Melvin D. Dixon - Police Officer - Case in Chief Resumed

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Melvin D. Dixon - Police Officer - Case in Chief Resumed

Postby admin » October 31st, 2010, 7:03 pm

CASE IN CHIEF RESUMED.

MELVIN D. DIXON , a witness called on behalf of the State of Indiana,
being duly sworn by the Court, testified as follows:

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

Q. Now, Officer, what was the occasion for you going there to the premises on East New York on the 26th of October, 1965?

A. At 6:27 P.M., I was radioed to that location to "investigate a girl may be dead".

MR. BOWMAN: We object to the radio report.

THE COURT: Objection sustained to the contents. It would be hearsay.

MR. ERBECKER: I move the court to instruct the jury to disregard.

THE COURT: The jury will disregard that statement in arriving at a verdict in the case against all the defendants.

Q. Pursuant to an order from headquarters, you went down there?

A. Yes, sir.

Q. As soon as you got that message, you went there?

A. Yes.

Q. You did not have a warrant for Gertrude Baniszewski's arrest, did you?

A. No, sir.

Q. You did not have a search warrant to search the premises?

A. No, sir.

Q. You were not in pursuit of a felon, were you?

A. No, sir.

Q. You did not have reasonable grounds for thinking a felony had been committed in the house, did you?

A. I had no reason to believe it.

Q. You did not have reasonable grounds for thinking a felon was in the house, did you?

A. No, sir.

Q. You did not see a misdemeanor committed within your view out there?

A. No, sir.

Q. At - you did not see a felony committed in your view out there, did you?

A. No.

MR. ERBECKER: At this time, Your Honor, defendant Gertrude Baniszewski moves that the entire testimony on direct examination of this witness be stricken from the record.

THE COURT: Overruled.

MR. ERBECKER: No further cross examination.

THE COURT: Defendant Paula Marie Baniszewski.

MR. RICE: We have no cross examination.

THE COURT: Defendants John Stephan Baniszewski and Coy Hubbard.

MR. BOWMAN: No questions.

THE COURT: Defendant Richard Hobbs may cross.

MR. NEDEFF: Yes.

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

Q. You got a radio call at 6:27 to go to 3850 East New York?

A. Yes, sir.

Q. Did you see my client, Richard Hobbs, there?

A. Yes, sir.

Q. Did you have conversation with him?

A. Yes, sir.

Q. And at that time you ascertained he had made the call to police headquarters?

MR. BOWMAN: I object as to these two defendants. It is hearsay.

THE COURT: Objection overruled. I think it goes to the matter of admissibility of evidence. Overruled.

Q. Let me ask you again, Officer -

THE COURT: There is an unanswered question.

A. No, I did not ascertain that.

Q. Were you the first police officer there or the second one?

A. I would say the second.

Q. Now, at the time you were there, did you ever find out or ascertain who had made the call from that house to police headquarters?

A. No, sir.

Q. Did you talk to Richard Hobbs there?

A. Yes, sir.

Q. Where was he at when you first had conversation with him?

A. 3850 East New York Street.

Q. On the porch that faced New York Street?

A. No, sir, in the house, the front room.

Q. Now, Officer, who was the first police officer who was there before you?

A. I could not answer that because I don't know for certain.

Q. Was he a uniform man?

A. Yes, sir.

Q. Was it a motorcycle man?

A. No, I assume he had a patrol car.

Q. What other District Car would be in that particular area and would reach that particular destination quicker than you?

A. They have extra cars that go in those areas also.

Q. You were aware of any other cars in that particular area - you testified you were at Ritter and North?

A. Ritter and St. Clair.

Q. You reached the address at 6:30?

A. I said three minutes approximately.

Q. Approximately three minutes and another officer was there?

A. Yes, sir.

Q. Where was he at?

A. In the front room also.

Q. Was he talking to Richard Hobbs?

A. Not to my knowledge.

Q. In your conversation with Ricky Hobbs, did he tell you he had made the call to the police at approximately 6:30, from the Shell Service Station located on the southeast corner of New York and Denny?

A. I have no knowledge of that.

Q. But you do have knowledge that whoever did make the first call to police headquarters was someone from 3850 East New York Street?

A. That is where I was dispatched to, yes, sir.

MR. NEDEFF: No other questions.

THE COURT: Any other questions on behalf of any of the defendants on cross examination?

MR. ERBECKER: None on behalf of Gertrude Baniszewski, Your Honor.

CROSS EXAMINATION,
QUESTIONS BY MR. GEORGE RICE, ATTORNEY FOR DEFENDANT,
PAULA MARIE BANISZEWSKI

Q. What time - at the time you arrived at that address on the date mentioned, did you happen to discover whether or not defendant Paula Marie Baniszewski was on the promises?

A. That I could not say.

Q. You could not identify her being there at the time you arrived?

A. No, sir.

MR. RICE: No other questions.

MR. BOWMAN: No questions.

THE COURT: Any other re-direct?

MR. NEW: No.

THE COURT: Remember, Officer Dixon, there is a separation of witnesses. Go back to your duties. If they need you, they will call you on the radio.

WITNESS EXCUSED.
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