ALBION — A bench trial was held for a Goshen man charged with the murder of North Webster teenager Laurel Jean Mitchell, a case that has remained cold since 1975.
Fred Bandy Jr., 69, Goshen, is charged with first degree murder.
Bandy's bench trial took place in Noble Circuit Court on Monday. In a bench trial, rather than a jury, a judge renders a verdict after listening to all of the presented evidence. Bandy waived his right to be present for the bench trial.
Parties involved in the case include Noble Circuit Court Judge Michael Kramer, Noble County Prosecutor James Mowery, Noble County Chief Deputy Prosecutor Leslie Haynes and Noble County Chief Public Defender Jim Abbs.
A verdict will be announced at 1 p.m. Tuesday, Oct. 8. Kramer requested Bandy be present for the verdict.
Affidavit Of Probable Cause
On Aug. 6, 1975, Mitchell, 17, was dropped off at Epworth Forest Church Camp to work her shift at a snack bar. Around 10 p.m. that night, after her shift had ended, she was seen walking in Epworth Forest to meet her friends at Adventureland Amusement Park on the north side of North Webster. This was the last time Mitchell was seen alive.
Around 4:16 a.m. Aug. 7, 1975, a missing person report with the Indiana State Police was filed for Mitchell. At 10:30 a.m. that same day, two fishermen discovered Mitchell's body in the Elkhart River.
An autopsy was performed on Mitchell, which revealed she had made "a violent struggle to survive." Her cause of death was ruled to be drowning.
All of the clothing and belongings found on Mitchell's body at the time of her death were preserved for testing, including shoes, a sweatshirt, bra, underwear, silver jewelry and blue jeans that were inside out, unbuttoned and unzipped.
Recent testing of these items led authorities to Bandy and John W. Lehman, 68, Auburn, as well as years of testimony from those who know the men:
In 2013, the Noble County Sheriff's Department was contacted by an individual who claimed Lehman admitted he and Bandy were involved in a crime together. The details provided in this testimony were consistent with the findings made by police in Mitchell's case.
On July 3, 2014, an individual reported that Bandy had claimed he committed the crime that took place at Mallard's Roost, a public access site adjacent to the location Mitchell's body was found at.
On Sept. 25, 2019, Noble County Sheriff's Department received a report that years ago, at a high school party, Bandy said he and Lehman committed Mitchell's murder together.
Mitchell's clothing was resubmitted for DNA testing in 2019. In February 2020, a Certificate of Analysis was generated by the ISP Laboratory Division that showed a male DNA profile was developed from the clothing.
On Dec. 5, 2022, a voluntary DNA sample was collected from Bandy and submitted to the ISP Laboratory Division.
Results were received by authorities on Jan. 13, 2023, in a Certificate of Analysis that revealed Bandy was 13 billion times more likely to be the contributor of the DNA found in Mitchell's clothing than any other unknown person.
Review of ISP records also disclosed Bandy was driving a 1971 "Olds" at the time, which is consistent with eyewitness statements from area residents on the night of the murder.
Lehman has pled guilty to conspiracy to commit murder and is scheduled for a status hearing and possible sentencing hearing at 9 a.m. Friday, Oct. 11, in Noble Circuit Court.
Bench Trial Proceedings
In his opening statement to the court, Mowery said elements for the murder charge against Bandy say the state must prove beyond a reasonable doubt that Bandy had premeditated malice to murder Mitchell.
He argued that through provided testimony, including from Lehman, and DNA evidence, the state would prove "the kidnapping, rape, confinement and eventual murder of Laurel Jean Mitchell."
Abbs said the state would be unable to prove Bandy murdered Mitchell, arguing Lehman's testimony "must be given the highest scrutiny." He said the court would find a number of contradictions in Lehman's testimony, which he said came about because of a plea agreement offered to Lehman, allowing him to plead to a lesser offense.
The state's first witness was Sarah Knisley, Mitchell's sister. Knisley said Mitchell was the middle child, with Knisley being the youngest and their brother, Bruce, being the oldest. She described Mitchell as a "very nice, easygoing person ... dedicated to church and the Lord ... an awesome sister."
