There was a problem locating the requested document.
Page 1 ••
'.
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT bF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
)
Plaintiff,
)
)
)
VB.
)
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a James
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
)
)
)
)
)
NO. HCR 92-113
)
Defendants.
•
)
Trial in the above entitled cause was commenced before
the HONORABLE RUDY LOZANO, Judge of said Court, at the Federal
Building, 507 State street, Hammond, Indiana, on the 8th day of
March, 1~93, commencing at the hour of 10:00 a.m.
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United States Attorney,
1001 Main Street, Suite A,
Dyer, Indiana 46311
on behalf of the Government;
VOLUME 1
-, ,
..
-
DANIEL J. SULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET.' HAMMOND r !NDIAN,~ 46320
I
- __ ._JJPage 2 •
APPEARANCES (Cont'd)
MR. BENJAMIN S. JACKSON,
442 North Calumet, Suite 200,
Chesterton, Indiana 46304
on behalf of defendant Lee Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin Street,
valparaiso, Indiana 46383.
on behalf of defendant James Davip ;
MR. JOHN McGRATH,
1108 west 133rd Avenue,
Cedar Lake, Indiana 46303.
on behalf of defendcnt Lynetta P. Durr;
•
•
Defendants
Edw~rds
and D?vis Present in Person
DANIEL J. SULLIVAN
OFFICIAL COURT REPORTER - U. S~ DISTRICT COURT
507 STATE STREE~, HAMMOND, INDIANA 46320Page 3 3
•
2
This is the case of the United states of
America vs. Lee Andrew Edwards, James Davis and Lynetta P.
4
Durr, Hammond Criminal Number HCR 92-113.
5
are the defendant Lee Andrew
6
James Davis in person.
7
present.
9
Edwa~ds
Present today
and the defendant
Defendant Lvnetta Durr is not
Counsel for Lee Andrew
Edwa~ds,
Mr. Benjamin Jackson
is present; counsel for James Davis, Mr. Robert Truitt is
10
present; and counsel for Lynett? Durr, Mr. John McGrath is
11
present.
12
United states Attorney, Mr. Dan Bsll?
13
introduce the gentleman at counsel table.
14
15
16
The Government is
MR. BELLA:
repr8s~nted
by its Assistant
Mr. Bella, would
Your Honor, this is Special Agent Vince
Balbo of the DEA.
THE COURT:
Counsel, it is approximately ten o'clock.
17
This case was set for trial at 8:30.
18
that approximate time.
19
Mr. McGrath, was Miss Durr advised of this trial?
20
MR. McGRATH:
21
THE COURT:
22
•
THE COURT:
3
8
•
(Court opened at 10:00 a.m.)
1
23
Everybody was here at
Miss Durr has failed to appear.
She was, Your Honor.
Was she present at the last pretrial
conference held by the Magistrate-Judge?
MR. McGRATH:
No, Your Honor.
She was present at the
24
date that we were going to submit what date was set.
25
was the continuance date that Mr. Bella had requested.
That
ThePage 4 4
•
1
March~
1st
~f
March; it was
Sh~
was present here in
continued to the 8th of
3
Court, and was informed by me and ?lso Mr. Bella was
4
present as well.
6
THE COURT:
And have you
MR. McGRATH:
8
that time, Your Honor.
THE COURT:
10
MR. McGRATH:
11
THE COURT:
12
MR. McGRATH:
13
THE COURT:
14
15
h~d
conferences with her
since that time?
7
9
I
have had two contacts with her since
Since the first of -Since the 25th of -April?
-- Februar:.7 •
February, I'm
so~ry.
And you reminded her
at both of those conferences of today's trial?
MR. McGRATH:
Yes, it was oriented towards preparation
16
for trial, and the fact of the starting date and every
17
aspect of it and what we were going to do was discussed.
18
19
20
•
th~
2
5
•
_.case was originally set for
THE COURT:
Is the Government going to be filing a
motion for a bench warrant?
MR. BELLA:
Yes, Your Honor.
The Government would
21
request a bench warrant, do so orally if the Court would
22
permit.
23
THE COURT:
24
MR. McGRATH:
25
THE COURT:
Any objection?
I have no objection, Your Honor .
The Court will grant the motion for aPage 5 5
•
1
2
".
ben~h
b~~~h
warrant with regard to
Gentlemen, we have several shoices as to what we can
4
do.
5
defendant in absentia if in fact shs knew of the trail
6
setting and has voluntarily elected not to do SOA
7
One of them we can proceed with the case and try the
I
have asked counsel and you
h?~s
submitted to me a
8
limiting instruction in the event that we proceed in "that
9
manner.
10
A second possibility would be to continue the case or
11
the commencement of the case until this afternoon, have the
12
marshals go out and see if they can locate the defendant
13
A third possibility, and th2t
~ay
A
this limiting
14
instruction would not have to be
15
would be to continue the commencement of the case and start
16
tomorrow morning with regard to the case.
17
And I
gi~7~n"
third possibility
guess a fourth possibility is to sever the
18
defendant from the other defendants.
19
all the possibilities.
20
think of another possibility?
21
and a request?
22
•
~
the case.
3
•
warrant and will issue
MR. McGRATH:
I
think that takes
Is that correct, or can somebody
Do
co~nsel
have a preference
Your Honor, for the record I would move
23
for severance of Lynetta Durr because of her failure to
24
appear, just as a matter of record
25
MR. BELLA:
Your Honor, the Government would object toPage 6 6
•
1
i~.
~bsentia,
if need
be, but is -- the Government is
~greeable
to delaying the
3
start of the trial in an effort
~o
the defendant,
4
and would have no objection to
5
with efforts being made to locate
6
remainder of today.
MR. McGRATH:
~ocate
sta:~ting
Your Honor, I
~~e
d~fendant
~'10,:}J.(1
se~Te~
the trial tomorrow,
0.:;](
for the
the Court to
8
withhold ruling on my motion to
9
effort to secure her attendance, it may become moot.
10
THE COURT:
Is your first
that we continue the case until
12
in the event that she's not
13
then readdress your motion to sever?
14
MR. McGRATH:
15
THE COURT:
16
MR. JACKSON:
until there is an
rsqu~st
11
h~~e
then, Mr. McGrath,
tomo~row
morning and then
tomor~ow
That's corrsct,
~o'}.r
morning, that we
Honor.
Mr. Jackson.
Your Honor, may name is Ben Jackson on
17
behalf Lee Edwards.
18
request, seeing as though my client is present in court.
19
THE COURT:
20
MR. TRUITT:
Your Honor, we will also deter to Mr.
McGrath's request.
22
other.
THE COURT:
I will deter to my co-counsel's
Mr. Truitt.
21
23
•
tr~.::'.1
2
7
•
·.severance and would request a.
We have no feeling one way or the
Counsel, the Court
~s
concerned with a
24
defendant not being present at all aspects of the trial.
25
am also concerned with a defendant not being present and
IPage 7 7
•
1
2
3
. 'concerns with giving a limitin-?
~.:':!.3t:':-'.1.stion
absent an
Finally, I'm also concerned
~i~h
the cost and the
5
delay problems that we would
6
court's heavy criminal docket, also because of the
7
necessity of having to try two
8
that we sever.
9
I
h~'Te
?~~ti~lly
Se~?7?~e
guess my preference would be
~o
because of this
cases in the event
delay the
10
commencement of the trial until
11
tomorrow morning.
12
justice would be best served.
13
necessity of a defendant coming :i. !\. J.ate; there would be no
14
necessity of a limiting instruct7.on.
15
necessity for a separate trial.
16
However, I
~ither
this afternoon or
And in that wav ! think the ends of
On~.
th~re
~.nd
would be no
there would be no
am willing to ]. 7. S ten to counsel, to any
17
objections that they may have or if they -- we could
18
stipulate to it, that would be the most preferable.
19
MR. McGRATH:
Judge, if there is a preference I would
20
prefer that the continuance be until tomorrow morning, if
21
it doesn't burden the court's docket.
22
Court has another trial set for Monday.
23
•
finally! have some
absolute need to do so.
4
•
~nd
then coming in during the trial.
THE COURT:
I
know that the
Let me find out what I have.
24
you are assuming that this case is
25
approximately a week to try.
~oing
Mr. Bella,
to takePage 8 8
•
1
MR. BELLA:
Yes, Your Honor..
2
THE COURT:
Let me check
•
}:
It would not be
~~\Te.
3
a problem if we have to go until next week, going into next
4
week.
5
moved, and I have a bench trial.
6
flexible with a bench tria.l. ObV7.0 11 SJ.-- ':,sci3.use I don' t have
7
to get a jury.
