Part 22 (1/2)

”Yes.”

The questioning continued in this manner for several minutes, with Phillips barely containing his impatience. The judge, leaning back in his chair, rocking softly, listened without comment. Bill Bonanno also listened, becoming more interested when Notaro reached the year 1964 and Notaro testified that he had been introduced to the Bonannos through a cousin, the late Joseph Notaro. Then, after admitting to the court that his trucking business had delcined in 1968, Peter Notaro told of the trip to Tucson that he had taken with Bill Bonanno in February 1968, adding that as he left New York he had no idea that Bill carried Torrillo's card, that he had never heard of Torrillo at that point, and that he certainly had not-contrary to Torrillo's previous testimony -gone to Torrillo's home with Perrone to procure the credit card. Notaro told the court that he first became aware of the card after Bonanno, who had been driving all day and wanted to rest, asked Notaro to take over for a while, and to use the card which was in the sun visor, ”in case you need gas...”

”I object to this as being hearsay,” Phillips said.

”Overruled,” Judge Mansfield said. ”I will allow it.”

”Did you see the name on the card at that time?” Sandler asked.

”Yes,” Notaro said.

”What was the name on the card?”

”Don Torrillo.”

”Did you speak to Mr. Bonanno about that?”

”Yes, yes, I did.”

”Objection to what Mr. Bonanno said,” Phillips called in a loud voice, ”anything Mr. Bonanno said, Your Honor.”

”It seems to me that we are getting into an area here of hearsay,” the judge agreed.

”I thought I was questioning the man about his criminal intent, Your Honor,” Sandler explained.

”Yes,” Judge Mansfield said, adding, ”I will instruct the jury as follows: I am going to admit this evidence not to prove the truth of what Mr. Bonanno said, but simply to prove the fact that it was said to this witness. I think you ought to grasp the difference there,” the judge continued, now turning toward the jury. ”It is not being received in evidence to prove that what Mr. Bonanno said was true, because Mr. Bonanno would have to be cross-examined on that. It is being offered simply to prove that it was said to this witness.”

”If Your Honor please,” Krieger said, standing, seeming almost indignant. ”I would like to make an objection at the sidebar. May I?”

”Yes.”

With Sandler and Phillips standing next to him at the side of the judge's bench, Krieger said, ”If Your Honor please, I have no quarrel with the instruction as given in that it is, in my understanding, a correct statement of the law. But what bothers me here is that it may well be construed as a comment upon the failure of the defendant Bonanno to testify and to expose himself to cross-examination here. I think that my obligation requires me to move for a mistrial under these circ.u.mstances, Your Honor.”

”It certainly is not intended as any such comment,” Judge Mansfield said. ”If you desire in the instructions or at this time an instruction to the effect that the failure of the defendant Bonanno to take the stand does not const.i.tute a basis for any inference or presumption against him, I will give it.”

”Well,” Krieger said, ”I had a.s.sumed, Your Honor, that you would so charge in the main body of your charge. I think, Your Honor, at this time I would request that you instruct this jury now that in their consideration of the charges against Salvatore Bonanno that they are to specifically exclude from their consideration-they are to draw no inference one way or the other as to the fact of his failure to testify and not to construe any of your remarks as a comment on that, etc., without waiving any rights which may have accrued as a result of the original statement.”

”I am not going to add that last,” said the judge.

”No, I am adding that as far as the record is concerned,” Krieger said.

The judge turned to the jury, and said, ”Ladies and gentlemen, the defendant Bonanno has rested without taking the witness stand. Under the law he has the right to do that and I think I will instruct you more completely when the time comes. At the present time, however, I give you this statement which will be repeated in my instructions to you. No inference or presumption whatsoever is to be drawn against the defendant Bonanno because of his failure to take the witness stand or to testify in his own defense. He is not required to do that and any comment made by me with respect to an evidentiary question here was not intended to imply that any such inference should be drawn.”

With a nod from the judge, Sandler resumed his examination of his client, and Peter Notaro told of his first months in Arizona during which he resided at the elder Bonanno's home, dined often with Bill Bonanno in restaurants where Bill occasionally used the card, and Notaro also described the day that he had accompanied Bill to the Tucson airport and, because Bill could not find a parking place, Notaro had gone to the ticket counter to sign Torrillo's name to a voucher, doing as Bill had asked, and Notaro told the court that he had no idea at that time that he was committing fraud.

Finally, Walter Phillips had his chance to cross-examine Peter Notaro, holding in his left hand a pack of Diners' Club receipts signed in the name of Don Torrillo.

”Are you familiar with the Statler Hilton in Tucson, Arizona?” Phillips asked.

”Yes.”

”Have you ever been to the Statler Hilton, have you ever stayed there or had dinner there?”

”I have had dinner there.”

”Did you have dinner there with Mr. Bonanno?”

”Yes.”

”And at that time was the Don Torrillo credit card used to pay for the dinner?”

”This I don't remember.”

”I show you Government Exhibit 14A in evidence,” Phillips said, handing a piece of paper to Notaro. ”Does that refresh your memory?”

”No, I don't remember how he paid it.”

”Are you familiar with the Tucson Desert Inn in Tucson?”

”No, I don't remember it.”

”You don't remember the Tucson Desert Inn?” Phillips repeated, seeming surprised.

”No.”

”You don't remember ever going there?”

”I can truthfully say no, I don't remember going there.”

”I show you Government Exhibit 15 in evidence,” Phillips said, handing it to Notaro. ”Would you look at that and see if that refreshes your memory at all.”

”No,” Notaro said, ”I don't remember this.”

Reverting back to the New York-Tucson trip of February 1968, Phillips asked, ”Do you remember if you stayed at the Catalina Motel in Indianapolis, Indiana?”

”No, I don't remember the name of the motel, no.”

”I show you Government's Exhibit 17 in evidence. Would you look at that for a minute.”

Notaro squinted at the small piece of paper, saying finally, ”No, I don't remember the hotel.”

”Do you remember eating at a place called the Zeno's Steak House in Rolla, Missouri?”

No, said Notaro.