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Desmond Turner

Uncut Live Updates From Desmond Turner Trial

6News Will Provide Live Updates Throughout Trial

POSTED: 11:34 am EDT October 12, 2009
UPDATED: 6:01 pm EDT October 22, 2009

Oct. 22, 5:15 p.m. update:

Family of victims say verdict brings peace. Sister of Emma Valdez says "I will pray for Desmond because I'm not like him."

Neighbors on Hamilton Ave. say they're relieved that Turner was found guilty.

Oct. 22, 4:50 p.m. update:

Judge finds Turner guilty on all counts. Turner's mother runs sobbing from courtroom.

Oct. 22, 3:10 p.m. update:

Defense Attorney Brent Westerfeld's closing argument:

Said no one in the neighborhood said Turner did the crime, immediately after the crime.

Rambling, slow argument.

Brandon Griffith gave 3 statements. Changed story each time to implicate Desmond turner.

Prosecutors threw seasoned homicide detective Tom Lehn under the bus.

They let him testify that Lehn and Wager threatened and harassed him and made him say, what they wanted him to say.

On 3rd statement June 15th he said he saw Mario, Emma and Flora at the bank.

“There was a rush to judgment.” “No DNA, no fingerprints, nothing.”

No physical evidence, no DNA

“They don’t have any physical evidence connecting Desmond Turner to the worst homicide in Indianapolis history.”

Oct. 22, 2:30 p.m. update:

Closing arguments begin:

Deputy prosecutor Jana Skelton begins talking about Desmond Turner: “He gunned them down in their own home, including three kids in the back bedroom.”

Mario Albarran is Magno’s brother. Multiple counts of robbery and murder Alberto Covarrubias was kicked or hit in the left ear. Defendants dropped his wallet outside when they fled. 7 counts of confinement.

“He was there to confine and rob. He didn’t have to do what he did to those people.”

Flora was pulled in the front door. Magno had his baseball cap shot off his head, when he went inside to save his family.

“They wanted to find the money.” He was there to make money he was gonna hit a lick. When Magno walked in with that gun, his plans changed.”

“Everyone in that house had to be eliminated.” Count 10 is felony murder on Magno. “They knocked over furniture and ransacked that house.”

“Twenty-times that AK-47 was fired. A deliberate and conscious choice.”

Count 7 is the deliberate murder of Luis Albarran. “He literally blew his skull off.” David Covarrubias had 8 gunshot wound inflicted to his body.

Alberto Jr. 3 gunshot wounds. Gunshot wound to the back of his head, intending to kill him. Flora Albarran was shot down in her tracks trying to save her son.

Magno had 5 gunshot wounds when he came to the rescue of his family. He was lying on the ground dying, and James Stewart puts a revolver to his head and shoots him again.

Emma Valdez suffers 5 gunshot wounds. She was originally on her knees. When she was down on the ground she was shot one more time, and that was the fatal wound in her buttock.

Alberto found lying next to Emma Valdez suffers 4 gunshot wounds. “ With each pull of the trigger there was an intent to kill.” “He knew what he was inflicting.”

Turner turned himself in on June 3rd. The defense tried to suggest someone else did this. “Not even close…

Editor's Note: We've had some Internet connection issues again today. Here's a synopsis:

3rd defense witness -- Dennis Long -- lives @ 540 North Jefferson and knows Mario Albarran.

“First thing I heard was like someone kicking in a door.”

4th witness -- Mario Albarran testifies. He tells about a feud that he had with other neighborhood residents.

Mario was arrested in a fight with those neighborhood residents. Incident occurred April 15th 2006.

Cross exam -- Mario moved out of his mom’s house in 2004.

5th witness -- Jennifer Scott. She is Mario’s girlfriend and has a child with him.

Girls in neighborhood had a feud with her, too and confronted her about six months before the slayings.

6th witness -- Sharon Scott is Jennifer’s mother -- brown hair, black blouse, red print blazer.

June 1, 2006 -- she was in Martinsville where she lives and Jennifer called her upset.

Defense was trying to suggest that Jennifer’s ex-boyfriend who has two kids by her, somehow knew about the slayings and called her just after them to see if his kids were OK.

Dr. David Foran teaches forensic biology at Michigan State -- Director forensic of biology lab at Michigan State -- does stain identification and DNA.

He is testifying about the bathtub washing of Desmond Turner’s clothes.

Oct. 22, 9:40 a.m update:

Defense first witness was Bessie Swartz (Deina) -- lives at 550 North Hamilton Avenue and has been on that street 36 years.

On June 1, 2006 Bessie said she went to Speedway gas station on Michigan Street at 8:40 p.m. and saw Brandon Griffith in the store.

She says Brandon touched her hair and greeted her and asked if Mario was my brother. He referred to my hair being darker. She is not related to Mario.

On cross examination, Bessie said she saw Desmond Turner in the Speedway, too, and said that Brandon and Desmond seemed to be together.

She said Brandon and Desmond appeared to be startled and Bessie sent her daughter to the car.

The second witness is Pleas (Paul) Raines, who lives on Jefferson.

He says he knew Mario Albarran, who lived in the house at 560 North Hamilton Avenue.

On the night of the crime, ”We heard what sound like plywood being kicked.”

He said he heard smaller shots and called 911 at 10:05 p.m.

Said he saw children running and that one of them was Brandon Griffith.

Up until 11 p.m. there is usually children playing. “This night nothing was stirring.”

“I called because of the gunshots. Something was wrong.”

Raines said he went to Mario’s house to tell Mario about what was happening. Mario came to the door.

He says he didn't see any cars in the alley.

Oct. 21, 3 p.m. update:

Michael Putzek, supervisor in Marion County Crime Lab, continues his testimony.

Made some identifications. Copper-colored jacket fragment based on side-by-side analysis.

7.62 bullets all fit into a category of 30 caliber bullets. A series of these bullets were fired from the same firearm. These bullets could have been fired in guns made by 8 different manufacturers.