8
would stipulate to a continuance until tomorrow morning?
9
•
i,rhC'.-;::
I
have some matters tha.t J: h.c.'is set; they can be
Your preference
MR. McGRATH:
10
THE COURT:
11
MR. TRUITT:
a~d
I'~
a lot more
Mr. McGrath, you
ths~.
Yes, Your Hono:::". :: would ask that.
Mr.
Truitt~
Thank you, You'- H0no;:".
If
I had a
12
preference I
13
as possible.
14
Hammond area, see if we cO.n ste.l:":: -?+:-.
15
measure due to my commitment as an adjunct professor at
16
Valparaiso University, we're on spring break this week.
17
don't have classes scheduled but starting next Monday I
18
have a class scheduled, and if we
19
would just have to try to arrange to
20
in and teach the class for me.
21
done today and try to get this thing done Friday, that
22
would be most --
23
guess I would like to
I
THE COURT:
th~.n
would be more
g~t
~s
h.~.pp)"
h~d
So 7.£
0!18
much done today
to stay in the
0 r
clock.
In large
to go to trial
hav~
w~
I
I
someone else come
can get something
Mr. Truitt, another concern that I have,
:c :a.r'.lc.
24
and I guess I'm trying to be
25
concern that defense, counsel made, is that I think that the
;;l.S
1
i3S
possible, is aPage 9 9
•
1
Qefendant may be addicted to
2
the time, whether we would be
3
what her condition is.
MR. TRUITT:
4
•
and if she's on drugs at
~b~~
to ?!oceed, depending on
1
I appreciate that
5
objection to waiting around,
6
between now and one o'clock --
7
THE COURT:
8
MR. TRUITT:
9
THE COURT:
I guess the
~nd
;~
~nd
I
would no
she's apprehended
conS0~~
-- make that
dete~mination.
I guess tied in
~·d.th
tD.e.t, thou"gh, is if
10
we have the jury come back, and I'm wi11ing to have jury
11
come back this afternoon, is this
12
somewhat upset about coming, goin?,
13
14
MR. TRUITT:
That's tru.e,
jur~
going to get
s0m~ng,
~:f)'_'.r ~~0:'l.':'r.
going.
I
appreciate
that legitimate concern.
15
MR. M.cGRATH:
16
THE COURT:
17
Your Honor
r
I just -_. I appreciate --
Do counsel want to telk?
I'll give you an
opportunity to talk among yourselves.
MR. McGRATH:
18
•
cr 1gs
I don't think we're going to agree.
I
19
just have concerns about what he:. condition will be if
20
she's found today, and whatever the CODrt decides is in the
21
best interests of both the jury and the Court in terms of
22
its docket, considering all of the things that have been
23
said.
24
25
MR. JACKSON:
Your
Honor~
in li?ht of probability of
locating the defendant in a time
ceJ~tain
and have the juryPage 10 10
•
1
return, out of respect for
2
stipulate to the continuation
3
morning, so as to provide for apprehension and dry out
4
period, if necessary.
5
MR. TRUITT:
6
THE COURT:
7
•
MR. JACKSON:
9
MR. TRUITT:
0~
~y
~h~
client will
t:i~l
until tomorrow
I will concur on th?t. Your Honor.
All three of you agrss and stipulate that
On behalf of
On behalf of
r~r.
Sdw~:.ds,
de~en~ant
we agree.
James Davis, we
do, Your Honor.
11
MR. McGRATH:
12
THE COURT:
On behalf of
Sy~s~ta
And do all threr:- of
Durr, I do as well.
and I don' t
~ro1.1. - -
13
know if there'S a problem -- just
14
event that there is, all waive any speedy trial problems,
15
insofar as until tomorrow.
16
•
~~~v.
the case be continued unti 1 tomar :or.1 morning?
8
10
th~
MR. JACKSON:
fo~
I'm not talking about --
Your Honor. Mr. Edwa:.ds would agree and
17
stipulate that at the time
18
excluded pursuant to the Speedy Trial
19
that
20
THE COURT:
21
MR. TRUITT:
the record in the
fromdo.~:p
until tomorrow be
Act~
Mr. Truitt.
We have no
obj~ctio~
This morning until
to that stipulation,
22
Your Honor.
23
included in any speedy trial computation.
24
MR. McGRATH:
25
THE COURT:
but outside of
No objection,
Mr. 'Bella.
tomor~ow
Y01.l:'
morning not be
Honor.Page 11 11
•
•
1
2
BELLA:
~
Your Honor,
w0uld sti9ulate to the same
course of action.
3
THE COURT:
Do you see
4
MR. BELLA:
I
5
THE COURT:
Based upon
an~: 3p~sding
trial problems?
see no speedy trial problems A
th~
S~iDul~tion
of counsel, and
6
as to having the case continued until tomorrow morning and
7
waiver of any speedy trial problsns
8
tomorrow, and in the interest of justice and seeing that
9
the ends of justice be best servec. considering all the
10
comments that the Court has mader the Court is going to
11
continue this case from today 1).ntil .f:offiorrow morning, to
12
start at 8:30 in the morning
13
I would like to have
b~tween
today and
?r0~ptly .
couns~:.
:1s-:-e
minutes after
~=,v
14
eight.
15
that I
16
matters, so hopefully we can get started on time A Anything
17
else that we have to address at
b9~ch t~n
We may come out on the
ca~
MR. BELLA:
No, Your HonorA
19
THE COURT:
Mr. Jackson?
20
MR. JACKSON:
th~s
time?
housekeeping
Mr. Bella?
Nothing on behalf of Mr. Edwards, Your
Honor.
22
MR. TRUITT:
23
MR. McGRATH:
24
THE COURT:
25
minutes early so
m0tio~s ~nd
dispose of pretrial
18
21
•
M~.
Nothing for Mr. D2..~r~.s. Your HonorA
Nothing further.
Mr. McGrath.
bec2~s~
itrs your client, the
one that's not here, I am going to want to know yourPage 12 12
•
1
to keep track of
you, but in the event that we find her you may want to
3
confer with her and --
4
MR. McGRATH:
I'm willing to J.e?ue here Cl.nd go over to
5
her residence, Your Honor, anc1.
6
the Court.
You can either
THE COURT:
check in with the marshals, but
9
in before you leave today.
10
MR. McGRATH:
11
THE COURT:
.,rj.J.:'. check back in wi th
I
8
.
,
':.~'.r:. c,~.
YO'_'.""TC?
~
-, ;"i th me
0
r you can
:rot to be checking
I will.
Make some
arrange~en~~
as to that.
12
from that, gentlemen,
13
else that we can cover today becc.u;::s J:
14
the defendant present before we mak? anv other
15
determinatinns.
16
right now.
17
I
don't
]~n/)i'T
Aside
::.£ there is"anything
~'Tould
prefer to have
I am going to issue the bench warrant
Gentlemen, I will see you in
~he
morning.
If
18
something should come up today will notify you.
19
to discharge the jury from today, have them come back in
20
the morning.
21
22
23
•
!:r--~.r.lc·
1'r.1 ...,,,'-
2
7
•
.whereabouts at all times-
24
25
MR. JACKSON:
I'm going
Thank you, Your Honor.
(At 10:15 a.m. the t~ial was adjourned, to
be resumed the following day, March 9, 1993,
at the hour of 8:30 a.m.)Page 13 •
IN THE UNITED STATES DI~~R~C7 ~0UR~
NORTHERN DISTRICT OF INVIANA
HAMMOND DIVISI"::'):';
UNITED STATES OF AMERICA,
Plaintiff,
vs.
NO. HeR 92-113
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a James
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
Defendants.
•
Trial in the above entitled C?~S9 W?s reconvened
the HONORABLE RUDY LOZANO, Judge of said Court, and a
jury, at the Federal Building, 507 st?-te 3t::-~etr Ho.mmond,
Indiana, on the 8th day of March, 1993, commencing at the hour
of 2:50 p.m.
befo~e
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United states Attorney,
1001 Main street, Suite A,
Dyer, Indiana 46311
on behalf of the "Government;
•
DANIEL J. SULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET~ HAMMOND, INDIANA 46320Page 14 •
APPEARANCES (Cont'd)
MR. BENJAMIN S~ JACKSON,
442 North Calumet, Suite 200"
Chesterton, Indiana 46304
on behalf of defs~da~~ L~e Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin Street.
