| |
THEREUPON:
JOHN PAUL DENSMORE
was called as a witness on behalf of the defendant, and being first duly
sworn, was examined and testified on his oath as follows:
DIRECT EXAMINATION
BY MR FINK
| Q: |
Will you state your full
name, please? |
| John: |
John Paul Densmore. |
| |
|
| Q: |
Mr, Densmore, you are a member
of the group known as the Doors? |
| John: |
Yes. |
| |
|
| Q: |
How long has that group been
working together? |
| John: |
About four years. |
| |
|
| Q: |
Professionally, when did
you start? |
| John: |
About three years ago. |
| |
|
| Q: |
What instrument do you play?
|
| John: |
I play drums. |
| |
|
| Q: |
Rhythm for the group? |
| John: |
Right. |
| |
|
| Q: |
You performed with the Doors
on March lst, 1969 at Dinner Key Auditorium? |
| John: |
Yes. |
| |
|
| Q: |
Did you arrive at Dinner
Key prior to the start of the program by the Doors that night? |
| John: |
Yes. |
| |
|
| Q: |
Were you on the balcony before
the show started in the dressing room? |
| John: |
Yes. |
| |
|
| Q: |
While you were there and
before the show started, did you see any police officers? |
| John: |
Yes. |
| |
|
| Q: |
Did any of them come to the
dressing room? |
| John: |
I think a couple were in and out of the
dressing room. |
| |
|
| Q: |
Do you recall before you
went on stage looking down at the crowd in this huge auditorium? |
| John: |
Yes. |
| |
|
| Q: |
Can you describe what you
saw? |
| John: |
Well, it was filled to the brim, stuffed.
I think that the person who promoted the concert ... |
| |
|
| The court: |
Just answer the question.
|
| |
|
| Q: |
In any event, did this audience
appear to be quiet and seated or were they on the floor, sitting and standing
and moving about? |
| John: |
They were on the floor. They were quite
restless because it was hot and crowded. |
| |
|
| Q: |
In any event you and the
Doors went on stage, is that right? |
| John: |
Yes. |
| |
|
| Q: |
About how long did the Doors'
part of the program take? |
| John: |
About an hour and fifteen minutes. |
| |
|
| Q: |
That is your approximation?
|
| John: |
Yes. |
| |
|
| Q: |
While you were on stage that
night was Mr. Morrison, the defendant here, also on stage? |
| John: |
Yes. |
| |
|
| Q: |
Did you observe him while
he was on stage? |
| John: |
Yes. |
| |
|
| Q: |
By the way, in playing the
drums and the rhythm course for the group, do you follow Mr. Morrison's
activities on stage? |
| John: |
Yes, I watch him most of the time. |
| |
|
| Q: |
While you were observing
Mr. Morrison did he at any time drop his trousers? |
| John: |
No. |
| |
|
| Q: |
Did he at any time open his
fly? |
| John: |
No. |
| |
|
| Q: |
Did he at any time expose
his penis? |
| John: |
No. (objection.) |
| |
|
| Q: |
Did he at any time while
you were observing him expose his penis? |
| John: |
No. |
| |
|
| Q: |
Did he at any time while
you were observing him drop his trousers or pants below his knees? |
| John: |
No. |
| |
|
| Q: |
Did he at any time while
you were observing him drop his pants or trousers to a point just above his
knees? |
| John: |
No. |
| |
|
| Q: |
Did he at any time while
you were observing him, while you were right on stage, drop his pants or
trousers to a point below his crotch? |
| John: |
No. (objection, overruled.) |
| |
|
| Q: |
Did he at any time expose
any part of his male organs? |
| John: |
No. (objection, sustained.) |
| |
|
| Q: |
Did he at any time while
you were observing him, while under your observation, expose any part of
his male organs? |
| John: |
No. |
| |
|
| Q: |
Did he expose any pubic hair?
