THE WITNESS: Diane Lake; D-i-a-n-e L-a-k-e

THE CLERK: Thank you.

THE COURT: Is that Miss or Mrs. Lake?

THE WITNESS: Miss.

THE COURT: Would you try to speak into the microphone, please, so we all can hear what you are saying?

DIRECT EXAMINATION BY MR. KAY:

Q I think one of the jurors didn't hear. It is L-a-k-e; D-i-a-n-e. Diane, how old are you?

A Eighteen.

Q And do you presently live in the Southern California area?

A Yes.

Q Were you a member of the Manson family?

A Yes.

Q How old were you when you joined the Manson family?

A Thirteen or fourteen.

Q All right. How long were you a member of the Manson family?

A Several years.

Q Do you know the defendant Tex Watson?

A Yes.

Q Was he a member of the Manson family?

A Yes.

Q Did you join the family before Tex joined the family?

A Yes.

Q About how long were you a member of the family before Tex joined the family?

A A year.

Q Approximately when did Tex join the family?

A The fall of '68.

Q What was Tex like when he joined the family?

A Mod, kind of sexy and nonchalant.

Q Mod; you mean his style of dress was mod?

A Yes.

Q You say he was sexy?

A Yes.

Q Did Tex live with the family?

A Yes.

Q Did Tex live with the Manson family until sometime in September of 1969?

A Yes.

Q Now, during the latter part of August 1969 did you and Tex have a kind of a boyfriend-girlfriend relationship?

A Yes.

Q Now, are you aware that there was a sheriff's raid on the Spahn Ranch on August 16, 1969?

A Yes.

Q Were you present at this raid?

A No.

Q Where were you?'

A In Olancha.

Q Was Mr. Watson in Olancha also?

A Yes.

Q Was Mr. Watson in Olancha when you arrived?

A Yes.

Q Where exactly is Olancha; is that up by Death Valley, up around that area -- or do you know?

A I don't know.

Q It is in California, though, isn't it?

A Yes.

Q How did you get to Olancha?

A Bruce Davis drove me there.

Q Bruce Davis is one of the family members?

A Yes.

Q And did anybody else go up with you to Olancha besides Bruce Davis?

A A young boy.

Q Do you know what his name is?

A No.

Q Diane, I am going to show you People's Exhibit 302, which has already been marked. Do you recognize the male in that photograph?

A Yes.

Q And who is that?

A Mr. Watson.

Q And is that what Tex Watson looked like when you and he were in Olancha together?

A Yes.

Q In other words, he has hair coming down that almost covers his eyes?

A Yes.

Q Approximately when in relationship to the Spahn Ranch raid, when did you go to Olancha?

A A few days before.

Q A few days before the Spahn Ranch raid?

A Yes.

Q So sometime around August 14th --

A Yes.

Q -- 1969?

A Yes.

Q How long did you say in Olancha?

A About a week.

Q When you were in Olancha did you ever have a conversation with Mr. Watson concerning a murder?

A Yes.

Q Approximately when was that conversation in relationship to the Spahn Ranch raid?

A The day after.

Q So that would have been on August 17, 1969?

A Yes.

Q Where were you when you had this conversation with Mr. Watson?

A Outside of a ranch that we were staying at.

Q Now, this ranch that you were staying at, was this kind of a rundown ranch?

A Yes.

Q And what were you outside doing at the time that you had this conversation?

A Sunbathing.

Q Was Mr. Watson sunbathing also?

A Yes.

Q Besides -- well, was anyone else present outside there beside you and Mr. Watson?

A No.

Q Were you reading anything while you were out there sun bathing ?

A Yes.

Q What were you reading?

A A newspaper.

Q And what did the headlines of this newspaper say?

A Something about the Tate murders.

Q Do you know how that newspaper got there?

A Yes.

Q How?

A Mr. Watson bought it.

Q Now, what, if anything, did Tex say to you and what, if anything, did you say to Mr. Watson?

A Mr. Watson said that he murdered Sharon Tate and that she had pleaded for her life; and that they had written "Pig" on the door and that Charlie asked him to do it and he said it was fun and "Charlie sent us."

Q Now, are you sure about that, what you have just related to the judge and the jury?

A Yes.

Q Did Tex say anything about whether or not you should tell anyone?

A Yes.

Q What did he say?

A He asked me to promise not to tell.

Q Did you promise him not to tell?

A Yes.

Q Approximately how long did this conversation last between you and Mr. Watson?

A Five minutes.

Q How did this conversation get started; did you make some comment about the Tate murder?

A I believe so.

Q Now, when you and Mr. Watson were in Olancha did you have sexual intercourse with Mr. Watson very often?