Prosecutor handed him a type of rifle that could have fired the bullets. It is a Chinese SKS. Putzek displayed it for the judge. He confirmed that bullets could have been fired from that gun.

Some of other casings that were recovered could not have been fired from the SKS, they could only have been fired by a handgun. Most likely a 357 caliber Smith and Wesson revolver.

Examined a shotgun, too.

According to Putzek, the minimum number of firearms used in the crime is two. An AK-47 or Sks type rifle , and a revolver that uses 38 caliber type ammunition.

Oct. 21, 1:10 p.m. update:

Michael Putzek, supervisor in Marion County Crime Lab, is the first afternoon witness.

He specializes in firearms and has been a forensic scientist for 18 years.

Has has testified in court about firearms identification more than 100 times.

He says it's rare to compare discharged cartridges to bullets, but it is possible to compare cartridges to cartridges and bullets to bullets.

Former supervisor David Brundage (not sure of spelling) originally worked on this case. He left the agency in 2007.

Putzek reviewed all evidence in this case. Standard procedure to re-work case where employees leave, or are unavailable to testify.

Putzek examined 23 ,7.62 discharged cartridge casings examined them in June 2007.

Originally did not have a gun to compare them to -- looked at class characteristics, and then individual characteristics.

Looked at firing pin impression, looked at extractor and injector marks.

Looked at firing formed chamber marks. Did not have a weapon from a crime scene to compare cartridges.

Cartridges would come from an AK-47 or SKS type weapon. Spent cartridges could travel up to 50 feet.

Oct. 21, 10:47 a.m. update:

Vanbuskirk continues testimony. She left the crime scene and went to the homicide office.

She said she also tried to find Turner and talked to his mother.

Sgt. Mark Hess started looking for Turner and was interested in talking to Brandon Griffith.

Oct. 21, 10:29 a.m. update:

On June 5, 2006, Desmond Turner did an interview with WISH-TV's Anthony Ponce.

The prosecution submitted it into evidence, but the tape malfunctioned (no audio), so the judge said he would listen to it later.

Next witness was Leslie Vanbuskirk -- a homicide detective

She described what happened when she arrived on scene. She says she went in house with crime lab tech Michael Taylor.

She walked through entire first floor, saw multiple shell casings, numerous bone fragments, etc.

She began formulating plan to process the scene.

Detective Jeffrey Waters was ordered to talk to immediate neighbors to find out who the victims were and determine possible next of kin.

Witnesses were taken to Michigan & Randolph in the MECA van, where they were questioned.

At 11 p.m., Detective Tom Lehn told Leslie he was going to another location to interview a witness. He said he had got the name of a possible suspect named Des, or Desmond Turner.

Leslie says she talked to Mario Albarran at the scene and that 25-30 neighborhood people were milling around.

She stayed at crime scene until about 6 a.m, mostly directing other people and fielding questions, she testified.

Leslie has been a police officer in Indy for 24 years.

“I had never scene a crime scene like this.”

Lselie was asked about the condition of upstairs area.

“It was ransacked,” she said. Cushions were tossed about things were where they would not normally be.

She asked crime lab to test for fingerprints everywhere and asked pathologist to come to the crime scene to help them with their autopsies.

Dr. Jennifer Swartz came to the scene.

Lehn told Leslie he had an ID and it was Desmond Turner. He got that name from Aaron Schwartz, she said.

Oct. 21, 9:58 a.m. update:

Michael Rains works at Pendleton Reformatory as an internal affairs supervisor. He investigates suspicious mail, among other things.

He says Turner tried to send out a letter. Rains notified superiors and prosecutor.

Rains says lost the original, but there was a faxed copy available.

Rains says suspicious mail is anything having to do with trafficking, threatening, or having to do with crime.

The defense objected to introduction of letter into evidence, citing chain of custody and relevancy issues.

Desmond Turner was mailing this letter, which said, “This is the paperwork I told you I was gonna send you.” Don’t let it get away from you.”

It is a photograph of a man and a child holding weapons. One of the photographs is of Brandon Griffith. It also says, ”stop snitching.”

During cross examination, Rains says the letter is addressed to a woman in Indianapolis, with a greeting "hey love."

It says, “Why would you put stop snitching if you don’t commit the crime?”

Rains admitted, ”No conduct report was filled out. No receipt was issued to inmate.”

Oct. 21, 9:36 a.m. update:

Cross examination of David Smith, who is blood and DNA specialist for Marion County crime lab, is ongoing.

Cross says he met with detective before he began his search for evidence and DNA so he would know the best places to look.

Looked at Turner ‘s brown knit hat in search of blood in 9 different places -- did not find any blood on Turner's hat.

Water sample from tub was negative for blood.

T-shirt that was floating in water was tested. It was negative for blood. Desmond Turner’s DNA was on his own shirt. Smith admits that is not unusual.

Blue jeans that came from tub were tested. Jeans were negative for blood.

Items that were not submitted into evidence from car Desmond Turner drove include brake pedal cover that was tested -- no stain, no blood.

Accelerator pedal was tested -- no stains, no blood.

Turn signal handle -- no stains, no blood.

Gear shift -- no stains, no blood.

Drivers side seat cover -- no blood.

Passenger seat back -- no blood.

Passenger seat front -- no blood.

Dashboard -- no blood.

Bath tub drain -- no blood.

Smith told prosecutors in August of 2007 there was no blood on those items.

Under redirect, Smith said if there had been blood in the drain, the water would have likely washed it away.

Oct. 20, 3:15 p.m. update:

David Smith says pieces of hair and tissue from the tan Timberlane boots indicate DNA from a unknown female. Drain assembly DNA was inconclusive. Colts T-shirt DNA matched James Stewart.

Dodge Intrepid red sweatshirt DNA analysis major mixture unknown male, minor inconclusive.

DNA testing of Nike shoe matched Emma Valdez. DNA testing from left shoe matched Luis Albarran.

DNA testing from cigarette butts came from unknown female.

DNA testing matched Desmond Turner

Judge is going to go view 560 N. Hamilton Ave.