Valparaiso, Indiana 46383,
on behalf of defendant James Davis;
MR. JOHN McGRATH,
1108 West 133rd Avenue,
Cedar Lake, Indiana 46303,
on behalf of def~nd~~~ Lynetta P. Durr;
•
•
Defendants Present
DANIEL J
~~
?e~so~
SULLIvA.N
OFFICIAL COURT ~EPORTER - u. S. DISTRICT COURT
507 STATE STREET, HAMMOND, ~NDIAN~. 46320
~
-_- _- _. .__ - .
<--4Page 15 -15
•
(Court reconvened ct 2:50
1
THE COURT:
2
4
Durr, Hammond Criminal Number HeR
5
are represented by Mr. Benjamin
6
and Mr. John McGrath.
7
Daniel Bella.
Counsel, this morning we
11
"brought in by the Marshal
12
hearing at this time unless
13
regard to custody.
I have ordered a bench
MR. McGRATH:
THE COURT:
17
MR. McGRATH:
18
THE COURT:
19
MR. McGRATH:
21
THE COURT:
counsel.
23
over here.
25
J~cksonr Mr~
We~€
Robert Truitt
r~p~esented
to commence
~
by Mr.
jury
wa~rant
Servic~"
the~e
~
~s
and she has been
intend to have a
~
stipulation with
There's no stipulation, Your Honor.
You may.
Lynetta.
You want her to take the stand?
If you want her to testify from her,
Your Honor.
22
24
The defendants
prepared to present evidence.
16
20
and Lynetta
trial on this matter, everybody was present except for Miss
Durr.
14
92-113~
Gove~~~e~~ ~~
The
10
15
•
J~mes D~vis
America vs. Lee Andrew Edwards,
9
•
This is the case of the United states of
3
8
p~m~)
No, she can come to the witness stand,
Ma'am, kindly come to the witness stand right
I'mPage 16 DURR -
•
1
16
DIRECT
LYNETTA DtT::\:S.
a defendant herein, called as a ~itne33 on her own behalf,
being duly sworn to tell the truth r the whole truth and
nothing but the truth, was examinee ~n0 testified as
follows:
2
3
4
5
DIRECT EXAMINP:.T7:0t-i
BY
6
7
•
MR.
Q
Your name is Lynetta Durr and you a=s
8
cause along with Lee Edwards
9
correct?
t~e
defendant in this
M:. Davis, is that
an~
10
A
Yes.
11
Q
And today was the beginning of your trial as you know now,
12
is that correct?
13
A
Yes.
14
Q
Now, we had been here before on
15
friend
Fra~k
F~b:~a~y
25th with your
and you and I?
16
A
Yes.
17
Q
Is that correct?
18
A
Yes.
19
Q
And at that time you were advised
o~
ths Court date, is
that not correct?
20
•
McGRA.T~~:
21
A
This Court date?
22
Q
Yes?
23
A
Well, when you told me next Monday I
thought you was
24
talking about the following Monday.
I
25
know what Monday because I know you said you was going to
didn't -- I didn't
-
- , ....,jiPage 17 DURR - DIRECT
•
1
,get in touch with me.
2
Q
You were aware --
3
A
Yes, it was a Court date.
4
Q
-- at that time --
5
A
Yes.
6
Q
-- that it was not the immediate Monday, which was the old
7
•
•
17
Court date, but the next Monday, as
~
~)ld
8
A
I
9
Q
Just so we're clear, you understood that
you?
know you said Monday, yes.
I
told you it was
10
not the immediate Monday but the next Monday, those are
11
your words?
12
A
I
understand what you told me the following Monday, you
13
said you was going to get in touch with me.
14
when I went to the phone, the lady
15
she told me'You had called.
16
you I was just leaving out the door to call you.
17
know it was this Monday.
st~~ing
When I went
next door to me,
when you came -- when I
18
Q
Now, you did not appear today, is that correct?
19
A
No, I didn't appear.
20
Q
And I
21
A
Yes.
22
Q
-- this morning, isn't that correct?
23
A
Yes.
24
Q
About eleven o'clock more or less?
25
A
Yes.
came to your house
I
saw
didn'tPage 18 DURR - DIREC'::'
•
1
Q
And I
2
A
Was a Court date, yes.
3
Q
Asked you where you had been?
5
A
Yes.
6
Q
For failure to appear for the
7
A
Yes.
8
Q
And you and Frank and
Okav.
And I told you that a
I
Cou~t~
got together and discussed this; is
that correct?
9
•
told you that today
warrant had been issued for your is that correct?
4
•
18
10
A
Yes.
11
.Q
And did I
12
A
Yes.
13
Q
And did you?
14
A
No.
15
Q
Did we begin together?
16
A
We begin to come.
ask you to come with me?
We came -- I begin to come with you,
17
yes, and I told you I wanted to go back home and get my
18
kids together and
19
would you talk -- would you tell him I wasn't trying to
20
dodge them or nothing like that, I just didn't know the
21
Court date; I mean called my probation officer and I
22
everything I was supposed to do;
23
my Court date.
24
25
Q
I
will come back
I
~o
Court, and asked you
~ust
told
didn't know it was
Weren't you informed by me that there was warrant for your
arrest and that when we got to the Court you would be
:t-...._._ ... :~Page 19 DURR - DIRECT
•
a~.rested?
1
2
A
Yes.
3
Q
Okay.
entir~l-- ~n
5
A
Right.
6
Q
You would be arrested and we
t~s
hands of the
co~10
e,nly advise the judge of
your misunderstanding after you were arrested?
7
8
A
Yes.
9
Q
And that if you did not go to Court there was no way for
10
•
And that that was
Judge?
4
•
19
there to be anything done, is that correct?
11
A
Yes, but I was coming.
12
Q
But whose decision was it not to come to Court?
13
A
I asked you, I said -- you said you -- my probation officer
14
told me that she told the judge that -- you know, I called
15
her.
16
let him -- that I was coming; that I am coming; just let me
17
go back, get my kids.
18
house, because I'm not running away.
And
y~u
said that the Judge -- I
I
was going to take them to my mom's
19
Q
Well --
20
A
You know, I --
21
Q
You're not saying that I
22
A
No, you didn't say that, no.
23
Q
What in fact did I
24
A
You told me to come and talk
25
asked you, would you
said that thet was okay, are you?
tell you?
~0me
talk to the Judge, or was going to
and you will let me
a~rest
me when I
first
.... ~~
_Page 20 DURR -
•
•
·come, yes.
1
2
Q
To come in and give yourself up?
3
A
Yes.
4
Q
You would be arrested?
5
A
Yes.
6
Q
And whose decision then was it
7
A
I told -- I asked you to take me hone.
~O~
~~
8
you I was coming.
9
of the way," I said, because Irm not
I
probation officer and I
11
decision.
12
Q
13
Okay.
come?
I
told -- I
told
said, "Take me home, get my kids out
10
~aving
talked with vau.
to call my
It was my
And you discussed it with Frank also who was also in
the car?
14
A
Yes.
15
Q
And it's your statement to the Court that you misunderstood
that today was your trial date?
16
•
20
DIREC~
17
A
Yes.
When I
saw you -- when you came to my door I - -
18
Q
You were here in court and you were out here waiting, we
19
advised you and then subsequently when the date was changed
20
from the immediate weekend to the -- I mean the immediate
21
Monday to the following Monday.
22
you misunderstood it, is that what you're saying?
23
A
Yes, I understood, yes.
24
Q
You were at home
25
A
I was at home.
V0U
were informed of that,
.
,.
,---~
..... :....~~Page 21 DURR -
•
1
Q
2
A
Q
My contact with you, my last contact with you through your
6
A
Yes.
7
Q
-- was the previous Friday. is th?t
9
~orrectr
in other
words, last Friday?
8
A
Last Friday?
Not this Friday. but the last Friday.
I
don't see what you're saying.
10
•
I was on my way out the door to call you; when you came I
neighbor
5
•
came?
was leaving out the door.
3
4
when I
21
DIREC~
11
Q
Three days ago, three days ago?
12
A
I
13
Q
But with your neighbor?
14
A
She didn't -- she didn't tell me until when
haven't talked with you then.
I
--
15
morning when she come and told me I
16
and I was coming out the door to call you; when I
17
the door you was standing right
18
just going to call you.
slipped on my clothes
the;.~;
19
Q
She not tell you --
20
A
No.
21
Q
Was a reminder to meet me here at
22
A
No.
23
Q
Just said that I had called?
24
A
Yes.
25
Q
And that you were to
I
opened
told you I was
Cou~t?
Well, she
~all
this
me back immediately?Page 22 DURR - CROSS
•
1
A
'She said you said to call you Monday; this is what she told
2
me.
3
home.
And that's what I was
I
4
MR. McGRATH:
5
THE COURT:
··;J1.c:n ,;"C'u ca.me.
