Real Crime Stories/Paranormal Hauntings

The Abuse, Torture, and Murder of Sylvia Likens (Part II)

Indictments

On December 30, 1965, the Marion County grand jury returned first-degree murder indictments against Gertrude Baniszewski and two of her three oldest children: Paula and John Baniszewski Jr. Also indicted were Richard Hobbs and Coy Hubbard. All were charged with having repeatedly struck, beaten, kicked, and otherwise inflicting a culmination of fatal injuries to Sylvia Likens with premeditated malice.

Three weeks prior to the filing of the indictments against the five defendants, Stephanie Baniszewski had been released from custody upon a writ of habeas corpus bond, with her attorney successfully contending the state had insufficient evidence to support any murder or culmination of fatal injuries charges against her. Stephanie waived her immunity from any potential impending prosecution while agreeing to testify against her family and any other individuals charged with abusing and murdering Likens.

"She (Paula) represented the situation as one in which the girl Sylvia had become quite withdrawn and negativistic in her behavior to the extent that she refused to eat and showed no response to pain."--Section of Paula Baniszewski's psychiatric evaluation detailing her indifference to Likens' mistreatment, February 1966.

At a formal pretrial hearing held on March 16, 1966, several psychiatrists testified before Judge Saul Isaac Raab as to their conclusions regarding psychiatric evaluations they had conducted upon three individuals indicted upon Likens' murder. These experts testified that all three were mentally competent to stand trial.

Trial

The trial of Gertrude Baniszewski, her children Paula and John, Richard Hobbs and Coy Hubbard began on April 18, 1966. All were tried together before Judge Raab at Indianapolis' City-County Building.

Initial jury selection began on this date, and continued for several days. The prosecution consisted of Leroy K. New and Marjorie Wessner, who announced their intention to seek the death penalty for all five defendants on April 16. They also successfully argued before Judge Raab that all the defendants should be tried together as they were ultimately charged with acting "in concert" in their collective crimes against Likens and that as such, if each were tried separately, neither judge nor jury could hear testimony relating to a "total picture" of the accumulation of offenses committed.

Each prospective juror was questioned by counsels for both prosecution and defense in relation to their opinions regarding capital punishment being a just penalty for first-degree murder and whether a mother was actually responsible for the "deportment of her children". Jurors who expressed any opposition to the death penalty were excused from duty by Leroy New; any who either worked with children, expressed prejudice against an insanity defense, or repulsion regarding the actual horrific nature of Likens' death, were excused by defense counsels.

Gertrude Baniszewski was defended by William Erbecker; her daughter Paula was defended by George Rice. Richard Hobbs was defended by James G. Nedder; John Baniszewski Jr. and Coy Hubbard were defended by Forrest Bowman. The attorneys for Richard Hobbs, Coy Hubbard, Paula and John Baniszewski Jr. claimed they had been pressured into participating in Likens' torment, abuse, and torture by Gertrude Baniszewski. Gertrude herself plead not guilty by reason of insanity.

Testimony

One of the first witnesses to testify on behalf of the prosecution was deputy coroner Charles Ellis, who testified on April 29 as to the intense pain Likens had suffered: stating that her fingernails were broken backwards, numerous deep cuts and punctures covered much of her body, and that her lips were "essentially in shreds" due to her having repeatedly bitten and chewed upon them. Ellis further testified that Likens had been in an acute state of shock for between two and three days prior to her death and that Likens may have been in too advanced a state of shock to offer much resistance to any form of subjected treatment in her final hours, although he emphasized that aside from the extensive swelling around her genitalia, Likens' body bore no evidence of sexual molestation.