MR. KEITH: Assumes a fact not in evidence, that she had at all.

MR. KAY: All right. I will ask that question.

THE COURT: Reframe it.

Q BY MR. KAY: Diane, when you and Mr. Watson were in Olancha together did you have sexual intercourse with Mr. Watson?

A Yes.

Q About how many times?

A Twice.

Q What kind of a reputation, if any, did Tex have among the girls in the Manson family?

MR. KEITH: Object to the question.

THE COURT: Sustained.

Q BY MR. KAY: Well, to your knowledge --

MR. BUBRICK: Assumes --

MR. KEITH: Same objection.

THE COURT: Same ruling.

Q BY MR. KAY: What was the position of the girl in the Manson family, Diane?

A To do what the man wanted.

Q In other words, that you always did what the man wanted?

A Yes.

Q To your knowledge did either you or any of the other girls in the family ever give any of the male members of the family any orders to do anything?

A No.

MR. BUBRICK: I think it should be limited to her; she obviously doesn’t know-

MR. KAY: I said "to her knowledge."

THE COURT: Did you give any orders to the men?

THE WITNESS: No.

Q BY MR. KAY: Did you ever hear any other female member of the family give any orders to any of the men?

A No.

Q Who were the other male members of the family, besides Mr. Watson and Mr. Bruce Davis?

A Steve Grogan.

Q He was also known as Clem Tufts?

A Yes -- Johnny Hall. That is all I can remember.

Q What about Danny De Carlo, was he a member?

A For a little while.

Q What about Bobby Beausoleil?

A Yes.

Q While you were a member of the family, did you ever observe Mr. Watson take LSD?

A Yes.

Q On how many occasions?

A Two.

Q How did Mr. Watson act, when he had taken LSD?

A Sexy, carefree.

Q Did you ever see Mr. Watson act violent?

A No.

Q Did you notice any change in Mr. Watson, after he joined the family?

A Yes.

Q What type of change did you notice?

A He let his hair get shaggy and he didn't wear mod clothes anymore.

Q What about his personality; did you notice any difference in that?

A Warmer.

Q Warmer?

A Yes.

Q During the month of August of '69, during the early part of the month, were you living at Spahn Ranch?

A Yes.

Q Did you live at Spahn Ranch until you went up to Olancha?

A Yes.

Q So during the first or second week of August, 19 -- first, do you know who Leslie Van Houton is?

A Yes.

Q Was she a member of the family?

A Yes.

Q During the first or second week of August, 1969, did Leslie Van Houton stay out all night on one occasion?

A Yes.

Q Now, in relationship to the Spahn Ranch raid, which was on August 16th, when was this occasion when Leslie Van Houton stayed out all night?

A Oh, about six days before.

Q So that would place it about August 10th?

A Yes.

Q Were you present when Leslie returned home?

A Yes.

Q About what time did she return home?

A About 7:00.

Q 7:00 in the morning?

A Yes.

Q 7:00a.m.?

A Yes.

Q After Leslie returned home, did any man come to the door of the house that you were located in?

A Yes.

Q About how long after Leslie arrived did this man come to the door?

A Fifteen minutes.

Q Did he knock on the door?

A Yes.

Q Did this man that knocked on the door, did Leslie make any statement concerning this man?

A Yes.

Q What did she say?

MR. BUBRICK: Objection to the question.

MR. KEITH: Object to the question as hearsay.

MR. BUGLIOSI: Before the Court rules, may we approach the bench on that?

MR. KAY: We are not admitting this as hearsay testimony --

MR. KEITH: That is for the Court to decide.

THE COURT: Approach the bench.

(The following proceedings were had at the bench, outside the hearing of the jury)

MR. BUGLIOSI: Leslie Van Houton is named in the indictment as a co-conspirator. We think that it is basic law we can put on evidence against a co-conspirator, whether it is hearsay or not, just like we put on Krenwinkel's fingerprints were found on the inside of the back door. I think we can put on any type of evidence against a co-conspirator named in the indictment.

THE COURT: I don't agree with that. What is your offer of proof?

MR. KAY: Okay. This is not a confession to murder. She stated "Don't let that man come in or see me, because he just gave me a ride from Griffith Park." Now, this is important, because with Barbara Hoyt, who is the next witness, we are going to put on a statement made by Mr. Watson in relationship to the fact that Leslie was hiding and telling Barbara Hoyt not to mention anything to anyone about the fact that they had been in the Griffith Park area and, of course, the Griffith Park area, we are going to put Sgt. Sartuche on to testify that this is right next to the LaBianca residence. So this is placing them at the scene of the murder on the night of the murder.