I
was at
I
have nothing :c'.1.rthe r.
Cross.
CROSS EXAMINATION
BY
MR. BELLA:
7
•
doj.~.g
was still at home when you came.
6
•
22
8
Q
Where do you live, Miss Durr?
9
A
Where do I stay?
10
Q
What is address?
11
A
My lawyer came to 2261 Massachusetts, and I gave him 2257
12
Where do you live?
Pennsylvania.
13
Q
Where do you stay at?
14
A
2261 Massachusetts.
15
Q
And is that where Mr. McGrath got
16
A
Yes, yes.
17
Q
And you started to come into Court with him?
18
A
Yes.
19
Q
How far did you come with him today?
20
A
We got -- we didn't get to the Court.
He was bringing me
around~
I asked him to turn
~ou
from today?
21
here, and I asked him to turn
22
around and call -- before we left I had called here; I
23
talked to my probation officer, and then I
24
with him and I was talking with him.
25
I asked him, I S4id would you
t~rn
got in the car
ar.ound, I said, let
.
_.
, .._ '.J.'
_,.odPage 23 DURR - CROSS
•
.
1
me go home and take care of my
2
coming right back.
3
don't know my way in Hammond.
4
Q
5
I don r t kno,\·1
1--,,",,~.T
Are you telling us you started to
it
f?~':-
con~
kids.
~o
~·'o.S,
I'm
because I
court with him
6
A
I turned -- I asked him to
7
Q
And then what did you do, did you get out of the car?
8
A
I didn't hear you.
9
Q
What did you then when you got out of the car?
10
A
I got out of the car, yes.
12
Q
13
14
tu~n
c~cu~d,
yes.
And when they come and got me I
was still at home.
So you were on your way here with Mr. McGrath and you told
him you didn't want to come right then?
A
Righi now, right, yes.
15
MR. BELLA:
16
MR. McGRATH:
I have nothing
::urthe~.
I have no redirect, Your Honor.
I would
17
ask that Ms. Gilliland, her probation officer, just testify
18
briefly.
19
THE COURT:
20
THE WITNESS:
22
You may step down.
Thank you.
(The witness was excDsed.)
21
•
b~.:.:3:=-~.eS3 m~.i
today, you got part way here and then changed your mind?
11
•
23
THE COURT:
Please be seated, pull your chair up and
23
speak directly into the microphone loud enough so that
24
everybody in the courtroom may hear.
25
counsel.
You may proceed,Page 24 GILLILAND - DIRECT
•
1
DENISE
4
DIRECT
EY~MINATIO~
BY
MR. McGRATH:
5
6
.Q
You are Denise Gilliland of the
7
A
Yes, I am.
8
Q"
And you are the probation officer for Lynetta Durr during
9
the pretrial phase of this
~~0b~tio~
matte~.
department?
is that correct?
10
A
That's correct.
11
Q
Did you have contact with her today?
12
A
¥es, I did.
13
Q
What was the nature of that
14
A
She contacted me by telephone this morning to indicate to
cont~ct?
15
me that you had arrived at her home: she did not know that
16
she was supposed to be in court today; she wanted to know
17
what she should do.
18
Q
And did she ask you to inform the Court that she had
19
incorrectly recalled the day; in other words, she thought
20
it was next week, not this week for the trial?
21
•
G!LLIL~~~
called as a witness by the def~nd?~~r ~sing first duly
sworn to testify the truth, the whole t~uth and nothing
but the truth, was examined and testified as follows:
2
3
•
24
A
She indicated to me that she had talked to you and that she
22
thought that you were going to call her back and she
23
thought it was next Monday, not today, and she would show
24
up tomorrow morning if the Court
25
Q
~ould
allow that.
Did she ask you to advise the Court as to her compliancePage 25 GILLILAND -
•
'with the requirements of the 9i0~~tion office and about her
1
2
3
mistake?
A
I stated to her that I had
~Qn~ast~d
hy the Court and
I had indicated to the Judge
5
Lynetta Durr on March 1 of "93.
6
information about the trial; I
7
she needed to contact her attorney for that information A
Q
9
tha~:
had last spoken to
~
She had wanted some
h?~
~~dic~tsd
to her that
with the exception of today. had she kent all he( contact
appointments with you?
10
A
She's been calling as directed, ves.
11
Q
Do you have any problems at all with her in terms of your
12
13
requirements of her conduct?
A
Not at this time.
14
MR. McGRATH:
15
MR. BELLA:
No
16
THE COURT:
You may step dO",rn.
17
•
be~r
4
8
•
25
~I~SC~
I have nothing f'}r4::':.erquestions~
Your. HonQr.
(The witness was excused.)
18
MR. McGRATH:
19
MR. BELLA:
Nothing to present. Your HonorA
20
THE COURT:
Arty argument?
21
MR. McGRATH:
22
THE COURT:
I have nothing further, Your HonorA
Leave it to the C01J.rt, Yout Honor ..
Mr. McGrath,
di~ yo~
advise Miss Durr on
23
the day that this matter was continued for a week of the
24
continuance?
25
MR. McGRATH:
I-'did, Your Honor.Page 26 26
•
1
THE COURT:
2
MR. McGRATH:
3
THE COURT:
4
MR. McGRATH:
5
THE COURT:
That WcS
F~id2Y
And at that time cid you advise her that
7
originally scheduled, but it
9
Mond2~r
~~~
wou~.d g~
Yes, in fact
th~
fi~st
t~~
v~~y
Monday as
following Monday?
words
sh~
just
spoke, the next Monday, were my words.
10
THE COURT:
11
MR. McGRATH:
12
THE COURT:
Have you had an:: contact with her since?
I have had ons
sont~ct
besides that.
And during -- and J. don't want to know
13
what you guys talked about, but I am just concerned
14
regarding this, was the trial date
15
MR. McGRATH:
Not as such,
b~o~ght
~{o'J.r
E01:.or.
up again?
It was just
16
assumed that she understood that that -- I mean the trial
17
date was not the first anymore, it was of next Monday, as I
18
communicated.
19
•
That was Fridcy7
the case would not start on
MR. McGRATH:
60.:;-?
It was the de.':- ')f the continuance.
6
8
•
Was it on tha'::' -:---:~:~r
THE COURT:
The Court having heard the testimony of
20
Miss Durr and Ms. Gilliland today and having heard the
21
comments of counsel, and also being cognizant of the fact
22
that this matter was set for trial
23
jurors here today for the trial, and we were not able to
24
proceed because of the fact that Miss Durr is a defendant
25
and obviously she has·.a right to be present at all aspects
r
we had a full venire ofPage 27 27
•
'
1
2
3
co~ps~~sd ~o
whsrs?bo~ts
for a day so that Miss Durr's
The Court after having
continue the case
co~s~de:ee
could be found.
all of the testimony
4
in this case and the facts in
5
credibility of the various witnessss" ~OW finds that there
6
is not a reasonable basis for the
7
present, orders the bond
8
custody of the defendant and
9
scheduled tomorrow morning.
10
•
.
. of the trial, the Court was
th~.s
case and considering the
de~s~d2nt
revoke~ ~n~
prese~t
not to be
Marshals to take
t~s
her here for trial as
would also suggest to the ma:sh~ls that they make
11
arrangements so that some clothing can be had for the
12
defendant insofar as trial is conce:.nsd.
13
prone, although I
14
issue again if it's brought up
15
MR. McGRATH:
16
THE COURT:
17
18
am making no
This Court may be
to reconsider this
p~on~ses,
late~
Thank your Your
i~
this week.
Ho~o:-.
Anything further?
(At 3:25 p.m. the hea~ing was concluded.
Trial to resume the following day, March 9,
1993, at 8:30 a.m.)
19
20
21
•
"I certify that the foregoing is a correct
22
transcript from the record of proceedings in the
23
above-entitled matter
24
25Page 28 28
•
1
2
'.
I
3
,~~
PAGE
Genere.l
4
5
N D E
Volume 1 - March 8, 1993
1
6
Witnesses
7
Defendant's
9
Lynetta Durr
16
Denise Gilliland
24
10
11
•
12
13
14
15
16
17
18
19
20
21
22
23
•
Direct
8
24
25
Cross
22
Redirect
Recross
\
PDF Page 1
PlainSite Cover Page
PDF Page 2
••
'.
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT bF INDIANA
HAMMOND DIVISION
UNITED STATES OF AMERICA,
)
Plaintiff,
)
)
)
VB.
)
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a James
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
)
)
)
)
)
NO. HCR 92-113
)
Defendants.
