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EXCERPTS FROM THE TRIAL TRANSCRIPT OF PEOPLE V. MOSELEY
June 8, 1964





Irene Frost, residing at 82-67 Austin Street, Kew Gardens, having been called as a witness by the People, was duly sworn and testified as follows:

[Ed.'s Note: The witness lived in the Mowbray Apartment House.]

Direct examination by Mr. Cacciatore:
Q. Miss Frost, on the early morning of March 13th of 1964, were you at home?
A. Yes.
Q. And what apartment did you occupy at that time?
A. 204.
Q. 204?
A. Yes, sir.
Q. At that address?
A. Yes.
Q. Now, sometime on the early morning, did you hear something?
A. I heard a shriek. I got out of bed, went to the window and I saw a man and a woman standing across the street. They were standing across the street.
Mr. Cacciatore: Louder so I can hear you.
The Court: You saw a man and a woman standing across the street?
The Witness: By the book store. I looked at them for a minute. Nothing happened, so I got back to bed. I happened to look at the clock at the time. It was 3:20.
Q. 3:20?
A. 3:20.
Q. Can you describe the man that you saw, Miss Frost?
A. At that time, he looked just a bit taller than the girl, but they were standing close together, not fighting or anything. I got back in bed and I heard another scream. I got back and went to the window and as I got there, she was kneeling down on the sidewalk and he was running up the street.
Q. When you say "running up the street", is that towards the bus stop?
A. Towards the bus stop.
Q. Towards the parking lot?
A. The second time she screamed, "Please help me, God. Please help me. I have been stabbed,"and he ran up the street. I was looking out one window. I have two windows in my bedroom and he ran up the street. I went to the other one, so I could look up Austin Street. Then I went back to the other window, the front window, and she was on her knees. She got up. Then it looked like she was reaching for her purse. She bent down again and picked something up. I don't know what it was; walked down to the drug store, walked along into the back of that building.
Q. By the way ---
The Court: That is when you lost sight of her?
The Witness: Yes, when she went to the back of the building.
Q. I show you this photograph [Ed.'s Note: this is my recreation], Miss Frost, and I ask you whether this fairly represents the area as you saw it and as you saw the woman on that early morning - wait a minute. This is not it - of March 13th of 1964?
A. It was in front of this store.
Q. First, let me ask you this question ---
The Court: Is that a correct representation of the physical layout?
The Witness: That's right.
The Court: And the book store, shown in that photograph [Ed.'s Note: this is my recreation - today the book store is the Fairchild Decorating Shop], is that the book store you refer to in front of which you say they were standing?
The Witness: Yes.
The Court: In front of which you say she was kneeling?
The Witness: She was kneeling in this area here, nearer the liquor store, this corner of the ---.
Mr. Cacciatore: May we first show it to counsel? I'd like to offer it in evidence.
Mr. Sparrow: May I show it to co-counsel, too?
The Court: Yes.
  (Mr. Sparrow showed picture to co-counsel.)
The Court: Any objection?
Mr. Sparrow: No objection.
The Court: Mark it, People's 2.
  [Picture was marked People's Exhibit 2 in evidence.]
Q. Miss Frost, I show you this photograph [Ed.'s Note: this is my recreation] and ask you whether this photograph fairly represents the physical layout as of the early morning of March 13th of 1964, showing the card store that you indicated on People's 2 and the corner drug store?
The Court: The card store did you say?.
Mr. Cacciatore: The card store.
A. I thought you were calling it a book store.
Mr. Cacciatore: Well, it's a card store and a bookstore.
A. Yes, sir, this is the corner she went around. I saw her when she disappeared back there.
Mr. Cacciatore: May we mark this as People's 3?
The Court: Show it to counsel.
  (Defense counsel looked at picture.)
Mr. Sparrow: We have no objection to the offer. We would appreciate it, though, if the District Attorney might have it marked as to the direction at which the camera was fixed.
The Court: You will have your chance to ask. Mark it as People's 3 in evidence.
  (Picture was received and marked People's Exhibit 3 in evidence.)
Q. Now Miss Frost, you say that you saw the girl go along the side of the parking lot after turning the corner of the drugstore, is that right?
A. Yes, sir.
Q. And you saw her walking along there?
A. Yes, sir.
Q. Is that so? And that's indicated?
A. This way.
Q. On People's 3, right?
A. Yes.
Q. Now I show you this photograph [Ed.'s Note: this is my recreation], Miss Frost, and I ask you, are you familiar with that areas as of the early morning of March the 13th, 1964, which is the far corner shown on People's Exhibit 3?
A. It's the back of the building.
Q. Back of the building?
A. Yes, sir.
Q. Right?
A. Yes, sir.
Q. Now could you see the girl up to this point before she turned the corner?
A. Yes, sir.
The Court: That would be the corner ---
Q. Where the coffee shop is?
A. That's right. She disappeared around this corner and then I didn't see her anymore.
Q. All right.
The Court: You say she disappeared around this corner. That would be the corner where the Interlude Coffee House awning is shown. [Ed.'s Note: today the Interlude Coffee Shop is the Bliss cafe.] At that point, you couldn't see her anymore, right?
A. No, sir.
Mr. Cacciatore: I offer that as People's 4, if Your Honor pleases.
Mr. Sparrow: No objection.
The Court: Mark it People's 4.
  (The exhibit was marked by the Reporter as People's Exhibit 4 In Evidence.)
The Court: Come on, let's go.
Q. Miss Frost, I show you this photograph [Ed.'s Note: this is my recreation] and I ask you, does it fairly represent the corner of Austin and Lefferts which shows the side of Austin Street, of the card store immediately in front of your apartment? Does it?
A. Yes, sir.
Mr. Cacciatore: I offer this as People's 5.
Mr. Sparrow: No objection.
The Court: Mark it People's 5.
  (The exhibit was marked by the reporter as People's Exhibit 5 In Evidence.)
Q. Now did you see the man after he ran from the location that you indicated in front of the card store? Did you see him after that?
A. Only going up Austin Street beyond Virginian. On that same street as the Virginian Apartment, which is the railroad side of Austin.
Q. Did you see him walking or riding or what?
A. Running.
Q. Running. And you didn't see him after that?
A. No, sir.
Q. Thank you.
Mr. Cacciatore: You may inquire.
Mr. Sparrow: No questions.
The Court: Step down.
Mr. Cacciatore: Mr. Koshkin, please.