Paul Harmon - Police Officer

For Viewing Only
Forum rules
Since some of the different parts of the trial transcript are extremely large, posting has been disabled in them. Use the Baniszewski Trial Discussions for postable topics.
 
Posts: 139  Images: 550  Joined: August 8th, 2010, 7:35 am
Location: Springfield, Illinois

Paul Harmon - Police Officer

Postby admin » October 31st, 2010, 7:04 pm

PAUL HARMON , a witness called on behalf of defendants Coy Hubbard and John Stephan Baniszewski on
Motion to Suppress Evidence, being duly sworn by the Court, testified as follows:

DIRECT EXAMINATION (OUT OF PRESENCE OF THE JURY),
QUESTIONS BY MR. FORREST BOWMAN, ATTORNEY FOR DEFENDANTS,
COY HUBBARD AND JOHN STEPHAN BANISZEWSKI

Q. State your name.

A. Officer Paul Harmon.

Q. What is your occupation?

A. Police Officer, City of Indianapolis.

Q. Were you so employed October 26, 1965?

A. Yes, sir, I was.

Q. Did you in that capacity go to to 3850 East New York Street, Indianapolis, Marion County, Indiana?

A. I did, sir.

Q. How did you happen to go there?

A. I was radioed to go there?

Q. Ordered to go there?

A. Yes, sir.

Q. What time did you arrive there?

A. Approximately 6:30.

Q. Was any one other police officers there when you arrived?

A. Yes, sir.

Q. Who was that?

A. The District Car was there and - let's see - the district sergeant was also there.

Q. What did you do on arriving at that address?

A. I was ordered by the district sergeant to watch the front door and make sure no unauthorized person entered.

Q. At the time he gave you that order, had you entered the house?

A. No, sir, I had not.

Q. At that time you were where?

A. Watching the New York Street door.

Q. Outside?

A. Yes.

Q. How long were you there?

A. Approximately an hour.

Q. That would be approximately 7:30?

A. Approximately.

Q. What did you then do?

A. I was ordered by Sector Lieutenant to return to my own area.

Q. Did you leave the address as 3850 East New York Street and go back on patrol?

A. That is correct.

Q. Did you return then to that address?

A. Yes, I did.

Q. How did you happen to do that?

A. I was radioed back to the address to assist with the investigation.

Q. To assist with the investigation?

A. That is right.

Q. What time did you get back there the second time?

A. Approximately a quarter of 10:00.

Q. Approximately a quarter of 10:00?

A. Yes.

Q. Who was there when you arrived that time?

A. The same District Sergeant, also the same lieutenant.

Q. What did you do then?

A. I was then ordered by the District Lieutenant to enter the house and search the basement.

Q. He ordered you to enter the house and search the basement?

A. That is right.

Q. Were any of the Baniszewskis' there at that time?

A. No.

Q. Did you enter the house?

A. I did.

Q. Did you search the basement?

A. I did.

Q. At that time, did you have a warrant to search that basement?

A. I did not.

Q. Did the officer who ordered you to search that basement display any warrant?

A. Not to my knowledge.

Q. Or any part of the house?

A. A warrant for any other part of the house?

Q. Yes.

A. No, sir.

Q. Were you searching the basement solely on order?

A. Yes.

Q. You were not searching for a felon?

A. No, sir.

Q. You were not in search, pursuit of anyone for the purpose of arresting them?

A. No.

Q. You had no warrant for anyone you believed to be in the house?

A. No, sir.

Q. It was your order to search the basement for evidence?

A. Yes.

Q. Did you search the basement?

A. Yes.

Q. How did you gain entrance?

A. Through the wall, the east wall of the kitchen.

Q. There is a door in the kitchen you open?

A. That is correct.

Q. Through the door you go where, down the stair steps?

A. Downstairs, yes.

Q. In the basement?

A. Yes.

Q. Did you find anything in the basement?

A. Yes, sir, I did.

Q. Tell us what you found there?

A. I found as evidence?

Q. Tell us - let me withdraw that question a moment. Did you seize any articles, take any articles in your possession?

A. From the basement, yes I did.

Q. What?

A. One black crowbar, one screw hook and one small piece of orange colored wood.

Q. A piece of orange colored wood, a black crowbar and one screw hook?

A. That is right.

Q. Did you also find a black leather belt in that basement?

A. No, I did not.

Q. Did you find four pieces of brass colored tubing in the basement?

A. No.

Q. You found one piece of orange colored wood?

A. In the basement, yes.

Q. You did not find one wooden paddle in the basement?

A. No.

Q. You did not find one yellow bag containing one pair of gray shorts in the basement?

A. No.

Q. What did you do?

A. I collected them and took them back up to the kitchen and put them with the rest of the articles you have previously mentioned, on the kitchen table.

