Judge Orders Deposition, Officers' Names Released in Warren Trial
Posted
Craig Brosman-
Just days after Kosciusko County Superior Court I Judge Duane Huffer granted a continuance for the Bill E. Warren trial, both sides were back in court this morning.
At the hearing Huffer ordered a deposition be taken from the daughter of the alleged victim and that the names of officers who helped find Warren, 35, North Manchester, be released to the defense.
At 9:15 am. both Kosciusko County Prosecuting Attorney Dan Hampton and defense attorney Alan J. Zimmerman met in Kosciusko County Superior Court I for a protective person hearing.
Huffer asked Hampton to speak on behalf of the state first. Hampton highlighted the defense’s motion to continue and how the protective person statute affects the case.
The protective person statute allows for a protected person’s statements on a video to be admissable in court. The statute only is applicable in certain cases. The reason why it would be admissable in this case is because the person in question is less than 14 years old and the case is a confinement case.
Additionally the videotape is admissable if the person in question is unable to understand the nature and obligation of an oath. In this case the young girl is five years old and she was only three when she witnessed the alleged incident.
“As highlighted in the defense’s motion to continue, the state never intended to use the protective person statute, therefore the defense does not need a 10 day notice that it will be used,” Hampton said.
Much of the hearing was about the daughter of the alleged victim of the Aug. 30, 2010, incident where Warren allegedly abducted a woman and her daughter, locked them in the trunk of his car, then sexually assaulted the mother and fled from police.
Hampton hit a few other topics before allowing Zimmerman to speak.
“As for the witnesses the defendant indicates that the state listed apprehension officers. Apprehension officers are those officers who helped in search and capture of Warren,” Hampton said. “Apprehension officers were merely used to supplement the detectives.”
Hampton concluded, “There was no surprise to the defendant. The only surprise today is with the protective person statute.”
Zimmerman fired back at Hampton, saying that what happened in court was a surprise to him.
“There has been nothing but surprise in this case. Surprise, we are re-litigating the motion to continue that has already been approved. Surprise, we are not here for a protective person hearing,” Zimmerman said. “I was told the little girl would not testify. Surprise, I am told here at 9:30 a.m. this day that she will be testifying.”
Zimmerman concluded by saying, “We were here for the protective person hearing, everything else was a surprise.”
Huffer then asked Hampton if he had something to say as a rebuttal.
“The state never needed a protective person hearing, because the state was going to have her testify all along,” ‘Hampton said.
Zimmerman then responded with a request to the court.
“Now that I know she will testify I need to have her deposition taken. I need to know who the apprehension officers are so I can make a decision on those,” Zimmerman said. “I can anticipate the only item of discovery needed is to schedule her deposition.”
Huffer then ordered that the young girl’s deposition be taken and that Hampton supplements the exhibit list with the names of the apprehension officers.
At the end of the hearing Huffer asked Zimmerman if he had everything he needed for the trial.
“We have taken an unexpected turn here, but that is the only thing I know I need to be ready for trial.”
The trial was rescheduled for Nov. 13 - 15.
Warren is charged with 27 counts, and if convicted on all charges could serve more than 400 years in prison. Warren is facing charges of strangulation, sexual battery, criminal confinement, battery resulting in serious bodily injury to a person under the age of 14 and resisting law enforcement.