•
)
Trial in the above entitled cause was commenced before
the HONORABLE RUDY LOZANO, Judge of said Court, at the Federal
Building, 507 State street, Hammond, Indiana, on the 8th day of
March, 1~93, commencing at the hour of 10:00 a.m.
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United States Attorney,
1001 Main Street, Suite A,
Dyer, Indiana 46311
on behalf of the Government;
VOLUME 1
-, ,
..
-
DANIEL J. SULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET.' HAMMOND r !NDIAN,~ 46320
I
- __ ._JJ
PDF Page 3
•
APPEARANCES (Cont'd)
MR. BENJAMIN S. JACKSON,
442 North Calumet, Suite 200,
Chesterton, Indiana 46304
on behalf of defendant Lee Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin Street,
valparaiso, Indiana 46383.
on behalf of defendant James Davip ;
MR. JOHN McGRATH,
1108 west 133rd Avenue,
Cedar Lake, Indiana 46303.
on behalf of defendcnt Lynetta P. Durr;
•
•
Defendants
Edw~rds
and D?vis Present in Person
DANIEL J. SULLIVAN
OFFICIAL COURT REPORTER - U. S~ DISTRICT COURT
507 STATE STREE~, HAMMOND, INDIANA 46320
PDF Page 4
3
•
2
This is the case of the United states of
America vs. Lee Andrew Edwards, James Davis and Lynetta P.
4
Durr, Hammond Criminal Number HCR 92-113.
5
are the defendant Lee Andrew
6
James Davis in person.
7
present.
9
Edwa~ds
Present today
and the defendant
Defendant Lvnetta Durr is not
Counsel for Lee Andrew
Edwa~ds,
Mr. Benjamin Jackson
is present; counsel for James Davis, Mr. Robert Truitt is
10
present; and counsel for Lynett? Durr, Mr. John McGrath is
11
present.
12
United states Attorney, Mr. Dan Bsll?
13
introduce the gentleman at counsel table.
14
15
16
The Government is
MR. BELLA:
repr8s~nted
by its Assistant
Mr. Bella, would
Your Honor, this is Special Agent Vince
Balbo of the DEA.
THE COURT:
Counsel, it is approximately ten o'clock.
17
This case was set for trial at 8:30.
18
that approximate time.
19
Mr. McGrath, was Miss Durr advised of this trial?
20
MR. McGRATH:
21
THE COURT:
22
•
THE COURT:
3
8
•
(Court opened at 10:00 a.m.)
1
23
Everybody was here at
Miss Durr has failed to appear.
She was, Your Honor.
Was she present at the last pretrial
conference held by the Magistrate-Judge?
MR. McGRATH:
No, Your Honor.
She was present at the
24
date that we were going to submit what date was set.
25
was the continuance date that Mr. Bella had requested.
That
The
PDF Page 5
4
•
1
March~
1st
~f
March; it was
Sh~
was present here in
continued to the 8th of
3
Court, and was informed by me and ?lso Mr. Bella was
4
present as well.
6
THE COURT:
And have you
MR. McGRATH:
8
that time, Your Honor.
THE COURT:
10
MR. McGRATH:
11
THE COURT:
12
MR. McGRATH:
13
THE COURT:
14
15
h~d
conferences with her
since that time?
7
9
I
have had two contacts with her since
Since the first of -Since the 25th of -April?
-- Februar:.7 •
February, I'm
so~ry.
And you reminded her
at both of those conferences of today's trial?
MR. McGRATH:
Yes, it was oriented towards preparation
16
for trial, and the fact of the starting date and every
17
aspect of it and what we were going to do was discussed.
18
19
20
•
th~
2
5
•
_.case was originally set for
THE COURT:
Is the Government going to be filing a
motion for a bench warrant?
MR. BELLA:
Yes, Your Honor.
The Government would
21
request a bench warrant, do so orally if the Court would
22
permit.
23
THE COURT:
24
MR. McGRATH:
25
THE COURT:
Any objection?
I have no objection, Your Honor .
The Court will grant the motion for a
PDF Page 6
5
•
1
2
".
ben~h
b~~~h
warrant with regard to
Gentlemen, we have several shoices as to what we can
4
do.
5
defendant in absentia if in fact shs knew of the trail
6
setting and has voluntarily elected not to do SOA
7
One of them we can proceed with the case and try the
I
have asked counsel and you
h?~s
submitted to me a
8
limiting instruction in the event that we proceed in "that
9
manner.
10
A second possibility would be to continue the case or
11
the commencement of the case until this afternoon, have the
12
marshals go out and see if they can locate the defendant
13
A third possibility, and th2t
~ay
A
this limiting
14
instruction would not have to be
15
would be to continue the commencement of the case and start
16
tomorrow morning with regard to the case.
17
And I
gi~7~n"
third possibility
guess a fourth possibility is to sever the
18
defendant from the other defendants.
19
all the possibilities.
20
think of another possibility?
21
and a request?
22
•
~
the case.
3
•
warrant and will issue
MR. McGRATH:
I
think that takes
Is that correct, or can somebody
Do
co~nsel
have a preference
Your Honor, for the record I would move
23
for severance of Lynetta Durr because of her failure to
24
appear, just as a matter of record
25
MR. BELLA:
Your Honor, the Government would object to
PDF Page 7
6
•
1
i~.
~bsentia,
if need
be, but is -- the Government is
~greeable
to delaying the
3
start of the trial in an effort
~o
the defendant,
4
and would have no objection to
5
with efforts being made to locate
6
remainder of today.
MR. McGRATH:
~ocate
sta:~ting
Your Honor, I
~~e
d~fendant
~'10,:}J.(1
se~Te~
the trial tomorrow,
0.:;](
for the
the Court to
8
withhold ruling on my motion to
9
effort to secure her attendance, it may become moot.
10
THE COURT:
Is your first
that we continue the case until
12
in the event that she's not
13
then readdress your motion to sever?
14
MR. McGRATH:
15
THE COURT:
16
MR. JACKSON:
until there is an
rsqu~st
11
h~~e
then, Mr. McGrath,
tomo~row
morning and then
tomor~ow
That's corrsct,
~o'}.r
morning, that we
Honor.
Mr. Jackson.
Your Honor, may name is Ben Jackson on
17
behalf Lee Edwards.
18
request, seeing as though my client is present in court.
19
THE COURT:
20
MR. TRUITT:
Your Honor, we will also deter to Mr.
McGrath's request.
22
other.
THE COURT:
I will deter to my co-counsel's
Mr. Truitt.
21
23
•
tr~.::'.1
2
7
•
·.severance and would request a.
We have no feeling one way or the
Counsel, the Court
~s
concerned with a
24
defendant not being present at all aspects of the trial.
25
am also concerned with a defendant not being present and
I
PDF Page 8
7
•
1
2
3
. 'concerns with giving a limitin-?
~.:':!.3t:':-'.1.stion
absent an
Finally, I'm also concerned
~i~h
the cost and the
5
delay problems that we would
6
court's heavy criminal docket, also because of the
7
necessity of having to try two
8
that we sever.
9
I
h~'Te
?~~ti~lly
Se~?7?~e
guess my preference would be
~o
because of this
cases in the event
delay the
10
commencement of the trial until
11
tomorrow morning.
12
justice would be best served.
13
necessity of a defendant coming :i. !\. J.ate; there would be no
14
necessity of a limiting instruct7.on.
15
necessity for a separate trial.
16
However, I
~ither
this afternoon or
And in that wav ! think the ends of
On~.
th~re
~.nd
would be no
there would be no
am willing to ]. 7. S ten to counsel, to any
17
objections that they may have or if they -- we could
18
stipulate to it, that would be the most preferable.
19
MR. McGRATH:
Judge, if there is a preference I would
20
prefer that the continuance be until tomorrow morning, if
21
it doesn't burden the court's docket.
22
Court has another trial set for Monday.
23
•
finally! have some
absolute need to do so.
4
•
~nd
then coming in during the trial.
THE COURT:
I
know that the
Let me find out what I have.
24
you are assuming that this case is
25
approximately a week to try.
~oing
Mr. Bella,
to take
PDF Page 9
8
•
1
MR. BELLA:
Yes, Your Honor..
2
THE COURT:
Let me check
•
}:
It would not be
~~\Te.
3
a problem if we have to go until next week, going into next
4
week.
5
moved, and I have a bench trial.
6
flexible with a bench tria.l. ObV7.0 11 SJ.-- ':,sci3.use I don' t have
7
to get a jury.
8
would stipulate to a continuance until tomorrow morning?
