A: (from Mr Angelini) Martin, I think . . .
A: (from Mr Proctor) Is that what you're trying to hang on me here? Murder?
Q: Mr Angelini, if we could proceed with the questioning in an orderly manner . . .
A: I wasn't aware that this Q and A would concern itself with homicide.
Q: Now you are aware of it, sir.
A: I'm not sure my client should answer any further questions. I'd like to consult with him.
Q: Please do.
(Questioning resumed at 6:22 p.m. aforesaid date)
Q: Mr Proctor, I'd like to get back to those fingerprints we found in the Unger apartment.
A: I'll answer any questions about the alleged burglary, but I won't go near whatever you plan to ask about homicide.
Q: Is that what Mr Angelini advised you?
A: That is what he advised me.
Q: All right. Did you leave those fingerprints on the Unger window and sill?
A: I did not.
Q: Were you surprised in the Unger apartment by Mr and Mrs Unger at approximately one-thirty a.m. on the first of January?
A: I was home in bed at that time.
Q: For the record, I would like to say that we have a sworn statement from Mr and Mrs Unger to the effect that . . .
A: May I see that statement, please?
Q: Yes, Mr Angelini. I didn't plan to read it into the record, I merely . . .
A: I would like to see it.
Q: I wanted to explain the content so that your client . . .
A: Just let me see it, okay, Mr Carella?
Q: Okay, sure, Mr Angelini.
A: Thank you.
(Questioning resumed al 6:27 p.m. aforesaid date)
Q: Do I now have your permission to summarize the content of that statement for your client and for the tape?
A: (inaudible)
Q: Sir?
A: I said go ahead, go ahead.
Q: Thank you. Mr Proctor, the Ungers have made a statement to the effect that at one-thirty a.m. on the first of January, they entered their spare bedroom . . . what they use as a TV room . . . and surprised a young man going out the window onto the fire escape. They described him as having blond hair . . . excuse me, but what color is your hair?
A: Blond.
Q: And they said he was thin. Would you describe yourself as thin?
A: Wiry.
Q: Is that thin?
A: It's slender and muscular.
Q: But not thin.
A: He's answered the question, Mr Carella.
Q: They also said he had a mustache that was just growing in. Would it be fair to say that you have a new mustache?
A: It's pretty new, yes.
Q: And they said that the young man pointed a gun at them and threatened he would be back if they called the police. I show you this gun, Mr Proctor, a High Standard Sentinel Snub, .22-caliber Long Rifle revolver, and ask if it was in the pocket of your overcoat when you were arrested this afternoon.
A: It was.
Q: Is it your gun?
A: No. I don't know how it got in my pocket.
Q: Mr Proctor, when you were arrested tonight, were you wearing a camel hair coat containing a Ralph Lauren label?
A: I was.
Q: Is this the coat?
A: That's the coat.
Q: Where did you get this coat?
A: I bought it.
Q: Where?
A: At Ralph Lauren.
Q: Mr Angelini, we have a list of goods stolen from the Unger apartment on the morning of January first - I'm showing you the list right this minute before you ask for it - and one of the items on that list is a Ralph Lauren camel hair overcoat valued at eleven hundred dollars. I wish to inform your client that the Ungers in their statement said the man going out their window was wearing the camel hair coat described in the list of stolen goods. Mr Proctor, do you still claim you were not in the Unger apartment that night?
A: I was home in bed.
Q: Mr Proctor, the Ungers said that the man going out their bedroom window was also wearing a black leather jacket, black slacks and white sneakers. I show you this black leather jacket, these black slacks, and these white sneakers and ask you if these articles of clothing were found in your closet this afternoon at the time of your arrest.
A: They were.
Q: I also show you this emerald ring which was found in your apartment at the time of your arrest, and I refer you again to the list of goods stolen from the Unger apartment. An emerald ring and a Kenwood VCR are on that list. Mr Proctor, would you now like to tell me again that you were not, in fact, in the Unger apartment at the time and on the night in question, and that you did not, in fact . . .
A: I would like to talk to my lawyer, please.
Q: Please do, Mr Proctor.
(Questioning resumed at 6:45 p.m. aforesaid date)
A: In answer to your question, yes, I was in the Unger apartment that night.
Q: Thank you. Did you commit a burglary in that apartment on the night in question?
A: I was in the apartment. Whether that's burglary or whatever, it isn't for me to say.
Q: How did you enter the apartment?
A: I came down from the roof.
Q: How?
A: Down the fire escapes.
Q: And how did you get into the apartment?
A: By way of the fire escape.
Q: Outside the spare bedroom window?
A: Yes.
Q: Did you jimmy the window?
A: Yes.
Q: How did you leave the apartment?
A: The same way.
Q: The Unger apartment is on the sixth floor, isn't that so?
A: I don't know what floor it's on. I just came down from the roof and when I saw an apartment looked empty, I went in.
Q: And this happened to be the Unger apartment.
A: I didn't know whose apartment it was.
Q: Well, the apartment where you stole the Ralph Lauren coat and the Kenwood VCR and the . . .
A: Well . . .
Q: That apartment.
A: I guess.
Q: Which was the Unger apartment.
A: If you say so.
Q: Now when you went out of this sixth-floor window onto the fire escape, did you then go up to the roof or down to the street?
A: Down to the street.
Q: Down the ladders, floor by floor . ..
A: Yes.
Q: To the street.
A: Yes.
Q: Did you stop in any other apartment on your way down to the street?