Q. The articles I previously mentioned were on the kitchen table?

A. That is correct.

Q. Did you discover the other articles anyplace in the house?

A. You are speaking of other articles other than those I found in the basement?

Q. Yes.

A. No place other than on the kitchen table.

Q. You did not enter the house the first time?

A. No.

Q. Were they there - did you see certain things in the basement other than the items you secured, that you observed in the basement?

A. Yes.

Q. What did you see there?

A. Well, there was one mattress and spring down there, a couple of sinks, three boxes of furnace ashes, assorted dirty clothes in various positions in the basement. Other piles of rags, trash cans filled with empty cans, dog food and this sort of thing.

Q. I see. Did you tell to any other police officer the things you had seen in the basement?

A. Certainly.

Q. You told your superior officer what you seen there?

A. Yes, I did.

Q. Did you make a written report what you had seen in the basement?

A. No, sir, I did not, other than what I collected for the property room.

Q. Did you ever tell Mr. New what you had seen in the basement?

A. Yes, sir, I have.

Q. And did you tell Miss Wessner what you seen in the basement?

A. No.

Q. Did you search any other part of that house?

A. Not as a direct search, no, I walked through the other parts of the house.

Q. You did walk through - did you go to the upstairs?

A. No, sir.

Q. These items you seized, are they marked so you would be able to identify them?

A. Yes, sir, they are.

Q. What manner are they marked?

A. With my initials.

Q. Now, do you know who seized the other items that were on that table?

A. I don't have that knowledge, no, sir.

MR. BOWMAN: You may cross examine.

MR. NEW: No questions.

MR. BOWMAN: We rest on our Motion at this time, Your Honor. I am going to move to suppress certain items at this time. It may develop other items offered in evidence should be suppressed. I don't want to be prejudiced if they are offered.

THE COURT: Do you have anything else to show at this time?

MR. BOWMAN: No.

THE COURT: State?

MR. NEW: Nothing by way of evidence.

THE COURT: Gertrude Baniszewski?

MR. ERBECKER: We will rest on our Motion at this time, without prejudice to raise during the trial.

THE COURT: This officer may leave. Remember you are still on this separation of witness thing.

WITNESS EXCUSED.

MR. BOWMAN: At this time defendants John Stephan Baniszewski and Coy Hubbard separately and severally move to suppress as evidence in this cause all observations of Police Officer Melvin Dixon after he entered the premises at 3850 East New York Street, and base that on the fact his entrance was in violation of these defendants rights under the 4th, 5th and 14th amendments to the Constitution of the United States as well as the Constitution of Indiana, in that his entry was illegal and his observations were illegal and constituted an illegal search and seizure. With respect to the items testified to by Officer Harmon, the defendants separately and severally move to suppress as evidence in this cause one orange colored wooden block, one black colored crowbar, one screw hook, for the reason these items were searched for and seized by Officer Harmon without a warrant, in contravention of the defendants rights under the 4th 5th and 14th amendments to the Constitution of the United States as well as the Constitution of Indiana. They were illegally discovered, illegally obtained and are illegal evidence. That is the motion. I think the case - most relevant case on point is Jones vs United States 362 U.S. 257.

THE COURT: Anything on your motion, Mr. Erbecker?

MR. ERBECKER: The defendant will rest on her motion.

THE COURT: State of Indiana.

MR. NEW: No evidence, Your Honor.

THE COURT: Motion of the defendant Gertrude Baniszewski to Suppress Evidence overruled. Motion of the defendants John Stephan Baniszewski and Coy Hubbard to suppress stated evidence overruled. Now, we told the jury to be here at 10:30. We will recess again till 10:30.

RECESS.

THE COURT: Mr. Bowman, while the jury is not here, the earliest arrangement I can have with the physicians' hearing on comprehension for Coy Hubbard and John Baniszewski is 9:00 o'clock tomorrow morning on the basis of comprehension. The doctors have been told to be here. Ready for the jury?

MR. NEW: Yes.

MR. NEDEFF: Yes.

THE COURT: Show everybody here. Trial to be resumed with the jury. Bring in the jury.

JURY PRESENT AND SEATED.

THE COURT: Again may I say that those tables on that wall are reserved for the news media. The State of Indiana may call it's next witness, please.

MR. NEW: I thought Officer Dixon had not been cross examined.

THE COURT: Bring in Officer Dixon. Are there any witnesses in the Courtroom? Alright, there are none. Witness Melvin Dixon is ready for cross examination. Defendant Gertrude Baniszewski first, please.
e-mail: webmaster@sylvialikens.com

Return to Baniszewski Trial Transcript

Who is online

Users browsing this forum: No registered users and 2 guests

cron