Oct. 20, 2:05 p.m. update:

David Smith says he has specialized training in DNA analysis and has done thousands of DNA analyses. He says he has done serology testimony in federal court and state court.

Smith explains four steps of DNA testing -- extraction, quantification, amplification, determination.

Describes 13 DNA molecules. A match means they match dna from all 13 areas. A mixture is when there is DNA from more than one source.

You can get DNA from the clothes of someone who has worn them..

Identified blood tube of James Stewart, and Desmond Turner and made dried blood stain cards to be used in analysis for both those guys.

Made cards for all the victims too.

David Smith puts on gloves and examines shoes he tested for presence of blood. Did not find blood on shoes, he says, but did find hairs and tissue for DNA analysis.

Photographs of shoes (tan Timberland boots) were submitted into evidence.

Examined black shorts did not find blood on shorts. Examined black belt did not find blood on belt. Examined Nike tennis shoes did not find blood on tennis shoes.

Examined speaker screen from automobile. Tests were negative for blood.

Examined piece of hat and test was negative for blood. Examined a red sweat shirt it was negative for blood.

Oct. 20, 1:20 p.m. update:

The first afternoon witness is Michael Taylor, crime lab technician.

He processed the red GMC truck. He photographed and fingerprinted truck. Items he collected from truck, white plastic cap, bowie knife, brake pedal cover, accelerator pedal. Steering wheel, turn signal handle. Gear shift, steering post cover, seat covering, seat trim, door panel, dash board below cup holder, cigarrette butt from the ashtray. Placed them all in the IMPD property room.

He never found identifiable blood.

Taylor says he took photos of Purple 1997 Dodge Intrepid and processed it. Did it 2:47 am on June 6th 2006. He thought he saw there was blood, including a possible blood stain on the speaker screen, a piece of front seat fabric, the plastic covering steering column. He was never able to identify any blood.

Cross Examination -- Took anything that looked like blood. Yes.

Several stipulations submitted into evidence from various crime lab technicians.

Recovered Turner’s shoes, belt, and shorts, on the day he was arrested

The next witness is David Smith, crime lab employee who analyzes biological stains, including blood work and DNA work.

Editor's Note: The connection from the courtroom has been sporadic today. Here's a synopsis of the morning testimony.

First witness – Detective Tom Figura, who was dispatched to look for a vehicle possibly linked to the slayings.

Figura says he did find a pickup truck in the 1100 block of Rural Street. At first, he didn’t think it matched up.

Figura testified that he later found out it was the truck being sought. They secured the truck by not letting anyone come near it.

Guards were posted in near the truck, which was at Michelle Clifton’s house.

Figura said he knocked on the door, but no one was home.

The second witness is crime scene specialist Mark Wallace, who has been doing that job for nine years.

On June 2, he went to 1115 N. Rural Street at 8:48 pm. Detective Lehn told him to photograph the scene. He left scene at 10:02 pm.

Wallace described photographs on screen in front of judge. He says the house was neat except for kitchen.

Garbage and clothing items were spread all over the kitchen.

He says he found a 7.62 bullet at the house and found other live cartridges in kitchen.

Blue jeans and a T-shirt were recovered in the bath tub. In photos, one can see water in tub and garments in the tub in bathroom.

He recovered a brown bottle -- plastic bottle that said hydrogen peroxide, recovered a white bottle too. It was isopropyl alcohol. It was one third full, Wallace says.

He took a water sample from the bath tub, but did not take the temperature of the water.

He says the jeans wet, waist size 34. Letter E was on the jeans. Bath tub was approximately half filled with water.

The T-shirt was blue in color, the size was 2XL. It was inside out.

The water in the water sample was basically clear. Items were taken to the crime lab where they were processed.

He tried to get fingerprints off the items collected -- got what he thought were fingerprints off the hydrogen peroxide bottle, but he is not a fingerprint expert, he says.

It was passed on to fingerprint expert. All those items were admitted into evidence

Cross exam by Lorinda Youngcourt -- asked Mark Wallace about brown hat he recovered from 1115 North Rural.

Asked Wallace to look at bathroom pics, towel on floor, alcohol bottle, mouthwash bottle, hydrogen peroxide -- all on the floor. Hydrogen peroxide bottle is 2/3 full -- got fingerprints off bottle, Wallace says. Alcohol bottle is about 1/3 full -- could not get fingerprints off it.

Never went into another bedroom and got no fingerprints on any of the bullets that were recovered.

During redirect, Wallace said it is rare to get fingerprints on a live round, or spent casings.

Next witness is Douglas Boxler, crime lab firearms specialist.

He says he went to 1115 North Rural and met with Detective Jeff Wagers to search for blood in bath tub drain area.

Displayed photos of basement drain scene. Collected possible blood sample.

Next witness is Dirk Shaw -- crime lab specialist. He says he could not test for hydrogen peroxide presence. There is no test do that.

He says he did test items for presence of isopropyl alcohol, but did not find any. It does not not mean it was never there, he testified.

Alcohol is a volatile compound it could evaporate quickly when mixed with water, he says.

Note: Some of the testimony below is graphic in nature.

Oct. 19, 2:42 p.m. update:

After she went to barbecues, Clifton says she got home around 10 p.m. and heard a friend, Alesia, beating on the door at about 7:30 a.m. She said she saw Desmond laying at the foot of her bed.

Then, she testified she saw Desmond’s pic on TV with information that he was wanted in the killings.

“He looked at it and walked back and forth, started backing out the door,” she testified. "I was scared."

Clifton says Desmond got in back seat of Alesia’s truck. Desmond said he wanted to see his mother, but never found her, she testified.

After that, they went to Alesia's mother's house, and Desmond wanted to go to Kentucky, Clifton testified.

They got into another car and made it to Kentucky.

Michelle says she told Desmond, “If you did anything, you should turn yourself in.” Des never said anything about what happened, she testified.

Desmond talked to someone on a pay phone through a car window, Clifton says.

