1900-1999 A.D. Assyrian History

1975: From The Public Records of The Trial Proceedings of The Assassination of His Holiness, Mar Eshai Shimun XXIII

From The Public Records of the Superior Court of the State of California, USA - Nov. 6, 1975

Posted: Monday, July 17, 2000

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SANTA CLARA

COURTROOM NO. 5

BEFORE HONORABLE GEORGE H. BARNETT, JUDGE,

AND A JURY.

San Jose, California

APPEARANCES:

On March 8, 1976, the Court addressed the prospective jurors, who were sworn in and examined. The examination continued on March 9, 1976. On the morning of March 10, 1976, examination of the prospective jurors was concluded, and the twelve members of the jury and two alternate jurors were duly sworn. The jury was instructed, and the proceedings were continued to Friday, March 12, 1976.

Court convened March 12, 1976, at 9:45 a. m. , and the Deputy District Attorney, Mr. Robinson, presented his opening statement on behalf of the People of the State of California. Mr. Pestarino, attorney for the defense, reserved his opening statement until the beginning of his case. The Clerk then read the Indictment, to which the defendant had pleaded not guilty, and the first witness, Richard Thomas Mason, M. D. , was called, duly sworn, and examined. Mr. Robinson moved that all witnesses and prospective witnesses be excluded. Attorney Pestarino had no objections, and the Court so ordered. It was stipulated that the defendant's investigator and the prosecution's chief investigator may remain, should it be so desired.

Dr. Mason declared that he is the assistant medical examiner coroner for the County of Santa Clara. He testified that on November 7, 1975, at 10:15 a. m. , he performed an autopsy on His Holiness, Mar Eshai Shimun, at Santa Clara Valley Morgue. The cause of death was gunshot wounds in the chest and abdomen. There were three gunshot wounds of entrance present on the front surface of the body; a single gunshot wound of exit present on the right posterior shoulder; a bruise at the left corner of the eye; and a small laceration over the bridge of the nose where he had struck his head in falling. A diagram regarding the wounds was presented and marked as People's Exhibit No. 1. Dr. Mason stated that the exhibit was basically an enlargement of the body diagram used in preparing the autopsy notes. The red symbols on it represented the three gunshot wounds of entrance. The black symbol represented the surgical wound made at Santa Teresa Hospital by the doctors in the resuscitator process. There were two other wounds in the chest which were surgical wounds for the insertion of plastic tubes into the chest cavity to drain blood. The wound on the back of the right shoulder was a gunshot wound exit. Two bullets were recovered from the body of Mar Shimun.

Dr. Mason then described the gunshot wounds of entrance as follows:

"There was a gunshot wound of entrance over the left upper front chest at a point 12-1/2 inches beneath the top of the head and 2-1/2 inches to the right of midline. . . There was a second gunshot wound of entrance which was present at 16-1/2 inches beneath the top of the head and

1-1/2 inches to the right of midline. The third wound of entrance was just below the rib margin at 19 inches beneath the top of the head and 1-1/2 to the left of midline. The upper wound penetrated the upper lobe of the right lung and exited through the right back. The second wound penetrated the right lung and the bullet was impacted in the posterior wall of the chest on the right. The third wound penetrated the liver and perforated the stomach, and the bullet was impacted in the spine in the cartilaginous disk between the second and third vertebra -- the second and third lumbar vertebra. ".

Dr. Mason stated that the upper wound was straight, going in at a point 12-1/2 inches beneath the top of the head, and coming out at a point 13 inches beneath the top of the head. The angle of the second bullet was approximately 30 degrees downward with regard to a plane parallel to the floor. If the body had been inclined or bent over at the time the wound was sustained, the angle of the second wound might not have very much significance. The angle of the third wound was approximately 25 degrees downward.

Dr. Mason also stated that, other than the wounds on the face which were consistent with the decedent's falling, there were no other wounds on the body. There was no evidence of powder residue on the skin around the wounds or deep within the wounds. After examining the shirt the decedent was wearing at the time, Dr. Mason testified that there was no powder residue around the bullet holes in the shirt, and that the bullet holes in the shirt corresponded to the bullet holes in the body. This indicated that the range of fire was more than two feet.

The bullets which Dr. Mason removed from the body were then presented to the Court and marked as People's Exhibits No. 2 and 3.

Attorney Pestarino then cross-examined Dr. Mason regarding his experience with, and knowledge of, firearms. The gun allegedly used in the murder was presented to the Court and, after discussion between counsel, was marked as People's Exhibit No. 4.

The second witness, Police Sergeant Aubrey Raymond Parrott, was then called by Attorney Robinson. Sergeant Parrott testified that on November 6, 1975, at approximately 7:10p. m. , he was contacted by county communications and directed to a possible homicide in the area of Woosley and Los Pinos. An aerial photograph was then presented to the Court and marked as People's Exhibit No. 5. Sergeant Parrott then marked Woosley, Los Pinos, and Cottle Streets on the photograph, and indicated the location of a shopping center.

A sketch draw by Sergeant Parrott depicting the downstairs south-east portion, and the entranceway from the sidewalk of 6217 Woosley was then presented to the Court and marked as People's Exhibit No. 6. Sergeant Parrott then named the sketch as the home of the Patriarch, Mar Shimun, and described it in detail. He then testified that he arrived at the scene of the homicide at approximately 8:00 p. m. , and described the scene as follows: ". . . . it is a two-story frame and stucco dwelling with the attached garage. Upon my arrival, the front door on the south side of the two doors was in a full open position. The overhead porch, and the garage wall light which shines into the walkway area there, were in an on position. The entryway interior light was off. There was no living-room lights on. There was an upstairs stairwell light on which gave a little bit of light down into the entryway area. The dining room chandelier light was on, and the front door, as I indicated, was open. However, it did not show any signs of forced entry. " He also indicated that a streetlight in front of the residence was operating at the time.

Sergeant Parrott testified that about 15 minutes prior to his arrival at 6217 Woosley, he was directed to an area between the residences at 376 and 378 Los Pinos -- that is, to a planting strip adjacent to the sidewalk. He had been flagged down by officers as he approached the scene, and his attention was called to the junipers in the planting strip. There was a weapon in the junipers which he picked up by the narrow portion of the gun butt. He identified People's Exhibit No. 4 as the weapon. Sergeant Parrott stated that the clip was inside the weapon, and that it was partially loaded. A single cartridge was in the chamber of the weapon.

After a description of how the gun was loaded and operated, an additional clip was presented to the Court and marked as People's Exhibit No. 7. Sergeant Parrott identified this clip as the one he found in the same junipers at the time he found the loaded pistol.

Attorney Robinson then asked whether Sergeant Parrott had taken fingerprints from the weapon, and Sergeant Parrott testified that latent fingerprints had been taken, and described the process. The four sets of latent fingerprints were marked as People's Exhibits Nos. 8-1, 8-2, 8-3, and 8-4.

Three plastic vials containing cartridges were then presented to the Court and marked People's Exhibit No. 9. Attorney Robinson asked Sergeant Parrott to describe the exhibit. Sergeant Parrott identified the first two as expended cartridge casings, and the third as an expended bullet. He then went on to say that he had found one cartridge casing on the sidewalk, and the other on the entranceway to the house. He had found the bullet lodged in the wallboard a number of feet up from the stairs. The court then recessed.

After the recess, photographs taken by Sergeant Parrott of the scene that night were presented to the Court and marked as People's Exhibit Nos. 10-A through 10-EE.

Attorney Robinson then asked Sergeant Parrott to describe the weapon found at the scene. Sergeant Parrott stated that the weapon was cocked, and the safety was off. The additional clip he found did not appear to go with the weapon, but it did fit the weapon.

Sergeant Parrott then testified that at approximately 6:15 a. m. he had in his possession a search warrant signed by a Superior Court judge of Santa Clara County, and he searched Room 129 at the Oasis Motel. He described the room as follows: "… room with a bed, and in the immediate area after entering through the door has a small desk over against the window with a lamp on it, and, I believe, a chair there … As you would then go from that main room, you go through a sort of a dressing area, there is a mirror and another vanity type of table, and then the bathroom at the end of that hallway area. " Sergeant Parrott stated that there were no clothes in the closet; that he photographed the room; and that he removed some of the articles from the room. There was an AWOL bag on the first counter next to the window. It, and some of the toiletry articles and a shirt that were in the bag, were left at the scene. At a later time Sergeant Parrott had gone back to the motel, received the bag from the owner, and had another officer give it to the defendant at the County Jail.

Attorney Robinson then presented the photographs previously marked as People’s Exhibits Nos. 10-A through 10-EE to Sergeant Parrott. The photographs were of the scene of the crime, the motel room, and the defendant (taken in the hallway at the San Jose Police Department. )

A coat was then presented to the Court and marked as People’s Exhibit No. 11. Suit pants to match the coat were marked as People’s Exhibit No. 12. A tie was marked as People’s Exhibit No. 13. A black shirt was marked as People’s Exhibit No. 14. Sergeant Parrott identified these garments as those worn by the defendant the night of the arrest.

A black notebook some writing in it was presented to the Court and marked as People’s Exhibit No. 15. Sergeant Parrott identified it as one of the items he had removed from the Oasis Motel, and stated that he had found it in the AWOL bag. A brown address book with writing and scraps of paper inside it was presented and marked as People’s Exhibit No. 16, and was also identified by Sergeant Parrott as an item he had removed from the AWOL bag. A Byron Swazey Travel Service card, marked as People’s Exhibit No. 17, and several loose papers marked as People’s Exhibit No. 18 were also identified by Sergeant Parrott as articles he had removed from the AWOL bag.

Sergeant Parrott testified that he had seen the defendant on the night of the arrest, and that there was nothing that would indicate to him that the defendant was intoxicated. Cross-examination of Sergeant Parrott by Attorney Pestarino then commenced.

After the cross-examination, a redirect examination of the witness was conducted by Attorney Robinson, and a recross-examination was conducted by Attorney Pestarino.

Mrs. Carol Jean Damron of 6205 Woosley was called as the next witness. She testified that she knew the Patriarch and his wife, and on the evening of November 6, 1975, at approximately 6:40 p. m. , she was serving dinner to her husband in their living room when she heard some noises out front. Thinking that it was kids knocking over her garbage cans, she ran out the front door of her house. Just as she got to her driveway, she saw a man running from the Shimuns’ sidewalk and across their driveway in front of her, going onto Woosley. The man was running very fast. Instantaneously Mrs. Shimun came from her front door, completely hysterical, screaming. She then saw the man again as he crossed the street, ran across the front lawn, and tripped over a chain fence. Immediately he got up and started running down Los Pinos again. During this time she had been calling for her husband. She described the man as being dark-complexioned, wearing a gray suit, and about 5 feet 11 inches tall. She said she had never seen the man before, and she could not swear that the same man was in the court room. She then testified that after she told her husband what had happened, he got into his truck to go after the man. Mrs. Damron was then cross-examined by Attorney Pestarino.

Mr. Robert Damron was then called to the stand and stated that he was eating his dinner at approximately 6:45 on the evening of November 6, 1975, when he and his wife heard some noises in the front. His wife thought it was some kids knocking over their garbage cans and ran out the door. He heard his wife scream and went outside. When he heard what had happened, he ran into his neighbor, and they took off in Mr. Damron’s truck to try to catch the man. They drove down Los Pinos and stopped to ask a man if he had seen anyone running down the street. The man said that he had, and accompanied Mr. Damron and his neighbor as they drove down Los Pinos to Cottle. At the intersection there were two fellows getting out of a car, and when asked whether they had seen anyone, one said, "Yes, we saw a person right down there"; so Mr. Damron backed up the truck and drove down Cottle. About half a block down the street they saw a fellow walking. Mr. Damron then testified that the man walking down the street had been the defendant. The man whom Mr. Damron and his neighbor had stopped to pick up identified the man as the one he had seen running by him, and Mr. Damron did not stop the van, but continued down the street to a Union Station and telephoned the police. As he came out of the phone booth there was an officer in a car there, and Mr. Damron told him that the suspect was in either the Lucky Store or the pizza parlor. The officer drove to the pizza parlor, and Mr. Damron walked over to it. Just after he arrived, he saw the officer bringing the defendant out of the pizza parlor. Mr. Damron then indicated his route on the diagram on the board. Attorney Pestarino conducted a cross-examination.

The next witness, Mr. Nicholas Stukan, was called. He stated that he lived at 6226 Woosley Drive, across the street from the Shimun residence. He was in the dining room with his family when he heard Mrs. Shimun’s screams. She came into Mr. Stukan’s house screaming that her husband was shot, and he went outside and got into the van with Mr. Damron to chase the suspect. Mr. Stukan testified that they stopped to pick up another man, and when they got to the shopping center he went into the Thrifty Store. When he came out he saw the police come out of the pizza parlor with a man in a gray suit. Attorney Pestarino then cross-examined the witness. Attorney Robinson then conducted a short redirect examination of Mr. Stukan who testified that his wife had gone into the Shimuns’ residence after the shooting and took the little boy into her home.

