Don Earl Graston - Deputy Sheriff

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Location: Springfield, Illinois

Don Earl Graston - Deputy Sheriff

Postby admin » October 31st, 2010, 5:48 pm

JURY PRESENT AND SEATED.

WITNESS SWORN BY THE COURT.

THE COURT: Alright, Mr. Erbecker.

DON EARL GRASTON , 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. State your name, sir?

A. Don Earl Graston.

Q. Graston?

A. Yes, sir.

Q. You are a Deputy Sheriff?

A. Yes, sir.

Q. For how long?

A. One year.

Q. And among your various duties, do you also serve subpoenas?

A. Yes, sir.

Q. Did I give you, or cause to have you given a subpoena this morning in this case?

A. Yes, sir.

Q. And did you make service on the subpoena?

A. Yes, sir.

Q. Where did you serve the subpoena?

MR. NEW: We object.

THE COURT: Objection sustained. The return would be the best evidence.

Q. Have your got your return with you?

A. No, I left it with the girl in the outer office this morning.

Q. Go out and get it, please.

A. Yes. (left the room) (returned)

Q. Now, Deputy Graston, I will hand you Defendant's Exhibit "L" and ask you what it is?

A. A subpoena for Judy Duke to appear in court this morning.

Q. Did you serve the subpoena?

A. Yes, at 322 North Chester on behalf of her mother.

Q. Did you make a return thereon?

A. Yes, I did.

Q. I hand you the reverse side of Defendant's Exhibit "L" and ask you if that is your signature?

A. Yes, sir, it is.

Q. And the signature indicates what?

A. She was served - copy service - 322 North Chester.

Q. What time?

A. Approximately 10:30 this morning.

MR. ERBECKER: The defendant now offers into evidence Defendant's Exhibit "L".

MR. NEW: No objection.

MR. BOWMAN: No objection.

MR. RICE: No objection.

MR. NEDEFF: No objection.

THE COURT: Alright, show it in evidence.

MR. ERBECKER: May I read it to the jury?

THE COURT: And read to the jury.

WHEREUPON DEFENDANT'S EXHIBIT "L" (being a copy of a subpoena) WAS ADMITTED IN EVIDENCE,
READ TO THE JURY, AND MADE A PART OF THIS RECORD AS FOLLOWS, TO-WIT:

DEFENDANT'S EXHIBIT "L" ATTACHED.

Q. Now, Sheriff, not the conversation - but at the time you left this place there shown at your return, was anybody home?

A. Yes.

Q. Was this left in the presence and view of anybody?

A. Yes.

Q. Not the conversation - did anybody see or take this from your hand or did you hand it to someone?

A. Yes.

Q. Not the conversation, but to all outward appearances did they live there?

MR. NEW: We object.

THE COURT: Sustained.

MR. ERBECKER: Nothing further.

THE COURT: Cross examine, State?

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

Q. When was the subpoena issued, Sheriff?

A. It was issued this morning.

Q. What time?

A. I am not sure.

Q. Do you have a stamp when it was received by the Sheriff Office?

A. Yes.

Q. It was received May 13?

A. 9:21 this morning.

Q. 9:21 this morning by the Sheriff. Served what time?

A. Approximately 10:30.

Q. For appearance, what time?

A. 11:30 A.M.

Q. You did not give this to the person named, Judy Duke?

A. No, sir.

MR. NEW: That is all.

THE COURT: Defendant Paula Marie Baniszewski?

MR. RICE: No questions.

THE COURT: Defendants Coy Hubbard and John Stephan Baniszewski?

MR. BOWMAN: No questions.

THE COURT: Richard Hobbs?

MR. NEDEFF: No questions.

THE COURT: Redirect?

MR. ERBECKER: None, Your Honor.

WITNESS EXCUSED.
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