Finally stopped at a hotel -- Desmond told Michelle to go get a room, she said.

She did not tell anyone at hotel about Desmond because she was afraid for Alesia’s welfare.

Desmond talked to two people in car, a man and a woman. Michelle says she did not hear what they discussed.

Drove around to the room from theoffice. All three went into room, turned TV on and saw Desmond was on TV. Desmond then turned the TV off.

Michelle said she called her son, and said she was out of town. The son told her that police were at the house looking for Desmond.

“I told him I wanted to go home. He wanted me to take him to Alabama. I said, 'No."” We all went to Kentucky Fried Chicken.

After food, Desmond told them it was time to go. He fell asleep, and they headed back north, to 30th Street and Post Road.

Oct. 19, 2:20 p.m. update:

Detective Tom Lehn cross examination.

Admits that a number of witnesses identified Desmond Turner from a photo array, but only Brandon Griffith actually saw Turner go inside 560 North Hamilton.

Turner surrendered on June 3.

People were receiving phone calls from Michelle Clifton on the day after the murder. She is Turner’s friend.

Brandon Griffith gave police three different statements. You never told Brandon Griffith what to say did you? “No, I didn’t.”

“Did you tell him he was gonna go to jail?” “No, ma’am.”

Lehn testimony is over.

Michelle Clifton is witness. She is 40 years old. She lives at 1115 North Rural.

She is Desmond’s friend. Month before this happened, Desmond started coming around. He would spend the night sometime.

Not sure where Desmond was living , but he had clothes in his car.

She let him used her truck. Saw Desmond with a gun, about a week before murders.

“It was sitting on the bed.” I asked him to take it out and he said, "Yes."

On the day the murders did he use your truck ? “Yes.”

Michelle says she went to a couple of barbecues with a friend the day of the murders.

Oct. 19, 10:45 a.m. update:

David Covarrubias, 8, suffered eight gunshot wounds, Swartz said. Gunshot A hit him on front of left shoulder and was fired from a range of greater than several feet. He was probably lying down on his left side, Swartz said.

There were two exit wounds as the high-velocity bullet fragmented. This wound wouldn’t have been fatal.

Gunshot B entered his left nipple and traveled through the upper lobe of his lung, heart, 10th rib, and exited left side of back. Some bullet fragments were recovered. This would have been a fatal shot in a couple of minutes, Swartz said.

Gunshot C hit the victim's hand. Gunshot D-1 struck the back of the right hand and traveled through hand -- exited on palm right ring finger.

Gunshot D-2 was also on the hand. It was a very large and irregular wound, likely caused by a bone or something else, Swartz said. It was fired from a distance greater than a couple of feet.

Gunshot E was a grazing wound on shoulder. Gunshot F was a deep grazing wound to right side of mouth and cheek, caused by a bullet that had passed through something else, maybe his hand, Swartz said. That shot also could have been fatal.

Gunshot G entrance on front to right shoulder, exited the right shoulder. Also consistent with a high velocity weapon. David was wearing bracelet on wrist.

Toxicology was negative for drugs and alcohol for David and Alberto.

His cause of death was multiple gunshot wounds.

Oct. 19, 10:22 a.m. update:

Alberto Covarrubias Jr., 11, suffered three gunshot wounds. Gunshot A was to back -- closely fired at 6 to 12 inches.

The victim was found face down, and a high-velocity weapon was used, Swartz testified.

An exit wound was found in the front left shoulder.

Gunshot wound B deep grazing left cheek injured skin and soft tissue -- started at ear and traveled toward the mouth. It formed a deep trench on his face, Swartz said.

Gunshot C wound was to the back of the head. The bullet entered the skull. It was an immediately fatal wound, Swartz said.

Oct. 19, 9:58 a.m. update:

Flora Albarran sustained 4 gunshot wounds. There was a gunshot to her face by her jaw line, in which evidence of gun powder was found, Swartz said. It was a close range wound -- six to 12 inches.

The bullet passed through facial sinuses and cheekbones and fractured the base of the skull. There were tears in the brain, Swartz testified.

She was likely standing when she was struck by the high-velocity bullet, Swartz said.

Bullet fragments were recovered from Flora’s body. The wound could have been fatal, according to Swartz.

Swartz says this was likely the first shot because the other bullets went through spinal cord and she likely would have been paralyzed.

Second gunshot was a wound to upper chest, liver, spinal cord, lung -- bullet exited the chest. Gun was within 1 to 2 feet. Gunshot B and C would have been fatal.

Gunshot wound C hit diaphragm, heart, stomach, kidney lung. Gun was within 1 to 2 feet.

Gunshot D to back of her right forearm it was a close range firing with 6 to 12 inches.

Swartz said they found money on this victim -- cause of death, multiple gunshot wounds, just like Emma Valdez.

Oct. 19, 9:40 a.m. update:

Dr. Swartz is viewing photos of wounds as she testifies. The second wound was again fired from a high velocity weapon.

Swartz said Emma was kneeling or standing when she was shot. Gunshot wound C hit Valdez in the back of the shoulder, Swartz testified. She was likely lying down -- Again a high-velocity weapons did this damage, Swartz said.

Gunshot D entered on the right side of belly button, and exited, Swartz said. Gunshot E entrance is the left buttock, and the bullet exited the abdomen, Swartz testified.

This shot would have been fatal within minutes. Valdez also had two lacerations to her head, and a contusion, Swartz said.

The contusion was cause by being struck by a a blunt object, maybe the butt of a gun.

Flora Albarran is the next autopsy.

Oct. 19, 9:15 a.m. update: Testimony is under way on day 6.

Dr. Jennifer Swartz is the second of two pathologists who did autopsies on the victims. She did four autopsies. The first was Emma Valdez, who Swartz said suffered five gunshot wounds.

The first wound was to the arm. It was shot from farther than a few feet away, Swartz said. It was a high velocity weapon that fired the shot.

Oct. 16, 2:40 p.m. update:

Radentz testifies that Alberto Covarrubias Sr. sustained four gunshot wounds, shot into eyeball. Bullet continued to base of the skull, caused large exit wound.