|
| John: |
No. |
| |
|
| Q: |
Did Robby Krieger, the guitar
player, come around in front of Mr. Morrison on that stage while you were
observing him and pretend copulation, oral copulation? |
| John: |
No. (objection, sustained.) |
| |
|
| Q: |
Did Robby Krieger, the guitar
player, did he at any time come around and kneel in front of Mr. Morrison
on his knees facing Mr. Morrison's crotch area? |
| John: |
No. (objection, overruled.) |
| |
|
| Q: |
Did you hear the question?
|
| John: |
Yes, and the answer is no. |
| |
|
| Q: |
Did Mr. Morrison at any time
while the Doors were on stage and while he was on stage within your observation,
did he at any time masturbate? |
| John: |
No. |
| |
|
| Q: |
Did he do any act pretending
masturbation that you observed? |
| John: | No. |
| |
|
| Q: |
Do you recall a time in the
program when Robby Krieger, guitar player, took a solo, a period when he
played his guitar solo? |
| John: |
Yes, several. |
| |
|
| Q: |
Is that something that is
generally done in your programs? |
| John: |
Yes. (objection, sustained.) (answer stricken.)
|
| |
|
| Q: |
In any event, on this night
in this particular program within your observation, both with your eyes and
your ears at Dinner Key Auditorium, did you see Robby Krieger take his solo
part on the guitar? |
| John: |
Yes. |
| |
|
| Q: |
While Robby Krieger was taking
the solo part on his guitar what, if anything, did Mr. Morrison do? |
| John: |
Well, usually when Robby solos ... (objection,
sustained.) |
| |
|
| Q: |
The question is not what
he usually does. It is what did he do this night, not whether he has done
it a thousand times before. |
| John: |
He moved over to Robby to bring attention
to Robby because Robby was taking a guitar solo. The spotlight is on Jim
and as he moves over, the spotlight follows him. (objection, overruled.)
|
| |
|
| Q: |
On this particular night,
regardless of how many other times he may or may not have done it, on this
particular night did Jim come over where Robby was doing his guitar solo
and kneel down in front of him? |
| John: |
Yes. (objection, sustained.) |
| |
|
| Q: |
On this particular night,
March 1, 1969, whatever the night may have been when you appeared in Dinner
Key Auditorium in Miami with the Doors and while you were on stage and while
you were observing Mr. Morrison with your eyes and ears, and while Robby
Krieger was doing a guitar solo, did Jim Morrison come down on his knees
directly in front of him and in front of his guitar? |
| John: |
Not directly in front of him, on the side,
just comes over to stand on the side of him. |
| |
|
| Q: |
I show you here the last
page of five photos which were marked Exhibit No.3 in this case and ask you
if you recognize Robby Krieger and Jim? |
| John: |
Yes, I do. |
| |
|
| Q: |
Do you recall seeing that
particular situation on the night of March 1 of 1969 at Dinner Key? |
| John: |
Yes, I recall. |
| |
|
| Q: |
Will you describe exactly
what happened at that time? |
| John: |
Well, Jim came over to Robby because Robby
was going to take a solo and he, you know, encourages him to play a good
solo, shouts out, whatever, you know ... (objection, overruled.) |
| John: |
... that is what he did. |
| |
|
| Q: |
Did Jim at any time while
Robby was playing his solo or while he was on his knees or any time during
that whole night pretend oral copulation with anybody? |
| John: |
No. (objection, sustained.) |
| |
|
| Q: |
Did Jim do any act that was
unusual while he was on his knees near the guitar player? |
| John: |
No, he usually ... |
| |
|
| The court: |
You have answered the question.
|
| |
|
| Q: |
By the way, at this particular
time when this particular scene was on that stage, was Jim's back to the
audience? |
| John: |
No, he was sort of on the side. |
| |
|
| Q: |
At that particular time did
you have a clear view of Jim and Robby? |
| John: |
Yes, I think so. |
| |
|
| Q: |
Did you have a clear view
of the guitar? |
| John: |
Yes. |
| |
|
| Q: |
Did you see all three of
them, Jim, the guitar and Robby? |
| John: |
Yes. |
| |
|
| Q: |
I show you here five photos
in this Exhibit No.3. Will you take a look at the last one? ... You looked
at the last one. Will you look at all of them now? ... Are those scenes as
you see them on the picture approximately correct in your memory? |
| John: |
Yes. |
| |
|
| Q: |
I show you here Jim with
two pictures, one being Exhibit F and one Exhibit H, with Jim wearing a hat.