David Philip Morgan was called as the next witness. He testified that on the evening of November 6, 1975, he was waiting across the street from 367 Los Pinos with his wife, as they had purchased the residence, and the tenant was to meet them and give them the keys, when he heard two or three noises which sounded like backfire from a car. He got out of his truck and then heard screams and started walking up the street. As he was walking, he saw a man running towards him. Mr. Morgan identified the defendant as the same man. Mr. Morgan stated that when the man passed him, he was holding his right arm close to his body. He kept going up the street and met Mr. Damron and his neighbor in the van, and accompanied them to the shopping center where he saw the man enter the pizza parlor. The police arrived shortly, and Mr. Morgan saw them enter the pizza parlor and bring out the defendant. Mr. Morgan stated that he believed the defendant was sober at the time. Mr. Morgan was then cross-examined by Attorney Pestarino.

The next witness called was Officer Charles Melvin Lintern of the San Jose Police Department. He testified that he responded to a homicide at 6217 Woosley and talked first to Mrs. Carol Damron, who told him of the man and that he had fallen by the juniper bushes by the chain-link fence. Officer Lintern then checked the area, located the weapon, and waited for the detective crew. A cross-examination of Officer Lintern was then conducted by Attorney Pestarino.

Mr. Ronnie G. Myers was the next witness called. He testified that he is a resident of Dublin, and he had been the proprietor of a gas station located at 411 West MacArthur Boulevard in Oakland, which he purchased from a Mr. Yule Lazar in 1970. Mr. Lazar advised him that because the station had been robbed several times he should buy a gun. About a week after he took possession of the station, Mr. Myers purchased a . 22 automatic from Siegle’s Gun Shop on MacArthur Boulevard in Oakland, for approximately $169. He had had the gun for approximately a week when Mr. Lazar came to the station to collect some money Mr. Myers owed him, and at that time saw the gun and offered to buy it for more than Mr. Myers had paid for it. Mr. Myers sold Mr. Lazar the gun, and stated that he had not seen it since that time.

Attorney Pestarino then cross-examined Mr. Myers regarding his relationship with Mr. Lazar. Mr. Myers testified that at the time he bought the gun he did not buy any bullets for it, nor did he buy an additional clip. He stated that at the time he gave the gun to Mr. Lazar he still owed Mr. Lazar some $600 from the gas station transaction, and Mr. Lazar agreed to deduct the purchase price of the from that amount. There was no formal written agreement concerning the transaction between Mr. Myers and Mr. Lazar. Mr. Lazar had a note from Mr. Myers which he kept in his pocket, and when he received the gun he deducted the sum of approximately $210 from the balance.

A redirect examination of Mr. Myers was conducted by Attorney Robinson in which Mr. Myers stated that some eight months after he purchased the station from Mr. Lazar, he sold it, and that he has not had any contact with him since that time.

The trial reconvened at 9:45 a. m. on Monday, March 15, 1976, at which time Emama Mar Eshai Shimun was called to the witness stand. She testified that she is Assyrian, and that she was born in Iraq and lived there from 1942 until 1969 when she immigrated to Canada. She lived in Hamilton, Ontario, Canada, until 1971 when she immigrated to the United States. The witness stated that while she was living in Canada with her family, she and her family knew Mr. David Ismail and his family, and that when he visited her family in Canada he spoke of a political organization whose goal was to get back the Assyrian people’s land from the Iraqi government. When she stated that she was against his ideas, Mr. Ismail said that once the churches were destroyed, the attention of the people could be given to politics and regaining their land. The church he was referring to was the Church of the East. As this time Mrs. Shimun said she also knew Mr. David Ismail’s brother, Zaia Ismail, and that he was politically involved with the Assyrian Universal Alliance.

Mrs. Shimun then testified that she had met the Patriarch of the Church of the East in Tehran in 1968 with her family and a group of Assyrian people. In July 1973 the Patriarch asked her to marry him, and explained to her that he had resigned his office with the Church because of his health. She married him in Seattle, Washington, on August 16, 1973. Mrs. Shimun then explained the tradition and history of the Patriarchate of the Church of the East, and that the members of the Church were in Iran, Iraq, Australia and Italy, and that new members from Brazil and France were to be accepted. There are also some members of the Church in the United States. Some of the people were very upset when the Patriarch resigned his office, as they wanted him to be a political leader as well as a spiritual leader. However, he felt that the Church should be completely isolated from politics. Mrs. Shimun stated that about a month before the Patriarch was killed, someone from the Assyrian Universal Alliance in Chicago had visited him, trying to get him to return to Iraq to live, and to support the political alliance. The Patriarch had again declared that he didn’t want the Church involved in politics, and that each member should be faithful to the country in which he lived. It seemed that the Assyrian Universal Alliance wanted the Patriarch out of office.

Mrs. Shimun testified further that a meeting between the bishops of the church and the Patriarch was scheduled in Seattle, Washington, on November 19, 1975, but that it had been postponed to January 5, 1976. She also testified that her husband, the Patriarch, had confided to her that he was afraid someone was plotting against him.

Mrs. Shimun then testified that on November 6, 1975 she was living with her husband and baby son at 6217 Woosley Drive, San Jose. She spent the day as she usually did, preparing breakfast, doing her housework, taking the baby for a walk, and doing some shopping, while the Patriarch worked in his office upstairs. Around 4:00 p. m. she and the Patriarch had tea and then they prepared the dinner. They had just finished eating dinner, and she had gone upstairs to bathe the baby and put him to bed, about 6:30 p. m. , and the Patriarch had gone to the kitchen to prepare their evening coffee as was his custom, when she heard him scream her name twice, a shuffling noise, and three shots. She said that she had been told by the Patriarch that he would call her name twice if anything ever happened to him, and that she was to lock herself and the baby in a room and call for help. However, in this case she rushed down the stairs to see what had happened to her husband. She stated that she had seen no one through the glass portion or the door, nor through the windows which had sheer draperies, when she had gone upstairs. She did not know whether the door was locked, as she did not lock it when she came in from her walk with the baby. She did know, however, that the chain lock was not on. Mrs. Shimun testified that no guests were expected either that day or that evening, and if there had been someone ringing the door bell she would have heard it from upstairs. However, the Patriarch might not have heard either the bell or a knock, as he had some trouble with his hearing.

Mrs. Shimun then looked at the photographs marked People’s Exhibit No. 10, and identified several things in the photographs.

The examination continued, and Mrs. Shimun testified that on November 5, 1975, she had received three or four phone calls from someone with an Assyrian accent, each time asking for a wrong number, and that her husband felt that the person was checking to see whether he was home. The same sort of call had also been received from a woman. This type of call had also been received about three months ago. Mrs. Shimun said she did not know that David Ismail was in San Francisco between October 31 and November 5, nor did he call her house. She also stated that she did not know he was in San Jose on November 6, Attorney Pestarino then began his cross-examination of Mrs. Shimun.

Attorney Pestarino questioned Mrs. Shimun regarding her testimony at the preliminary hearing, and then continued with questions concerning the Patriarch and his position with the Church of the East. He then went on to ask about the Patriarch’s friendship with General Ismail. Mrs. Shimun testified that the Patriarch had always spoken highly of General Ismail. She went on to say that during her stay in Canada her family and the Ismail family had visited back and forth, but that he was always about politics. She also testified that she did not believe her husband had ever met David Ismail, although he had met his brother Zaia.

Mrs. Shimun again testified, in answering questions addressed to her by Attorney Pestarino, that she was certain that the chain was not on the front door the evening of the murder, but that she didn’t know whether the door was locked. It was the Patriarch’s custom to take a walk between 9:00 and 10:00 p. m. , and he usually locked the house when he returned from his walk. She also went on to say that the Patriarch was hard of hearing and that he would not have heard a knock on the door.

The next questions asked Mrs. Shimun referred to David Ismail and various conversations she had had with him. Mrs. Shimun testified that she had never heard David Ismail discuss religion, only politics.

Questioning continued, and Mrs. Shimun testified that she knew that the name Mar Yukhannan Pilipus, Mar Dinkha, and Mar Narsai d’Baz were names of bishops. Attorney Pestarino then presented a letter to Mrs. Shimun which was marked as Defendant’s Exhibit A. Mrs. Shimun said that she had never seen the letter before and knew nothing of its contents. (The letter supposedly came from the 4th council of the Church of the East in Beirut, Lebanon, and asked for the Patriarch’s resignation. ) Mrs. Shimun stated that her husband had resigned his office in the church, and had done so by a letter which had been distributed to all the congregations, and that there was no law in the church that the Patriarch could not marry, although for several hundred years no Patriarch had been married. At the time of his resignation the Patriarch had requested that a successor be elected.

Mrs. Shimun then confirmed her testimony that a member of the Assyrian Universal Alliance in Chicago had come to see the Patriarch, and encouraged him to give up his spiritual leadership and assume political leadership, but that the Patriarch had declined and stated that he did not want to be involved in political organizations of any kind. Mrs. Shimun stated that the man’s first name she knew to be Sargis, and she believed that his last name was Michaels.

Attorney Robinson then conducted a redirect examination in which Mrs. Shimun testified, after looking at the photographs marked People’s Exhibit No. 10, that a chair in her living room had been moved from the place she usually kept it, and she marked the place on the photograph. She also stated that Reverend Ninos from San Francisco had accompanied the Patriarch to Seattle to perform their marriage ceremony.

Edith May Hart was the next witness who was called. She testified that she and her husband manage a motel in San Francisco at 821 Taravel Street. A registration card from the motel was presented to the court and marked as People’s Exhibit No. 19. Mrs. Hart stated that such a card was kept for each individual who had stayed at the motel, and that the motel’s guests filled the cards out themselves. This particular card bore the name "David Benjamin", and the address of 1477 21st Avenue, San Francisco. Mrs. Hart testified that he had been a guest at the motel for two nights, starting with October 30, and that her daughter, Robin Crowley, had been the clerk who registered the guest. Mrs. Hart told the court that the card showed that the bill had been paid in cash, and that payment was for two nights and one long distance phone call which was made to (213) 386-7534 in Los Angeles on October 31.

During the cross-examination by Attorney Pestarino, Mrs. Hart testified that she did not know a person by the name of Kitty Benjamin, and that she was not present when the person "David Benjamin" registered at the motel.

The next witness called was David Kenneth Siegle, part owner of a gun shop at 508 West MacArthur Boulevard in Oakland. Mr. Siegle presented documents to the court…State and Federal registration forms and an invoice for a handgun… which were marked as People’s Exhibit No. 20. He then told the court the procedure for registering a handgun, and identified the handgun marked as People’s Exhibit No. 4 as being the same one referred to in the documentation. He testified that he sold the gun and a box of ammunition for it to Mr. Myers. A cross-examination by Attorney Pestarino was the conducted.

During the cross-examination it was established that the address of the purchaser of the gun was 103A Ramona Street, Albany, and that the gun shop was located two or three blocks from a Union station on West MacArthur Boulevard.

Attorney Robinson then conducted a redirect examination of the witness.

Yule Joseph Lazar was the next witness called. He stated that he was employed as the controller of the PSA Hotel in San Francisco, and presented Mr. David Ismail’s guest records from the hotel to the court. These records were marked People’s Exhibit No. 21-A through 21-F. The records indicated that Mr. David Ismail had been a guest at the hotel from November 1 through November 5, and that he had checked out on November 6. During that time he had stayed in room 727, and four long-distance phone calls were made during his stay. Mr. Lazar stated that one of the calls was made on November 6 to Australia, telephone number 6070027, to a Mr. Kanna: and that on November 6 another call was made to Sidney, Australia, 728, telephone 7732. It was also established that during his stay there Mr. Ismail had had four drinks at the bar. Mr. Lazar also testified that he had given Mr. Ismail a 50% discount on the room rate at the hotel, and that he gave most Assyrian people a 50% discount on the room rate. Mr. Lazar said that on October 31 he received a call from his brother, Sam Lazar, saying that David Ismail was in town and that he didn’t have time to see him, and that he was staying at the Sunset Motel. The Sunset Motel informed him that there was no one by that name registered, but that they did have a Mr. David Benjamin from Canada staying there. Mr. Lazar left a message and later got in contact with "Mr. Benjamin" and invited him to dinner. His brother, Joe Lazar came to the Sunset Motel and brought David to the PSA Hotel on October 31. Mr. Lazar then testified that Kitty Benjamin was his employee, and that she lived at 1477 21st Avenue in San Francisco. He then went on to state that October 31 was the first time he had seen David Ismail, and that after having dinner in the Pena Room at the PSA Hotel, he drove Mr. Ismail back to the Sunset Motel. At that time Mr. Ismail indicated that he was not satisfied staying there, and Mr. Lazar suggested that he come and stay at the PSA Hotel. On Saturday, November 1, he picked up Mr. Ismail and checked him into the hotel. They then had dinner at the Elegant Farmer Restaurant in Jack London Square. Mr. Lazar stated that he did not remember what Mr. Ismail’s luggage consisted of, but he thought there was a suitcase. On Sunday morning Mr. Lazar had taken Mr. Ismail to church with him, and then arranged to meet him at a soccer game. However, Mr. Ismail didn’t show up at the game. Mr. Lazar then did his radio show and didn’t see Mr. Ismail until the following Monday morning. It was established that Mr. Lazar was the secretary of the Assyrian Universal Alliance in San Francisco, and that his brother, Sam, had held the position before him. Mr. Lazar testified that the head office of the Alliance is in Cincinnati, Ohio

Mr. Lazar testified further that he had met Mr. Ismail for coffee several times between November 3 to 6, and that on the afternoon of November 3 he had lent Mr. Ismail his car. Mr. Lazar then identified People’s Exhibits Nos. 11, 12, 13, and 14 as being the suit, shirt, and tie which Mr. Ismail wore several times when he saw him.

