Robert Hoover - Mobile News Chief, WIBC - State's Rebuttal

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Robert Hoover - Mobile News Chief, WIBC - State's Rebuttal

Postby admin » October 31st, 2010, 5:31 pm

1:00 P.M. AND THE TRIAL OF THIS CAUSE WAS RESUMED.

MR. NEDEFF: My witness is not here. He had a funeral and I think burial was at Franklin, Indiana. It is a witness I would like to put on, even though only for five minutes.

THE COURT: When he comes, let us know and we will recess for him. Ready?

MR. NEW: Ready, Your Honor.

THE COURT: Are there any other witnesses on behalf of the defendants before the State starts its rebuttal?

MR. ERBECKER: None on the part of Gertrude Baniszewski.

MR. RICE: None, Your Honor.

MR. BOWMAN: None, Your Honor.

THE COURT: With the understanding the State may go ahead with their rebuttal and Richard Hobbs will have opportunity of presenting this witness Doyle if he ever gets here, we will proceed with rebuttal. Bring in the jury.

JURY PRESENT AND SEATED.

THE COURT: State of Indiana, please, with it's rebuttal witnesses.

MR. NEW: Mr. Hoover.

THE STATE OF INDIANA PRESENTS IT'S REBUTTAL.

WITNESS SWORN BY THE COURT.

ROBERT HOOVER , a rebuttal witness, called on behalf of the State of Indiana,
being duly sworn by the Court, testified as follows:

DIRECT EXAMINATION,
QUESTIONS BY MR. LEROY NEW,
DEPUTY PROSECUTOR

Q. Will you state your name to the court and jury, sir?

A. Bob Hoover.

Q. Your occupation?

A. Mobile News Chief, WIBC.

Q. How long have you been so employed?

A. Ten years.

Q. Directing your attention to October 26, 1965, did you have occasion to talk to defendant Richard Hobbs?

A. Yes.

Q. Where did that take place?

A. The detention ward at General Hospital.

Q. Do you recall what time of the day or night it might have been?

A. Before noon.

Q. Who was present?

A. Well, there were several prisoners in this room, together with three or four deputy sheriffs seated just outside the entryway.

Q. At that time, did you ask the defendant Richard Hobbs some questions?

A. Yes.

Q. Did he answer them voluntarily?

A. He did.

Q. Did you discuss at that time any of his participation in the matter now before the jury?

A. Oh, yes.

Q. Did he answer those questions.

A. Yes, he did, sir.

Q. Did you discuss the matter whether or not he had seen Sylvia Likens, the deceased, drinking urine?

MR. ERBECKER: We object.

THE COURT: Objection sustained as to defendant Gertrude Baniszewski. You may answer the question.

Q. Was there such a conversation regarding that subject?

A. Yes.

MR. BOWMAN: We object to the next question for the reason the unanswered question was not withdrawn before the other question was asked, we ask that the answer and question be stricken and the unanswered question.

THE COURT: It was repeated, the question.

MR. BOWMAN: Your Honor, you can't always tell that on the record.

THE COURT: Alright, read him the unanswered question, please.

THE REPORTER READ THE QUESTION.

A. In a sense, yes. I did not put it that way, however, Mr. New.

Q. What did you say and what did he say with respect to that subject?

MR. BOWMAN: Same objection.

THE COURT: Sustained as to John Stephan Baniszewski and Coy Hubbard.

MR. ERBECKER: We object.

THE COURT: Sustained as to Gertrude Baniszewski. You may answer the question.

A. I asked him at the time of this occurrence, I have heard, what I believe I referred to as, scuttlebutt - a rumor that the victim had been forced to drink urine and I said, "How about that" and as I recall -

MR. ERBECKER: Same objection.

THE COURT: Same ruling.

Q. Proceed with the answer, if there was one.

A. He did what we radio men describe as sort of toe danced and stuttered and he said he believed he had heard something like that.

THE COURT: Ladies and Gentlemen, you will ignore that question and the answer in arriving at a verdict as to the defendants Gertrude Baniszewski, John Stephan Baniszewski and Coy Hubbard. You will ignore same and do not consider same, do not use same in arriving at a verdict as to said defendants.