Do you recall seeing approximately that view that night? |
| John: |
Yes. |
| |
|
| Q: |
Do you recall seeing Jim
with a policeman's hat on his head? |
| John: |
Well, I just saw it in the picture. I don't
know whether I remember which hat he had on at the concert. ... It was in
that last group you showed me. |
| |
|
| Q: |
I show you here a picture,
I believe of Mr. Morrison, his head tilted back and a policeman's hat on
his head. Do you remember that? |
| John: |
Yes. |
| |
|
| Q: |
Can you tell us what happened
to the policeman's hat as well as to the funny looking hat Jim was wearing
in the other pictures? |
| John: |
Well, there was a policeman standing on
the side of the stage and as I recall, Jim ... |
| |
|
| The court: |
The question was what happened
to the hat, son. |
| John: |
Jim went over to the policeman and took
the hat off his head and threw it in the audience. Then the policeman took
Jim's hat off, and threw his in the audience. Then I think the policeman's
hat was tossed back up on the stage and Jim put it on. |
| |
|
| Q: |
Was there a policeman's hat
lost that night? |
| John: |
Yes. |
| |
|
| Q: |
When this happened, was it
done in a spirit of good humor or were they fighting about it? (objection,
overruled.) |
| John: |
It was done in good humor. |
| |
|
| Q: |
As the Doors performed did
the audience tend to move down toward the stage? |
| John: |
Yes. |
| |
|
| Q: |
Did there come a time when
they started to come up on the stage? |
| John: |
Yes. |
| |
|
| Q: |
Did there come a time when
the stage became particularly crowded with people climbing up on it? |
| John: |
Yes. |
| |
|
| Q: |
What did you and the rest
of your group do at that time? |
| John: |
Well, we kept playing. |
| |
|
| Q: |
Did you leave the stage?
|
| John: |
Eventually. |
| |
|
| Q: |
About how long did you play
after people started coming up ? |
| John: |
15 minutes. |
| |
|
| Q: |
Then as the crowd became
more intense on the stage did you quit playing? |
| John: |
Yes. |
| |
|
| Q: |
Did you leave the stage?
|
| John: |
Yes. |
| |
|
| Q: |
Did you have any assistance
of any police officers in leaving the stage? |
| John: |
Yes, they cleared the way. |
| |
|
| Q: |
Then where did you go from
the stage? |
| John: |
Up into the balcony, back in the dressing
room. |
| |
|
| Q: |
Approximately how long did
you remain in the dressing room? |
| John: |
Quite awhile, an hour and a half, two hours,
maybe. |
| |
|
| Q: |
During all that time was
Mr. Morrison there with you? |
| John: |
Yes. |
| |
|
| Q: |
All four of the members of
the Doors were present? |
| John: |
Yes. |
| |
|
| Q: |
During the time were there
any other people there? |
| John: |
Well, there was a few policemen and people
coming in for autographs and stuff like that. |
| |
|
| Q: |
This policeman with the hat
deal, did he come in? |
| John: |
It seems that the Captain of the Police
that was there came in and we paid him for the hat. |
| |
|
| Q: |
Was there a handshake at
that time? |
| John: |
Yes, it was all in, you know, good spirits.
