Judy Darlene Duke - Neighborhood Kid

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Judy Darlene Duke - Neighborhood Kid

Postby admin » October 31st, 2010, 5:33 pm

MR. ERBECKER: No, Your Honor, Gertrude Baniszewski has a witness.

THE COURT: Is she here? Take that seat there. Defendant Gertrude Baniszewski may proceed with her defense.

JUDY DARLENE DUKE , a witness called on behalf of defendant Gertrude Baniszewski,
being duly sworn by the Court, testified as follows:

DIRECT EXAMINATION,
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. You have been sworn, young lady?

A. Yes.

Q. State your name, please.

A. Judy Darlene Duke.

Q. Where do you live?

A. 322 North Chester.

Q. Are you the same Judy Duke who testified before in this case?

A. Yes.

Q. Do you remember what day that was - was it last week?

A. I think it was on Friday.

Q. Now, Miss Duke, at any time prior - before you took the witness stand, did any attache of the prosecutor's office or any law enforcement officer ever tell you while you were on the witness stand to suppress any evidence against this defendant here?

A. No - I don't get what you are talking about.

THE COURT: You don't understand what he is talking about?

A. No.

Q. Did anybody ever tell you, in a conversation with you before you got in the witness stand - tell you not to say anything concerning this case except as to those in the courtroom now?

A. Oh, like I was telling you, not talking about Anna.

Q. Not to talk about who?

A. Anna.

Q. Who is Anna?

A. Siscoe.

Q. You were not to talk about her?

A. She was not here - when she was not here.

Q. Was anything said to you not to talk about Stephanie?

MR. NEW: We object.

THE COURT: Sustained.

Q. Now then, Miss Duke, did you or did you not in your testimony on that witness stand say this or this in substance - "The prosecutor said not to talk about anyone that was not here" - yes or not, did you say that?

A. You mean if they was not here to not talk about them, the ones that are not in this room?

Q. That is right.

A. Yes.

Q. You did say that?

A. No, I did not say it.

Q. Who said it?

A. I don't know her name.

Q. But she said that?

A. Yes, she said not to talk about anyone that was not here.

MR. ERBECKER: Alright, nothing further.

MR. NEW: No questions.

THE COURT: Defendant Paula Marie Baniszewski?

MR. RICE: None, Your Honor.

THE COURT: Defendants John Stephan Baniszewski and Coy Hubbard?

MR. BOWMAN: No questions.

THE COURT: Defendant Richard Hobbs?

MR. NEDEFF: None.

THE COURT: Any more witnesses?

MR. ERBECKER: No, defendant Gertrude Baniszewski rests.

WITNESS EXCUSED.

DEFENDANT GERTRUDE BANISZEWSKI RESTS.

THE COURT: Does anybody else have any other witnesses outside of this witness Doyle? Do all rest defendants rest other than for witness Doyle?

MR. NEDEFF: Yes, Your Honor.

THE COURT: Any rebuttal?

MR. NEW: Yes.

THE COURT: Ladies and Gentlemen of the Jury and Alternate Jurors, it is about twenty after 11:00. Let me send you to lunch. You will return to the jury room at 1:00 o'clock today. By agreement of counsel and with the consent of the State and defendants, made in open court, the jury is permitted to separate. Don't read any newspaper articles or other periodicals. Don't form or express any opinion on the case till it is finally submitted to you. Don't talk among yourselves and don't let any one talk to you about this case or any subject connected therewith. Don't watch anything that may be broadcast about the case. Jury is excused till 1:00 o'clock today.

JURY EXCUSED.

RECESS.
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