Oct. 16, 1:50 p.m. update:

Dr. Stephen Radentz is a pathologist and is the first witness this afternoon. Dr. Jennifer Schwartz is also a pathologist and she went to the crime scene. She is not testifying.

On June 2, they got the bodies to autopsy. Radentz took three of the bodies and Schwartz did the other four.

It took two days to complete the autopsies. Magno Albarran autopsy report submitted into evidence, along with 19 photographs.

He had facial injuries and abrasions, and gunshot wound to temple and to the top of his head -- a total of five gunshot wounds. Gunshot to temple showed searing. It was a contact wound -- gun was touching his head.

Bullet went into the brain, bullet did not exit the scalp. The bullet was recovered -- it was a large caliber lead bullet. It was the fatal shot. He was killed instantly.

Consistent with being fired from a handgun, Radentz said.

Albarran had gold rings and wallet with credit cards and $374 in cash. His stuff was not taken.

Editor's Note: We're having some technical difficulty getting live updates today. Here's a synopsis of court activity:

Frank Dodson 53, lives at 557 North Hamilton Avenue. He is the first witness of the day.

He is the father of 11 children that range in age from 8 to 31 years old.

He lives right across the street from 560 N. Hamilton, where the slayings occurred. He knew the family across the street for 10 to 12 years.

He says he spent time the day of the slayings with Alberto, who was over his house until 8 p.m.

Some kids came to Frank and said something was going to go down at the 560 North Hamilton house, he testified.

Frank says he didn’t take the comments seriously -- thought it was just going to be an argument.

He says he heard them say something about a possible robbery, but again -- he didn’t take it seriously.

He says he went outside and saw everything was calm, saw Magno pull up and pull trash can into the yard. Then, he testified that he saw Flora drive up in a green Pontiac.

She waved at Frank and ran up to the door, he said. When she got to the door, Frank saw an arm come out and pull her in.

She said, “Oh no, not my baby,” Frank testified. Magno ran up the steps, and as soon as he went in, Frank says heard gunshots.

"That night, I thought it was about 15 or 20," he said. "I went into the house and called 911. I came back out and watched."

Frank says a lady ran out of the house and came over to him crying and hysterical. She was speaking Spanish, and he couldn’t understand her, he says. Police arrived.

“I was hoping somebody was still living in that house,” Frank said.

Frank says he didn’t know Desmond Turner, but had seen him and his truck before.

In cross examination, defense attorney Lorinda Youngcourt asked Frank to view photographs of Hamilton Avenue.

Frank said Brandon Griffith wasn’t one of the people who ran over and warned about something going down.

Brandon came over after the shooting and Frank ran him off because Brandon said he was “waiting for the bodies to be brought out,” Frank said.

Emma was having problems with some neighbors and asked Frank if she should just move out of town he testified.

Frank says he told her, “I wouldn’t let anyone make me move out of town.”

Frankie Dodson 23, is the third witness of the day. She is Frank’s daughter.

Slain kids played with her younger brothers and sisters.

On the night of the slayings, she says she went out for White Castle and dropped food off at her mom's side of double residence.

She says she was not that concerned about warnings that something was going to go down, because “in our neighborhood fights were common.”

She says Griffith and other people were congregated at 555 North Hamilton Avenue.

Dodson is very emotional and near tears on the witness stand.

“I came back outside, and someone threw me the phone to call police,” she said.

Dodson does break down – said she saw Magno taking out the trash and saw Flora pull up and get out of the car in the middle of the street.

“I heard her say, 'No, no, please no,'” she testified. “She was trying to get away. Someone was pulling at her.”

“The gunshots were going off as they were answering the 911 call,” she testified.

There were kids in my house, and I tried to move them to the back.

“I saw a Mexican lady running around screaming and crying,” she testified. “I said I called the cops.”

“Some of her words English, but it was mostly in Spanish.”

Later, Frankie said her sister told her seven people had been killed. She was shocked by that revelation.

In cross examination, defense attorney Brent Westerfeld asked Frankie if testifying was hard for her?

Frankie said yes, that it was hard for her because if she had called police right away, it might not have happened.

Oct. 15, 1:58 p.m. update:

Brandon denied any role in the crime. He said, ”I wasn’t no look out for anybody.”

As he was undergoing cross-examination, Brandon said his prior statements to police and depositions varied because he was afraid of getting arrested for something he didn’t do.

Oct. 15, 1:33 p.m. update:

Brandon seems tired and sleepy on the witness stand. He tells the court that he stayed up late playing video games.

He asks to go to restroom at 1:28 p.m. and returns at 1:32 p.m.

Oct. 15, 1:10 p.m. update:

Under sharp questioning from the defense attorney pointing out inconsistencies in Brandon’s prior statements to police, the witness said, ”I was all shook up and scared. This man was still on the run. He just killed seven people.”

Later, he said, “I’m all mixed up.”

Oct. 15, 12:30 p.m. update:

On cross examination, Brandon admits going back to Speedway gas station after going there earlier in the day with Desmond Turner.

He says he was there with relatives and points them out on store surveillance video. He testifies left the store and heads back to Hamilton Avenue and saw Desmond and Aaron on the porch again before Turner drove off in the burgundy truck.

Brandon admits he has short term memory problems. Sometimes he says it's difficult for him to remember things longer than two months, but he can remember the night of June 1 because it was so dramatic.

Brandon says his story changed so much with police because he was scared. Desmond was still on the run.

Oct. 15, 11:15 a.m. update:

Brandon Griffith identifies Turner as being on the porch holding an assault rifle on the night of the killings -- the first to do in four days of testimony.

Oct. 15, 11 a.m. update:

Brandon Griffith says Turner says “ he needed some duct tape.” Turner allegedly proposed exchanging a “half pound of weed for duct tape”

Oct. 15, 10:50 a.m. update:

Brandon Griffith is wearing a white polo with red stripes. While he’s watching the video, Turner is conferring with attorney Linda Meir Youngcourt.