There wasn't any hostility. |
| |
|
| Q: |
There was no hostility? |
| John: |
No. |
CROSS EXAMINATION
MR. McWILLIAMS:
| Q: |
Now, your position on the
stage relative to that of Morrison, isn't it a fact that you were behind
Morrison? |
| John: |
Yes. |
| |
|
| Q: |
You were not at the same
level he was on the stage? |
| John: |
I am always up higher. |
| |
|
| Q: |
Most of the time you were
observing the back of Morrison, isn't that a fact? |
| John: |
He moved around all over the place. |
| |
|
| Q: |
When he is facing the audience
you are looking at his back, isn't that a fact? |
| John: |
Yes, when he is facing the audience, yes.
|
| |
|
| Q: |
When the surge came, when
the crowd began coming up on stage, how many people did you see on stage?
|
| John: |
Oh, approximately seven or eight people,
maybe. |
| |
|
| Q: |
Isn't it a fact that there
were people to the right of Morrison? |
| John: |
To the right? |
| |
|
| Q: |
To the right, to the left,
people all around where Morrison was standing on the stage? |
| John: |
About seven people all locked arms. |
| |
|
| Q: |
Isn't it a fact people were
surging, forward trying to get up on top of the stage? |
| John: |
A few, yes. |
| |
|
| Q: |
Were you worried about your
equipment at all? |
| John: |
Yes. |
| |
|
| Q: |
Were you doing anything to
try to protect your equipment at that particular time? |
| John: |
Well, I was playing drums and our equipment
people were trying to keep everything stable. |
| |
|
| Q: |
There was a lot of confusion
on the stage at that time, wasn't there? |
| John: |
Yes. |
| |
|
| Q: |
Who left the stage first,
you or Morrison? |
| John: |
I did. |
| |
|
| Q: |
You left first? |
| John: |
Yes. |
| |
|
| Q: |
So there was a time when
Morrison was on the stage when you weren't on the stage, isn't that a fact?
|
| John: |
Yes. |
| |
|
| Q: |
How long, or do you know?
|
| John: |
Well, as I left I went up to the balcony
and stood there about five minutes watching. |
| |
|
| Q: |
So there was a time, there
was five minutes from the time you left the stage until Morrison left? |
| John: |
That is true but I was watching the whole
time. |
| |
|
| Q: |
Did you leave by way of the
front? |
| John: |
No, to the left, stairs on the left of
the stage. |
| |
|
| Q: |
Isn't it a fact that there
were people surging forward toward the stage at all sides of the stage? |
| John: |
Yes. |
| |
|
| Q: |
You had to fight your way
through that crowd, isn't that a fact? |
| John: |
I sort of jumped over a lot of people and
I walked up the stairs to the balcony. |
| |
|
| Q: |
You weren't walking backwards,
were you, during those five minutes? |
| John: |
I wasn't walking for five minutes. |
| |
|
| Q: |
It took you five minutes
to get from the stage to the balcony? |
| John: |
I didn't say that. It took me 30 seconds.
Then I stayed up there about five minutes watching. |
| |
|
| Q: |
Did you walk backward while
you went up the stairs? |
| John: |
No, I didn't. |
| |
|
| Q: |
How long have you been with
Morrison? |
| John: |
With the group, since the beginning. |
| |
|
| Q: |
About four years? |
| John: |
Right. |
| |
|
| Q: |
Do you have your own home
in Beverly Hills, also? |
| John: |
I live in Hollywood. |
| |
|
| Q: |
Hollywood, California. Do
you have your own home? |
| John: |
Yes. |
| |
|
| Q: |
How many thousands of dollars
a year do you stand to lose if Morrison is convicted? |
| John: |
We have already lost quite a bit. (objection,
overruled.) |
| |
|
| Q: |
Your entire musical future
depends on what happens in this court, isn't that a fact? |
| John: |
I really don't know. |
| |
|
| Q: |
You don't have any other
occupation than as drummer for the Doors, isn't that a fact? |
| John: |
I am a musician. I am a studio musician,
you know. |
| |
|
| Q: |
Now, how much of the beer
in the dressing room did you drink? |
| John: |
I drink orange juice. |
| |
|
| Q: |
You didn't drink any of the
beer? |
| John: |
No. |
| |
|
| Q: |
How many six-packs were they
drinking back in the dressing room? |
| John: |
Well, Jim arrived late so he had a couple
of beers. |
| |
|
| Q: |
How many six-packs were back
there? |
| John: |
I have no idea. |
| |
|
| Q: |
More than two? |
| John: |
I don't know. |
| |
|
| Q: |
You didn't have any, is that
right? |
| John: |
No. |
| |
|
| Q: |
How about Robby Krieger,
he didn't have any, did he? |
| John: |
Robby has a beer, usually. |
| |
|
| Q: |
Maybe one or two? |
| John: |
Yes, and he likes it sometimes on stage.