9
•
i,rhC'.-;::
I
have some matters tha.t J: h.c.'is set; they can be
Your preference
MR. McGRATH:
10
THE COURT:
11
MR. TRUITT:
a~d
I'~
a lot more
Mr. McGrath, you
ths~.
Yes, Your Hono:::". :: would ask that.
Mr.
Truitt~
Thank you, You'- H0no;:".
If
I had a
12
preference I
13
as possible.
14
Hammond area, see if we cO.n ste.l:":: -?+:-.
15
measure due to my commitment as an adjunct professor at
16
Valparaiso University, we're on spring break this week.
17
don't have classes scheduled but starting next Monday I
18
have a class scheduled, and if we
19
would just have to try to arrange to
20
in and teach the class for me.
21
done today and try to get this thing done Friday, that
22
would be most --
23
guess I would like to
I
THE COURT:
th~.n
would be more
g~t
~s
h.~.pp)"
h~d
So 7.£
0!18
much done today
to stay in the
0 r
clock.
In large
to go to trial
hav~
w~
I
I
someone else come
can get something
Mr. Truitt, another concern that I have,
:c :a.r'.lc.
24
and I guess I'm trying to be
25
concern that defense, counsel made, is that I think that the
;;l.S
1
i3S
possible, is a
PDF Page 10
9
•
1
Qefendant may be addicted to
2
the time, whether we would be
3
what her condition is.
MR. TRUITT:
4
•
and if she's on drugs at
~b~~
to ?!oceed, depending on
1
I appreciate that
5
objection to waiting around,
6
between now and one o'clock --
7
THE COURT:
8
MR. TRUITT:
9
THE COURT:
I guess the
~nd
;~
~nd
I
would no
she's apprehended
conS0~~
-- make that
dete~mination.
I guess tied in
~·d.th
tD.e.t, thou"gh, is if
10
we have the jury come back, and I'm wi11ing to have jury
11
come back this afternoon, is this
12
somewhat upset about coming, goin?,
13
14
MR. TRUITT:
That's tru.e,
jur~
going to get
s0m~ng,
~:f)'_'.r ~~0:'l.':'r.
going.
I
appreciate
that legitimate concern.
15
MR. M.cGRATH:
16
THE COURT:
17
Your Honor
r
I just -_. I appreciate --
Do counsel want to telk?
I'll give you an
opportunity to talk among yourselves.
MR. McGRATH:
18
•
cr 1gs
I don't think we're going to agree.
I
19
just have concerns about what he:. condition will be if
20
she's found today, and whatever the CODrt decides is in the
21
best interests of both the jury and the Court in terms of
22
its docket, considering all of the things that have been
23
said.
24
25
MR. JACKSON:
Your
Honor~
in li?ht of probability of
locating the defendant in a time
ceJ~tain
and have the jury
PDF Page 11
10
•
1
return, out of respect for
2
stipulate to the continuation
3
morning, so as to provide for apprehension and dry out
4
period, if necessary.
5
MR. TRUITT:
6
THE COURT:
7
•
MR. JACKSON:
9
MR. TRUITT:
0~
~y
~h~
client will
t:i~l
until tomorrow
I will concur on th?t. Your Honor.
All three of you agrss and stipulate that
On behalf of
On behalf of
r~r.
Sdw~:.ds,
de~en~ant
we agree.
James Davis, we
do, Your Honor.
11
MR. McGRATH:
12
THE COURT:
On behalf of
Sy~s~ta
And do all threr:- of
Durr, I do as well.
and I don' t
~ro1.1. - -
13
know if there'S a problem -- just
14
event that there is, all waive any speedy trial problems,
15
insofar as until tomorrow.
16
•
~~~v.
the case be continued unti 1 tomar :or.1 morning?
8
10
th~
MR. JACKSON:
fo~
I'm not talking about --
Your Honor. Mr. Edwa:.ds would agree and
17
stipulate that at the time
18
excluded pursuant to the Speedy Trial
19
that
20
THE COURT:
21
MR. TRUITT:
the record in the
fromdo.~:p
until tomorrow be
Act~
Mr. Truitt.
We have no
obj~ctio~
This morning until
to that stipulation,
22
Your Honor.
23
included in any speedy trial computation.
24
MR. McGRATH:
25
THE COURT:
but outside of
No objection,
Mr. 'Bella.
tomor~ow
Y01.l:'
morning not be
Honor.
PDF Page 12
11
•
•
1
2
BELLA:
~
Your Honor,
w0uld sti9ulate to the same
course of action.
3
THE COURT:
Do you see
4
MR. BELLA:
I
5
THE COURT:
Based upon
an~: 3p~sding
trial problems?
see no speedy trial problems A
th~
S~iDul~tion
of counsel, and
6
as to having the case continued until tomorrow morning and
7
waiver of any speedy trial problsns
8
tomorrow, and in the interest of justice and seeing that
9
the ends of justice be best servec. considering all the
10
comments that the Court has mader the Court is going to
11
continue this case from today 1).ntil .f:offiorrow morning, to
12
start at 8:30 in the morning
13
I would like to have
b~tween
today and
?r0~ptly .
couns~:.
:1s-:-e
10 minutes after
~=,v
14
eight.
15
that I
16
matters, so hopefully we can get started on time A Anything
17
else that we have to address at
b9~ch t~n
We may come out on the
ca~
MR. BELLA:
No, Your HonorA
19
THE COURT:
Mr. Jackson?
20
MR. JACKSON:
th~s
time?
housekeeping
Mr. Bella?
Nothing on behalf of Mr. Edwards, Your
Honor.
22
MR. TRUITT:
23
MR. McGRATH:
24
THE COURT:
25
minutes early so
m0tio~s ~nd
dispose of pretrial
18
21
•
M~.
Nothing for Mr. D2..~r~.s. Your HonorA
Nothing further.
Mr. McGrath.
bec2~s~
itrs your client, the
one that's not here, I am going to want to know your
PDF Page 13
12
•
1
to keep track of
you, but in the event that we find her you may want to
3
confer with her and --
4
MR. McGRATH:
I'm willing to J.e?ue here Cl.nd go over to
5
her residence, Your Honor, anc1.
6
the Court.
You can either
THE COURT:
check in with the marshals, but
9
in before you leave today.
10
MR. McGRATH:
11
THE COURT:
.,rj.J.:'. check back in wi th
I
8
.
,
':.~'.r:. c,~.
YO'_'.""TC?
~
-, ;"i th me
0
r you can
:rot to be checking
I will.
Make some
arrange~en~~
as to that.
12
from that, gentlemen,
13
else that we can cover today becc.u;::s J:
14
the defendant present before we mak? anv other
15
determinatinns.
16
right now.
17
I
don't
]~n/)i'T
Aside
::.£ there is"anything
~'Tould
prefer to have
I am going to issue the bench warrant
Gentlemen, I will see you in
~he
morning.
If
18
something should come up today will notify you.
19
to discharge the jury from today, have them come back in
20
the morning.
21
22
23
•
!:r--~.r.lc·
1'r.1 ...,,,'-
2
7
•
.whereabouts at all times-
24
25
MR. JACKSON:
I'm going
Thank you, Your Honor.
(At 10:15 a.m. the t~ial was adjourned, to
be resumed the following day, March 9, 1993,
at the hour of 8:30 a.m.)
PDF Page 14
•
IN THE UNITED STATES DI~~R~C7 ~0UR~
NORTHERN DISTRICT OF INVIANA
HAMMOND DIVISI"::'):';
UNITED STATES OF AMERICA,
Plaintiff,
vs.
NO. HeR 92-113
LEE ANDREW EDWARDS,
JAMES DAVIS, a/k/a James
Jefferies, a/k/a Little
James, and LYNETTA P. DURR
Defendants.
•
Trial in the above entitled C?~S9 W?s reconvened
the HONORABLE RUDY LOZANO, Judge of said Court, and a
jury, at the Federal Building, 507 st?-te 3t::-~etr Ho.mmond,
Indiana, on the 8th day of March, 1993, commencing at the hour
of 2:50 p.m.
befo~e
APPEARANCES:
MR. DANIEL L. BELLA,
Assistant United states Attorney,
1001 Main street, Suite A,
Dyer, Indiana 46311
on behalf of the "Government;
•
DANIEL J. SULLIVAN
OFFICIAL COURT REPORTER - U. S. DISTRICT COURT
507 STATE STREET~ HAMMOND, INDIANA 46320
PDF Page 15
•
APPEARANCES (Cont'd)
MR. BENJAMIN S~ JACKSON,
442 North Calumet, Suite 200"
Chesterton, Indiana 46304
on behalf of defs~da~~ L~e Andrew Edwards;
MR. ROBERT TRUITT,
55 South Franklin Street.
Valparaiso, Indiana 46383,
on behalf of defendant James Davis;
MR. JOHN McGRATH,
1108 West 133rd Avenue,
Cedar Lake, Indiana 46303,
on behalf of def~nd~~~ Lynetta P. Durr;
•
•
Defendants Present
DANIEL J
~~
?e~so~
SULLIvA.N
OFFICIAL COURT ~EPORTER - u. S. DISTRICT COURT
507 STATE STREET, HAMMOND, ~NDIAN~. 46320
~
-_- _- _. .__ - .
