Melvin D. Dixon - Police Officer - Motion to Suppress

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Melvin D. Dixon - Police Officer - Motion to Suppress

Postby admin » October 31st, 2010, 7:14 pm

HEARING ON MOTION TO SUPPRESS EVIDENCE,
BY DEFENDANTS COY HUBBARD AND JOHN STEPHAN BANISZEWSKI, OUT OF PRESENCE OF THE JURY.

OFFICER MELVIN D. DIXON ON THE WITNESS STAND.

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. Melvin Dixon.

Q. The same Melvin Dixon who testified here this afternoon?

A. Yes, sir.

Q. You realize you are still under oath?

A. Yes.

Q. Directing your attention to October 26, 1965, what was your occupation?

A. Police officer.

Q. Were you on duty that day?

A. Yes.

Q. What shift?

A. Middle shift.

Q. And what are the hours of the middle shift?

A. 4:00 till midnight.

Q. Did you have occasion during the time you were on duty to go to 3850 East New York Street?

A. Yes, sir.

Q. As a result of what did you go there, sir?

A. The result of a radio call.

Q. And what did the radio call say?

A. They give me the address 3850 East New York - investigate girl may be dead.

Q. That was 3850 East New York Street?

A. Yes, sir.

Q. What time did you receive that?

A. 6:27 P.M.

Q. Did you go there for the purpose of investigating?

A. Yes, sir.

Q. Did you get there?

A. Yes, sir.

Q. Was there anybody there when you arrived?

A. Yes, sir.

Q. Who - I am talking about out in front.

A. Nobody was in front that I know of.

Q. Nobody was in front?

A. No.

Q. No other cars?

A. There was one police car there.

Q. There was a police car there?

A. Yes.

Q. You don't recall what police car that was?

A. I don't recall.

Q. Did you get out of the car and go in the house?

A. Yes.

Q. How did you go?

A. Walked.

Q. Through what entrance?

A. The front door.

Q. Did you open the door?

A. Someone pushed it open for me.

Q. From inside the house?

A. It was from inside the house the door opened.

Q. No one outside pushed the door in?

A. No, nobody pushed from outside, it was pushed from inside.

Q. You were unable to determine who opened that?

A. That is right.

Q. You entered that house?

A. Yes, sir.

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

A. No, sir.

Q. No search warrant?

A. No, sir.

Q. Did you have a warrant in your possession for the arrest of either John Baniszewski or Coy Hubbard?

A. No, sir.

Q. Were you in pursuit of a felon?

A. Not at the time, no, sir.

Q. Did you have, at that time, any reason to believe a felon was inside that house?

A. No, sir.

Q. Did you witness any misdemeanor committed within your view?

A. No, sir.

Q. Were you in pursuit of any misdemeanant?

A. No, sir.

Q. Was your entry into that house solely as the result of that radio run?

A. Yes, sir.

Q. For the purpose of investigation?

A. Yes, sir.

Q. After entering that house did you observe certain things?

A. Yes, sir.

Q. After entering the house - did that include observation of a dead body?

A. Yes, sir.

Q. Did you thereafter summon other police officers?

A. Yes, sir.

Q. Was that as a result of what you observed in that house?

A. Yes, sir.

Q. What are the names of the other police officers?

A. Sgt. Kaiser, Homicide; Officer Babbit, Identification; Coroner, Dr. Kebel.

Q. At the time you entered that house, you had no reason to believe a felony had been committed?

A. That is correct.

Q. Nor any misdemeanor?

A. Right.

Q. During the time you were in that house, did you see John Baniszewski?

A. Not to my knowledge.

Q. Did you see Coy Hubbard?

A. No, sir.

MR. BOWMAN: Cross examine.

MR. NEW: No questions.

THE COURT: Next witness.

MR. BOWMAN: Gertrude.

MR. ERBECKER: I object.

THE COURT: The objection of her lawyer is sustained.

MR. BOWMAN: I would like to show no jurors are present in the court room and renew request for permission to call Gertrude Baniszewski as a witness.

THE COURT: Does Gertrude Baniszewski object?

MR. ERBECKER: I object.

THE COURT: Objection sustained.

MR. BOWMAN: Paula Baniszewski.

MR. RICE: We object.

THE COURT: Objection sustained.

MR. BOWMAN: You can step down.

WITNESS EXCUSED.

MR. BOWMAN: Officer Dixon is not excused. He is coming back.

THE COURT: Do you want him back, Mr. Erbecker at 9:30?

MR. ERBECKER: Yes.

THE COURT: Come back at 9:30 tomorrow morning.

MR. BOWMAN: Swear this witness, Your Honor.

THE COURT: This is in behalf of both defendants, Mr. Bowman?

MR. BOWMAN: Yes.

THE COURT: Defendants Coy Hubbard and John Stephan Baniszewski present evidence in the absence of the jury on oral Motion to Suppress Evidence. Alright, your right hand, sir.
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