The testimony continued, and Mr. Lazar stated that his brother, Sam, had met Mr. Ismail at an Assyrian convention in Chicago, and that he and Mr. Ismail had briefly discussed the Assyrian Universal Alliance. He also stated that he knows Mr. Ismail’s brother, Zaia, and that he had met him in Iraq in either 1962 or 1963. He stated further that he did not know much about the Assyrian Universal Alliance, as there was very little activity in the Bay Area or in Los Angeles.

Mr. Lazar was then questioned as to whether he knew Mr. Ismail had a gun, and his reply was that he didn’t know, and that the matter of guns was not discussed between him and Mr. Ismail.

It was established that when Mr. Lazar came to this country, his first purchase was a Union 76 station in Oakland, and that Mr. Ron Myers was a temporary employee of Mr. Lazar, and that later Mr. Lazar sold the business to him. Mr. Lazar had acquired the business in October 1969, and sold it to Mr. Myers in February, 1970. He stated that during that time he had been the victim of dishonest employees, and that once he was burglarized and all his merchandise was taken, but that he got 95% of it back. Mr. Lazar stated that after he sold the station to Mr. Myers he saw him only twice, once to cash a check, and another time to purchase gas. He said he did not know of the existence of a gun shop near the station.

People’s Exhibit No. 4, the gun, was then shown to Mr. Lazar, who stated that he had never seen it in his life, and that he had not obtained it from Mr. Myers, nor furnished a weapon to Mr. Ismail.

Mr. Lazar then testified that he believed that Mr. Ismail drank Johnny Walker Scotch, and that he thought that he drank quite a bit, but that he noticed no change in his behavior.

A cross-examination was then conducted by Attorney Pestarino. Questioning concerning Mr. Ismail’s drinking when with Mr. Lazar, the Assyrian Universal Alliance, and also Mr. Lazar’s reasons for giving a 50% discount on hotel rates to Assyrian people.

Mr. Lazar was asked whether he knew the Patriarch or Mrs. Shimun, and he stated that he had never met the Patriarch, and that he met Mrs. Shimun only at the Grand Jury. He stated that he had a conversation with her in which he introduced himself and said that he felt sorry for what had happened, and that Mrs. Shimun had said that she was afraid of Assyrians and that they were violent people. Mr. Lazar then stated that he had talked with David Ismail about his father, but not on a political basis. He also stated that his radio program promoted the culture and history of the Assyrian people, but did not address the future. He was questioned about a party he was going to attend in Turlock, and stated that it had been cancelled. It was a monthly party held by the people from Bet-Nahrain Magazine and the Bet-Nahrain radio broadcast. He also stated that he thought the Assyrian Universal Alliance was an official political body recognized by the United States.

People’s Exhibit No. 4, the gun, was then shown again to Mr. Lazar, who again stated that he had never seen it before, that he did not know of the gun shop on West MacArthur Boulevard in Oakland, and that he had never been there, and that he saw Mr. Myers only twice after he sold the service station to him. Each time he had written a check, and these checks were presented to the court and marked as Defendant’s Exhibits B-1 and B-2.

Mr. Monte Beamon was the next witness called. He stated his occupation as taxicab driver for Mission Yellow Cab Company, and testified that on November 6, 1975, he was dispatched to the Oasis Motel at 5340 Monterey Road, Room 129, at approximately 6:00 p. m. His log was marked as People’s Exhibit No. 22. Mr. Beamon stated that he drove up to the motel and stopped in front of room 129, got out of his cab, and knocked at the door. The gentleman came to the door and said he was not quite ready, so Mr. Beamon stood by the cab and waited for him. Mr. Beamon described the man: "Well, he was a middle-aged man, as I remember, he was wearing a coat and tie. Nothing unusual about the person that would make him stand out. " Mr. Beamon invited the man to sit in the front of the cab with him, and the man asked to be driven to Santa Teresa and Cottle, to the pizza parlor. The drive took approximately ten minutes. When they arrived at the pizza parlor, the man asked Mr. Beamon where Woosley Street was. Mr. Beamon looked it up on a map which he kept in his cab and told him how to get there. According to Mr. Beamon, the man showed no signs of being under the influence of alcohol. Mr. Beamon stated that the man seemed cool and calm at the time, and identified the defendant, Mr. David Ismail, as being the same man. Mr. Beamon was then cross-examined by Attorney Pestarino.

Virginia S. Adams was called as the next witness. She is an assistant policewoman for the city of San Jose, and is an expert on latent fingerprints. Mrs. Adams explained a chart, marked as People’s Exhibit No. 23, to the court, and explained the difference between latent and inked fingerprints. She was then shown People’s Exhibit No. 8, and identified the fingerprints shown therein to be identical to those in the set of fingerprints taken from David Malek Ismail . Mr. Ismail’s inked fingerprints were marked as People’s Exhibit No. 24-A through 24-D. Mrs. Adams was then cross-examined by Attorney Pestarino, and a redirect examination was conducted by Attorney Robinson.

Officer James Melvin Neal of the San Jose Police Department was then called to the witness stand. Officer Neal testified that on November 6, 1975, at 6:53 p. m. , he was at a call box on Monterey Highway at Cottle in San Jose, and was advised by radio that a shooting had taken place next door to 6205 Woosley Drive. He radioed back that he would be responding to the call. While he was responding to the area, he received another radio broadcast putting out a description of the suspect. The description he received by radio was: "… a white adult male, about forty-five, about five foot nine, wearing a gray suit and a black shirt. They advised that the party possibly went into a location at Santa Teresa and Cottle. " Officer Neal stated that he advised radio that he was at that location, and was told by another broadcast that some citizens or witnesses had followed a particular party to that location, and were at a phone booth at the 76 station at Santa Teresa and Cottle. He radioed back that he was being waved down by some citizens who advised him that they had followed the party from the Woosley address, and that the party was in the pizza parlor at the time, or else in Thrifty. Officer Neal entered the pizza parlor and observed the suspect sitting at a table. The suspect looked directly at Officer Neal, and Office Neal told him to place his hands flat on the table and not to move. Officer Neal then told the suspect to rise slowly, keeping his hands on the table. Officer Neal testified that at that point he walked over to the suspect, placed his shotgun on his back, and pat-searched the suspect for a concealed weapon. He found no weapon, and told the suspect to straighten up and interlock his fingers behind his head. The suspect appeared to be sober. Officer Neal then instructed the suspect to walk behind the table and to the door, where Officer Neal stopped him and told him to place his hands against the wall. At that point two other officers entered the pizza parlor, and the suspect was handcuffed. The suspect was then placed in a police vehicle, and the other officers and Officer Neal drove to the scene of the crime.

Evidence was pointed out to Officer Neal when he arrived at the scene, and the area was roped off. Two officers were instructed to make a foot-search for the weapon. Officer Neal radioed for a uniformed supervisor to respond and to bring photography equipment. At that time he was advised that the weapon had been found. He then radioed for more assistance and went over to the police vehicle and read the suspect his rights. The suspect indicated that he understood. The suspect was then asked his name, which he states was David Ismail, and Officer Neal asked him several other questions. The suspect was then taken to the detective bureau by Officer Neal. Shortly thereafter a technician took blood and urine samples from Mr. Ismail. The data sheets from these specimens were presented to the court and marked as People’s Exhibit Nos. 25A & 25B.

The suspect was then advised to empty his pockets and to place the contents and other valuables he had on his person on a table. These items, placed in a plastic bag, were presented to the court and marked as People’s Exhibit No. 26. Officer Neal again stated that he did not believe the suspect to be under the influence of alcohol.

A cross-examination of Officer Neal was conducted by Attorney Pestarino. Attorney Robinson then conducted a redirect examination, and Attorney Pestarino conducted a recross-examination.

Mrs. Ranjan Patel, who with her husband owns and operates the Oasis Motel at 5340 Monterey Road, San Jose, was the next witness called. A registration card from that motel was presented to the court and marked as People’s Exhibit No. 27. Mrs. Patel explained that each guest who stayed at the motel filled out such a card. She testified that on November 6, 1975, Mr. David Ismail checked into room 129, and was to stay one night, which he paid for in advance. He had arrived at the motel by taxicab, and Mrs. Patel did not notice whether he had any luggage. He was wearing a suit, with a shirt and tie. After he checked in he returned to the office and asked Mrs. Patel to call him a taxi. She had no conversation with him. Mrs. Patel was then cross-examined by Attorney Pestarino. During the cross-examination it was established that Mr. Ismail gave his address as 1297 Huron Street, #402, London, Ontario, Canada, when he registered at the motel.

Then Mr. Joseph Arthur Borg, a travel consultant for Byron Swazey Travel in London, Ontario, Canada, was called to the witness stand. Certain travel agency documents were presented to the court and marked as People’s Exhibit No. 28. Mr. Borg stated that the documents indicated that a one-way ticket from London, Ontario, Canada, to San Francisco was purchased by Mr. David Ismail for arrival in San Francisco at 7:51 p. m. on October 30. Mr. Borg was cross-examined by Attorney Pestarino, and redirect examination was conducted by Attorney Robinson.

The next witness called was Kitty Benjamin. Ms. Benjamin gave her occupation as an accounts receivable clerk with the PSA San Franciscan Hotel in San Francisco, and stated that her boss was Mr. Yule Lazar. She gave her residence address as 1477 21st Avenue, San Francisco.

Ms Benjamin testified that she knew David Ismail and pointed him out in the court room. On October 30, 1975, she had picked him up at San Francisco International Airport. He had telephoned her about a week prior to his arrival and asked her to meet him. Kitty Benjamin said that she had met Mr. Ismail about eight years ago at an Assyrian convention in either Chicago or Hartford, Connecticut, and that she had seen him several times in the eight-year period, and that on various occasions he had telephoned her.

Further testimony was given by Ms. Benjamin that she had arranged for David Ismail to stay at the Sunset Motel after he had told her that he did not wish to be a guest in her home and would be more comfortable just staying close by. She had not booked Mr. Ismail into the PSA Hotel because it was more convenient for him to go sight-seeing from the area of 19th and Taravel, and she had wanted him to stay near her home. When she registered Mr. Ismail at the Sunset Motel she had used the name "David Benjamin" because it was nearly closing time for the motel and she wanted to save time. She had used her home address because Mr. Ismail was a guest of her and her mother, and they would be paying the bill. People’s Exhibit No. 19 was shown to Ms. Benjamin, and she stated that her handwriting was on the exhibit, that she did not pay in advance for the room or leave a deposit, but that she had received the key to the room at that time. After meeting Mr. Ismail at the airport, she drove him directly to the Sunset Motel.

Kitty Benjamin testified that when she met Mr. Ismail at the airport he was very neatly dressed in a grayish suit, and that he had two pieces of luggage: a bag and a small suitcase. She did not remember what time they arrived at the motel, but when they arrived there she accompanied Mr. Ismail to the room where he hung up his clothes … shirts and a pair of slacks … from his suitcase. She did not see a gun in the bag, nor did he talk to her on that day of having a gun. She then drove Mr. Ismail to her home where they had dinner and listened to music and visited. Later she took him for a drive around the Cliff House and up by Twin Peaks. She said she had told him to amuse himself on Friday by going to the zoo.

Ms. Benjamin stated that she went to work Friday morning and did not see Mr. Ismail until Friday evening when she picked him up about 6:30 and brought him to her home. She was shown People’s Exhibit No. 10-BB, and identified it to be a photo of the suit Mr. Ismail was wearing at the time. When she went to pick up Mr. Ismail on Friday evening she did not enter his motel room; she merely honked her horn and he came out to her car. When they arrived at her home for dinner, she had hung his coat in the closet and had not seen Mr. Ismail with a gun. She had not noticed anything about the coat that would have indicated that it contained a gun. In her further testimony, she stated that she and Mr. Ismail had stayed at her home until about 9:00 p. m. , and then had gone to the Hyatt Regency to the Equinox for drinks. They were there until maybe 12:30 a. m. , and during the course of the evening they had each had about four or five drinks. After leaving the Hyatt Regency they had driven down by the Embarcadero and around Fisherman’s Wharf, around Doyle Drive, up 19th Avenue, and then she had dropped him at the Sunset Motel and continued home. This was about 1:15 or 1:30 a. m. Saturday morning (Friday, October 31, extended). As she was off on Saturday, November 1, she took Mr. Ismail sight-seeing around the Cannery and Chirardelli. The evening before, Mr. Ismail had said he would like to stay downtown, so Ms. Benjamin went into the office of Sunset Motel and paid the bill for his room when she picked him up. She said that Mr. Ismail left his luggage with the manager of the motel, as he hadn’t really decided whether he was going to stay there another night. This was about 4:00 p. m. , Saturday, November 1, 1975. Ms. Benjamin said that at the time Mr. Ismail was wearing slacks and a sport shirt. She then had to leave, because she was going to an Assyrian party in Turlock. She stated that Mr. Lazar had also been invited, but that the party had been cancelled. However, she had not known of the cancellation until after she arrived in Turlock, so she spent the night there and returned to San Francisco late Sunday evening.

