Confidential File

Hear Duncan Trial on New LP Record

The murder trial of Elizabeth Ann Duncan is past, but the din isn't

In
fact, momentarily, another story may break in the same Ventura
courtroom where Mrs. Duncan was convicted of the murder of her
daughter-in-law Olga and sentenced to die in the gas chamber.

This
story involves a Los Angeles newsman by then name of George Moran, who
attended the sensational trial. He's head of the Moran Film Co. in
Hollywood.

A few days ago he put on the market a long-play phonograph record entitled "The Duncan Trial."

Narrated by John Babcock, it contains the dramatic highlights of the courtroom testimony:

Mrs. Duncan's running feud with Dist. Atty. Roy Gustafson
over his repeated referral to her son as "Frankie" … heated charges
and denials of incest … the damning testimony of Mrs. Elizabeth
Short, Barbara Reed and a parade of other witnesses.

The record is a composite taken from the tape-recorded proceedings.

But the delicate question which could lead to trouble for Moran is:

Who taped the proceedings? And how?

According to my information, Moran, or his agents, did not have permission from Superior Judge Charles F. Blackstock to bring any recording devices into the courtroom.

Yet, from the record, it's obvious that they had them inside, or had the room wired, from the beginning to the end of the trial.

This, alone, is enough to disturb the judge.

But, I'm sure, when a copy of the LP reaches Ventura, neither he nor prosecutor Gustafson will enjoy listening to what he hears.

Through selection of testimony in the record and editorial comment, there's no room for doubt as to "whose side Moran's on."

While the recording isn't pro-Mrs. Duncan, it definitely isn't complimentary either to the judge or Gustafson.

The trial, it hammers — both by innuendo and flat statement — wasn't a fair one.

A
Ventura minister is recorded saying: "… I have yet to meet anyone …
who has not already made up his mind as to (Mrs. Duncan's) guilt. They
expressed the thought that it might be difficult anywhere in this part
of the world to have a fair trial for her, but it would be particularly
impossible in the atmosphere that is at present reigning in Ventura."

And Babcock concludes:

"There
were many witnesses to substantiate the jury's verdict. There was also
overwhelming prejudice. She had been prejudged and condemned before the
trial began…."

'With Fitting Dignity'

Among the canons of judicial ethics adopted by the American Bar Assn, there's one, No.35, which reads:

"Proceedings
in court should be conducted with fitting dignity and decorum. The
taking of photographs in the courtroom during sessions, and the
broadcasting or televising of court proceedings are calculated to
detract from the essential dignity of the proceedings, distract the
witness in giving his testimony, degrade the court and create
misconceptions with respect thereto in the mind of the public, and
should not be permitted."

The ABA's canons are commonly
interpreted as being for the court's guidance, rather than
hard-and-fast rules. Enforcement and interpretation is generally left
up to the presiding judge.

Most judges, for example, will permit newspaper photographers limited freedom to work.

But
I've got the feeling, in this case, that Mr. Moran is flirting with a
contempt-of-court charge. Anyway, it'll be interesting to see if he can
get away with it.