Judith Graston - Deputy Sheriff

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Judith Graston - Deputy Sheriff

Postby admin » October 31st, 2010, 6:06 pm

WITNESS SWORN BY THE COURT.

JUDITH 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, please.

A. Judith Graston.

Q. You are a deputy sheriff, are you not?

A. Yes.

Q. For how long?

A. Thirteen months.

Q. How do you spell your last name?

A. g-r-a-s-t-o-n.

Q. Do you know the defendant in this case?

A. Yes, sir.

Q. When did you first see her?

A. October 27, 1965.

Q. Where?

A. The Marion County Jail, City-County Building.

Q. What time of the day or night was that?

A. Approximately, 11:00 o'clock in the morning.

Q. Will you describe her appearance to the jury at that time?

A. She had a black eye, was thin and did not look too well.

Q. What do you mean "did not look too well"?

A. She looked like she was sick.

Q. Did she complain of any sickness?

A. No.

Q. Did you observe her face at that time?

A. Yes, sir.

Q. Was there anything irregular about her face?

A. As I said, she had a black eye and her face looked like it was pealing.

Q. Pealing?

A. Yes.

Q. And from October 27th to the present time, has she been under your care and custody as a deputy sheriff?

A. Part of the time, yes.

Q. Did you see her every day, Miss Graston, from October 27th to the present time?

A. Except on my days off.

Q. What day is that?

A. I have had different days. Now it is Thursday and every other Saturday and Sunday.

Q. Approximately the last six months, how many days have you had off?

A. About forty-eight.

Q. Forty-eight. Would you say then you saw this defendant every day except forty-eight days?

A. Approximately, yes.

Q. Did you observe her mannerisms, demeanor, conduct during that time?

A. Yes, sir.

Q. Did you ever hear her use vulgar language?

A. No, sir.

Q. Did you hear her use curse or swear words?

A. No, sir.

Q. Will you describe her conduct with reference to other prisoners there?

A. She has been an ideal prisoner.

Q. Does she ever talk to anybody?

A. I think she has talked to almost all of us.

Q. Did she talk to you?

A. Yes, sir.

Q. How often does she talk to you?

A. I can't answer that and be truthful, exact about it.

Q. Did you observe her attitude, demeanor every time she talked to you?

A. Yes.

Q. What is the average duration of time she talked to you, a minute or five minutes?

A. It depended on how big a hurry I was in, if I was tied up with other things.

Q. Was her manner one of pessimism or optimism, if you know?

MR. NEW: We object.

THE COURT: Sustained.

Q. Did she ever complain to you?

A. Not directly to me all the time, no.

Q. Did you ever have conversation with her concerning the crime with which she is charged here?

A. She has talked to me about it, yes.

Q. When?

A. I don't recall the exact date.

Q. Was anybody present?

A. On some occasions, yes.

Q. Was there ever any occasion when no one was present when she talked to you about this crime?

A. Yes, sir.

Q. And was there more than one occasion when she talked to you alone about this crime?

A. Not that I remember exactly, no.

Q. How long would these conversations be when she talked to you about this crime?

A. Two or three minutes.

Q. Did she have any visitors at the county Jail?

A. Yes, sir.

Q. Who were they?

MR. NEW: We object.

THE COURT: Objection sustained.

Q. What was the conversation you had with her when she talked to you privately about this crime?

MR. RICE: We object.

THE COURT: Objection sustained.

MR. ERBECKER: Nothing further.

MR. NEW: I have no questions.

MR. RICE: No questions.

MR. BOWMAN: No questions.

MR. NEDEFF: No questions.

THE COURT: Let me excuse the jury a few minutes. Ladies and Gentlemen of the Jury, retire to the jury room a minute or two. During the recess, don't talk along yourselves and don't let anyone talk about this case. Don't form or express any opinion on the case till it is finally submitted to you. Jury and Alternate Jurors may leave the court room.

JURY EXCUSED.

THE COURT: Your name again?

A. Judith Graston.

THE COURT: You have been in the courtroom, assigned to this case?

A. Yes.

THE COURT: How many days?

A. Approximately four or five.

THE COURT: Your answers you gave to answer the questions - was that anything you learned in the court room?

A. No.

THE COURT: Any other questions, Gentleman?

MR. NEW: Nothing by the State, Your Honor.

THE COURT: Alright, you may go.

WITNESS EXCUSED.

THE COURT: Bring in the jury.

JURY PRESENT AND SEATED.

THE COURT: Your next witness, Mr. Erbecker.
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