Indianapolis Police Chief Michael Spears has entered the courtroom to observe for a second day.

He was here for a few minutes Wednesday to lend his support to the family.

Oct. 15, 10:44 a.m. update:

Brandon Griffith is done watching surveillance video. He says they drove around after leaving Speedway gas station.

Griffith is shown a picture of the neighborhood to identify and review. He’s asked to mark where Turner parked his vehicle.

Brandon identifies the man he was driving with as the man sitting in the courtroom -- Desmond Turner.

Brandon says Turner asked him if “people on the corner have money and stuff.” Brandon thought they did because of the vehicles they drove.

“He was going to hit a lick on them,” Brandon says Turner told him “He was going to go down there and take stuff, not kill them.”

“He asked me if we can grab Luis to get money “ "I told him no.”

Oct. 15, 10:39 a.m. update:

Brandon Griffith remains on the stand. Griffith says Desmond Turner talked to a guy named “Smoky” at the Speedway gas station on Michigan, which is down the block from Hamilton Avenue.

The attorneys hold a conference with the judge.

Turner told Brandon he was going to rob Smoky and asked him to whistle. Griffith said. It’s not clear what the purpose of the whistling was.

The prosecution is showing surveillance video from the Speedway station to verify that Turner and Brandon were caught on tape at the gas station.

This is all happening hours before the slayings.

The surveillance video shows Turner and Brandon inside the the gas station. Brandon recalls Turner wearing black Nikes.

At, 10:39 pm the surveillance video continues to be watched .

Oct. 15, 10:22 a.m. update:

Brandon Griffith remains on the stand. The week before the slayings, he (Turner) said “he would pop in and pop out” of the neighborhood.

On the stand, Griffith is shown a picture and identifies the vehicle Turner was seen driving around in the neighborhood.

The night before the slayings, Griffith says his friend, Frank Lagace, who testified Wednesday, had a sleep-in.

They woke up at 12:01 p.m. on the day of the slayings, and they walked toward Hamilton Avenue, Griffith testified.

They (Brandon and Frank) said they saw Emma Valdez “at the bank” on the way to Hamilton Avenue.

Later in the day, Brandon and Frank joined in a block football game.

Brandon says he is not sure when he saw Desmond Turner on the day of the shootings.

He testified that he rode with Desmond to the nearby Speedway gas station on Michigan Street a couple of times. They drove in a burgundy pickup truck to the Speedway.

At the Speedway, Desmond got a pop, Griffith says.

Oct. 15, 10:12 a.m. update:

Brandon Griffith takes oath. He is 20 years. He was 17 at the time of the mass killings on Hamitlon Avenue.

He lived at 521 North Hamilton when he was younger. He had other family living on that street and neighborhood.

He knew the family that lived at 560 North Hamilton, where the slayings occurred.

A couple of months before the killings, Griffith says he met Desmond at a barbecue being held at Griffith’s grandma's house.

Griffith says at the time, Turner was driving a White Cadillac.

Griffith says he saw Turner a week before the killings at his grandmother's house and that he saw him driving a GMC pickup truck.

He says he saw part of a gun, the barrel, in Turner’s possession.

Oct. 15, 10:06 a.m. update:

Court is back in session after a brief recess. The prosecution called Brandon Griffith to the stand.

Oct. 15, 9:54 a.m. update:

Ricky Gilreath is being cross-examined by defense attorney Lorinda Meir Youngcourt. Youngcourt is trying to challenge Ricky’s memory and the details he’s provided in his testimony.

Youngcourt is reminding Gilreath of his previous statements to police that one of the gunmen had a big shiny belt buckle and that the men had been in the house for 8 to 10 minutes before other unsuspecting families arrived.

Gilreath is now using a laser pointer to show the court where he saw the suspects connected to the murder.

Youngcourt is now challenging what Gilreath told police five days after the fatal shootings. Youngcourt says Gilreath never told police that Flora Albarran was dragged into the house and he used the word “we” a lot.

He says he never heard his cousin Brandon talk about Desmond wanting to “hit a lick,” street slang for commit a robbery.

Youngcourt suggests that people in the neighborhood pointed to Turner because they had all seen him in the neighborhood.

Gilreath off he stand at 9:53.

Oct. 15, 9:40 a.m. update:

Ricky Gilreath says he told someone, “The house down the street got robbed, and I heard some gunshots.”

When police arrived on the scene, he says he told police what he saw.

On day four, there are not as many spectators as in the previous three days.

Security remains tight with extra sheriff’s deputies not only on this floor, but also by the elevators leading to the courtroom on the first floor.

Prosecution is done at 9:38 with this witness.

Oct. 15, 9:34 a.m. update:

Ricky Gilreath he says someone called the police and that he saw Magno Albarran walking down the street toward his house after the gunman had entered the home.

Albarran was one of 7 people killed inside 560 North Hamilton.

Gilreath says he also saw Flora Albarran arrive at the home.

“She went into the house. She tried step back out, but was pulled in, and then there was a scream.”

Flora Albarran was there to pick-up her 5-year-old son.

When Magno walked into the home, Gilreath says he heard shot.

Magno was known on Hamilton Avenue as “magnum,” because he was known to carry a weapon.

“I hit the ground,” after the first shot. “It was something I was taught to do when you hear gunshots.”

“ I saw the guys [ the gunmen] running out the house,” said Gilreath.

One of the gunmen exited with a pillow case, the other with a gun now described by witnesses as an SKS.

Magno, Flora, and Luis were among the 7 people found dead inside the house.

Oct. 15, 9:23 a.m. update:

Ricky Gilreath remains on the stand. He said his cousin Brandon Griffith told him “something about to go down.”

Ricky says he saw 2 guys coming around the house. He couldn’t identify the suspects, but he describes them as black males.

He says one of the men had what appeared to be an AK-47 and one was wearing a red bandana.

Gilreath says he saw the men go into the house. “They kind of hesitated, then stepped in.” said Gilreath.

