The Waterbury Democrat., 1945-06-22

not suffering from any amnesia but was just conveniently pretending that he could not remember?" the prosecutor asked.
 The witness. admitted that every one has emotions and that everyone is supposed to control emotions. Asked if he believed that everyone who commits crime has allowed his emotions to get out of control, Dr. Carey replied, Sometimes emo- tionS don't enter into it.
 There also is an emotion of hat red which governs mans actions, is there not?" Fitzgerald asked. The psychiatrist replied in the affirma- tive.
 He admitted there must have been some degree of consciousness in Coscia since he gave himself up at police headquarters.
 On redirect eXamina ton by Mas colo, the witness stated amnesia generally operates after the climax. and after the terrific emotional strain passes and the conflict is over"
 Dr. Arthur Jackson of Washing ton, who practices psychiatry in this city, was called as the final defense witnesss. He told Mascolo he was in the courtroom for four days, while Coscia testified, and he said he heard Dr. Carey's testimony.
 Mascolo asked, State whether or not you agree with Dr. Carey,' and the witness replied, Tn substance I do' There was no further direct questioning.
 On cross examination by Fitz- gerald, Dr. Jackson stated he had not made psychiatric examination of Coscia, and stated he did not hear all of the testimony of the ac- cused.
 Dr. Jackson Agrees Dr. Jackson agreed that Coscia was performing an aggressive act when he obtained his gun and went downstairs.
 Fitzgerald referred to the proba- bility on one hand that Coscia had suffered from amnesia and on the other hand that he was lying when he said he could not recall what happened after the staying. The witness agreed that the theory of amneSia has no bearing if the ac- cused was lying
 Rebuttal witnesses called by the state were: Officer Edward Dunn, Lieutenant Ernest Pakul, Officer Vito Mole, Sergeant Joseph McCar- thy, and Lieutenant William Foley Dunn, Mole and Mccarthy had pre- viously testified for the state.
 Foley testified about a statement Mrs. Coscia made to him at police headquarters following the staying. He quoted her as saying that when she grabbed her husband while he held the gun he stated I'll settle this myself in my own way"
 Did she say Cyr chased her husband upstairs and that Coscia chased him downstairs" the prose- cutor asked No" Foley replied.
 Mascolo had objected to intro duction of the statement made by Mrs. Coscia to Foley, but Fitz- gerald pointed out the purpose of that testimony was to contradict statements Mrs. Coscia had made from the witness stand.
 Foley testified that Chief Inspec- tor Joseph Bendler was not at police headquarters at a. m. on the day Of the staying, as claimed by the defense, and testified he was in charge of the detective bureau at that particular time.
 The other officers testified they saw no marks on Coscia's temple or throat when he was at police head quarters. On cross-examination by Mascolo they were asked if Off, cers Chatfield and Lavallo, who had testified there were marks, were officers in good standing.
 A picture of Coscia, taken by Lieutenant Pakul, was presented to the officers, and Pakul later testi- fled he tok it on September 29.