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'Strangler' Trial Gets Under Way, Bailey Defending

By Glenn A. Padnick

The trial of Albert H. DeSalvo on 10 indictments of assault and robbery began in Cambridge's Middlesex Superior Court yesterday with F. Lee Bailey Jr. '54 for the defense, his B.U. Law classmate Donald Conn prosecuting, and Broadway producer David Merrick part of the packed gallery of reporters and spectators.

"I'm fascinated by Bailey. He's a great performer," Merrick said after the day's proceedings were over.

He wasn't the only one. National attention is focused on the small Cambridge courthouse where Bailey--attorney for Sam Sheppard and Carl Coppolino in sensational trials last year--intends to plead insanity for the 35-year old local handyman--named as the Boston Strangler in a best-selling book by Gerald Frank.

DeSalvo was judged mentally competent to stand trial by Superior Court Judge Cornelius J. Moynihan at a preliminary hearing in the morning.

The rest of the day was devoted to the selection of the jury. Eleven men were chosen before the court clerk ran out of prospects at 4:30.

Unsavory Crimes

Moynihan allowed any woman to be excused at her request because of the nature of the crimes and the testimony that would follow. Several prospects were dismissed after they admitted that reading pre-trial publicity about DeSalvo or Bailey had prejudiced them.

One prospective juror, when asked if he had read or seen anything related to the trial, said, "Well, I've read some articles about the defendant's counsel."

The court broke into laughs and even De Salvo turned around to share his smiles with the gallery.

"You wouldn't blame the defendant for his counsel?" Moynihan asked the prospective juror, drawing more laughs out of the crowd.

The 11 men selected were all white, holding middle-class jobs.

Throughout the day, Bailey oozed confidence. He maintained a slight smile at all times and cordially greeted spectators who came up to him during recesses. His gorgeous wife sat in the first row of the gallery. Merrick sat in the press section.

The trial is being held in Cambridge because the specific crimes involved in the indictment occurred here and in Arlington

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