The Waterbury Democrat., 1945-11-06
Zukouskos
 Case Argued
Continued from Page 1,

' Ntiab bity uAu Aiot ICCNt tAaa% the seriousness of the occurrence.
 Oral arguments at todays appeal nearing were based on written briefs which were presented to the nigh court justices. Carmody and Atty. W. w. 0ager, specially-ap- pointed defense counsel, presented a 34-page brief, while States Atty. William B. Fitzgerald and Assistant States Atty. walter w. Smyth drew up and offered 8 24-pagc outline Of the states case.
 In the event the lower courts decision is upheld, zukauskas' next recourse will be to seek e commit tation to life imprisonment from the State Pardons Board
 Dispute Confessions"
 The defense claimed today that confessions" were obtained from zukauskas while he was illegally in the custody of police, and that the trial court erred in admitting them as evidence.
 The state maintained that quite apart from the confessions, the trial court established that the &C., cused was guilty of murder n the first degree It claimed the state ments of zukauskas were admissible since they were not produced "by force. fear, threats, violence, in- ducements or promises but were made voluntarily.
 Defense counsel claimed no war rant was issued for the arrest of Zukauskas, when he was brought to the police station November 2, even though there was ample time for issuance of a warrant and no dan- ger of the escape of the &C., Cused.
 Statutes Violated Is Claim
 Even if the original arrest, on n breach of peace charge, could be justified, the further detention be- came illegal since further steps were not taken in accordance with requirement. of the General Sta tutes. the defense argued.
 Statutes require that persons ar- rested shall be immediately present. ed before proper authority and this was not done in Zukauskas' case, his counsel maintained.
 Had he not been detained, the statements would not have been ob- tained," the defense contended. True, it is that in one sense of the word the statements were voluntary. True, it is that there was no such compulsion as would render the statements involuntary under the usual rule of evidence never theless, the statements were ob- ta-ned by the exercise of illegal process--they were involuntary in that thy were produced by the eX ercise of illegal compilations"
 Points to Two Statements
 We believe 1t inconceivable that the trial court was not either con- sciously or unconsciously influenced in its finding of facts and its con- clusions by the contents of these statements" the defense maintained. We do not believe the error can be lightly dismissed by simply stat ing it had no effect on us'."
 The defense pointed to two state ments in the judges finding which 1t claims could only have been se- cured from the confessions. One was that the accused decided to dump her out" and the other that he stripped the body of clothing for the purpose of preventing iden- tification through laundry marks"
 Neither in his direct nor in his cross examination did he testify to the facts thus found" the de- fense stated, in arguing that the judges decision was influenced by the confessions.
 Stress Emotional Responses
 Respectfully. we are forced to the conclusion that many of the facts found and conclusions reached were the result of emotional re- sponses," the defense claimed, in arguing that murder in the first degree was not proven beyond a reasonable doubt.
 The defense pointed out that at the time of the first shooting and for the remainder of the night Zukauskas remained in his police uniform. That fact has consider able bearing on the likelihood that he did not premeditate the second and fatal shooting, and defendants counsel contended.
 There was the additional fact, to dissuade him from planning fur ther attack on Mrs. Plungis, that the Stoknas, father and son, had come upon the scene (the first shooting) and would undoubtedly inform on him later if Mrs. Plungis disappeared" according to the de- fense arguments.
 Defense Lists Errors
 Referring to the ride to Bradley avenue. where the second shooting took place, the defense stated, The deceased resumed her vilification of the defendant and taunted him, as she had often done, about taking away his police badge. Enraged by her words, the defendant suddenly and in fit of anger and passion pulled the second gun from his belt and shot Stephanie Plungis dead"
 There was no evidence to show the Zukauskas owed Mrs. Plungis money on the day of the staying, that the accused had formed the intent to get his guns when he re- turned to his home after meeting Mrs. Plungis, or that he wished to continue his illicit relationship with her, the defense claimed, arguing that the court erred in all of those findings.
 The defense called the high courts attention to the fact that the trial judges made nine corrections in its original finding. Seven of the origial statements, which were la- ter corrected, were positively dam aging to zukauskas," it was pointed out. "These seven corrections show an unconscious willingness on the part of the court to resolve doubts against the accused" the defense