<--4
PDF Page 16
-15
•
(Court reconvened ct 2:50
1
THE COURT:
2
4
Durr, Hammond Criminal Number HeR
5
are represented by Mr. Benjamin
6
and Mr. John McGrath.
7
Daniel Bella.
Counsel, this morning we
11
"brought in by the Marshal
12
hearing at this time unless
13
regard to custody.
I have ordered a bench
MR. McGRATH:
THE COURT:
17
MR. McGRATH:
18
THE COURT:
19
MR. McGRATH:
21
THE COURT:
counsel.
23
over here.
25
J~cksonr Mr~
We~€
Robert Truitt
r~p~esented
to commence
~
by Mr.
jury
wa~rant
Servic~"
the~e
~
~s
and she has been
intend to have a
~
stipulation with
There's no stipulation, Your Honor.
You may.
Lynetta.
You want her to take the stand?
If you want her to testify from her,
Your Honor.
22
24
The defendants
prepared to present evidence.
16
20
and Lynetta
trial on this matter, everybody was present except for Miss
Durr.
14
92-113~
Gove~~~e~~ ~~
The
10
15
•
J~mes D~vis
America vs. Lee Andrew Edwards,
9
•
This is the case of the United states of
3
8
p~m~)
No, she can come to the witness stand,
Ma'am, kindly come to the witness stand right
I'm
PDF Page 17
DURR -
•
1
16
DIRECT
LYNETTA DtT::\:S.
a defendant herein, called as a ~itne33 on her own behalf,
being duly sworn to tell the truth r the whole truth and
nothing but the truth, was examinee ~n0 testified as
follows:
2
3
4
5
DIRECT EXAMINP:.T7:0t-i
BY
6
7
•
MR.
Q
Your name is Lynetta Durr and you a=s
8
cause along with Lee Edwards
9
correct?
t~e
defendant in this
M:. Davis, is that
an~
10
A
Yes.
11
Q
And today was the beginning of your trial as you know now,
12
is that correct?
13
A
Yes.
14
Q
Now, we had been here before on
15
friend
Fra~k
F~b:~a~y
25th with your
and you and I?
16
A
Yes.
17
Q
Is that correct?
18
A
Yes.
19
Q
And at that time you were advised
o~
ths Court date, is
that not correct?
20
•
McGRA.T~~:
21
A
This Court date?
22
Q
Yes?
23
A
Well, when you told me next Monday I
thought you was
24
talking about the following Monday.
I
25
know what Monday because I know you said you was going to
didn't -- I didn't
-
- , ....,ji
PDF Page 18
DURR - DIRECT
•
1
,get in touch with me.
2
Q
You were aware --
3
A
Yes, it was a Court date.
4
Q
-- at that time --
5
A
Yes.
6
Q
-- that it was not the immediate Monday, which was the old
7
•
•
17
Court date, but the next Monday, as
~
~)ld
8
A
I
9
Q
Just so we're clear, you understood that
you?
know you said Monday, yes.
I
told you it was
10
not the immediate Monday but the next Monday, those are
11
your words?
12
A
I
understand what you told me the following Monday, you
13
said you was going to get in touch with me.
14
when I went to the phone, the lady
15
she told me'You had called.
16
you I was just leaving out the door to call you.
17
know it was this Monday.
st~~ing
When I went
next door to me,
when you came -- when I
18
Q
Now, you did not appear today, is that correct?
19
A
No, I didn't appear.
20
Q
And I
21
A
Yes.
22
Q
-- this morning, isn't that correct?
23
A
Yes.
24
Q
About eleven o'clock more or less?
25
A
Yes.
came to your house
I
saw
didn't
PDF Page 19
DURR - DIREC'::'
•
1
Q
And I
2
A
Was a Court date, yes.
3
Q
Asked you where you had been?
5
A
Yes.
6
Q
For failure to appear for the
7
A
Yes.
8
Q
And you and Frank and
Okav.
And I told you that a
I
Cou~t~
got together and discussed this; is
that correct?
9
•
told you that today
warrant had been issued for your is that correct?
4
•
18
10
A
Yes.
11
.Q
And did I
12
A
Yes.
13
Q
And did you?
14
A
No.
15
Q
Did we begin together?
16
A
We begin to come.
ask you to come with me?
We came -- I begin to come with you,
17
yes, and I told you I wanted to go back home and get my
18
kids together and
19
would you talk -- would you tell him I wasn't trying to
20
dodge them or nothing like that, I just didn't know the
21
Court date; I mean called my probation officer and I
22
everything I was supposed to do;
23
my Court date.
24
25
Q
I
will come back
I
~o
Court, and asked you
~ust
told
didn't know it was
Weren't you informed by me that there was warrant for your
arrest and that when we got to the Court you would be
:t-...._._ ... :~
PDF Page 20
DURR - DIRECT
•
a~.rested?
1
2
A
Yes.
3
Q
Okay.
entir~l-- ~n
5
A
Right.
6
Q
You would be arrested and we
t~s
hands of the
co~10
e,nly advise the judge of
your misunderstanding after you were arrested?
7
8
A
Yes.
9
Q
And that if you did not go to Court there was no way for
10
•
And that that was
Judge?
4
•
19
there to be anything done, is that correct?
11
A
Yes, but I was coming.
12
Q
But whose decision was it not to come to Court?
13
A
I asked you, I said -- you said you -- my probation officer
14
told me that she told the judge that -- you know, I called
15
her.
16
let him -- that I was coming; that I am coming; just let me
17
go back, get my kids.
18
house, because I'm not running away.
And
y~u
said that the Judge -- I
I
was going to take them to my mom's
19
Q
Well --
20
A
You know, I --
21
Q
You're not saying that I
22
A
No, you didn't say that, no.
23
Q
What in fact did I
24
A
You told me to come and talk
25
asked you, would you
said that thet was okay, are you?
tell you?
~0me
talk to the Judge, or was going to
and you will let me
a~rest
me when I
first
.... ~~
_
PDF Page 21
DURR -
•
•
·come, yes.
1
2
Q
To come in and give yourself up?
3
A
Yes.
4
Q
You would be arrested?
5
A
Yes.
6
Q
And whose decision then was it
7
A
I told -- I asked you to take me hone.
~O~
~~
8
you I was coming.
9
of the way," I said, because Irm not
I
probation officer and I
11
decision.
12
Q
13
Okay.
come?
I
told -- I
told
said, "Take me home, get my kids out
10
~aving
talked with vau.
to call my
It was my
And you discussed it with Frank also who was also in
the car?
14
A
Yes.
15
Q
And it's your statement to the Court that you misunderstood
that today was your trial date?
16
•
20
DIREC~
17
A
Yes.
When I
saw you -- when you came to my door I - -
18
Q
You were here in court and you were out here waiting, we
19
advised you and then subsequently when the date was changed
20
from the immediate weekend to the -- I mean the immediate
21
Monday to the following Monday.
22
you misunderstood it, is that what you're saying?
23
A
Yes, I understood, yes.
24
Q
You were at home
25
A
I was at home.
V0U
were informed of that,
.
,.
,---~
..... :....~~
PDF Page 22
DURR -
•
1
Q
2
A
Q
My contact with you, my last contact with you through your
6
A
Yes.
7
Q
-- was the previous Friday. is th?t
9
~orrectr
in other
words, last Friday?
8
A
Last Friday?
Not this Friday. but the last Friday.
I
don't see what you're saying.
10
•
I was on my way out the door to call you; when you came I
neighbor
5
•
came?
was leaving out the door.
3
4
when I
21
DIREC~
11
Q
Three days ago, three days ago?
12
A
I
13
Q
But with your neighbor?
14
A
She didn't -- she didn't tell me until when
haven't talked with you then.
I
--
15
morning when she come and told me I
16
and I was coming out the door to call you; when I
17
the door you was standing right
18
just going to call you.
slipped on my clothes
the;.~;
19
Q
She not tell you --
20
A
No.
21
Q
Was a reminder to meet me here at
22
A
No.
23
Q
Just said that I had called?
24
A
Yes.
