Trial
Hearst alone was arraigned for the Hibernia Bank robbery; the trial commenced on January 15, 1976. Judge Oliver Jesse Carter ruled that Hearst's taped and written statements after the bank robbery, while she was a fugitive with the SLA members, were voluntary. He did not allow expert testimony that stylistic analysis indicated the "Tania" statements and writing were not wholly composed by Hearst. He permitted the prosecution to introduce statements and actions Hearst made long after the Hibernia robbery, as evidence of her state of mind at the time of the robbery. Judge Carter also allowed into evidence a recording made by jail authorities of a friend's jail visit with Hearst, in which Hearst used profanities and spoke of her radical and feminist beliefs, but he did not allow tapes of psychiatrist Louis Jolyon West's interviews of Hearst to be heard by the jury. Judge Carter was described as "resting his eyes" during testimony favorable to the defense by West and others.
According to Hearst's testimony, her captors had demanded she appear enthusiastic during the robbery and warned she would pay with her life for any mistake. Her defense lawyer F. Lee Bailey provided photographs showing that SLA members, including Camilla Hall, had pointed guns at Hearst during the robbery. In reference to the shooting at Mel's Sporting Goods Store and her decision to not escape, Hearst testified that she was instructed throughout her captivity on what to do in an emergency. She said one class in particular had a situation similar to the store manager's detention of the Harrises. Hearst testified that "when it happened I didn't even think. I just did it, and if I had not done it and if they had been able to get away they would have killed me."
Testifying for the prosecution, Dr. Harry Kozol said Hearst had been "a rebel in search of a cause", and her participation in the Hibernia robbery had been "an act of free will." Prosecutor James L. Browning Jr. asked the other psychiatrist testifying for the prosecution, Dr. Joel Fort, if Hearst was in fear of death or great bodily injury during the robbery, to which he answered, "No". Bailey angrily objected. Fort assessed Hearst as amoral, and said she had voluntarily had sex with Wolfe and DeFreeze, which Hearst denied both in court and outside. Prosecutor Browning tried to show that writings by Hearst indicated her testimony had misrepresented her interactions with Wolfe. She said she had been writing the SLA version of events, and had been punched in the face by William Harris when she refused to be more effusive about what she regarded as sexual abuse by Wolfe. Judge Carter allowed testimony from the prosecution psychiatrists about Hearst's early sexual experiences, although these had occurred years before her kidnapping and the bank robbery.
In court, Hearst made a poor impression and appeared lethargic. An Associated Press report attributed this state to drugs she was given by jail doctors. Bailey was strongly criticized for his decision to put Hearst on the stand, then having her repeatedly decline to answer questions. According to Alan Dershowitz, Bailey was wrong-footed by the judge, who had appeared to indicate she would have Fifth Amendment privilege: the jury would not be present for some of her testimony, or would be instructed not to draw inferences, on matters subsequent to the Hibernian Bank charges for which she was being tried, but he changed his mind.
After a few months, Hearst provided information to the authorities, not under oath (sworn testimony could have been used to convict her) of SLA activities. A bomb exploded at Hearst Castle in February 1976. After Hearst testified that Wolfe had raped her, Emily Harris gave a magazine interview from jail alleging that Hearst's keeping a trinket given to her by Wolfe was an indication that she had been in a romantic relationship with him. Hearst said she had kept the stone carving because she thought it was a Pre-Columbian artifact of archeological significance. The prosecutor James L. Browning Jr. used Harris's interpretation of the item. Some jurors later said they regarded the carving, which Browning waved in front of them, as powerful evidence that Hearst was lying.