Q. Did you at this time discuss whether judo or karate of any kind was used -

MR. BOWMAN: We object.

THE COURT: Same ruling. Sustained.

Q. Did you ask such a question?

A. I did.

Q. What did you ask and what answer was given, if any?

MR. BOWMAN: We object. It calls for hearsay.

THE COURT: Sustained to all defendants except Richard Hobbs.

Q. What was the question and what was the answer?

MR. BOWMAN: I move that be stricken. There is a question before the court to be answered.

THE COURT: He asked the court reporter for the question and answer.

Q. I asked him if - at 3850 East New York Street - the victim had been subjected to judo and karate punches and he said "Yes".

THE COURT: Ladies and Gentlemen, you will ignore that answer in arriving at a verdict as to defendants Gertrude Baniszewski, Paula Marie Baniszewski, John Stephan Baniszewski and Coy Hubbard. You will ignore the question and answer and not consider or use same in arriving at a verdict as to said defendants.

Q. Did you ask defendant Hobbs whether he had participated in the mutilation of the words "I am a prostitute and proud of it"?

A. I discussed it with him, asked that, yes.

Q. What answer, if any, did he give?

A. He said that -

MR. BOWMAN: I will object.

THE COURT: Objection sustained.

Q. Did you ask defendant Richard Hobbs whether he had struck or beat Sylvia Likens himself, personally?

A. I did.

Q. What, if anything, did he say?

MR. BOWMAN: We object. It is hearsay.

THE COURT: Objection sustained as to John Stephan Baniszewski and Coy Hubbard.

Q. Proceed.

A. Shall I answer that?

Q. Yes.

A. He said he did, as I recall, he said "I struck her eight or ten times".

Q. Did you ask the defendant Richard Hobbs why he had done this?

A. Yes.

Q. What did he say?

MR. ERBECKER: We object.

THE COURT: Sustained as to all defendants other than Richard Hobbs. Answer the question.

A. Because Gertrude Baniszewski told me to.

THE COURT: Ladies and Gentlemen, you will ignore that answer in arriving at a verdict in this case as to defendants Gertrude Baniszewski, Paula Marie Baniszewski, John Stephan Baniszewski and Coy Hubbard. You will not use same or consider same in arriving at a verdict as to said defendants.

Q. At that time, did you ask Richard Hobbs whether he had placed a brand on the body of Sylvia Likens?

MR. ERBECKER: Same objection.

THE COURT: Sustained as to all defendants.

Q. Mr. Hoover, did you record this thing?

A. Yes, I did.

Q. Put it on tape?

A. I did.

Q. Do you still have the tape?

A. Yes.

Q. An accurate reproduction of what was said by yourself and Mr, Hobbs?

A. The original reproduction on tape.

MR. NEW: The defendants may cross.

MR. ERBECKER: No questions.

THE COURT: Paula Marie Baniszewski?

MR. RICE: No questions.

MR. BOWMAN: No questions.

CROSS EXAMINATION,
QUESTIONS BY MR. JAMES NEDEFF, ATTORNEY FOR DEFENDANT,
RICHARD HOBBS

Q. This was the 29th of October?

A. That is right.

Q. He was where?

A. The detention ward of General Hospital.

Q. And what time of the day or night was this interview?

A. It was before noon.

Q. Now, is it a fact, he told you that he used no judo or karate on Sylvia?

A. He did not say that he did. He said he struck her.

Q. Did he tell you where he struck her at?

A. No.

Q. He did not tell you he struck her with a stick or paddle?

A. No, he merely used the word "Hit".

Q. Is it a fact, that he displayed to you how he hit her seven or eight times, as you said, with the back of his hand on her chest?

A. No, he did not. We were not on television.

Q. I did not hear.

A. No.

Q. Did he display it to you?

A. No.

MR. NEDEFF: No other questions.

THE COURT: Anything else?

MR. NEW: Nothing.

WITNESS EXCUSED.
e-mail: webmaster@sylvialikens.com

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