He added “I stood and watched.”

Oct. 15, 9:20 a.m. update:

Desmond Turner is in court wearing a white shirt and black striped sweater vest. His mother is in the courtroom.

About seven people representing the victims are in Court 2.

On June 1st, 2006, the day of the slayings, Gilreath says he was with his wife.

“I was home because I was tired,” said Ricky Gilreath, who was 16 at the time.

Oct. 15, 9:09 a.m. update:

Ricky Gilreath is Brandon Griffith’s cousin.

We are expecting Griffith to take the stand today and make one of strongest connections between Desmond Turner and what happened at 560 North Hamilton.

Ricky had “hooped,” played basketball, with Desmond Turner in the past.

Gilreath says he knew members of the Covarrubias and Valdez family.

Oct. 15, 9:02 a.m. update:

The court is session.

The first prosecution witness is Rick Gilreath, 20 years old.

He took the stand at 9:01

Oct. 14, 2:32 p.m. update:

Frank Lagace continues testimony at 2:15

Oct. 14, 2:11 p.m. update:

Dodson is off the stand. Frank Lagace is testifying. He’s 19. On the night of the killings, he was 15.

He says he knew of Desmond Turner, but didn’t know about him.

Oct. 14, 2:02 p.m. update:

The next prosecution witness is Justin Dodson nicknamed “JJ”. He is 18.

Justin Dodson knew the murder victims. He’s Whitney Decker’s former boyfriend. They were going out in June 2006

He knew of Desmond Turner and that he drove a maroon Chevy pick-up. He didn’t know Turner personally.

JJ identified Turner who is sitting in the courtroom wearing a blue shirt and blue tie as the man he saw in the neighborhood.

Oct. 14, 1:42 p.m. update:

Whitney Decker recalls seeing a truck in the alley on the day of the murders.

The prosecutor asked what she saw.

“I saw two guys running up the side of the house,” stated Decker.

Decker could not identify them. “They were wearing dark clothing. They went into the house."

She doesn’t recall how they got in.

Decker is witnessing this from a window across the street from the murder scene.

“I seen shadows … and a female with her hands behind her head.”

She says she couldn’t see lower half of her body.

Decker is speaking in a whispering voice.

“I heard gunshots.”

A lady drove up, Decker said.

“She knocked on the door and someone pulled her in” said Decker.

Then she heard gunshots, she says.

The deputy prosecutor asked how many? "More than 20,” stated Decker.

Oct. 14, 1:28 p.m. update:

The defense is now cross examining Whitney Decker. Attorney Lorinda Meir Youngcourt wants Decker to clarify how she saw the two men through a house window across the street.

Decker is being shown an aerial map of the neighborhood.

Decker is using a red light pointer to show on the map where she was witnessing the events unfold.

Oct. 14, 1:12 p.m. update:

The court is back in session. On stand is now Whitney Decker. She is 17 and attends Manual High School.

She is a friend of Erica Gwinn who testified during the first half of the trial.

Decker was 14 at the time of shooting.

She’s not from the neighborhood, but knew people who lived on Hamilton Avenue.

She testified she didn’t personally know the people who lived at 560 North Hamilton Avenue.

“Brandon Griffith came down and said the ‘block was hot,’” said Decker. “Block is hot” is street talk for there’s going to be a fight.

The prosecutor plans to call more of the kids and teens who lived on Hamilton Avenue throughout the afternoon..

Oct. 14, 11:11 a.m. update:

Defense attorney Brent Westerfeld is now cross-examining Erica Gwinn, trying to poke holes in her testimony.

She maintains earlier testimony of what she saw and that she feared Desmond Turner would kill her if she spoke.

Oct. 14, 10:25 a.m. update:

Gwinn says she spoke to police following the shootings but did not say what she saw. She went home and never told.

On the stand, Gwinn began to cry. She did eventually tell her parents.

“I couldn’t sleep. She (her mother) asked me why. I couldn’t sleep."

Gwinn says she was having nightmares.

“She (her mother) told me to tell everything. No one is going to hurt me,” said Gwinn.

Several members of the victims families' began to cry as the teen recounted the events of June 2006

Oct. 14, 10:15 a.m. update:

Gwinn on stand recalls hearing the gunshots. “I was freaking out.” She says was crying.

“I called my mom crying.”

She wasn’t aware that anyone was dead.

When the prosecutor asked Gwinn if she told her mom what had happened she said she hadn't.

“Brandon told us Desmond would kill us next if we told,” she testified.

Oct. 14, 10:09 a.m. update:

Erica Gwinn says she didn’t make much initially of the two men walking by the side of home belonging to Covarrubias and Valdez or Turner in the pickup truck.

Gwinn is now looking at a satellite map of the neighborhood. Gwinn says relatives were talking about calling the cops because Brandon wasn’t lying. This was around 10 p.m. on the night of the killings.

She said she saw a long gun being held by a man that looked like Desmond. Gwinn stretched out her hand to show the size. She says it looked like a shotgun.

The other guy had a little gun, she told the prosecutor.

"I saw Magno coming down the street,” she said. Magno Albarran was one of the people killed inside the home. Albarran was driving a Cadillac Escalade, Gwinn testified, adding that she also saw Flora Albarran, who was also killed inside the home that evening. She pulled up in green Pontiac in front of the home, Gwinn testified.

Gwinn recalls Flora going in first and Magno went in behind her. Gwinn was watching this from her home.

“I thought something bad was going to happen,” she testified. “' I heard gunshots. There were a lot, more than 10. I heard Flora scream.”

Gwinn said her aunt put the kids in the bathroom and someone called the police.

Oct. 14, 10 a.m. update:

Erica Gwinn is testifying about talking to a neighborhood guy, Brandon Griffith, who she said told her his friend Desmond was going to "hit a lick,” which is street slang referring to commiting a robbery.

“He nodded his head towards Emma’s house.” said Gwinn.

Gwinn said she saw Desmond Turner driving away in a burgundy pickup. She thought Brandon was kidding.