Knisley said Mitchell babysat a lot and was involved in a singing group that traveled a lot.
For work, if she wasn't babysitting, Knisley said Mitchell worked at a snack bar at the Cokesbury Inn. After graduating high school, Mitchell planned to attend Ball State University and major in business.
Knisley was 12 years old on Aug. 6, 1975. She testified that they all had a midnight curfew that "was never a suggestion." On the night of Aug. 6, 1975, Knisley said Mitchell was going to be hanging out with friends until curfew. One of the friends was staying the night with Mitchell at her parents' house. The friend arrived at the house a few minutes after midnight on Aug. 7, 1975, and said the group went to a county fair. She thought Mitchell was already home.
Knisley woke up around 7 a.m. Aug. 7, 1975, and was told Mitchell still had not come home. She rode her bicycle to her softball game, but left during the game when she saw a neighbor arrive in her parents' car. When Knisley got home, she said she saw a bunch of police vehicles and was told by her father that Mitchell was dead.
"It took a while to sink in, I didn't have time to process it right away," said Knisley.
At that time, Knisley said she was told Mitchell drowned. She recalled her family having to move Mitchell's funeral services from a local funeral home to a church because "there were so many people and so many flowers."
She described the aftermath of Mitchell's passing as "everyone grieving separately" and that she had nightmares "for many years. It was terrible."
Knisley and Mitchell's parents divorced in 1980, and both passed away in 2012.
In cross-examination, Knisley said to her knowledge, Mitchell did not have a boyfriend. She described her sister as a trusting person, but noted that it would be very unusual for Mitchell to get into a vehicle with two people she didn't know. Knisley also testified that she had never heard of Bandy or Lehman prior to their arrests.
The state's second witness was Doug Dukes, who was an Indiana State Police trooper at the Ligonier Post in 1975. He said he was told to go to Mallard's Roost on Aug. 7, 1975, due to the discovery of Mitchell's body.
He recalled searching nearby roads for evidence and blocking a road off to prevent traffic from coming to the scene. Photos of the crime scene were also presented to Dukes, with Dukes recalling Mitchell's pants being unzipped and inside out. Dukes testified that no evidence was found while officers searched the roads.
Dukes was asked to escort Mitchell's body to Goshen Hospital, where an autopsy was conducted. He testified about noticing slight, identical bruises on Mitchell's shoulders and that her underwear was stuffed into her pants.
The last involvement Dukes had with the case was on Aug. 6, 1976. At that time, he was asked to hide under the Elkhart River bridge in hopes that the possible suspect would return to the crime scene for the one-year anniversary of Mitchell's murder. No one came to the scene.
John Ramsey, the state's third witness, was Noble County's coroner at the time of Mitchell's death. He said the immediate cause of Mitchell's death was listed as drowning, with the manner being marked as undetermined. Ramsey said at that time, it was unknown if her death was accidental or a homicide.
He testified about a hemorrhage on the left side of Mitchell's head and said she could have been rendered unconscious because of that injury. Ramsey also noted hemorrhages to Mitchell's pectoralis major muscles, which showed she "very, very, very, very, very, very violently attempted to use those muscles in response to high stress."
A medical report also showed sperm cells were discovered in a vaginal smear obtained from Mitchell's body. Ramsey said there were not enough sperm cells found to determine a blood type from them.
Bill McDonald and Ricky Johnson both testified about Bandy making statements about his alleged involvement with Mitchell's murder. Both men hung out with Bandy prior to and after Mitchell's death.
McDonald could not pinpoint an exact date, but recalled riding around in Bandy's vehicle in the Ligonier area after Mitchell's death. During that car ride, he alleged Bandy said, "That girl they found at Mallard's Roost? I did that."
McDonald said he was 15 at the time and didn't first report the statement until 2001 after he matured and wanted closure.
"In 1975, I didn't know what to think at the time," said McDonald. "I wish I would have said something right away."
