THE D.ti.ILIFF: HENRY A. KASMER, a member of the pr ospective jury panel, having been THEREUPON~ THE COURT: THE COlJRT:

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1 ' : ; ' 2. THE D.ti.ILIFF: seat yourself fn the witness box. Mr. K::l.smer, please THEREUPON~ HENRY. KSMER, a member of the pr ospective jury panel, having been previousl y swm n, 'l'jas examined and testified on voir di re, as follows : Good morning, Mr. Y..a.smer MR K.S~IBR: THE COlJRT: Good morning. Mr. Kasmer, the lawyers are going t o put some questions to you, and 't'lill you keep your voice up, sir, so tha t each o f us in the room can hear you? MH KS~IER: Yes, sir. higher t han that. Keep it a little MR KS.!: R : I will try. Thank you, sir. Mr. F'.asoer, you in responding to the questions that t he l&'l'jyt::rs will put to you, you will remet:lber, sir, that you ere under oa th. NiR KS lielt:: Counselor Spella cy -or Couns elor :::o:cr1"[:.z>.n? r

2 :.. ~... ;; : ;....:. ; ' z,rn sp:rr,u~cy:!:f it pl ase the Court. VOIR DIRE EX.!UNPTION OF HENRY. KS? IBR By Mr. Spellacy : For the record,, sir, will you kindly tell us.: your name? Henry Kasmer. Will you spell your last name? K-a-s-m-e-r. Where do you live, sir? Delli.cod Drive, Walton Hills. How long have you lived at that address? bout eight years.. Prior to that, Jhere did you live? llast and!d.les. nd ho~ z long did you l.i ve there? Oh, about t wo yea.rs. Two.years? Yes.:i sir. Prior to that, ;, ihere did you live? I don't knm i the address, but it is on Nelson venue. That would be just above 102nd Street. Belo~~ 116th Street. In the ~.~t"j of Cleveland? ~ :...:\.: Yes, sh-.

3 . pproximately how _ong did you live there? Oh, about fcur or five years. What type of 1:1ork -o you do, s ir? I am a machine operator. l'f.ne:re are you emplcysd? T R W. That i s Thompson Ramo Woolr i dge? Yes., sir. How long have yuu been employed by them? bout e ighteen years.. I May I ask what you di d prior to Thompson Ramo. Wcolridf8? Well, I '\'ient to school. t one time I WCl 4 ke a a t the Statler Hotel.. You say you 1ent to school? I went to high sc ool and a couple Of years Of Collegr. m1ere did you go t o high s c hool? I wai out of t~m. Detroit.. Detroit? Yes. Outs id ~ of Detroit, Michigan. Orchard Lake. Orchard Lake? Right. When i iould that ha,je been? Oh., I left there i n You indicated you had t wo years of college?

4 l. - " nd where! ')'13 th~.:c? I had or:.e yeai over at St. Mary's in Orchard Lake, and one year at Joru. C.'.1rroll University.. Here in Cleveland? Yes, si:r, here in Cleveland, when they were on t he west side. Pardon me? When they 't Je!'e on the west side. The old St. I gnatiu~. The St. Ig.~atius College at 32nd and Carroll, or 3ot1 and Carroll?. When i~ould tho.t have been? That was in '32, re you m~rried, sir? nd do you have a.family? Mo, no child1 en.. Is your ' 1ife employed outside the home? No, sir. Had she been e~ployed outcide the heme recently? Not in the las c five years., What type of 1:mrk did she do? ssembly uorl<..... l~ow, have you had prior jury service? No, Si!".. I

5 ..;. ' '. ; This is your first experience? 0 Yesterday \'lhen you were brought into the courtroom, Judge Talty told you tbe case you 't'lere brought in here for; do you remember that? Yes. Do you recall reading anything about this case at any. time? I have., nd when \ms that? Well, I rememoer it from 'l:jay back, at :first, the original case, and then ever since in the last :f'ew months when it was being published. Uould this heve been in the newspapers that you read something? Yes. Did you read anything other than in the newspapers? No. Just the newspapers? Yes. Did you read any books or magazines with regard to this case? No, sir. s a result cf having read the ne'l:rnpapers with regari!l to this case, did you form or express an opinion? : / '

6 ~ --.::.... i 584 ~. You did? 1fhen was it tha t you formed or expressed this opinion ~ Uell Just I have been un <l ~x the impression from the l ast one. Do you still l..ve that opinion tcday? I have, yes. yes or no? Is this a fixed opinion, sir, and you can ansi er that Well, I will say yes. Would this opinion that you h3.vc prevent you i'rom being fair to t his def endant as well as to the people o:f Ohio if' you we1 e selected as a. juror? I think it would. your Hono:r. :r-rn. S?~ J.T.l\CY: 'Hill C O'URT: Challenge for cause, Counselors? (Thereupon Court.and counsel conferred at the Court's be ch out of the hear ing of the jury panel, as follows:) Counselor Bailey?. ~,rn. BILEY: I move that the prospective ju:ror be asked '\?hat his opinion is, I I

7 .. l., I,,; out of the presence oi' the present jury. TEE COU3T: Over:i:"uled. pr~sept MR E. TI;p,y: I move that the jury, so much or it es is seated in the courtroot\p " iithin earsr.ot o:f the last exrunino.tion, be C:Jccueed f'or co.uae. (Thereupon pxocec: ings 'l Jere resumed \ J1th1n the hearing of the jury pe..nel:i as follows:) THE COUP.T: Let the record show that the State : s challenge for cause as to Mr. Ka.smer is he: eby granted. Hr. Kasme1, the Cou:i.~t and each of' us participating in this proceeding wishes to express our g~atitud e to you for your willingness to serve in this case, if selected as a pros - pectiv e juror, and for the tit1e that you have spent here in this building. The Court, ho ~Jc v<::r, has t he further duty of' admonishing you and so instructs you no-::1 that you shall net discuss this case, or t!he.t little you know of it:i or express any opinion with respect to its merits \ Jith anyone, even with a ne~ber of your family. u~c~rstand that, sir?

8 :r Yes. 586 TH3 COURT : You shall abstain and ref r ain fro n ex9ressing a n opinion until. such t ime a s you lea1 n f'or a certainty that a jury has returned its verdi ct in this case in open court. Will you f ollow those instructions, sir? MR KS ~ IBR : THE CO'URT : I will. Thank you very much, Mr. Kas:iler. Thank you. Can I leave no"i? THE COU:::T: Yes, sir, you a r e excused. ~.1r.. Patrick t'1ill escol"t you from the room. ' I I

Q. That's all from the OC spray, right? MR. SCOTT: Okay. Pass the. THE COURT: State? MR. SCOTT: Yes, Your Honor. State, call your next.

Q. That's all from the OC spray, right? A. That's correct. MR. SCOTT: Okay. Pass the witness, Your Honor. THE COURT: State? MR. GILLIAM: Nothing further, Your Honor. THE COURT: May he be excused? MR. SCOTT: