The Waterbury Democrat., 1945-07-03
Coscia Intended To
 Kill Cyr--Fitzgerald
(Continued from Page D

verdict for the accused, in vain. The state, during the five week. old trial, examined 24 witnesses on the chief case and 19 in re- buttal while the defense called p in the main portion of the case and two for rebuttal
 Fitzgerald at the start of his arguments today pointed to three admitted facts, that Adolph Cyr met death from a wound in his heart, that the wound was caused by a gun entered as states ex- hibit, and that when the fatal shot left the gun, the weapon was in Coscia's hands.
 The prosecutor declared there was no legal justification or legal excuse made for the shooting. There is no evidence that the accused was suffering from a mental disease so that he can be excused" he pointed out.
 Referring to the relationship which existed between Coscia and Cyr, Fitzgerald pointed out, "this man with the large hole in his chest is dead . and he is not here to give his version of his relations with Domenic Coscia."
 Claim Called Ridiculous
 Fitzgerald referred to a claim by Coscia that Cyr at one time threatened to kill him. Describing the argument over several boards in the cellar, as related by Coscia. the prosecutor pointed out that no claim was made that Cy1 had pushed him or vilified him but merely that he said, T am go- ing to kill you some day." The prosecutor said such an action was most improbable and that the claim was ridiculous.
 Referring to another encounter which Coscia had claimed occurred the prosecutor pointed out Coscia did not complain to anyone about tine incident, and no one saw il happen. Fitzgerald declared the in- cident was "a lie".
 Fitzgerald then called attention to the nephew story Corporal Leon- ard Insogna, Coscia's nephew and the accused both claimed to have been present during threats made by Cyr to Coscia.
 The prosecutor pointed out tha; every time he was asked about the incident by the state he replied his mind was tired and that he could not testify anymore. Fitzgerald read Coscia's remarks from the transcript.
 He could go along all right or other phases, but when the nephew incident came along that was the mental task he did not feel he was qualified to perform" Fitzgerald stated.
 T submit that that nephew in- cident never happened, that it was something made out of whole cloth, he declared.
 Hundreds of thousands of per sons all over the country have reighbor disagreements, Fftzgeralo stated, but they don't result like this" he added.
 5 M0ntnS FreparatlOn
 Fitzgerald stated Coscia had eight months in which to reflect on the happenings of last September 2t and to prepare to give a truthful explanation of what happened when he took the witness stand.
 But "a tissue of lies made out of whole cloth was told by this defendant on the witness stand by the hour and by the day." the states attorney stated.
 He has nothing to justify or ex- plain what happened, and states il was purely an accident" the prose- cutor commented.
 "On the morning when his memory was by far more vivid and greener than it ever will be again; he said the difficulty between him and Cyr was slight" Fitzgerald pointed out.
 Continuing, Fitzgerald referred to Coscia's "eager and repeated state- ments to anyone who would listen to him" when he gave himself up at police headquarters. He couldn't talk fast enough to enough people. he added.
 Referring to the cellar story as told to the coroner and as told in the court room, Fitzgerald stated "of course the cellar story is full of holes even as amended"
 Dr. Kirschbaum's testimony on the skin scratches Coscia had on his body when he examined him on the afternoon of the staying were mentioned by Fitzgerald.
 Its not unusual for a man work ing in the cellar to be scraped on his arms" he stated. The prose- cutor added that the marks were the total net yield of this mans working around the cellar. the Ave- minute struggle he had with his wife who implored him to desist from the course he was tEying to pursue. and from any contark which he may have had n the cellar with MT. cyT."