THE CLERK: Raise your right hand, please. You do solemnly swear the testimony you may give in the cause now pending before this court shall be the truth, the whole truth and nothing but the truth, so help you God?

THE CLERK: Thank you. Take the stand and be seated. Would you state and spell your name, please.

THE WITNESS: John Fokianos, F-o-k-i-a-n-o-s.

DIRECT EXAMINATION BY MR. KAY:

Q What is your occupation?

A News vendor.

Q Whereabouts is your stand located?

A Corner of Hillhurst and Franklin in the Los Feliz area.

Q How long have you had a news stand there?

A Since 1945, going on 26 years.

Q Did you know Leno and Rosemary LaBianca when they were alive?

A Yes, as customers.

Q How long had they been customers of yours?

A Oh, I would say at least two years and probably longer. I don't know exactly but at least that long.

Q Directing your attention to the early morning hours of Sunday, August the 10th, in between 1:00 and 2:00 o'clock in the morning. Did you have occasion to see Mr. and Mrs. LaBianca?

A Yes, I did. I would say it was probably closer to 2:00.

Q Where were they when you saw them?

A They were traveling in their car.

Q Were you at your news stand?

A Yes.

Q And did they stop and buy a paper from you?

A Yes, they did.

Q And did you have any conversation with them?

A Yes, we did.

Q Without telling us the exact conversation, what was the general subject matter of the conversation?

A It was about the Tate mishap.

Q The Tate murders?

A Yes.

Q Did you sell them any newspaper?

A Yes, I did.

Q What did you sell them?

A I sold them a daily Herald and I believe it was a Sunday Examiner. I gave them an insert from the Times because that had the Tate incident in it whereas the other didn't have it yet.

Q Did they ask for that or did you give it to them?

A Well, like I say we were talking about two or three minutes there in the morning and they had just come back from their trip over there at Lake lsabella and I just told them about it and this was something that was really new to them. They hadn't heard about it before. She was in extreme shock when she heard about it, you know. She just couldn't hardly believe it but he, of course, controlled himself a little bit better. It was something that was new to her and she took it quite badly. She was shaken up over it.

Q Did they appear, other than talking about the Tate murders, did they appear to be in general good spirits at the time you saw them?

A I would say so. They were a little bit tired because they had just come from a trip but I would say so.

MR. KAY: I have no further questions.

MR. BUBRICK: No questions.

THE COURT: Thank you, sir, you may be excused.