Baldemar Robles took the witness stand Thursday crying and visibly shaken.
He looked up, wiped his eyes and took the advice from his attorney Christopher Kehler. He pleaded the Fifth Amendment to not testify and self incriminate himself.
Robles, one of the five arrested at a home at 5290 N. Ind. 15, Leesburg, was called as a witness by defense attorney David Kolbe. Robles, with his federal defense attorney Zach Witte, and his local lawyer, Kehler, present chose to plead the Fifth Amendment to not self incriminate himself in other cases.
Prior to Robles taking the stand, a Warsaw police officer testified for the State of Indiana. Chief Deputy Prosecutor R. Steven Hearn asked the officer how he had knowledge of the incidents on Feb. 26.
“I met Lara Cruz on Levi Lee Road, north of Warsaw,” the officer said. “He was visibly shaken, he said Baldo, which we knew to be Baldemar Robles. He said he was at Los Gordos and was invited to a party. Fernando had taken a little bit of cocaine from Baldo and was invited to Baldemar’s home. At some point they accused him of being a police informant. It became physical and they were going to tie him up and make a piñata out of him. He fled east through the gravel pit to a home on Old. Ind. 15.”
The officer informed the jury and those in the courtroom that he went to the home of Robles and found large amounts of cash, marijuana, cocaine, ledger and a gun.
“Inside a black and silver box on the floor there was $1,560,” the officer said. “In a purse there were large amounts of currency in different areas. In a different purse there was a large money roll and $4,667.”
In total, the officer testified that there was more than $26,000 in cash found at the home. Hearn then asked the officer if he had investigated the Gonzalez family for drug trafficking in Kosciusko County previously. The officer said yes. Hearn then asked what the significance of $26,000 in cash was.
“I determine their jobs and their lack thereof. There were some forms of employment. There is no way that would equal the amount that was found at the residence and the lifestyle they were living,” the officer said.
“There was a ledger found,” the officer said. “Inside the ledger was written Raymond, one pound, $1,100. Old bill, past debt. There was also the number 1390 written in the ledger. We later found that there was a male subject at the scene who had exactly $1,390 on his person.”
The officer also testified that he found documents inside the home that were Gonzalez’s.
“There were bank statements, title work in his name, custody paperwork. Various documents and bills in his name and court documents,” the officer said. “There were forty-something documents located in the home.”
Hearn went on to dig deeper into the history that Gonzalez had at the home. Hearn asked the officer how many times he had seen Gonzalez at the residence and what vehicle he saw him driving.
“Being generous I would say he has been there 15-plus times,” the officer said. “He has driven a Lincoln Navigator or a Chevy Impala, bother were at the residence (the night Gonzalez was arrested).”
Hearn asked the officer if Gonzalez had said anything him that made him fear for his life. The officer said yes.
“He said I’ll see you around,” the officer said. “You’re on the list. You (expletive) with the wrong person. With the nature of the job I’m in and the type of investigations I make every day, I take every one of these threats seriously since I have children and a wife at home.”
Kolbe cross examined the officer, asking him if he found any cocaine on his person or in his vehicle.
“I did not find cocaine on his person, because I did not search him,” the officer said.
Kolbe went on to ask the officer if there was any blood drawn from Gonzalez to show he had used cocaine or drugs that night.
“No one drew his blood,” the officer said.
Kolbe later called Laura Gonzalez to the stand. He asked Laura if she knew who owned a building in Cromwell with an apartment in it and an empty space on the first level.
“My mother owns the building,” Laura said. “There is an apartment in it. Nothing in the bottom of the building.”
Kolbe then asked Laura if she knew who lived in the apartment.
“Ivan lived in that apartment,” Laura said.
Kolbe later asked if Ivan was a good father and if he would ever knowingly put his kids in danger.
“He is a good dad,” Laura said. “No (he would not put his kids in danger).”
Hearn cross examined the witness and asked her what the address of the apartment in which Ivan lived in was.
“224-1/2 N. Jefferson St., (Cromwell),” Laura said.
Hearn then asked who lived at 346 N. Jefferson St., Cromwell, because that is the address that Ivan gave to police. Laura said that was Ivan’s ex-wife’s house.
After all witnesses had been called, Kolbe made a motion to dismiss count two of Intimidation against Fernando Lara Cruz. He argued that Lara Cruz was not available to talk about that night and it was unclear as to what Lara Cruz’s prior lawful act was that the state had to prove by statute.