Kitty Benjamin stated that the next time she saw Mr. Ismail was on Monday morning, when he walked into her office and said "hello". He was talking with Yule Lazar, and he and Mr. Lazar had had coffee together. She had to stay at her desk. She did not remember seeing Mr. Ismail again that day.

The next time she saw Mr. Ismail was Tuesday morning, when he stopped by her office and said he was going sight-seeing. Tuesday evening he had come to her house by taxi, and they visited for a while. They then drove around to some little shops. At the time … and on Monday … he had been wearing the gray suit. They had also discussed business opportunities, and she had driven him by various gas stations and liquor stores. She had then driven him back to the PSA Hotel.

Ms. Benjamin stated that she had seen Mr. Ismail on Wednesday morning, November 5, when he dropped by her office, and again later that afternoon. In the evening she had spoken with him on the telephone. He had been wearing slacks and a sport shirt when he dropped by to see her.

The testimony continued, and Ms. Benjamin stated that she had seen Mr. Ismail again on Thursday, November 6, when he had stopped by her office to greet her. At that time he had mentioned that he would be leaving. Mr. Lazar had told her to have coffee or lunch with Mr. Ismail, which she did, and then she walked to the lobby of the hotel with him and they said good-bye. It was her understanding that he was going to the downtown airline terminal. He was wearing his suit. She did not know whether he took any luggage with him. Ms. Benjamin stated that at no time did she see Mr. Ismail with a gun, nor did he at any time indicate to her that he had a gun.

During her testimony Ms. Benjamin stated that she and Mr. Ismail had not discussed politics, but that the Assyrian Universal Alliance had come up in the course of a conversation. She said that she is not a member of the organization, but is planning to join it. She also indicated that Mr. Ismail was not a member, and that several times he had told her that he was not interested in politics and wanted nothing to do with politics. The Patriarch was not mentioned in their conversations.

A Christmas card was then presented to the court and marked People’s Exhibit No. 29. Ms. Benjamin identified the handwriting on the card as hers, and said that she had sent the card to Mr. Ismail at 94 Celia Avenue, London, Ontario, Canada. The date on the card was December 14, 1973, and the message was: "A Merry Christmas and a Happy New Year, Love, Kitty Benjamin, God Bless you, keep the good work up for the A. U. A. " She stated that the A. U. A. was a peaceful organization, and regarding Mr. Ismail’s work for them she said: "At that time they were in a project to collect clothing and articles to send to our people who were in need in the northern part of Iraq. And everybody was working, to my knowledge, to support this cause. " She again stated that she did not belong to the A. U. A. because she is involved in other organizations which take up much of her time.

Ms. Benjamin then said that she knew Mr. Ismail’s brother, Zaia, and that he is a member of the A. U. A. It was her understanding that "they are trying to establish an autonomous state within the boundaries of the country of Iraq". She also said that she is not a member of the Church of the East, but that she had heard of the Patriarch, and understood that he was the religious and political leader of the Assyrian people.

When questioned further about Mr. Ismail’s trip to San Francisco, Ms. Benjamin stated that it was both for business and sight-seeing. He had never been here before, and he was interested in seeing what business opportunities were available. He had discussed business opportunities with both her and Mr. Yule Lazar. She said she had taken him by some businesses owned by Assyrian people, but that they didn’t go in. She also stated that she herself did not own any business.

Ms. Benjamin told the court she had never called the Patriarch’s house. She also told the court that she had discussed the Assyrian Universal Alliance with Mr. Lazar, but not in depth because she was not interested in politics.

When questioned again by Mr. Robinson concerning Friday, October 31, Ms. Benjamin stated that she did not really remember whether Mr. Ismail had had dinner with her or Mr. Lazar, but indicated that it probably had been with Mr. Lazar, as she knew that Mr. Lazar and Mr. Ismail had dined together at some time. She also said that Mr. Ismail had not asked her to lend him any money. Ms. Benjamin then told the court that she visited Mr. Ismail in jail every Sunday, but that she was not contributing money to his defense fund. She was making her contribution in another way, and she didn’t really know who had contributed money to the fund.

Mr. Pestarino then began his cross-examination and questioned Ms. Benjamin regarding the A. U. A. Ms. Benjamin stated that she wished to join because: "They are a peaceful political group, but they are also concerned with the Assyrian culture and heritage, of which I am very proud, and I want to work for this cause … Assyrians from any religion, denomination, or organization belong to the A. U. A. They belong to more than one organization, but most of the Assyrians belong to the A. U. A. It is an organization that is uniting our people throughout the world. And every year they hold an annual congress in a country … wherever they vote to have it … They are at present working simultaneously with the Assyrian-American National Federation to help the Assyrian people in Lebanon during the civil strife which is going on there. We have many thousands of Assyrians who are refugees in Lebanon … they are working through the World Council of Churches to relocate and get them out of these camps that they are stuck in right now. They are helping them with money … some monies … but the World Council of Churches is mainly the organ that is helping to relocate these people. Ms. Benjamin went on to state that about ten years ago in San Francisco she had the Assyrian-American for one Hour, and that she is very active in the Assyrian organizations between San Francisco and Los Angeles. The two to which she belongs are the American-Assyrian Association of San Francisco and the Assyrian Athletic Club, which is a soccer organization. She had heard some time ago that the Patriarch of the Church of the East had married, and stated that the general reaction of the Assyrian people was that he had broken the rule of the church when he had married. She understood that the Patriarch had defrocked himself in Seattle just before his marriage.

Kitty Benjamin then testified that the conventions at which she had seen Mr. Ismail were of the Assyrian-American National Federation. She also stated that she had talked to Mr. Ismail’s brothers on the phone, and that she had seen his father. During Mr. Ismail’s recent visit with her she had told him of the memorial service held in Turlock for his father, and Mr. Ismail had mentioned that he missed his father very much.

Ms. Benjamin then said she had paid Mr. Ismail’s bill at the Sunset Motel because he was her guest there, but that she did not pay his bill at the PSA Hotel, as she had had nothing to do with his registering there. When asked about her relationship with Mr. Lazar, she said that she had met him in 1975, and had started working for him in September of that year. She said that he was the controller of the PSA Hotel, that he was very sharp with figures, and was an excellent bookkeeper. She also said that she saw him mainly at work, and that she did not socialize with him, but that occasionally she saw him at parties and had been on the radio program with him a few times.

Mr. Robinson then conducted a redirect examination of Ms. Benjamin in which she testified that the Assyrian community had not really accepted the fact that the Patriarch had married. The subject had just become quiet, as it was mainly the concern of the Assyrians who belonged to the Church of the East. She also stated that it was her understanding that at the time of the Patriarch’s death, the bishops were running the church, and that he was no longer the Leader.

Mr. Robinson then asked Miss Benjamin whether she had known that Mr. Ismail was unemployed when he came to San Francisco. She said that she knew that Mr. Ismail was not employed, but did not know for how long. She and Mr. Ismail had not discussed money.

The next witness called identified himself as Larry Joe Crowley, and stated that he was the son-in-law of Mrs. Edith Hart, and that he and his wife had been helping out at the Sunset Motel on October 30, 1975, while Mr. And Mrs. Hart were out of town. Mr. Crowley was presented with People’s Exhibit No. 19, and identified it as a registration card from the Sunset Motel, and said that a lady he knew as Mrs. Benjamin had filled out the card so that the person who was coming to the room wouldn’t have to stop and sign in. At the time, she paid one day in advance for the room. When the individual Mr. Crowley knew as Mr. Benjamin checked into the motel, he was wearing a casual shirt and slacks and a short leather jacket. He was with Mrs. Benjamin. At that time, Mr. Crowley gave Mrs. Benjamin the key, and Mrs. Benjamin took the gentleman to the room. Mr. Crowley stated here that he had offered to give Mrs. Benjamin the key earlier, but she had declined to take it at that time. Mrs. Benjamin and the gentleman had arrived at the motel between 8:00 and 9:00 p. m. on the evening of October 30. Mr. Crowley identified Mr. Ismail as being the man he knew as Mr. Benjamin. Mr. Crowley then testified that the following morning, Friday, October 31, Mr. Ismail had asked for directions to the zoo, and that he told him how to get there. He also stated that Mrs. Benjamin had called for Mr. Benjamin, and that a call from Los Angeles came in asking for someone by a name he didn’t recognize. However, it was determined that the call was for Mr. Benjamin, as the party asked for the gentleman in room l. Mr. Benjamin was out at the time both calls were received, so Mr. Crowley took the messages. The caller from Los Angeles didn’t leave a number. Mr. Crowley stated that upon his return to the motel, Mr. Benjamin called Los Angeles and made a couple of local calls. He then asked how to get to an address on Judah Street. Mr. Crowley gave him directions.

Mr. Crowley testified further that Friday night, October 31, he couldn’t sleep and was up watching television. At the time, he and his wife were occupying an apartment in the Sunset Motel which was directly above the registration desk and room l. The apartment had a large window with a view of the parking area. Between midnight and 1:00 a. m. Mr. Crowley saw a government interagency car pull into the parking lot directly behind the car in space 10. Mr. Crowley watched the car, as it could have been blocking another car’s exit from the parking lot. Two men wearing Khaki uniforms got out of the car and went into room l. After 10 or 15 minutes they got into their car and left. Mr. Crowley saw Mr. Benjamin accompany them to the car; he then went back to his room. Shortly thereafter, another car pulled into the parking lot, and a man in a suit got out and went to unit l. He stayed about 10 or 15 minutes, and then came out with Mr. Benjamin, and both men left in the car. Mr. Crowley was still awake when they returned, about 2:30 or 3:00 a. m. Mr. Crowley then said that the following morning, Saturday, November 1, Mr. Benjamin asked whether he could keep his luggage in the office, as he didn’t know if he was going to stay another night. Mr. Crowley put the luggage, consisting of two suitcases, a shaving bag, and a clothing bag, beneath the stairwell. Later that evening Mr. Benjamin and another man and Mrs. Benjamin came to the motel for Mr. Benjamin’s luggage. This was between 7:00 and 8:00 p. m. Mr. Crowley stated that Mr. Benjamin was wearing a shirt and slacks and a leather jacket. When he was shown People’s Exhibit No. 10-BB, Mr. Crowley stated that he had not seen Mr. Benjamin wearing the suit shown in the photograph.

Mr. Crowley was then cross-examined by Attorney Pestarino, and a redirect examination was conducted by Attorney Robinson.

Sergeant Aubrey Raymond Parrott was then called for redirect examination by Attorney Robinson. A brown vinyl leather zippered bag, marked as People'’ Exhibit No. 30, was identified by Sergeant Parrott as being the one he photographed at the Oasis Motel. Sergeant Parrott stated that the bag was the only piece of luggage in the room at the Oasis Motel at the time he entered it. Attorney Pestarino then recross-examined Sergeant Parrott.

Sandra Lee Haynes, a clerk-typist for the San Jose Police Department, was the next witness called. She testified that she had taken the fingerprints marked People’s Exhibit No. 24-A through 24-D, early on the morning of November 7, 1975, Miss Haynes identified the defendant as the person whose prints she had taken at that time.

The next witness, S. Henry Inami, a criminologist for the County of Santa Clara, identified People’s Exhibits Nos. 2,3,4 and 9, as the evidence presented to him on November 12. He had concluded that the bullets had been fired by the gun, and explained how his tests and examinations were conducted.

The stipulation was then made that the blood and urine were properly taken and analyzed, and that the results showed a blood alcohol percentage of 0. 08, and a negative report on drugs or other barbiturates.

Attorney Pestarino then conducted a cross-examination of the witness. The diagrams which Mr. Inami drew during his testimony were marked as People’s Exhibit Nos. 31-A and 31-B. During the recross-examination, the effects of alcohol on an individual were discussed. Attorney Robinson then conducted a redirect examination of the witness. Attorney Pestarino then questioned Mr. Inami again, as did Attorney Robinson. A third diagram drawn by Mr. Inami during his testimony was marked Defendant’s Exhibit C.

Mr. Frederick Samuel Kelaita was the next witness called. He stated that he is a businessman in San Mateo County, and that he knew the Patriarch, Mar Shimun XXIII, well. He is a member of the Church of the East, and had a relationship with him through his activities with the church, and he also knew the Patriarch through a family relationship, as he is married to the Patriarch’s sister. Mr. Kelaita then gave a brief history of the Church of the East. He also gave a brief background on the Patriarch. He went on to state that many times he helped the Patriarch with correspondence, and at times he arranged appointments with the Patriarch for various people. As the Patriarch would never see a layman without a third person being present. He sometimes was present during the appointments. He was not, however, present during meetings with other clergy. Mr. Kelaita also stated that because of his position as head of the Church of the East, it was difficult for the Patriarch to have close friends.