THE COURT: You say you want to prove that Leslie Van Houton said to this girl –

MR. KAY: Said to this girl "Don't let that man come in," or "Don't let this man come in or see me, because he just gave me a ride from Griffith Park."

MR. KEITH: That isn't the declaration in furtherance of the conspiracy. There is no conspiracy with this declaration. It is a declaration made about what she had done after the alleged homicides.

MR. BUGLIOSI: I think there is a code section on this, your Honor. I can look it up. There is a code section in the Evidence Code that permits it.

THE COURT: Well, so far as I am concerned, the conspiracy has already terminated, hasn't it?

MR. KAY: They are hiding, you know.

THE COURT: The conspiracy to commit murder has terminated, hasn't it, or they have accomplished the object of their conspiracy?

MR. KAY: You see, we are just charging in the indictment that the conspiracy was in effect on the 8^th, 9^th and 10^th. We don't for one minute say that these were the only days of this conspiracy. We consider this a continuing conspiracy. In other words, they were talking about it at the ranch all the time. We are just saying in the indictment that it was in effect three days. We don't say that it terminated with the death of the LaBiancas.

MR. BUGLIOSI: Moreover, you Honor, I think that flight from the scene of the crime is still part of the conspiracy.

THE COURT: You can prove flight. There is no question about that.

MR. BUGLIOSI: I think this is part of flight where they are hiding. This is right after the murders and she is hiding beneath the blanket and telling Diane not to say anything to anyone. I think this is part of a flight.

THE COURT: I will sustain the objection.

MR. KAY: May I say one thing?

THE COURT: Yes.

MR. KAY: The import of what we want is not so much for what Leslie Van Houton had to say, but we want to show Tex Watson's reaction to the fact, why Leslie was hiding, and the statement he made to Barbara Hoyt; in other words, we need to put on this evidence, when our next witness gets up and explains to Tex that Leslie was hiding, and this will explain Tex's statement and reaction to Barbara Hoyt's statement .

THE COURT: What statement did he make?

MR. KAY: Tex said -- Barbara said that Leslie was hiding from a man and Tex said, 'Don't say anything to anyone, as we were in Griffith Park last night at a love-in."

THE COURT: At a what?

MR. KAY: At a love-in, some love-in.

THE COURT: I will sustain the objection.

(The following proceedings were held in open court, in the presence of the jury)

Q BY MR. KAY: Diane, then, without telling us what Leslie said, did Leslie remain under the blankets for the full time the man was inside?

A Yes.

Q About how long a period did that encompass; how long was the man inside?

A Five minutes.

Q And was any part of Leslie's body showing while this man was inside?

A No.

Q In other words, the covers were completely over her whole body?

A Yes.

Q When, after the man left, did Leslie come out from underneath the covers?

A Would you repeat that?

Q All right. After the man left, did Leslie come out from underneath the covers?

A Yes.

Q How soon after the man left?

A Oh, as soon as he was down the road.

Q Diane, did you ever hear Charles Manson talk about a black-white revolution?

A Yes.

Q Did Mr. Manson ever tell you that there was going to be a black-white revolution?

A Yes.

Q When was the first time that he told you this?

A In 1967.

Q Where did you first meet Mr. Manson?

A Topanga Canyon Lane.

Q And that was in 1967?

A Yes.

Q Was there a period of time when the idea of a black-white revolution seemed to dominate Mr. Manson's conversation?

A Yes.

Q When was that?

A In the summer of '69.

Q Did you ever hear Mr. Watson talk about a black-white revolution?

A Yes.

Q Did most of the family members talk about helter-skelter and the black-white revolution?

A Yes.

Q Was that a principal topic of conversation among the family members?

A Yes.

Q Now, in the summer of 1969, what did Mr.Manson say about the black-white revolution? Did he say when it was going to happen?

A He said it was going to come down soon.

Q And did he say who was going to start the black-white revolution?

A He said that he was.

Q And this was during the summer of 1969?

A Yes.

Q Diane, while you and Mr. Watson were up in Olancha, did you ever meet a deputy sheriff named Dennis Cox?

A Yes.

Q Where did you meet Deputy Cox for the first time?

A On the highway.

Q When you were walking along the highway?

A Yes.

Q Was Tex with you on the occasion when you first met Deputy Cox?

A No.

Q Did Deputy Cox ever come to the ranch house where you and Tex were staying?

A Yes.

Q Was he in uniform at that time?

A Yes.

Q What, if anything, did Mr. Watson do when Deputy Cox approached?

A He ran for the bushes.

Q Did he hide in the bushes?

A Yes.

MR. BUBRICK: Just a minute, your Honor; I object to that as being leading and suggestive.

THE COURT: Sustained. Can we fix a time for this?

MR. KAY: All right.

