Fort Lauderdale News from Fort Lauderdale, Florida • Page 17

Fori I juHrrHaU- -wa and Siin-Smiirw-J, Sumlav, Aueti 15. 1976 17A, 4 Jurors Hold Out For Guilt Continued From Page IA SHOE SALE SELECT FROM 4000 PAIRS take the prosecutor's word about this?" What the jurors did not know was that Garrett didn't dare put Luppino on the stand. If he had, defense attorney Charles J. Rich would have brought out that the same grand jury which indicted Truglia heard the state's allegations against Luppino and refused to indict him. Rich piqued the jurors' interest, several of them said.

He is one of the few defense attorneys in Broward County whom other lawyers come to watch in action. Only a few lawyers draw crowds from the legal profession. The celebrated Joe Varon of Hollywood is one. Ray Sandstrom of Fort Lauderdale is another. Mike Satz, the recently resigned head of the State Attorney's Homicide Division, always had a crowd watch his methodical, bulldog way with a case.

The jurors had no way of knowing this was Rich's final criminal case, that he was forsaking the excitement of the criminal courtroom, after 23 years, for the more lucrative practice of civil law. Nor did they know he received no pay for defending Truglia. The Truglias couldn't afford him. Pat had been on workmen's compensation for two years. The defense attorney took the case simply because he believed Truglia's claim that it was self defense.

In his final arguments, the powerfully-voiced Rich referred to the slain Capotorto as "a death machine" and "a lousy Mafia hood." Please Tun To Page ISA, Column I 12 PRICE NOW S17.50 to S35 REG. $35 to $70 Ttettfetfocb Designer Shoes Neeld, of average sue, was the only one armed. He carried a loaded J2 revolver in his belt They had been to Tmglia'i house three times that week, and reportedly beat him once. But this night they called to "talk things over." Truglia took no chances. He sat by a table with a 9-millimeter Browning automatic concealed in a vinyl sheath taped to its underside.

He also had a J2-caliber revolver hidden in a floral arrangement on the kitchen table. Truglia is a short, slightly built man, an unemployed construction worker. He is a worrier. He bad sent his two sons and daughter out for the evening to visit friends. Mary Lou stayed home with him.

The three visitors wasted no time. They allegedly threatened to kill the Truglias and the children if the money wasn't repaid. Capotorto was said to have demanded the Truglias turn over their car, mortgage the house, and if they wanted to live come up with the money. Truglia reportedly said okay, he would get it somehow. He would give them the car keysright away.

Mary Lou came running into the room where they sat, screaming no, they would not give them a thing. "Get out, you bums," she shouted. Suddenly Dominicl, the feared Bobby Dee, was on his feet. He punched Mrs. Truglia in the mouth, chipping off one of her front teeth and drawing blood.

She crumpled to the floor. She said Capotorto began drag CUSTOM-MADE SLIPCOVERS $1 $2499 1 SOFAS iaHe1 exclusively lor IDale Ala'm uv FABRIC ZIPPERS, INCLUDES a ARM COVERS MOST MAJOR CREDIT CARDS ACCEPTED laaric 1M1 ww it thta low, kwprictL StlCHtir HI6HCR FOR SKIRTS IM OVf RSIED FURNITURE. ETC. LAKES MALL OAKLAND PARK BLVD. 81 RT.

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at A 1 A POMPANO BEACH Monday thru Saturday 9 00 6 00 Tat. 946 8330 SURE-FIT INDUSTRIES it YEARS SERVING SOUTH FLORIDA ging ner towara tne door, saying he was taking her for a ride. Truglia started to rise. He said Neeld reached for the .22 in his belt and fired a shot. Truglia's hand went under the table to the plastic sheath.

He came up with the 9-mm automatic, loaded with 15 bullets, and began shooting. He did not miss. Truglia emptied the automatic, then ran into the kitchen and grabbed the 22. He emptied that, reloaded the automatic and fired again. In all, he got off 26 shots and every one struck a target.

When he finished, Capotorto and Dominici lay on the floor. Neeld was still in his chair, his revolver clutched in a lifeless hand. When police arrived, several of them shook Truglia's hand. As far as they were concerned, he had rid the community of three vicious thugs. "They ought to give him a medal," one said.

But the Broward County Grand Jury didn't see it quite that way. The jurors indicted Truglia on three sfoup aft Grow cies Vfl -T" wjr I you save 20 on evervthinn fabrics, rods. labor, installation bedspreads and valancesWj MA ii I II UVE ROW 01 OUR kg1 Take 20 off on our entire line of custom fabrics 'n rods the labor and installation, too! One of our trained decorators will come to your home or office, at your convenience, to help you make the perfect decor selections! HERE ARE SOME SAVINGS EXAMPLES: If your wall size is 40" to 84" long and you choose Reg. $3 a yard fabric Reg. $75 you save $15..

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West Coast 0 WHERE THE GOOD BUYS ALWAYS ARF rnfmrliminn fftfon-Qnft counts of first-degree murder, and he sat in a jail cell for four months awaiting trial. Now, it was all coming together, and Truglia wept, dabbing at his eyes with a white hankerchief. Inside the jury room, the voices grew louder and angrier. There were seven men and five women on the Truglia jury. They were well mixed young and old, black and white.

And now they were at each other's throats. "We got pretty heated," a woman juror said yesterday as she recalled the deliberations. "A man's life hung in the balance, and our emotions were high." Eight of the jurors were for acquittal. Four of them, three men and a woman, held out for conviction. A male juror, who was for acquittal, was still angered.

"This was the lousiest case I ever saw the state present," he said, explaining that he read about and followed court trials. "They didn't prove a thing. Yet four thought he was guilty. I don't know what they based it on. The state had no evidence that it wasn't self defense." Indeed, it seemed to many observers in the packed courtroom that Asst.

State Atty. Eugene Garrett based his case more on suppositions than on any substantive evidence. In fact, almost every police officer he put on the stand sounded more like a defense witness, testifying as to Capotorto's fearsome reputation for violence. Garrett had said, in his opening statement, that he would prove the gun in Neeld's hand was put there by Truglia after Neeld was dead, to make it look like self defense. But during the whole week of trial, he offered no such evidence.

"If they had proven the gun in Neeld's hand belonged to Truglia," a woman juror said later, "we would have convicted the defendant. But they never even tried to prove it, so we had to assume it was Neeld's. The burden of proof lies with the state." Garrett had said that Joe Luppino, Mrs. Truglia's brother, also was in the house and fired a gun, that he was part of a premeditated conspiracy to kill the three men. Luppino had told police he didnt arrive at the Truglia home until after the shootings, that his sister had called him at his apartment in Margate and said to come right over, that "something has happened at the house." The jurors wondered why, if the state knew so much about Luppino, he had not been arrested or at least been subpoenaed as a witness.

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