During his testimony, Mr. Kelaita stated that his nationality is Assyrian, and that he had been born in Russia, but had come to this country in 1949. He went on to say that he is not a member of the Assyrian Universal Alliance, and that he does not agree with their political aims.

Mr. Kelaita told the court that he had met the defendant’s father, General Ismail, and that the general was loved and respected by the Patriarch, although the Patriarch did not always agree with his political activities. The Patriarch had mentioned that he felt General Ismail’s political involvement were brought on by his sons. He also testified that he knew a man named Sargis Michael, who wrote articles for a newspaper, the Assyrian Star, and that Mr. Michaels had contacted him for an appointment with the Patriarch, and that the Patriarch had finally consented to see Mr. Michaels. Mr. Michaels wanted the Patriarch to be both a spiritual leader and a political leader of the Assyrian people, but the Patriarch believed that the church should not be involved in political activities.

The testimony continued, and Mr. Kelaita stated that during the first week of January, 1973, the Patriarch had announced his resignation as head of the church. However, the bishops of the church came to him and requested him to stay on for six months so that a successor could be elected. In August, 1973, the Patriarch telephoned Mr. Kelaita and told him that he would be married. It seemed to be the general feeling of the Assyrian people that the Patriarch had broken the law of the church. The bishops of the church then held a meeting and wrote to the Patriarch that he was no longer Patriarch. The Patriarch later wrote a letter to the bishops regarding his position and the laws of the church, and the bishops got together and reversed their decision, and asked the Patriarch to continue as head of the church.

Mr. Kelaita then testified that David Ismail had not contacted him for an appointment with the Patriarch, nor did he know that Mr. Ismail was in the area. He also stated that the Patriarch did not see anyone without an appointment. Attorney Pestarino then cross-examined Mr. Kelaita.

Mr. Yule Lazar was then recalled to the witness stand, and cross-examination by Attorney Pestarino continued. Mr. Lazar testified that Ron Myers had come to work for him as a part-time mechanic, and that he later sold his Union 76 station to Mr. Myers, but the transaction was done directly through the Union 76 people. Mr. Lazar said that he did not receive a note from Mr. Myers for $600, nor did he have any direct dealings with Mr. Myers during the transaction other than selling him some miscellaneous merchandise, which Mr. Myers purchased for $32. 65. and giving Mr. Myers $42. 13 in change for the same sum in paper money. Mr. Lazar again stated that he saw Mr. Myers only twice after Mr. Myers took possession of the service station.

Mr. Lazar continued his testimony, stating that his two brothers, Joe and Sam, run service stations, and that government cars are serviced at one of the stations. He went on to say that he had called his brother Joe to go to the Sunset Motel and bring Mr. Ismail to the PSA Hotel if he had a car that needed to be road-tested, and that his brother did bring Mr. Ismail to the PSA Hotel, but that he didn’t see what kind of car he was driving. Mr. Lazar testified that he did not see Mr. Ismail at the Sunset Motel. He then stated that on Friday night he and Mr. Ismail had dinner together, and that around 10:30 or 11:00 he drove Mr. Ismail to the Sunset Motel, and then back to the PSA Hotel. He also testified that on Sunday morning he drove Mr. Ismail to the Church of the East at 3939 Lawton Avenue.

Mr. Lazar again testified that he had never owned a gun, and that he did not suggest to Ron Myers that he buy a gun.

At that time, certain papers pertaining to the gas station were marked as Defendant’s Exhibit D-1 and D-2. Other documents were marked as Defendant’s Exhibit E. Mr. Robinson then conducted a redirect examination of Mr. Lazar.

Mr. Lazar testified that he brought the papers marked as Exhibits to the court room voluntarily, and again said that he had never owned a gun, and did not know of Siegle’s Sportman’s Supply. He also said that he sold the station to Ron Myers at a loss.

Mr. Lazar testified that his brother, Joe, works in a gas station at 6th and Harrison streets, and that the trip from that station to his house would take about six or seven minutes. His attention was then called to the phone slips for the calls Mr. Ismail had made November 6, and he stated that such information was kept in case the hotel’s guests didn’t pay for the phone calls, so that the party who received the call could be made to pay for it.

Mr. Lazar then said that he had been told by Mr. Ismail that he was interested in relocating to San Francisco, and they discussed this only briefly. He testified that he didn’t know whether Mr. Ismail had any money, or whether he was employed. He then testified that he didn’t know that there was a defense fund set up for Mr. Ismail, and that he had not been approached by Kitty Benjamin for contributions to a defense fund for Mr. Ismail.

Attorney Robinson then questioned Mr. Lazar about the luggage Mr. Ismail had at the time Mr. Lazar picked him up at the Sunset Motel. Mr. Lazar said that Mr. Ismail put his luggage in the trunk of the car, and that he didn’t know exactly what kind of luggage it was, or how many pieces Mr. Ismail had. He also stated that Mr. Ismail was dressed casually at the time. When Shown People’s Exhibit No. 30, Mr. Lazar stated that he did not recognize it. At this point the trial was adjourned until Monday, March 22, 1976, at 9:45 a. m.

The defendant, David Malek Ismail, was called to the stand by Attorney Pestarino. Mr. Ismail gave his address as 1497 Huron Street, apartment 402, London, Ontario, Canada, and stated that he is married to Peggy Benjamin Ismail, and that they have an adopted son who is 12 years old. He stated that from November, 1974, he had been unemployed and that he had sold his home and had been living off the proceeds of the sale. He had been born in Syria in 1935, and had moved about the Middle East with his father while he was a child. He had immigrated to Canada when he was approximately 30 years old. Mr. Ismail stated that his father had been a member of the Church of the East, and that he was a very religious man. Mr. Ismail himself had been baptized in the Church of the East, and attended church regularly with his father.

Mr. Ismail testified that he first met the Patriarch in 1962, in Damascus, when he and his wife went to ask that special prayers be said so that they could have a child. At the time, Mr. Ismail and his wife had had their picture taken with the Patriarch, and this picture was presented to the court and marked Defense Exhibit F. Mr. Ismail also testified that he had lived with his father until the time of his marriage, and that his relationship with his father was very close. He stated that his family had always supported the Patriarch, and that when he was a child living with his father, his father had thrown some people out of the village who did not support the Patriarch.

Mr. Ismail said that he had known Mrs. Emama Shimun and her family, and had visited them since 1969, perhaps twice a year. He also stated that at that time he was too busy earning a living and teaching his son to be interested in politics.

Mr. Ismail testified further that he had always wanted to become a member of the Assyrian military, but that they wouldn’t accept him because he lost the hearing in his right ear through a childhood accident. He had been playing with some other boys and had fallen and hit his head. He was hospitalized for some two or three weeks. He then stated that in 1972 or 1973 he had had surgery on his right ear. Additional testimony was given that in 1960 Mr. Ismail had had a car accident, and had lost his memory for six or seven months. He had been about twenty-five at the time, and when he injured his ear he had been about eight. Mr. Ismail indicated that during the time he had lost his memory, his father had kept a diary for him. At this time Mr. Ismail also testified that at the age of fifteen, he had suffered from a severe fever. In response to a question by Attorney Pestarino, Mr. Ismail testified that after his ear injury he had had difficulty learning in school, and that he couldn’t remember things he had read.

By the time he was interested in going into the military, his father had retired from the military service. Mr. Ismail said that his father had taught him about guns from the time he was ten years old, and that they had practiced shooting together every week. He stated that he had rarely used a rifle, but that he was very familiar with pistols, and that he had fired a weapon similar to that marked People’s Exhibit No. 4 on many occasions. When he was living in the Middle East, he had always carried a gun, but it wasn’t loaded. Mr. Ismail also said that while he was living in Canada he owned three guns and always carried one in his car. Sometimes he would carry a gun in his pocket.

Mr. Ismail testified that while he was living in Canada he made several trips to the United States. Several times he had gone to Michigan to see the Patriarch, and he had also been to Chicago twice. He stated that he had carried his gun with him on these trips, and that his friends all knew that he carried a gun.

The defendant then testified that he could not sleep without two or three shots of Johnny Walker Scotch, and had drunk every day since 1973. He then stated that there were times he would have a few drinks and not remember his actions.

At this time a letter to the Patriarch from Mr. Ismail’s father, and the reply from the Patriarch, were presented to the court and marked as Defense Exhibit G. Other correspondence was also presented to the court, and these documents were marked Defense Exhibit H. Mr. Ismail testified that Defense Exhibit G was a letter which his father had written to the Patriarch, asking permission to skip certain fasts because of his health, and the reply indicated the Patriarch’s permission.

Regarding Exhibit H, Mr. Ismail testified that the first document was a letter dated February 20, 1975, which he had received from the Patriarch, and he translated it as follows: "I received your letter dated February the 2, ’75, about Hormis d’Malik Ismail. As I told you in the telephone, should Hormis write himself to me. There is telegraph from Chicago against me, and there is your uncle’s name, and your cousin’s name, and your brother’s name. Send it to bishop – high bishop in the Middle East. And we are so glad that we know that nobody – not any member in your family – knows about that letter – that telegram sent from Chicago. Could you send telegram against that telegram that supports us? Send to Middle East to the bishop that we accept the Patriarch. And I send you a copy of telegram … and when you send the telegraph send me copy of that. " Mr. Ismail then said that in a telephone conversation in January, 1975, he had told the Patriarch that "we didn’t sign nothing against you. " He also testified that after that, he had two more phone conversations with the Patriarch. He thought they had been in January, 1975.

Mr. Ismail then identified the second document from Defense Exhibit H as a night letter which had been enclosed with the letter dated February 20, 1975, from the Patriarch. At this time it was determined that the defendant’s knowledge of the English language was not sufficient to read the night letter, and the Judge read it to the court: "Mar Yosip, Metropolitan, care of Mar Aprim Khamis house number 10B/4, Karradat Mariam, Baghdad, Iraq. We have been horrified to learn that Messrs. Aprim De Baz, Ninos Andrews, Ashor Solomon, and Mike Rashu have sent a telegraphic resolution to you and other bishops on February 8th, against His Holiness, Mar Eshai Shimun the 23rd, Catholicos Patriarch of the East, in the name of many purported members of the church in Chicago and Canada, including the names of several members of the house of Malik Ismail. We denounce the deceitful action of these men, who have written our names without our knowledge or permission … Dinkha Malik Ismail and David Malik Ismail … Copy to His Holiness, the Patriarch. "

The defendant then testified that he did not mail the night letter, and had kept it because he wanted to discuss it with the Patriarch.

Mr. Ismail’s further testimony was that he had become very upset when he learned of Patriarch’s marriage in 1973, and it affected him so much that he couldn’t work. He had telephoned his father in Beirut, Lebanon, and had then flown there to see him. Mar Ismail said that his father was reluctant to discuss the Patriarch’s marriage, and that he seemed "very changed". Mr. Ismail stated that at this time he started to drink heavily. He also said that he had always loved and respected the Patriarch, but after the Patriarch’s marriage, he decided not to support him any longer. However, after visiting with Mrs. Shimun’s mother and father, he changed his mind.

The defendant then testified that he had purchased a one-way ticket to San Francisco, as he was thinking of visiting some other cities before returning to Canada. He wanted to leave Canada because of the cold, and was thinking of purchasing a small business, maybe in San Francisco, with money he would receive from selling his land in Syria. He stated that he arrived in San Francisco on Thursday, October 30, 1975, and that Kitty Benjamin had met him at the airport around 7:00 or 8:00 p. m. He had called her from Canada, asking her to meet him. Ms. Benjamin then drove him to the Sunset Motel, and she gave him the room key. He put his luggage, consisting of a small bag, a medium-sized suitcase, and a suit bag, in the room, and they then went to Mr. Benjamin’s mother’s house for dinner. Mr. Ismail returned about 11:00 or 11:30 that evening.

Testimony continued. On Friday Mr. Ismail had gone to the motel’s office and made a telephone call to Sam Lazar. Mr. Lazar said that he was busy, but that he would ask his brother to show Mr. Ismail San Francisco. Mr. Ismail said that he had first seen Mr. Crowley, the clerk at the motel, on Friday around noon, when he had inquired of Mr. Crowley how to get to the zoo. Mr. Crowley had addressed the defendant as Mr. Benjamin, and the defendant had given him his correct name. Mr. Ismail went to the zoo by bus. Friday evening Yule Lazar had invited Mr. Ismail to dinner, and said he would pick him up at 7:00 p. m. Around 7:10 p. m. Mr. Ismail had gone to the office and asked Mr. Crowley if he could use the phone. After a short time, two men arrived and one identified himself as Yule Lazar’s brother, and said that he had come to get Mr. Ismail, as Yule was busy. Mr. Ismail then went back to his room for cigarettes, and left with the two men, who were in a station wagon with some writing on the door. The men were dressed in work clothes, according to Mr. Ismail. They then drove to the hotel where Kitty Benjamin and Yule Lazar worked, and Mr. Ismail was introduced to Yule Lazar. Mr. Ismail had no luggage with him at that time. He and Yule Lazar had a few drinks and dinner in the hotel’s dining room, and Mr. Lazar drove him back to the Sunset Motel about 10:00 or 10:30 – maybe 11:00 p. m. -- . Mr. Lazar did not get out of the car. Mr. Ismail stated that on Friday, October 30, he had made a call to Los Angeles, to his brother-in-law’s brother, and no one answered.

