MR. NEDEFF: Judge, I would like to recall Bob Hoover just a moment.
THE COURT: That was on cross examination. Do you want to call him back on cross?
MR. NEDEFF: I can call him back on rebuttal.
THE COURT: That is up to you. You can use sur-rebuttal or call him back for an omitted question.
MR. NEDEFF: I would like to call him back right now for an omitted question.
THE COURT: Mr. Hoover, an omitted question on cross examination.
ROBERT HOOVER , a rebuttal witness called on behalf of the State of Indiana,and recalled
for an omitted question by defendant Richard Hobbs on cross examination, testified as follows:
CROSS EXAMINATION (OMITTED QUESTIONS),
BY MR. JAMES NEDEFF, ATTORNEY FOR DEFENDANT,
Q. Now, Mr. Hoover, I think you testified that on October 29, you interviewed, had a tape recording of a conversation you had with Ricky Hobbs in the detention ward at General Hospital?
A. I did.
Q. Now, at that time when you were on the stand today, was there any word said by Ricky Hobbs about Sylvia drinking urine?
MR. ERBECKER: We object.
THE COURT: Sustained.
Q. Now, in your interview with him, talking with him at General Hospital, you asked him - or I think your words were if he showed any remorse or sorrow or pity. What was your answer, if you recall?
A. I said, "What are your reactions to what you have told me now as to this case"? I said, "Are you remorseful or sorry"? He said, "I am now".
Q. Did you also ask him why he did what he did?
A. Yes, I did.
Q. What did he say to that?
A. He said he was prompted to do so by Mrs. Baniszewski.
Q. And he also admitted to you what he did about putting the letters on Sylvia's stomach?
A. That is right, he did.
Q. Did he ever any time tell you he had struck her with a paddle or stick?
Q. What did he tell you he did on that Saturday?
MR. NEW: We object.
THE COURT: Sustained.
Q. Now, you had an opportunity to refresh your memory and recollection as to what you testified to about the urine. Was there anything in your conversation on your tape about asking Ricky Hobbs about urine?
A. Not on the tape, no, sir.
THE COURT: Cross examination, State?
MR. NEW: None.
THE COURT: Any cross examination or examination by defendant Gertrude Baniszewski?
MR. ERBECKER: None, Your Honor.
THE COURT: Paula Marie Baniszewski?
MR. RICE: We have nothing.
THE COURT: Coy Hubbard and John Baniszewski?
MR. BOWMAN: No.
MR. NEDEFF: Ricky Hobbs rests.
DEFENDANT RICHARD HOBBS RESTS.