25
Q
And that you were to
I
opened
told you I was
Cou~t?
Well, she
~all
this
me back immediately?
PDF Page 23
DURR - CROSS
•
1
A
'She said you said to call you Monday; this is what she told
2
me.
3
home.
And that's what I was
I
4
MR. McGRATH:
5
THE COURT:
··;J1.c:n ,;"C'u ca.me.
I
was at
I
have nothing :c'.1.rthe r.
Cross.
CROSS EXAMINATION
BY
MR. BELLA:
7
•
doj.~.g
was still at home when you came.
6
•
22
8
Q
Where do you live, Miss Durr?
9
A
Where do I stay?
10
Q
What is address?
11
A
My lawyer came to 2261 Massachusetts, and I gave him 2257
12
Where do you live?
Pennsylvania.
13
Q
Where do you stay at?
14
A
2261 Massachusetts.
15
Q
And is that where Mr. McGrath got
16
A
Yes, yes.
17
Q
And you started to come into Court with him?
18
A
Yes.
19
Q
How far did you come with him today?
20
A
We got -- we didn't get to the Court.
He was bringing me
around~
I asked him to turn
~ou
from today?
21
here, and I asked him to turn
22
around and call -- before we left I had called here; I
23
talked to my probation officer, and then I
24
with him and I was talking with him.
25
I asked him, I S4id would you
t~rn
got in the car
ar.ound, I said, let
.
_.
, .._ '.J.'
_,.od
PDF Page 24
DURR - CROSS
•
.
1
me go home and take care of my
2
coming right back.
3
don't know my way in Hammond.
4
Q
5
I don r t kno,\·1
1--,,",,~.T
Are you telling us you started to
it
f?~':-
con~
kids.
~o
~·'o.S,
I'm
because I
court with him
6
A
I turned -- I asked him to
7
Q
And then what did you do, did you get out of the car?
8
A
I didn't hear you.
9
Q
What did you then when you got out of the car?
10
A
I got out of the car, yes.
12
Q
13
14
tu~n
c~cu~d,
yes.
And when they come and got me I
was still at home.
So you were on your way here with Mr. McGrath and you told
him you didn't want to come right then?
A
Righi now, right, yes.
15
MR. BELLA:
16
MR. McGRATH:
I have nothing
::urthe~.
I have no redirect, Your Honor.
I would
17
ask that Ms. Gilliland, her probation officer, just testify
18
briefly.
19
THE COURT:
20
THE WITNESS:
22
You may step down.
Thank you.
(The witness was excDsed.)
21
•
b~.:.:3:=-~.eS3 m~.i
today, you got part way here and then changed your mind?
11
•
23
THE COURT:
Please be seated, pull your chair up and
23
speak directly into the microphone loud enough so that
24
everybody in the courtroom may hear.
25
counsel.
You may proceed,
PDF Page 25
GILLILAND - DIRECT
•
1
DENISE
4
DIRECT
EY~MINATIO~
BY
MR. McGRATH:
5
6
.Q
You are Denise Gilliland of the
7
A
Yes, I am.
8
Q"
And you are the probation officer for Lynetta Durr during
9
the pretrial phase of this
~~0b~tio~
matte~.
department?
is that correct?
10
A
That's correct.
11
Q
Did you have contact with her today?
12
A
¥es, I did.
13
Q
What was the nature of that
14
A
She contacted me by telephone this morning to indicate to
cont~ct?
15
me that you had arrived at her home: she did not know that
16
she was supposed to be in court today; she wanted to know
17
what she should do.
18
Q
And did she ask you to inform the Court that she had
19
incorrectly recalled the day; in other words, she thought
20
it was next week, not this week for the trial?
21
•
G!LLIL~~~
called as a witness by the def~nd?~~r ~sing first duly
sworn to testify the truth, the whole t~uth and nothing
but the truth, was examined and testified as follows:
2
3
•
24
A
She indicated to me that she had talked to you and that she
22
thought that you were going to call her back and she
23
thought it was next Monday, not today, and she would show
24
up tomorrow morning if the Court
25
Q
~ould
allow that.
Did she ask you to advise the Court as to her compliance
PDF Page 26
GILLILAND -
•
'with the requirements of the 9i0~~tion office and about her
1
2
3
mistake?
A
I stated to her that I had
~Qn~ast~d
hy the Court and
I had indicated to the Judge
5
Lynetta Durr on March 1 of "93.
6
information about the trial; I
7
she needed to contact her attorney for that information A
Q
9
tha~:
had last spoken to
~
She had wanted some
h?~
~~dic~tsd
to her that
with the exception of today. had she kent all he( contact
appointments with you?
10
A
She's been calling as directed, ves.
11
Q
Do you have any problems at all with her in terms of your
12
13
requirements of her conduct?
A
Not at this time.
14
MR. McGRATH:
15
MR. BELLA:
No
16
THE COURT:
You may step dO",rn.
17
•
be~r
4
8
•
25
~I~SC~
I have nothing f'}r4::':.erquestions~
Your. HonQr.
(The witness was excused.)
18
MR. McGRATH:
19
MR. BELLA:
Nothing to present. Your HonorA
20
THE COURT:
Arty argument?
21
MR. McGRATH:
22
THE COURT:
I have nothing further, Your HonorA
Leave it to the C01J.rt, Yout Honor ..
Mr. McGrath,
di~ yo~
advise Miss Durr on
23
the day that this matter was continued for a week of the
24
continuance?
25
MR. McGRATH:
I-'did, Your Honor.
PDF Page 27
26
•
1
THE COURT:
2
MR. McGRATH:
3
THE COURT:
4
MR. McGRATH:
5
THE COURT:
That WcS
F~id2Y
And at that time cid you advise her that
7
originally scheduled, but it
9
Mond2~r
~~~
wou~.d g~
Yes, in fact
th~
fi~st
t~~
v~~y
Monday as
following Monday?
words
sh~
just
spoke, the next Monday, were my words.
10
THE COURT:
11
MR. McGRATH:
12
THE COURT:
Have you had an:: contact with her since?
I have had ons
sont~ct
besides that.
And during -- and J. don't want to know
13
what you guys talked about, but I am just concerned
14
regarding this, was the trial date
15
MR. McGRATH:
Not as such,
b~o~ght
~{o'J.r
E01:.or.
up again?
It was just
16
assumed that she understood that that -- I mean the trial
17
date was not the first anymore, it was of next Monday, as I
18
communicated.
19
•
That was Fridcy7
the case would not start on
MR. McGRATH:
60.:;-?
It was the de.':- ')f the continuance.
6
8
•
Was it on tha'::' -:---:~:~r
THE COURT:
The Court having heard the testimony of
20
Miss Durr and Ms. Gilliland today and having heard the
21
comments of counsel, and also being cognizant of the fact
22
that this matter was set for trial
23
jurors here today for the trial, and we were not able to
24
proceed because of the fact that Miss Durr is a defendant
25
and obviously she has·.a right to be present at all aspects
r
we had a full venire of
PDF Page 28
27
•
'
1
2
3
co~ps~~sd ~o
whsrs?bo~ts
for a day so that Miss Durr's
The Court after having
continue the case
co~s~de:ee
could be found.
all of the testimony
4
in this case and the facts in
5
credibility of the various witnessss" ~OW finds that there
6
is not a reasonable basis for the
7
present, orders the bond
8
custody of the defendant and
9
scheduled tomorrow morning.
10
•
.
. of the trial, the Court was
th~.s
case and considering the
de~s~d2nt
revoke~ ~n~
prese~t
not to be
Marshals to take
t~s
her here for trial as
1 would also suggest to the ma:sh~ls that they make
11
arrangements so that some clothing can be had for the
12
defendant insofar as trial is conce:.nsd.
13
prone, although I
14
issue again if it's brought up
15
MR. McGRATH:
16
THE COURT:
17
18
am making no
This Court may be
to reconsider this
p~on~ses,
late~
Thank your Your
i~
this week.
Ho~o:-.
Anything further?
(At 3:25 p.m. the hea~ing was concluded.
Trial to resume the following day, March 9,
1993, at 8:30 a.m.)
19
20
21
•
"I certify that the foregoing is a correct
22
transcript from the record of proceedings in the
23
above-entitled matter
24
25
PDF Page 29
28
•
1
2
'.
I
3
,~~
PAGE
Genere.l
4
5
N D E
Volume 1 - March 8, 1993
1
6
Witnesses
7
Defendant's
9
Lynetta Durr
16
Denise Gilliland
24
10
11
•
12
13
14
15
16
17
18
19
20
21
22
23
•
Direct
8
24
25
Cross
22
Redirect
Recross
\
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