know, to get rid of the inhibitions, you know, you could just take a couple of girls and, you know, have them lay down, you know, and have them eat each other, or for me to take a girl up in the hills, you know, and just lie back and let her suck my dick all day long…”
KANAREK “Your Honor, Your Honor! May we approach the bench, Your Honor?”
Earlier one of the alternate jurors had written Judge Older a letter complaining about the sexual explicitness of some of the testimony. I didn’t look at him, but I suspected he must be having apoplexy. As I passed the counsel table on the way to the bench, I told Manson, “Don’t worry, Charlie, I’m keeping all the bad stuff out.”
Older struck the entire answer as nonresponsive.
I asked Juan: “Did Mr. Manson discuss with you—
What Manson never explained to his Family was that in the process of unprogramming them, he was reprogramming them to be his abject slaves.
Throughout his cross-examination Kanarek had implied, as he had with many of the earlier witnesses, that Juan had been coached by me. I thought Kanarek was going to do this again, for the umpteenth time, when on recross he started: “Mr. Flynn, when a question is asked of you that you think may not help the prosecution in this case—”
BUGLIOSI “Oh, stop arguing.”
KANAREK “Your Honor, he’s interrupting!”
BUGLIOSI “Be quiet.”
THE COURT “Mr. Bugliosi, now, I’m not going to warn you again, sir.”
BUGLIOSI “What’s he doing, Your Honor? He’s accusing me of something and I don’t like it.”
THE COURT “Approach the bench.”
BUGLIOSI “I am not going to take it. I’ve had it up to here.”
My indignation was as much a matter of trial tactics as anything else. If I let Kanarek get away with the same trick time after time, the jury might assume there was some truth to his charges. At the bench I told Older:
