The Waterbury Democrat., 1945-06-22
Rebuttal Witnesses
 To Top Coscia Trial
(Continued from Page 1.)

SOA1tulQCQ of mind, as described by Mascolo, could not have formulated "delib- crate, specific and premeditated killing"
 Fitzgerald on cross-examination raised hypothetical question as to what the psychiatrist's opinion would be on persons intent to kill if that person stood in front of 8 door, put gun through crack, aimed the gun, while it rested against his right shoulder, and fired
 The prosecutor moved to the cen- ter of the courtroom, and stood against the Cyr kitchen door, which was exhibited. He placed his left shoulder against the far left side, standing sideways, held the Coscia gun against his right shoulder, and illustrated how the aim might have been made.
 Mascolo objected vehemently, stating there was nothing in the testimony to show that the accused stood at the door in the position as stunned by Fitzgerald.
 The prosecutor replied that al- though no witnesses had testified on the specific position there was abundant evidence to show that Coscia was in that position when the fatal shot was fired.
 Judge Cornell pointed out the question was a hypothetical one, as were Mascolo's questions to the psychiatrist.
 The prosecutor then formulated his question again. If you are ask ed to assume that in order to shoot as the state alleges here, it is nec- essary to aim the gun and fire it., would that make any difference in your opinion Gas to forming of an intent to kill?")
 Dr. Carey replied, "Very ittle".
 Amnesia Described
 In direct testimony, Dr. Carey described the various types of am- nesia, and stated there is one kind which follows severe emotional crisis.
 Pointing to Coscia's claim that he did not get back his memory after the shooting until several days after he was moved to New Haven county jail, Mascolo asked, 'Is it probable for amnesia to last that length of. time?"
 The psychiatrist replied that the amnesia he has been accustomed to view has lasted no longer than seven to 10 days. He added that it was easy to see how under circum- stances described by the lawyer it would last longer in the case at hand.
 Asked by Mascolo if the loss of memory, claimed by Coscia, might be connected with fright, the wit ness stated he could not say which one instance caused the amnesia He said it might be one of the events that occurred from the time Coscia's throat was allegedly grabbed to the time the gun was discharged, or it might be an ac- emulation of all of them
 He stated that Coscia, as described by the lawyer, was motivated by instinct and that he was not in condition of mind to formulate a deliberate intent to kill.
 Asked by the defense if Mrs. Car mella CoScia, wife of the accused, could have suffered loss of mem ory after the staying, the witness stated he did not have enough ln- formation about her to be able to answer the question. Its within the realm of possibility but whether it's reasonably probable I'm not pre- pared to state" he commented,
 On Ss-examination, Dr. Carey agreed that without knowing more about Coscia he could not say with any degree of probability what the intensity of Coscia's emotions was, as the result of his particular ex- periences.
 The states attorney asked him if he would say that Coscia was or vas not in the performance of an aggressive act when he went up- stairs and came down with gun. The witness replied he would say Coscia was in the performance of an aggressive act.
 Referring to Coscias claim that the went downstairs for the purpose oi reasoning with Cyr, Fitzgerald described Coscias actions at the kitchen door. Assuming that this defendant were telling the truth, I ask you to state whether or not such conduct would be reasonable conduct" the prosecutor asked
 Not necessarily" Dr. Carey re- rlied.
 Fitzgerald queried the psychiatrist about the possibility that Coscia may not have been suffering from amnesia but that he had been mere ly pretending loss of memory.
 Pretense Possible
 The witness testified that man who is under terrific emotion may rot recall accurately what he had said. In reply to further questions by the states attorney. he admitted that 1t is possible for lack of recollection to be pretense. Dc you recognize a possibility that he was