|
| |
|
| Q: |
How about Ray, how many did
he have? |
| John: |
Ray has a couple, usually. |
| |
|
| Q: |
Did you have any of the
champagne? |
| John: |
Was there champagne? (objection, overruled.)
|
| |
|
| Q: |
Answer the question. Did
you have any champagne? |
| John: |
No. |
| |
|
| Q: |
Do you remember James Morrison
drinking champagne on the stage? |
| John: |
No. |
| |
|
| Q: |
Yet you say you were watching
him most of the time, is that what you were telling the jury? |
| John: |
If I am not watching him, I look at Ray
for musical cues. |
| |
|
| Q: |
And you never saw any bottle
at all on the stage? |
| John: |
No, I don't recall. |
| |
|
| Q: |
How about the lamb, did you
see a lamb on the stage? |
| John: |
Yes. |
| |
|
| Q: |
Did you hear Morrison say,
"If it weren't so young I would fuck it?" Did you hear that? |
| John: |
No, I didn't. I am behind the amplifiers
and then the PA speakers are way out in front. I rarely hear a voice anyway.
|
| |
|
| Q: |
Were those amplifiers between
you and Morrison? |
| John: |
They are in front of me. |
| |
|
| Q: |
In front of you? |
| John: |
Yes. |
| |
|
| Q: |
Which would mean at times
Morrison was in front of the amplifier and you are behind the amplifier,
is that right? |
| John: |
They don't block my view. They are on my
side but they are up. |
| |
|
| Q: |
You heard catcalls from the
audience, isn't that a fact? |
| John: |
Yes. |
| |
|
| Q: |
You heard people calling
Morrison a fag? |
| John: |
I don't think I heard that specifically.
|
| |
|
| Q: |
Did you hear some reference?
|
| John: |
I heard some four letter words, whatever.
|
| |
|
| Q: |
You were with Morrison back
there in the dressing room that entire night. To your knowledge did he have
any medical ailments? |
| John: |
No. |
| |
|
| Q: |
Did he have any kind of fungus
or rash? |
| John: |
No. |
| |
|
| Q: |
How many times did you see
him put his hand inside his pants, all the way down to his crotch? (objection,
overruled.) |
| John: |
I didn't say that. |
| |
|
| Q: |
I show you Defendant's Exhibit
I and ask you if you remember seeing that. |
| John: |
No. |
| |
|
| Q: |
You couldn't see when Morrison
was facing the audience, isn't that a fact? |
| John: |
As he directly faces the audience, I can't
see him,true, from the front. (objection.) |
| |
|
| Q: |
Were you finished with your
answer? |
| John: |
I don't recall. (question read.) |
| John: |
I can't see him when he is facing the audience.
I can see him as he moves all over the stage. He doesn't just stand rigid,
ever. |
| |
|
| Q: |
Did you hear him say, "Do
you want to see my cock" ? |
| John: |
No. |
| |
|
| Q: |
You never heard that? |
| John: |
No, I didn't, |
| |
|
| Q: |
You are familiar, of course,
with his philosophy, are you not, of Morrison's philosophy? |
| John: |
What do you mean? (objection, sustained.)
|
| |
|
| Q: |
Do you believe in the philosophy
that there are no rules, there are no laws? (objection, overruled.) |
| John: |
What was the question? |
| |
|
| Q: |
Do you believe in the philosophy
there are no rules, there are no laws? |
| John: |
No. |
| |
|
| Q: |
Do you believe that a man
has a right to disobey a law he feels has no further use? (objection, sustained.)
