Paul Harmon - Police Officer

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Paul Harmon - Police Officer

Postby admin » October 31st, 2010, 7:19 pm

WITNESS SWORN BY THE COURT.

PAUL HARMON , a witness called on behalf of the defense, in a Hearing to Suppress Evidence,
held out of the presence of the jury, being duly sworn by the Court, testified as follows:

DIRECT EXAMINATION (OUT OF THE PRESENCE OF THE JURY),
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. State your name, Officer.

A. Officer Harmon.

Q. And you are a police officer for the City of Indianapolis?

A. I am, sir.

Q. You were such on October 26, 1965, were you not?

A. Yes, sir.

Q. Assigned to Squad Car No. 14?

A. Car No. 44.

Q. 44, yes, and at that time did you have occasion on October 26, 1965 to go to the residence at 3850 East New York Street?

A. I did, sir.

Q. What was the occasion of you going there?

A. I was sent with the District Car.

Q. What district car?

A. I believe it was Boy 8.

Q. Do you know the officer's name in that car?

A. Boy 8 or Boy 7, I am not clear on that.

Q. What was the name of the officer?

A. I believe Officer Dixon.

Q. Is Officer Dixon the one who just testified?

A. Yes.

Q. Who got there first, you or he?

A. He did, sir.

Q. He was there naturally when you got there, right?

A. That is right.

Q. Where was he at the time you got there, downstairs or upstairs or outside, where?

A. I don't have that information. I got to the front door and I was asked by the superior officer to guard that door on New York Street.

Q. Officer did you take notes at that time what transpired out there?

A. Not at that time.

Q. Did you subsequently make notes?

A. I did later on, yes.

Q. Would these reflect the notes you made at that time or took at that time? I am handing you a police report apparently there.

A. Yes, sir.

Q. Is that right? What do you call the sheet I just handed you?

A. The detective's copy of the D.H.C.

Q. And that is a duplicate of the original you yourself made, this particular one?

A. I phoned it in, right.

Q. You phoned the information on there?

A. That is correct.

Q. Now then, Officer, at that time did you talk to that woman there?

A. No, sir.

Q. Do you know who she is? I am pointing towards the woman sitting right in back of my counsel chair.

A. I believe she is the defendant.

Q. She is Gertrude Baniszewski. Did you talk to her that date?

A. No, I did not.

Q. I think you testified you was assigned to guard the front door?

A. Yes.

Q. Did you do anything else but guard the front door?

A. No.

Q. Did you secure, get, appropriate, or take any of the following property - one black leather belt?

A. Not at that time, sir.

Q. Did you later?

A. Yes, sir.

Q. When, with reference to the time element, an hour later, the next day, when?

A. Approximately three hours later.

Q. That would be around 10:00 or 10:30?

A. Approximately a quarter of 10:00.

Q. The same date?

A. The same date.

Q. The same evening?

A. The same evening.

Q. At that time did you have a warrant of any kind?

A. I did not, sir.

Q. Did you have any legal process of any kind to take any property from that house?

A. I was ordered by my superior officer.

Q. Did you have any legal process other than an order from a superior officer?

A. No, sir.

Q. You went back to the house there, did you?

A. At a quarter of 10:00.

Q. Yes, all you had was an oral order from whom to get this stuff?

A. Lt. Dilk.

Q. Dilk - he verbally told you to get the following property named here in this report, right?

A. He verbally ordered me to search the basement.

Q. Did you have a search warrant?

A. I did not.

Q. Did you have any legal process whatever to go down there?

A. Nothing other than the oral statement of my superior officer.

Q. While you went there at a quarter of 10:00, did you go in the house and get some personal property?

A. At a quarter of 10:00?

Q. At 10:00 or five after, around 10:00.

A. Yes.

Q. Did you yourself get the following property named here on this duplicate, one black leather belt?

A. It was on the kitchen table when I arrived.

Q. Did you get it?

A. I did.

Q. Did you get four pieces of brass colored tubing?

A. I did.

Q. Three pieces of orange colored wood?

A. Yes.

Q. A crowbar?

A. It was a furnace poker, about the same thing as a crowbar. They had a coal furnace.

Q. Did you get one screw hook?

A. I did.

Q. One wooden paddle?

A. Yes, sir.

Q. Where?

A. Also on the kitchen table.

Q. One yellow paper bag containing one pair of gray shorts?

A. Yes, sir.

Q. Did you get anything else not named on there at that time?

A. No, sir.

Q. Now, this, as represented by the way you described it to be, this is the report you called in?

A. That is correct.

Q. You originally called in around 10:00 o'clock, right?

A. Originally, no, I turned them into the property room first and then phoned it in.

Q. You got these articles around 10:00 or thereabouts and then you called in after you got them?

A. That is correct, after they were delivered.

Q. Delivered to the property room?

A. Correct, sir.

Q. You did not have conversation with Gertrude Baniszewski?

A. None whatsoever, no.

Q. And that is your sole connection with the case?

A. That is it, sir.

Q. You did not interrogate Gertrude Baniszewski any time?

A. No.

Q. Was she there when you went back to get the property?

A. No.

Q. Was anyone there with authority, was anybody there who admitted you?

A. My superior officer.

Q. The only ones were police officers?

A. That is right.

Q. Did you ever get written or verbal consent of Gertrude Baniszewski to get this personal property?

A. I never talked to her.

Q. You did not get it if you did not talk to her?

A. Correct.

Q. You did not get anyone's permission to get the property other than the police officer?

A. No.

CROSS EXAMINATION, (OUT OF THE PRESENCE OF THE JURY),
QUESTIONS BY MR. LEROY NEW,
DEPUTY PROSECUTOR

Q. Was the scene secured by the police when you left?

A. The first time, yes, sir.

Q. What time was that?

A. I stayed approximately an hour. I'd say possibly 7:30.

Q. Other police remained at the scene?

A. That is correct.

Q. As far as you know they were still there when you got back?

A. As far as I know, yes.

MR. NEW: That is all.

RE-DIRECT EXAMINATION (OUT OF THE PRESENCE OF THE JURY),
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. There were police there at the time you arrived there at 10:00?

A. There were.

Q. There was somebody on guard at the time you went back to get this property?

A. Yes, sir.

MR. ERBECKER: That is all.

WITNESS EXCUSED.

MR. ERBECKER: Sgt. Kaiser.

THE COURT: Wait a minute, Officer, you were not here this morning?

P.O. HARMON: No, sir.

THE COURT: There has been a separation of witnesses. You are not no tell anyone what you said here.

P.O. HARMON: Yes, sir.
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