Q Diane, approximately when was this in relationship to the Spahn Ranch raid; was it before or after, to the best of your recollection?

A After.

Q And do you remember whether it was -- how many days after?

A One or two.

Q Now, what did Tex do when he ran towards the bushes, when Deputy Cox approached? Did you see what he did in the bushes?

A No.

Q Was he visible to you, once he ran toward the bushes?

A No.

THE COURT: Did you look? Did you look?

THE WITNESS: Yes.

Q BY MR. KAY: Now, did you and Deputy Cox have a conversation?

A Yes.

Q And in that conversation did Deputy Cox indicate that he had seen Mr. Watson?

A Yes.

Q Did he ask you what Tex's name was?

A Yes.

MR. BUBRICK: Object to that as calling for hearsay, your Honor.

MR. KAY: We are just offering this for Mr. Watson's subsequent reaction, your Honor, not for the truth of this conversation.

THE COURT: I will allow it, subject to a motion to strike.

Q BY MR. KAY: Did Deputy Cox ask you what Tex's name was?

A Yes.

Q And what did you tell him?

A "Tex."

Q After you told Deputy Cox that Tex's name was Tex -- well, let me ask you this, did you give Deputy Cox a last name for Mr. Watson or did you just say "Tex"?

A I don't remember.

Q Now, after you told Deputy Cox that Mr. Watson's name was Tex, did Tex come out of the bushes?

A Yes.

Q Did he come up to where you and Deputy Cox were?

A Yes.

Q Did Deputy Cox then ask Tex for his name?

A Yes.

Q What name did Tex give Deputy Cox?

A Chuck Montgomery.

Q Not "Watson"?

A No.

Q Now, after Deputy Cox left, did Mr. Watson say anything to you?

A Yes.

Q What did he say?

A Something to the effect that he was upset with me.

Q For what?

A For telling a policeman what his name was.

Q What did you say to him when he said that to you, if you remember?

A I don't remember.

Q Diane, how did Tex compare with the other male members of the family, as far as being independent, if at all, from Mr. Manson?

MR. KEITH: Object to the question as calling for a conclusion.

THE COURT: Sustained.

Q BY MR. KAY: Did you ever see Mr. Watson follow Mr. Manson around?

A Sometimes.

Q Very often?

A No.

Q Diane, did you testify for a few minutes before the Grand Jury on December 8, 1969, regarding the Tate-LaBianca murders?

A Yes.

Q Did you tell the Grand Jury under oath that you were in lnyo County on August 8,9 and 10, 1969?

A Yes.

Q Was that the truth or a lie?

A A lie.

Q Where were you on August 8, 9 and 10, 1969?

A Spahn Movie Ranch.

Q And did you also tell the Grand Jury that the first time you heard about the Tate-LaBianca murders was in the lnyo County police station after you were arrested in 1969?

A Yes.

Q Was that the truth or a lie?

A A lie.

Q When was the first time you heard about the Tate murders?

A From Mr. Watson.

Q That would be on August 17,1969?

A Yes.

Q Why did you lie to the Grand Jury?

A Because I was afraid that members of the family would kill me and that Charlie had asked me not to talk to the authorities.

Q Now, when you say Charlie had asked you not to talk to the authorities, are you referring to Mr. Manson?

A Yes.

Q When did he tell you not to talk to the authorities?

A When we were at the foot of Goler Wash.

Q That is out in the Death Valley area?

A Yes.

Q Was this about the time of your arrest in October of 1969?

A Yes.

Q Are you still a member of the Manson family?

A No.

Q When you testified at the first trial in November of 1969 did you tell the truth?

A Yes.

Q Are you telling us the truth --

MR. KEITH: Wait a minute; wait a minute, your Honor. That was too fast for me; I am going to move to strike the answer for the purpose of an objection.

THE COURT: It will be stricken.

MR. KEITH: The objection is, the question calls for a conclusion; it is also immaterial.

THE COURT: It is stricken. The jury will disregard that.

Q BY MR. KAY: Diane, you did testify at the first trial of this case, did you not?

A Yes.

Q Are you telling us the truth today?

A Yes.

Q Diane, how many times have you taken LSD?

A Forty to fifty.

Q Now, because of your drug abuse problem did you spend from the middle of January 1970 until August of 1970 in Patton State Hospital?

A Yes.

Q Have you taken any drugs since you were arrested at Barker Ranch on October 12, 1969?

A No.

Q So you have taken no drugs since October 12th of 1969; is that correct?

A Yes.

Q Did you attend high school from September 1970 to June of 1971?

A Yes.

Q What grades did you get?

A Straight As.

Q And are you going to attend college in the spring semester next year?

A Yes.