Attorney Shinn Faces Start of Perjury Trial
Tuesday, December 3rd, 1974
LOS ANGELES, Dec. 3 – Attorney Daye Shinn faces trial on perjury charges today, two months after similar charges were dismissed against former prosecutor Vincent T. Bugliosi when no commission of their alleged crime could be established in court.
Both lawyers were indicted last June 28 on charges of lying three times under oath in denying they gave a reporter, William Farr, transcripts of a witness’ statement despite a gag order during the 1970 Charles Manson murder trial.
Due to begin Monday, Shinn’s trial was postponed one day by Los Angeles Superior Judge Earl C. Broady because Shinn’s lawyer, Robert Kirste, was handling two cases in another court.
Broady earlier delayed the trial from its planned Nov. 18 beginning because special prosecutor Theodore P. Shield was in trial in a civil case in Riverside.
Bugliosi, who along with Farr is subpoenaed as a witness in the Shinn trial, was out of town Monday on a promotion tour for his bestselling book, “Helter Skelter, The True Story of the Manson Murders.”
Harland Braun, Bugliosi’s attorney, said Bugliosi would return to the Los Angeles courtroom whenever Shield requests but that Bugliosi would refuse to testify.
Braun said if Bugliosi were questioned once more under oath and denied handing Farr a transcript, Shield might seek to reindict him for a fourth instance of perjury.
Bugliosi has steadfastly maintained that he did not give Farr a transcript and that he has testified truthfully.
Although the charges of perjuring himself once before the grand jury and twice before Superior Judge Charles H. Older were dismissed, effectively clearing Bugliosi, Braun said a new charge could subject his client to another trial which he considers unnecessary.
Farr and his attorney, Mark Hurwitz, said the reporter would answer no more questions this time than he did in the aborted Bugliosi trial — which means Shield still faces the problem of proving perjury ever happened, or the “corpus delicti” of the crime.
What Shield needed in the Bugliosi trial and never got was a statement Farr once made before Older that Farr had received transcripts from two of the six lawyers in the Manson case.
Farr has said that statement, made on the advice of a former attorney, was an error, because it limited the anonymity a newsman can promise his sources, and one he would not compound by repeating.
The reporter spent 46 days in jail two years ago for refusing to identify his sources. He still faces five more days and a $500 fine, the final punitive sentence for contempt imposed by Older last July 29.
By MYRNA OLIVER
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