|
| |
|
| Q: |
Do you believe that you have
a right to disobey a law that you think is of no further use? (objection,
overruled.) |
| John: |
Do I feel I have a right to disobey a law
I don't agree with? |
| |
|
| Q: |
Yes. |
| John: |
I don't know, It would depend on the law
and how I felt about it. |
| |
|
| Q: |
How about the oath you took
here to tell the truth? |
| John: |
Yes, I believe in that. |
| |
|
| Q: |
You couldn't see him while
he was facing the audience, is that what you are telling the jury? (objection,
overruled.) |
| John: |
When he is facing the audience I can't
see him from the front./FONT> |
REDIRECT EXAMINATION
BY MR. FINK:
| Q: |
What you mean is you can't
see the front of him if he happened to stand still facing the audience? |
| John: |
Right. |
| |
|
| Q: |
Did he ever stand still facing
the audience? |
| John: |
No, he never stands still. |
| |
|
| Q: |
You say you couldn't see
him. Could you see his back and sides even if he had been standing still,
which you say he wasn't? |
| John: |
Yes, I could see his back and sides. |
| |
|
| Q: |
By the way, do you know of
any rules or any laws which would prevent those people who paid six or seven
dollars a head by the thousands to come see that concert that night, do you
know of any rules or laws that would keep them from standing up and dancing
around, moving if they wanted to? (objection, sustained.) |
| |
|
| Q: |
Do you know of any rules
or laws that would prevent them if they couldn't find room to stretch out
their legs from getting up and moving around? (objection, sustained.) |
| |
|
| Q: |
Do you recall any mention
being made that night while you were on stage about people who couldn't see
the stage? |
| John: |
Pardon me? |
| |
|
| Q: |
Do you recall any mention
being made with regard to the fact some people that had paid admission couldn't
see the stage? (objection, overruled.) |
| John: |
Yes, there was a lot of people that couldn't
see. |
| |
|
| Q: |
Do you recall some mention
of that fact by Jim? |
| John: |
Yes. |
| |
|
| Q: |
Do you remember words to
the effect to some people over there to come on up and come on over? |
| John: |
Yes, he said that. |
| |
|
| Q: |
Do you remember whether or
not Jim took off his shirt during the course of the concert? |
| John: |
Yes. (objection, sustained.) |
| |
|
| Q: |
Did you observe with your
eyes Jim Morrison remove his shirt? |
| John: |
Yes, I did. |
| |
|
| Q: |
Was he wearing shorts? |
| John: |
Yes. |
| |
|
| Q: |
While you were on the balcony
for five minutes, is that the balcony right above the stage? |
| John: |
To the left of the stage. |
| |
|
| Q: |
Just a few feet off the stage?
|
| John: |
Yes. |
| |
|
| Q: |
Was that the part of the
balcony you were talking about? |
| John: |
Yes. |
| |
|
| Q: |
In other words, you went
over to your left around and up on top? |
| John: |
Right. |
| |
|
| Q: |
Did you have a direct view
right on top of the stage almost at that point? |
| John: |
Yes. (objection, overruled.) |
| |
|
| Q: |
At that time did you continue
to watch the events on stage? |
| John: |
Yes, I did. |
| |
|
| Q: |
The music had stopped, had
it? |
| John: |
Yes. |
| |
|
| Q: |
Jim was still there and people
were coming on stage, were they? |
| John: |
Yes. (objection, sustained.) |
| |
|
| Q: |
Did Mr. Morrison leave the
stage? |
| John: |
Did he leave the stage? Yes, he did. |
| |
|
| Q: |
Did he have any assistance
by police officers in leaving? |
| John: |
Police officers and a lot of other people
that were locked in arms. They all sort of left. |
| |
|
| Q: |
By the way, some hour and
a half or two hours later you left the auditorium and where did you fellows
go from there? (objection.) |
| |
|
| Q: |
Did you return to your hotel
that night? |
| John: |
Yes, I think we did. |
| |
|
| Q: |
Do you recall where you fellows
stayed? |
| John: |
No, I don't. |
| |
|
| Q: |
The Hilton Plaza, does that
help you? |
| John: |
That's right. |
| |
|
| Q: |
On the Beach? |
| John: |
Yes. |
| |
|
| Q: |
Did you stay overnight? |
| John: |
Yes, we did. |
|
|
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