Mr. Ismail then testified that on Friday, October 31, about 5:00 p. m. , he had gone to a bar to pass some time, and "was drinking Johnny Walker by himself. There were a couple guys sitting there too, a little far from me. " Mr. Ismail was then asked if he had seen People’s Exhibit No. 4. He said that he purchased the gun from one of the two men who had been in the bar. One of the men left and the other came to talk to Mr. Ismail. The man was between 40 and 45, was unshaven, and had some kind of scar of the left side of his face. Mr. Ismail bought the man a beer, and when it was finished the man asked Mr. Ismail to buy him another beer. When Mr. Ismail told him he didn’t have enough money, the man showed him a gun – People’s Exhibit No. 4 – and offered to sell it for $20. Mr. Ismail thought it was good buy, and gave the man $20. He then took the gun, put it under his shirt, and put the two clips into his pants pockets. Mr. Ismail then got up to leave, and when the man asked where he was going, he said he’d be back in a minute, and left his cigarette, some change, and his drink at the bar and went back to the motel. When Mr. Ismail arrived at the motel he put the gun in the small bag.

When he saw Yule Lazar later that evening, Mr. Ismail asked whether Mr. Lazar could get him a room at the hotel where he worked, as he was not satisfied with his room at the Sunset Motel. When he went to pay his bill at the motel he was informed that it had already been paid, and later he found out that Kitty Benjamin had paid the bill. He checked into the Franciscan Hotel on Saturday. Saturday night Mr. Ismail had invited Mr. Lazar to join him for dinner, and Mr. Lazar had driven to the restaurant. At that time Mr. Ismail asked Mr. Lazar if he would take him to church Sunday morning, and Mr. Lazar agreed. Mr. Ismail had carried the gun with him during the time he was in San Francisco, with the exception of Sunday morning when he attended church, and at that time he had left it in the small bag in his room.

The defendant testified that during his stay at the Franciscan he made several phone calls. One was to his wife in Canada, and a friend who was visiting in his room. Eshaia d’Mar Shimun, spoke to Mrs. Ismail also, Mr. Ismail and Eshaia d’Mar Shimun had met at church on Sunday, and Mr. Ismail had visited at his home until 5:00 or 6:00 p. m. that evening when Eshaia d’Mar Shimun drove him back to his hotel. The defendant stated that the call to Canada was the only one he made on Sunday. On Tuesday or Wednesday he had tried to call his niece, Werdia Shimun, in Australia. The person who answered the phone told Mr. Ismail that Werdia Shimun had moved, and that he didn’t know her street address or her phone number, but gave the name of the city. Right after that Mr. Ismail placed a call to Yule Kanna in Sidney, Australia, who was a close friend of his niece’s husband, to try to locate his niece.

Mr. Ismail stated that he left San Francisco about 2:00 p. m. on Thursday, November 6, by bus for San Jose. Before he got on the bus he had stopped at a bar near the bus depot and had a couple of drinks. He also bought a pint bottle of Johnny Walker Scotch, which he put in the small bag. In addition to the small bag he had his suitcase with him. He had rolled up the suit-bag and had put it in the suitcase. At the time, he was wearing the gray suit, a black shirt, and a light-colored tie. He had the gun and the clips in his pockets. When he arrived in San Jose he hailed a yellow cab and asked the driver to take him to a motel close to south San Jose and Cottle. He took him to Cottle and Santa Teresa where he had noticed a plaza with shops, restaurants, and a pizza parlor. There were no motels there, and the driver had turned around and taken him to the Oasis Motel not far from Cottle. He took his luggage and registered. When he got to his room he called the front desk and asked where the nearest restaurant was. He was directed to a steak house. They were not serving dinner at the time, so Mr. Ismail had a double shot of Johnny Walker and helped himself to some crackers and cheese which the waiter served him. He then went back to the motel and asked the front desk to call him a taxi. He had two drinks while he was waiting for the taxi. The defendant said that he had put a little water into each drink, and that he did not remember whether he had finished the second drink when the taxi came. He asked the taxi driver to take him to Cottle and Santa Teresa. He stated that he did not remember asking the driver about Woosley Street or looking at a map, but he was familiar with the name from correspondence with the Patriarch, and that during a telephone conversation with the Patriarch and the Patriarch’s father-in-law he understood that it was not far from Cottle.

Mr. Ismail went into the pizza parlor and ordered a pizza, and while he was waiting he had two beers. He ate a little of the pizza and felt sick, so he decided to get some fresh air. At this time he decided to see Mar Shimun so that he wouldn’t have to wait till the next day and could go home earlier. He walked to Mar Shimun’s residence from the pizza parlor, and he had some trouble finding the house. Mr. Ismail testified that he did not remember whether he rang the bell or knocked on the door. The door was opened by Mar Shimun, and Mr. Ismail knelt and kissed the Patriarch’s hand. The Patriarch let Mr. Ismail into the house, and they talked briefly about the Assyrians in Canada, Iraq and Syria. During the conversation Mr. Ismail told the Patriarch: "Kessy, don’t come back again because most of the people, they don’t like the Patriarch get married, and you are retired now …" Mr. Ismail stated that he was nervous and shaking for having spoken to the Patriarch in that way, and that the Patriarch got very upset and asked him to leave. He stated also that the Patriarch had slapped and kicked him and spat in his face, and that he fell down. He also stated that the Patriarch said some bad things about his father, Malek Yacoub Ismail. Mr. Ismail then testified that he didn’t remember anything after that.

Attorney Pestarino then continued his questioning, and Mr. Ismail testified further that he remembered having the gun with him, but that it wasn’t loaded, because he never carried a loaded gun. He did not remember shooting the gun. Mr. Ismail then testified that he had vague memories: "I remember as a dream. I see … I see one officer, and that is all . . . I think my hands on the wall … some wall, some place… I remember see one lady, and she said something about my suit. I don’t know what she said. I wasn’t paying attention. I don’t know what she was doing. That’s all … Yeah, before that I remember I sitting, beer in front of me. I don’t know where about. But I think it is same place … be the pizza place … and I don’t know why, how, I get there or why I sit down drinking. I was … have a shower, and one police officer, he was there, and he take my suit … that suit … and another two officers, they take me some place upstairs … third floor, second floor … I don’t remember. "

Mr. Ismail then stated that he had not heard of the A. U. A. until sometime in October, when he had signed up to become a member. He had heard that it was an organization designed to unite the Assyrian people. Mr. Ismail also said that he had not been angry with the Patriarch personally, or any of the members of his family; that he had not planned to shoot the Patriarch, and had not been paid to do it. However, he could not accept that the Patriarch had called his father a bad name and "… I just got upset. I don’t know what happened to me … what … I lost everything that I had. "

Cross-examination of Mr. Ismail by Attorney Robinson then again. Mr. Ismail testified that he thought it was a little unusual for a stranger in a bar to offer to sell him a gun, but that $20 was a good price for the gun, so he bought it. He said that he did not mention this to Mr. Lazar, as he did not know Mr. Lazar that well. He again stated that he did not get involved with the Assyrian Universal Alliance until October, 1975, and that since his brothers were involved, Kitty Benjamin had probably thought he was involved too, and had mentioned it in her Christmas card to him. Mr. Ismail also testified that he did not attend the church services on Sunday because they were over when Mr. Lazar dropped him at the church. He did not partake of the breakfast.

Attorney Robinson pointed out that Mr. Ismail had testified earlier that when he was going to see somebody important he wouldn’t bring his gun, but if he were seeing friends he would carry the gun. When asked why he was carrying the gun the night he went to the Patriarch’s house, Mr. Ismail said he hadn’t decided to go there until after dinner, and that he had asked the cab driver for directions so that he would know how to get to the Patriarch’s house the next day and not be over-charged by a taxi driver. Attorney Robinson then asked that People’s Exhibits Nos. 15 and 16, the notebook and address book, be bought out and shown to Mr. Ismail. Mr. Ismail testified that he had the Patriarch’s name, address, and phone number in the book.

The defendant then stated that he had seen the Patriarch twice while he was visiting in Michigan, but that he had never seen the Patriarch by himself in his house. He said he was looking forward to seeing the Patriarch, but he had not discussed it with anyone or told anyone he planned to see the Patriarch. He also said that he had not discussed politics with either Kitty Benjamin or Yule Lazar, and that he didn’t know that Yule was the head of the Assyrian Alliance in San Francisco "until he said it in here". The defendant then said that he had known the Patriarch’s wife since 1961, and that he didn’t remember discussing either politics or religion with her. He also said that he knew of his brother Zaia’s political involvement, but didn’t know to what extent it was.

Regarding his hearing, Mr. Ismail stated that he heard only with his left ear, and even though his right ear was operated on he still experienced the same type of headaches he had had before the operation … sometimes two or three times a month. He had had a headache the first day he was in San Francisco, but he did not have a headache the night the Patriarch was killed.

David Ismail testified that he had started drinking in 1973 when he learned of the Patriarch’s marriage, and that his father learned of the drinking when David visited him in Lebanon. Mr. Ismail stated that his father had sent him the money for the trip. He thought that his brother, Zaia, was in Iraq at that time.

During the cross-examination Mr. Ismail testified that at times, when he had been drinking, he lost his temper; and that twice he had argued with his wife over her objections to his seeing his father.

Regarding the letter written to Mr. Ismail by the Patriarch, Mr. Ismail testified; "I told him I received the telegram, but I don’t tell him that I send it; or I told him if I send it, I going to send you copy. " Mr. Ismail said that he had not telephoned the Patriarch and indicated that he would go to the Middle East and kill the people who were talking against him.

Mr. Ismail told the court that he didn’t know if his wife knew he was taking a trip to San Francisco. At the time he had had about $400 in his pocket, and $80 . . Canadian . . in his suitcase. He bought a one-way plane ticket, since he planned to go by bus from San Francisco to Denver to visit his cousin, and from there he planned to go by bus to Chicago. He stated that his wife had not believed that he was in San Francisco until she spoke with Eshaia d’Mar Shimun, the Patriarch’s cousin, who was visiting in Mr. Ismail’s hotel room at the time. Mr. Ismail stated that he did not discuss the Patriarch with Eshaia d’Mar Shimun. He stated that he was thinking of moving from Canada, and that the main purpose of his trip to San Francisco was to check out the weather, housing, and business opportunities. He did not inquire about the costs involved, as he was waiting to hear from his cousin as to how much money he had.

When questioned about his drinking, Mr. Ismail said that during the course of his visit to San Francisco he had had drinks, but that he had not become drunk. He also said that he drank a good deal more than he usually did the day he was in San Jose because he was alone and didn’t know how to spend the day. Mr. Ismail said that Monday, when he was in San Francisco, he borrowed Yule Lazar’s car and drove to Eshaia’s home, and visited there until about 6:00 p. m. Also on Tuesday and Wednesday he did the same. Mr. Ismail also said that when he was at the Sunset Motel he bought a bottle of Johnny Walker Scotch and took it with him to the hotel, where he finished it Wednesday night.

David Ismail went on to say that when he checked out of the Sunset Motel and was told by the clerk that the bill had been paid, he assumed Mr. Lazar had paid it, because he was the one who picked him up. He had left his luggage with the motel clerk. Saturday evening, sometime between 5:00 and 7:00, Mr. Lazar drove Mr. Ismail back to the Sunset Motel to pick up his luggage. Mr. Ismail stated that Kitty Benjamin was not with them. When he left San Francisco, Mr. Ismail did not tell either Kitty Benjamin or Yule Lazar where he was going. At this time Attorney Robinson asked Mr. Ismail whether Ronnie Myers, who had testified earlier, was the fellow who sold him the gun. Mr. Ismail said "no". When asked why he decided to call his niece in Australia, Mr. Ismail said: "Maybe I was drunk, that’s why. I don’t know. "

Mr. Ismail testified that he met Mr. Kanna in 1972 when Mr. Kanna came to visit General Ismail. He stated that he didn’t know that Mr. Kanna was publishing articles against the Patriarch, or that he was a member of the Assyrian Universal Alliance. He did know that Mr. Kanna was very close to his niece’s husband, and he called Mr. Kanna only to find out about his niece.

Under cross-examination by Attorney Robinson, Mr. Ismail testified that he did not remember whether he had knocked at the Patriarch’s door or rung the bell. The door had been opened by the Patriarch, and Mr. Ismail had knelt before him and kissed his hand. He then followed the Patriarch into the house. He did not know whether the front door was open or shut at this time. Mr. Ismail was unable to describe the interior of the Patriarch’s house. He stated that the Patriarch turned to him as if to speak, but "I told him that Assyrian, they don’t like to be … Patriarch to be … back, because you are married … I told him that I don’t mind myself, but I can’t send that telegraph you give it to me. " Mr. Ismail said that the Patriarch then became upset and slapped him with his open hand, and then slapped him a second time. Mr. Ismail stated that he felt ashamed and mad at himself. He said that the Patriarch then grabbed him and shouted at him in Assyrian to get out, and kicked him. Mr. Ismail said that he fell down at this point, and the Patriarch then spat in his face and spoke ill of his father. The defendant stated that he did not care to repeat the words used by the Patriarch, but after the judge intervened he spoke the words "razel brona d’razel d’kopa b’rona d’kopa. " The judge then told Mr. Ismail to write the words, first in Assyrian and then in English, and the document was marked People Exhibit No. 32. Mr. Ismail stated again that when he went to the Patriarch’s house it was not with the intent to kill him.