Johnson said he, Bandy, Lehman, and several other friends were out drinking alcohol and smoking marijuana near Diamond Lake's boat launch. During that time, Bandy told Johnson he and Lehman were the ones who killed Mitchell.
Indiana State Police Detective Arthur Smith was first made aware of the case in December 2022 after being asked to obtain a DNA sample from Bandy since it was believed he was a suspect. His additional work included interviewing McDonald, Johnson, and Lehman. He also received a DNA sample from Lehman as well.
Lehman took Smith to various locations where he alleged he and Bandy took Mitchell. These locations included Epworth Forest Road, a drive near Tri-County Fish and Wildlife Area, and Mallard's Roost.
Sharon Pollock, an ISP forensic DNA analyst, said she examined underwear collected from Mitchell's body. A Certificate of Analysis from February 2020 resulted in two DNA samples from the underwear's crotch area, both registering to one unknown male. At that time, the collected DNA profile was inputted into the Combined DNA Index System.
A Certificate of Analysis from January 2023, which included buccal swabs from Bandy, showed Bandy was 13 billion times more likely to be the contributor of the DNA found in Mitchell's underwear than any other unknown person.
In cross-examination, Abbs asked if there was a way to determine if the DNA was directly or indirectly placed in contact with Mitchell's underwear. Pollock said she couldn't determine how the DNA ended up there.
The state's final witness was ISP First Sgt. Kevin Smith, who serves as the team leader for ISP's cold case unit. Kevin said he has an interest and passion for cold cases, voluntarily taking a lesser rank in order to be involved with the unit.
With Mitchell's case, Kevin said his work began by reading the entire case file, and issuing news releases and speaking with local media about the case. If the media publicity resulted in tips, Kevin said he interviewed those individuals.
Because of the evolution in DNA testing, Kevin said Mitchell's items of clothing collected from her person the date of her death were resubmitted for testing. He testified that Bandy became a person of interest in 2014.
In February 2023, when warrants were issued for Bandy and Lehman's arrests, Kevin said he went to Goshen and interviewed Bandy prior to his arrest. Before the interview occurred, Bandy was not told there was a warrant for his arrest in Mitchell's murder.
The interview was recorded and played in the court. In the interview, Bandy said he owned an Oldsmobile and listed several individuals he used to hang out with, including Lehman, Johnson, and McDonald. He told officers he went to Adventureland once or twice. When asked if he knew Mitchell, Bandy said he did not.
As the interview progressed and officers told him about Mitchell's murder, Bandy requested an attorney and said several times, "I'm frightened."
Recorded testimony and deposition from Lehman were presented to Noble Circuit Court Judge Michael Kramer for review. Those videos were not played in court.
No evidence was presented on behalf of Bandy's defense.
Both Haynes and Abbs focused parts of their closing statements on Lehman's testimony.
"The statements made by Fred Bandy are wholly inconsistent with what you will hear from John Lehman," said Haynes to Kramer.
She recalled additional evidence presented, including the DNA profile and statements provided by Johnson and McDonald.
"The deposition from John Lehman will fill in the gaps of why Laurel Jean Mitchell had sperm cells in her vaginal smear, of the sexual assault that took place, and about how Fred Bandy took Laurel's life," said Haynes. "Tell me how Fred Bandy didn't know Laurel Jean Mitchell ... how was his DNA in her underwear? That's certainly evidence of his presence."
Abbs said the state had not proved Bandy was present when Mitchell's murder occurred and noted Lehman's testimony was contradicted several times.
"When you listen to John Lehman's explanation, he never admitted to any wrongdoing whatsoever," said Abbs. "The critical evidence is John Lehman's testimony and if that's contradictory to other testimony, the state has not proved its case."
"Fred Bandy, thank God, couldn't keep his mouth shut," said Haynes in her final closing statement. "He was boastful about this."
Haynes said Lehman testified that Bandy told him, "If you tell anyone about (the murder), I will kill you and your mother."
"Fred Bandy talked about how he was frightened," said Haynes. "How frightened do you think Laurel Jean Mitchell was when he was holding her underwater and she was violently struggling to survive? Fred Bandy is responsible for this crime.”