The Waterbury Democrat., 1945-01-31
Bender Quotes
 "Fran" Zukauskas
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logical pressure" when the state- ments were made.
 Resuming his arguments follow ing a brief recess at 11:30, Attor- ney Gager charged. that there had been "a fragrant disregard of the statutes of the General Assembly" in detaining hukauskaS at police headquarters under an unsigned warrant
 He declared that the question of whether or not statement can be considered voluntary does not mean whether or not the man is beaten with rubber hose or hung by the thumbs-he declared that coercion can be had by psychological pres sure"
 The mere fact of a man being confined might make him make statements he otherwise would not make, Gager declared, claiming that because of Zukauskas' illegal detention" the statements had been obtained under illegal pressure" and were therefore inadmiSsable, both under the state and federal constitutions. He charged that the burden of proof was on the state to show that pressure had not been used in obtaining the statement.
 Replying to question by Judge McEvoy if he would produce such evidence, Prosecutor Fitzgerald re- piled that the statement about to be read was in the nature of a foundation, and was not con- feSSion
 After a lengthy conference, the judges overruled Atty. Gager's ob- jection, and Coroner Homick con- menced reading the transcript of the statements Zukauskas made to him under questioning Friday aft- ernoon, Nov. l, the day before the confession was obtained.
 In the statement, Zukauskas told of meeting Stephie on the evening of Nov, l. She was waiting for him, parked in her husbands car, at the corner of Poplar and Green streets, as he was on his way to work.
 She asked him to get in, she said, but he refused, at first, saying, You and l are through. I told you that when I went on the police job. That meant more to me than anything"
 After he got in, he said, she be- gan swearing at him, telling him that he had been talking about her, and she spit in his face. He said he sort of made a play to punch her, but didn't"
 He said that he had had a few drinks, maybe one too many" earlier in the evening. After the argument, he said, he decided not to go to work, and she drove him to his house, swearing at him on the way. When she stopped the car, he said, he struck her, scratch ing her neck.
 Court recessed with the coroner stlll on the stand.
 Gager Unsuccessful
 At yesterday afternoons session unsuccessful efforts were made bv Defense Counsel Gager to keen out testimony on statements zukaus- kas made to Inspector Bendler shortly after the accused was talk en into custody on the afternoon of November 2.
 In his objections to questions of the prosecutor, Attorney Gager de- clared zukauskas was illegally held on the afternoon the statements were made, and claimed that Zu- kauskas said while he was not in proper custody" was not admissible in testimony
 The defense claimed admission of the statements as evidence would be in violation of the 14th amend ment of the constitution, and sec- ton nine of the state constitution.
 The Jurists took one hour re- cess when the legal issue was raised, and shortly after they emerged Judge McEvoy declared the objec- tion overruled and admitted the disputed question.
 Inspector Bender was then asked again by the states attorney to state what he said to the defendant ana what ZukauSkas said to him during the hour of questioning af- ter he was taken to the police sta- tion.
 The city's detective chief said he asked Zukauskas about his activities the night before and was told the defendant was in a tavern in the Brooklyn section on Congress ave- nue in the afternoon, went home about 6:30 and then went to beG until about 10 o'clock when his wife woke him and he dressed for work.
 Recognizes Car
 He said he walked down to a point on Poplar street, on his way to work, when he recognized the PlungiS car which was parked on Poplar street at the junction of Green street" the detective con- tinued.
 Stephanie Plungs called to him and after he got into the car an argument started, Inspector Bend Ter testified he was told. She spit at me-" the detective quoted the accused as saying. Then they drove to the Zukauskas home, it was related, and the accused went in- side.
 T asked him what he went up- stairs for, but he didn't answer me" the detective stated.
 Another argument developed when he got back and then Zu- kauskas punched her, the accused had told the investigator,
 T asked him if she was bleeding and he said she had a scratch on the right side of her neck" the witness testified. He added Zu- kauskas claimed the scratch was paI1cad oithar hV hiS finuarpail