Attorney Pestarino then conducted a redirect examination of David Malek Ismail. During this time there was discussion among the attorneys and the court as to whether Mr. Ismail needed an interpreter. However, Mr. Ismail felt that he did not need one.

Robert Vola of 1951 Emerald Street, Concord, was then called. He stated that he is employed by Union Oil Company as resident manager of the San Jose sales office, and that at the time of the transaction between Messrs. Lazar and Myers he was the retail representative who handled the sale. Mr. Vola stated that he was testifying mainly from memory, as Union Oil’s records had been moved since that time. The station was leased to Mr. Lazar on October 17 according to Defense Exhibits Nos. D-4, D-5, and D-6. Sometime later Mr. Lazar had given Union Oil Company written notice that he wished to terminate his lease, and an ad was put in the paper. One of the people who responded to the ad was Ron Myers. Mr. Vola stated that he met with Mr. and Mrs. Myers several times and discussed leasing the station. Mr. Myers attended a four-week dealer training school. Mr. Vola indicated that the documents in front of him were prepared by him, and the entire inventory which they showed was purchased from Mr. Lazar by Union Oil Company and then sold by Union to Mr. Myers. As Mr. Myers was not able to pay cash for the inventory, financial arrangements were made at that time. Mr. Vola assumed that the downpayment made by Mr. Myers was about $1,000. 00. He also indicated that both Mr. Lazar and Mr. Myers were present at the time the inventory was taken, and were both agreeable to the way it had been conducted. Mr. Myers kept the station for four or five months, and then, as the station had been left unattended for some time, a mutual cancellation agreement had been signed, and Union Oil Company took possession of the station. Mr. Vola testified that he knew that the station had been broken into at least once under the operations of both Mr. Lazar and Mr. Myers. He also testified that he knew of a Siefle’s Sport Shop located about a mile from the station on MacArthur Boulevard and San Pablo.

During cross-examination by Attorney Robinson, Mr. Vola testified that there might have been certain things used in the operation of the station that could have been the basis for a promissory note from Mr. Myers to Mr. Lazar.

A redirect examination of Mr. Vola was conducted by Attorney Pestarino and Attorney Robinson then conducted a recross-examination.

Jack Nidever, a licensed clinical psychologist, then took the witness stand. He gave his address as 160 Saratoga, Suite 38, Santa Clara, and his qualifications were established. He had seen the defendant, David Malek Ismail, at the request of Attorney Pestarino, and had spent about 7 or 8 hours with him, talking and administering various tests. An interpreter had been present during some of the sessions. Dr. Nidever had received some background information on the defendant from Dr. Rappaport and Mr. Hernandez, the investigator. Dr. Nidever explained the tests he administered, and a cross-examination was then conducted by Attorney Robinson. During the cross-examination a letter from Dr. Nidever to Judge Duvaras was marked People’s Exhibit No. 33, and the Wexler Adult Intelligence Test was marked People’s Exhibit No. 34. Dr. . Nidever’s conclusion was: "Testing shows an organic impairment, a brain disfunction that would make him more likely to lose emotional control than a normal person. This would probably make him more vulnerable to intoxicants as well… His emotional intensity … when out of control, could lead to violence or death … " Certain documents were marked Defense Exhibits I, J, and K.

The next witness called was Archdeacon Ninos Michael, 1623 45th Avenue, San Francisco. He had at one time been the Patriarch’s secretary, and in August, 1973, he had accompanied the Patriarch on a trip to Seattle, and they picked up the Patriarch’s wife at the airport. That was the first time Reverend Michael learned of the Patriarch’s intention to marry. He testified that while he was staying in a motel in Seattle and making a phone call to his wife, the Patriarch had come into his room and started yelling at him for telling Mrs. Michael about the marriage, and then insulted him. However, after Reverend Michael had assured the Patriarch that he had not told his wife of the marriage, the Patriarch calmed down. He also testified that on another occasion the Patriarch had become very angry with him, and shouted at him for talking about a private conversation, and that the Patriarch was also angry with him for giving his wife the telephone number of the motel. Reverend Michael said that he had performed the patriarch’s marriage ceremony because he was ordered to do so by the Patriarch and had to obey him, but that he did not do it willingly.

During cross-examination by Attorney Robinson, Reverend Michael stated that he had been in San Francisco and had known the Patriarch since 1972. Before that time he had been in Chicago, and he testified that he didn’t know Sargis Michael, and that he was not related to him. Reverend Michael testified that he knew the Patriarch’s cousin, Eshaia, and that Eshaia didn’t like the idea of the Patriarch’s marriage. Reverend Michael also testified that he was not familiar with the Assyrian Universal Alliance. He then went on to say that the Patriarch had never used any physical violence in his presence.

At the time of the Patriarch’s marriage in Seattle, another priest, Michael Birnie, was present, and had acted as the best man. Rev. Michael testified that he felt so terrible about the Patriarch’s marriage, " … to the point I was going to resign. " After the Patriarch had published his epistle, Rev. Michael said, some of the bishops were in agreement with the Patriarch, and some were against him. When Rev. Michael was asked by Attorney Robinson what names the Patriarch had called him, he testified that the Patriarch had spoken in Assyrian, and the words were "donkey" and "bull". Attorney Pestarino then conducted a redirect examination of Rev. Michael, and a recross-examination was conducted by Attorney Robinson. Rev. Michael said that he had never corresponded with the defendant, and that he had seen Mr. Ismail at breakfast in the basement of the church in San Francisco talking with Eshaia’s mother. Rev. Michael had seen Mr. Ismail before in Chicago, and assumed that he was visiting in San Francisco. The extent of their conversation had been an exchange of formal "helloes".

Dr. Walter Rappaport, a licensed medical doctor in the state of California, specializing in psychiatry, was the next witness called. He gave his office address as 460 34th Street, Oakland, and his qualifications, and stated that he had seen the defendant twice, January 22 and 23, 1976, at the San Jose County Jail. Before seeing the defendant Dr. Rappaport had been briefed by Attorney Pestarino. He had spent 3-1/2 to 4 hours with Mr. Ismail. Attorney Robinson cross-examined the witness. Tapes of Dr. Rappaport’s report to Attorney Pestarino, marked People’s Exhibits Nos. 35, 36, and 37, were played. Dr. Rappaport’s conclusions appeared to be in accord with those of Dr. Jack Nidever.

The Next witness called was Reverend Aprim E. DeBaz, of 4817 West Kirk Street, Skokie, Illinois. He had been a priest in the Church of the East for about 18 years, and had first come to the United States in 1961. He had met the Patriarch at that time. He also knew General Ismail, the defendant’s father, and the defendant, and has seen both of them in the Patriarch’s presence. Reverend DeBaz testified that twice he had seen the Patriarch lose his temper, and that on one occasion the Patriarch had slapped at him with an envelope and called him a jackass in Assyrian, and that on the second occasion the Patriarch had become angry with another priest and had insulted him. Rev. DeBaz also testified that he knew that General Ismail had always supported the Patriarch.

Under cross-examination by Attorney Robinson, Rev. DeBaz testified that the Patriarch had transferred him from Chicago to Flint, Michigan, in 1970. He stated that he had not been transferred because he embezzled money from the church. He also stated that he knew Dennis Lazar, an attorney in Michigan, and was friendly with the Lazar family. Rev. DeBaz also testified that he had never made a statement to the effect that he would get even with the Patriarch for transferring him from Chicago. Rev. DeBaz stated that he arrived at the San Francisco airport via United Airlines on the evening of March 28. He was alone and had been met by Kitty Benjamin, and when he and Kitty got to the car, Zaia Ismail was waiting for them. Rev. DeBaz admitted to having sent a telegram in early February, 1975, which spoke against the Patriarch. He then admitted to knowing Sam Andrews, and that Sam Andrews and Zaia Ismail were friends. Rev. DeBaz said that he had seen David Ismail and Bishop Khamis in July, 1975, and that it had been in church, not in the Sheraton Motor Inn in Flint, Michigan. He also said that he knew David Ismail often carried a gun, and that he had known Mr. Ismail since he was a child of 7 in Syria. Rev. DeBaz had seen Mr. Ismail also on October 30, 1975, in Chicago, and had invited him and his uncle and cousin to his home for tea after church. Politics and church business had not been discussed, nor had the Patriarch. Rev. DeBaz stated that he was familiar with the A. U. A. , and " … the A. U. A. is working for the welfare of the Assyrian community – Assyrian nation all over the world – to keep the culture, language, and customs of the Assyrians. And they have been very helpful to our people all over: from Russia to Egypt to Syria to the United States. " Rev. DeBaz also stated that he and Zaia Ismail were close friends, but that he knew nothing of Zaia’s political beliefs.

Rev. DeBaz said that he did not know Yule Lazar, but that he had heard of him from reading the Assyrian Star.

Rev. DeBaz testified that on February 8, 1975, he sent a letter to Mar Yosip against His Holiness, Mar Eshai Shimun XXIII, and "… I sent copy which I addressed it to Patriarch. I sent copy of it to all bishops, archbishops, and priests of our church … That letter was signed by me … and signed by ten deacons. " The mailgram against the Patriarch included the name of the defendant, as Rev. DeBaz said he had authorization from Zaia Ismail to put the family names there.

Rev. DeBaz was then questioned about the time the Patriarch had become upset with him in Chicago because of money, and he stated that the Patriarch checked the church records of income and expenditures as a function of his office, but that on this certain occasion the Patriarch had expected some embezzlement, and a very detailed audit had been made, and approximately $75,000. 00 additional had been found. Rev. DeBaz then stated that he felt the Patriarch had always managed to live in a place that was too lavish for a clergyman, and that he had always seemed to be too interested in raising money, and that the parishioners were distrustful of him. Rev. DeBaz stated again that he believed judgement was left to God. He then stated that he had not attended the Patriarch’s funeral.

Esha Younan, also called Paul Younan, was the next witness called. He gave his address as 2617 West Berwyn, and said he worked in a place where clocks were made. Mr. Younan is Assyrian by birth. He was born in Tel-Tamer, Syria, and his mother and the defendant are first cousins. He stated that he has known David Ismail all his life. Mr. Younan moved to Canada in 1967, and at that time lived with Mr. Ismail for about 2 to 2-1/2 years. He stated that he had often seen Mr. Ismail with a gun. Mr. Younan said that he had heard that Mr. Ismail had been injured in some way when he was a child, but he did not remember the incident. He also said that during the time he had lived with Mr. Ismail, he had complained of severe headaches and pains in his ear. Mr. Younan said that on occasion Mr. Ismail would drink, and his behavior would be extreme, and that Mr. Ismail would deny remembering the things he had done.

Attorney Robinson cross-examined the witness. Mr. Younan said that he had known David Ismail’s father well, and that the Ismail family had lived in a quiet Syrian village where David’s father had a farm. Mr. Younan also stated that David Ismail’s drinking seemed to be heavier after the Patriarch had married, but that he had never discussed religion with Mr. Ismail, nor had he discussed politics with him. He also stated that he had seen David Ismail with a gun in his possession several times, but that he did not carry the gun loaded. He carried the cartridges in another pocket. Mr. Younan testified that he did not know Mr. Ismail had planned to come to California. Attorney Pestarino then conducted a redirect examination of the witness, who stated that on one occasion he had seen David Ismail crying, and when he had asked why David Ismail had told him, "Well, can’t you see what is happening to us? What is happening to the Assyrians? The Patriarch is getting married. It is … you know … something unbelievable. " Mr. Younan had been very surprised at the time and had said, "Well, what can we do about it? It’s too late. Something happen, it’s done. " Mr. Younan was then briefly recross-examined by Attorney Robinson.

Attorney Pestarino then called Zaia M. Ismail to the witness stand. He stated that he is the brother of David Ismail, and gave his address as 1627 Huron Street, London, Ontario, Canada. He also stated that he had seen a doctor that morning and that he wasn’t feeling too well. He felt he might need an interpreter because his English was not very good, and he might not understand the questions he would be asked.

Attorney Pestarino and Robinson then agreed that Rev. Aprim E. DeBaz was qualified to act as interpreter, and he was sworn in and instructed by the court.

Zaia Ismail was born in Iraq, and lived there until he was two years old. He remembered that he, his mother, and David had taken a trip to visit his father in the army camp, and that during that visit David had an accident while he was playing and suffered head injuries. David was in a British army hospital for treatment. Zaia did not remember for how long. David had been doing well in school up until that time. After the injury he couldn’t seem to learn anything, and David’s father had told the family to keep him calm and happy, and that maybe he would get better.

In 1968 Zaia Ismail went to Canada, and he and his family stayed with David until he found a job and rented an apartment. David and his father were very close, and Zaia said that, next to his father, David was the most religious member of the family, and that he taught his child to speak Assyrian and to read and write it. Their father had owned very valuable land in Syria, and had left 1/3 to Zaia and 2/3 to David. Zaia Ismail has been a member of the A. U. A. since 1969, and stated that it is not a revolutionary organization. He does not know a person in Australia named Kanna, but he has a niece living there named Wardia, and a nephew. They have never visited Canada, nor are they

members of the A. U. A. Zaia Ismail stated that the A. U. A. had nothing against the Patriarch. Attorney Robinson then began his cross-examination.

Zaia Ismail had not returned to Syria since 1968, even though he has property there. He has given power of attorney to his cousin, who takes care of the land for him, but at any time he can go back and claim the land. He has never told his cousin to sell the land, but he had heard that his brother, David, told the cousin to sell his share at any time. Zaia again stated that it is his brother’s habit to carry a gun with him. Zaia Ismail said that he knew Sargis Michael, and that Mr. Michael is not a member of the A. U. A. He does not know Mr. Kanna personally, but he knows he is a member of the A. U. A. He met Yule Lazar when he came to California to visit David in Jail. This meeting took place at the PSA Hotel. Until that time, Zaia Ismail did not know Yule Lazar was a member of the A. U. A.

Zaia told the court that the last time he had seen his brother, David, in Canada was approximately October, 1975. Zaia knew nothing of David’s proposed trip to San Francisco. David had invited Zaia and his family and their brother, Jack, to his house for a drink. While they were drinking David started talking about the Patriarch’s marriage, and Zaia had told him to forget it and be happy. David had told Zaia and his family to leave, and that he never wanted to see them in his house again, and he tried to attach Zaia’s wife. David was drunk at the time, and when Zaia confronted him with the incident the next day, David said he had no memory of it. After that Zaia and his family didn’t see too much of David.

Zaia Ismail stated that he was never charged with a being a spy for the government of Iraq. However, on February 16, 1975, in Flint, Michigan, the council members of the A. U. A. informed Zaia Ismail and Sam Andrews that they were accused of taking money from the Iraqi government for their expenses during their stay in Baghdad. At the time, they and Zaia’s father, the late Malek Yacoub, had been guests of the Iraqi government.

Joe Lazar was then called as a witness. He stated that he lives at 1137 17th Avenue, San Francisco, and has a service station at 377 6th Street, San Francisco, which is close to the Franciscan Hotel. His station services many government cars with emblems "G. S. A. , Official Use Only" on them. On October 31st he used one of these government cars to drive to the Sunset Motel to pick up David Ismail and bring him to the PSA Hotel. He was road-testing the car at the time, and he and the person accompanying him were dressed in their work clothes. He arrived at the Sunset Motel between 7:00 and 8:00 p. m. Neither he nor the other man went into Mr. Ismail’s room, as they saw him making a phone call in the lobby, and he came out to meet them. Joe Lazar took Mr. Ismail to the PSA Hotel, and he did not see him again that night. Joe Lazar had the service records for the car with him, and they were marked Defendant’s Exhibit L. Attorney Robinson had no questions for Joe Lazar.

Kitty Benjamin was then recalled by Attorney Pestarino. She confirmed her prior testimony that she had registered Mr. Ismail at the Sunset Motel under the name "David Benjamin", and that she had paid for the motel room. She presented the cancelled check, and it was marked Defendant’s Exhibit M. The date of the check was November 1, 1975. Ms. Benjamin said that she had picked Mr. Ismail up from the airport on Thursday, and that she had registered him before she had gone to the airport. She also said that she had made the check out on Saturday morning, and that Mr. Ismail had stayed at the Sunset Motel two nights. She stated that she didn't’ think she could recognize the motel clerk. Attorney Robinson had no questions for her.

Samuel J. Lazar was the next witness called. He gave his address as 346 62nd Street, Oakland, and testified that he had had lunch with David Ismail either the Monday or Tuesday he was in San Francisco.

Attorney Robinson conducted a cross-examination of the witness, who testified that David Ismail had phoned him to say that he was in San Francisco, and they had met for lunch at the PSA Hotel. They had discussed the import-export business, and Mr. Ismail told Mr. Lazar that he was interested in relocating to San Francisco.

Attorney Pestarino then called Sam Andrews to the stand. Mr. Andrews said he lived at 1442 West Birchwood, Chicago, Illinois, and was president of Avis Anodyziang, 522 Northwestern Avenue, Chicago. He stated that he is not a member of the Church of the East, but that he is a firm believer in that church. Mr. Andrews testified that he has known David Ismail since 1969. He also knew David’s father, Malek Ismail, and had acted as an advisor to him and accompanied him whenever he traveled abroad. Sam Andrews had seen the Patriarch on three occasions. The first time was in Chicago in 1968, when the Patriarch met with the president and vice-president of the Assyrian-American Federation. The president of the Federation at that time, Mr. William G. Younan, was also president-secretary of the A. U. A. The meeting was about the churches in Iraq being confiscated, and a new Patriarch being installed in that country by the government.

The second time had been in New York later in 1968. Mr. Andrews testified that the Patriarch had written a letter to be signed by the president of the Assyrian-American Federation and sent to the representatives of the Moslem governments in the U. S. , inviting them to a meeting to discuss the incidents in Iraq. The president had felt the letter was too strong, and refused to sign it, but the Patriarch had insisted it be sent the way it was, and had started screaming at them, and had thrown them out of his hotel room. The Reverend DeBaz and another priest had been present on this occasion. None of the Moslem representatives had attended the meeting, and Mr. Andrews stated, "Then … we met with representatives of the United Nations, the governments of Lebanon, Syria, and Iran. And the result of it was that there wasn’t anything they could do in the situation. "

The third time he had seen the Patriarch, Mr. Andrews had been in the audience of a meeting in Chicago between the Patriarch and the local parish priests of the Church of the East, and priests from the other denominations in the Assyrian community.

The examination continued, and Mr. Andrews testified that he had often seen David Ismail carrying a gun, usually in the inside coat pocket, and that on several occasions he had warned David about carrying guns when he traveled from country to country. "But it was like a package of cigarettes. He always had them. " Mr. Andrews also said that Malek Ismail had been a deeply religious man, and that he assumed David to be religious also, because at one time, when someone had criticized the Patriarch, David "almost went into a rage, and broke up the party. He wanted to throw the man out of the second floor window. " Sam Andrews testified that he had never heard David’s father speak against the Patriarch after the marriage, and that the subject had not been discussed between David and himself.

Mr. Andrews then told the court that he is a member of the A. U. A. , and had joined when it was organized in 1968. He had been an executive member for three years, and for the last two years has been chairman of the advisory board. He presented a sealed copy of the by-laws of the A. U. A. to the court, which was marked Defendant’s Exhibit O, and an accompanying letter was marked Defendant’s Exhibit N. Sam Andrews stated that the Patriarch had always preached that the people of the Church of the East should live in peace with whatever government they were living under. According to Mr. Andrews, the A. U. A. is a non-violent, peaceful organization promoting the language and culture of the Assyrian people all over the world, and is devoted to helping under-privileged Assyrian people. The A. U. A. has "an aim that the Assyrian, like any other nationality under the constitution and charter of the United Nations, should have an area to live in and an autonomous state … under the jurisdiction of the central government of that country … Several letters dealing with the World Council of Churches, the United Nations, and the State Department were then presented to the court and marked Defendant’s Exhibit P. Mr. Robinson then conducted a cross-examination of Mr. Andrews.

During the cross-examination the witness again testified that the A. U. A. is a peaceful organization devoted to helping Assyrians all over the world. He also testified that in October, 1975, in Switzerland, the A. U. A. passed a resolution stating that it was a non-violet organization, and if there were radicals in the group they were eliminated at that time. Mr. Andrews also stated that he and Zaia Ismail had been accused of certain dealings with the Iraqi government, and in March, 1975, he had requested a hearing before the officers and executive committees of the federation and the A. U. A. His name and that of Zaia Ismail were cleared. Mr. Andrews then told Attorney Robinson that he and Mr. Younan had flown to San Francisco together.

Mr. Frederick Samuel Kelaita was then recalled by Attorney Robinson, and testified that a meeting of the Patriarch and various bishops of the church had been scheduled for November 19, 1975, in Seattle, and had been postponed to January, 1976, as some of the bishops could not attend in November. The meeting was to settle the problems of the church. After his resignation, the Patriarch had received a petition of all the bishops of the church requesting him to resume the duties and administration of the Church of the East. Bishop DeBaz of Lebanon, brother of Father DeBaz, was one of the bishops who signed the letter. The letter was then marked People’s Exhibit No. 39. Mr. Kelaita confirmed his prior testimony that the Patriarch did not see anyone without an appointment, and whenever the Patriarch received someone who wasn’t a member of the clergy, he had another person there to witness the meeting. Mr. Kelaita testified that when the Patriarch received members of the clergy he would normally wear a black suit; but when he received callers on official business, he wore a long robe. When the Patriarch was with his family he would wear just casual clothes. Photographs of the Patriarch were marked People’s Exhibits Nos. 40, 41, 42, 43, 44, and 45.

Then, based on a book written in Assyrian by Malek Yacoub, and also on the common knowledge, generally, of the Assyrian people, Mr. Kelaita gave a brief history of the Assyrian people from 1918 to 1945. Mr. Kelaita stated that the Patriarch had not supported the A. U. A. because the A. U. A. did not have support from the Assyrian people in the Middle East.

Questioning continued, and Mr. Kelaita testified that he was familiar with Father DeBaz, and that the Patriarch had brought Father DeBaz to Chicago in the early ‘60s. Around 1970 the Patriarch transferred Father DeBaz to Flint, Michigan. The Patriarch had mentioned to Mr. Kelaita that he felt Father DeBaz was not an honest man, and that he had transferred Father DeBaz to Michigan instead of firing him because he hoped "that he would straighten himself up. " A member of the church had donated $1,000. 00 to the Church of the East Foundation, and had given the money to Rev. DeBaz. After some months he still had not received an acknowledgment or receipt, and he called the Patriarch to inquire about it. The Patriarch brought this matter to the attention of Rev. DeBaz, who said that he had forgotten about the check. Rev. DeBaz then paid the money to the church. Later, in Chicago, the Patriarch had seen Rev. DeBaz and told him that he was forgiven. When the Patriarch’s father died in November, 1974, Mr. Kelaita had telephoned Rev. DeBaz in Michigan to inform him of the death, and to ask him to tell some others. Rev. DeBaz insisted on coming to San Francisco to assist with the funeral. Mr. Kelaita met him at the airport. After the funeral, the family members had talked among themselves, and took up a collection to pay for Father DeBaz’ plane fare … round trip. Rev. DeBaz at first refused the money, but then took it. Some time later, Mr. Kelaita was contacted by the parish in Flint, Michigan, as Rev. DeBaz had asked the parish to reimburse him for the trip to the funeral. Mr. Kelaita told the parish that the plane fare had already been paid for, and not to pay Father DeBaz.

In June, 1975, Rev. DeBaz left Flint, Michigan, for Chicago, and wrote a letter to the Patriarch, sending copies to the members of the Assyrian communities. The letter was marked People’s Exhibit No. 46. Mr. Kelaita translated the letter: "Mr. Eshai David, who is calling himself Catholicos Patriarch of the Church of the East: We have no desire to answer to your letters full of threatening and self-glorification, for you know well that you have torn the veil of human decency, and from the beginning of your life until your resignation and marriage you have been hard-hearted and an arrogant person, and have betrayed this holy church and nation. It is impossible that you will stop and confess to the truth. The surprising thing is that you are still hopeful to re-establish your hitlerite empire and regain the affection of the people and reinstate their former respect. No. Eshai, you better stop thinking about this, and instead it would be better for you to keep quiet, because you are increasing the anger of the people by your letters, which are meaningless and of no value. We shall have no part in your goodness or evildoings. Whatever you have stated, or shall state, would be for yourself and those who listen to you and praise you. For you yourself have brought shame on yourself. We agree with your letter of August 15, 1975, whereupon announcing the happy news of your marriage you are stating that you would never have taken this step as long as you were doing the duties of a Patriarch, and as long as the question of the bishops was not settled by the synod. For the sake of peace and harmony in the church, it should be expected that church hierarchs should not be married until such a time that the synod has changed the canon laws. All of us, sons and daughters of the Church of the East, agree with the position taken at the synod of the bishops on September 15th, 1973, in the city of Beirut, Lebanon, that on that date you were defrocked from all church ranks and made a layman. So better understand, you old traitor, that you have no share in God’s church, and no part with the sons of Attur. All of us of the Church of the East are thankful to the bishops for sending their representative, Bishop Mar Aprim Khamis, to this country as their official bishop. We all accept him, and so we pray for his success, and will go through any sacrifice if needed. In conclusion, we all pray for you as we have been taught by our Lord. Furthermore, we pray that God will grant you understanding, and stop you from doing things which are contrary to the teachings of our church. If not, you are disassociating yourself altogether from the church and its teaching … Signed June 22, 1975, Chicago, Illinois, the servant of the Holy Church and Assyrian Nation, Reverend Aprim DeBaz, Pastor of Mar Sargis Parish in Chicago, copy to all church bishops in the East and West. " (Also contains signatures of ten deacons).

This letter had been written long after the bishops had changed their position and had i