“I told my aunt that something was about to go down with the Mexicans across the street,” said Gwinn.

Gwinn’s aunt told her to get the kids in the house, Gwinn testified.

Gwinn said she saw Turner’s pickup go up to the side of the home belonging to Covarrubuias and Valdez.

Oct. 14, 9:47 a.m. update:

Erica Gwinn remains on the stand watching the gas station surveillance tape. On the day of the murders, she recalls seeing neighborhood guys playing football on the street on Hamilton avenue.

Several of those men testified yesterday. The prosecutor asked if anything interrupted the football game.

“Desmond came through. He was driving a burgundy pickup -- boys got aggravated because he stopped the game,” Gwinn said.

The evening of the slaying, Gwinn said she went to her uncle’s home, which sits across the street from the crime scene on Hamilton Avenue.

Gwinn said her uncle and Alberto Covarrubias were friends. Covarrubias was the patriarch of the family who was among those killed on June 1, 2006. His body was found next to his partner, Emma Valdez.

Oct. 14, 9:39 a.m. update:

Erica Gwinn continues to watch and identify the people in the surveillance video. At least two of the victims' families are depending on a translator to relay in Spanish what is being said on the stand in English.

Turner is wearing a light blue dress shirt and is seated next to his attorneys, Brent Westerfeld and Lorinda Meir Youngcourt. Both are experts in handling death row cases.

This case was initially set for a death penalty trial. Turner is now looking at life in prison without parole, if convicted.

The judge will make that decision. There are several options as to how he will make his ruling when the case is over. He can wait several hours after closing arguments or he could take several days to review the material before announcing Turner’s fate.

Oct. 14, 9:34 a.m. update:

Erica Gwinn continues to identify people on surveillance tape from the Speedway Gas station. The video appears to critical to the prosecution team. Why is not clear yet.

Oct. 14, 9:27 a.m. update:

Gwinn remains on the stand reviewing surveillance from the Speedway Gas station on Michigan street which is close to Hamilton Avenue.

Indianapolis Police Chief Michael Spears come to the courtroom at 9:32 and sits in the back row apparently to observe proceedings.

Oct. 14, 9:20 a.m. update:

Erica Gwinn still on the stand. Gwinn is testifying about hanging out in the neighborhood with family and friends.

Gwinn is now being asked to identify a picture taken from a surveillance camera at a Speedway Gas station.

The gas station was a common place for Gwinn and others to visit near the neighborhood.

Turner’s mom Brenda Baymon is in the courtroom sitting in the front row within eye contact of her son, Desmond.

Oct. 14, 9:16 a.m. update:

Erica Gwinn moved out of the neighborhood in 9th or 10th grade. She knew the family who lived at 560 North Hamilton Avenue.

Gwinn is not feeling well, so the judge has instructed her that there is a trash can next to the stand.

The court translator is at work for the family. About 11 are in the courtroom.

Prosecutor is now asking about the day of the murders.

She was 15 at the time of the murders. She was at the home of her uncle, Frank, who lives across the street from the crime scene.

Oct. 14, 9:02 a.m. update:

Court in session. Prosecution calls Erica Gwinn to the stand.

Desmond Turner is in the court room, but his mother has yet to arrive.

Guinn grew up on Hamilton Avenue.

Oct. 13, 2:55 p.m. update:

On the stand now is Michael Taylor. He’s a retired crime scene investigator with the Marion County Crime Lab, a job he held for 19 years. Previously, he worked 21 years for IPD.

He says he entered the crime scene with the lead detective Leslie Van Buskirk.

Taylor said that as a matter of procedure, he videotaped and photographed the scene. He also drew a diagram for the prosecutor’s office.

Oct. 13, 2:21 p.m. update:

Evan Lewis is off the stand at 2:02. The prosecution witness is now William Robertson aka Christopher Robertson. He’s 23 and a graduate of Speedway High School. He has two convictions for theft. He spent a lot time in Aaron Swartz’s house.

“I knew of the family,” referring to the Covarrubias/Valdez family.

He stepped down at 2:21.

Oct. 13, 1:38 p.m. update:

Jamison Lewis stepped down at 1:38. The prosecution called 27-year old Evan Lewis to the stand.Evan is Jamison’s brother. He had met Desmond a few months before the slayings.

“We shot the breeze a little bit,” said Evan in referring to conversations with Turner.

On the night of the murders, Evan was playing the video game known as “Madden,” which is a popular football electronic game.

After 10 p.m. on June 1, 2009, “I heard screams and ran out the front door,” Lewis said.

“I saw female pulled from a house to a car,” said Lewis.

“It looked like she was trying to get back into the house.” The man holding her was a white male he testified.

Oct. 13, 1:30 p.m. update:

Jamison Lewis continues at the stand. A police officer came to his job at Speedway. He identified a picture of Turner and his burgundy pick-up on June 6, 2006. The same truck Lewis says he saw Turner in on the day of the murders.

He says could not make sense of what the woman was saying or screaming because of the high pitch.

Cross examination begins at 1:25p.m. Brent Westerfeld for the defense is handling the questioning

Oct. 13, 1:20 p.m. update:

Desmond interrupted the football game and asked Jamison Lewis if he could use his cell phone, but it was broken.

Lewis says he saw Turner in a pick-up but he never got out. He only saw Desmond that one time.

That evening was going to watch a movie with his girlfriend at her home. They started watching the movie, but it was interrupted because “I heard what I thought was fireworks,” said Lewis.

He says "he heard a lady running and screaming," he stated.

Oct. 13, 1:01 p.m. update:

Prosecution witness Jamison Lewis is on the stand. Lewis testifies he had seen Turner at least three times before the June 1, 2006.

Oct. 13, 10:30 a.m. update:

Robert Swartz continues his testimony. Swartz lives at 546 Hamilton Avenue. Many of the neighborhood guys hang out at his house.

Swartz says he saw Turner twice on the day of the homicides. Swartz offered him a blunt of marijuana, but Turner turned him down.

On the day of the homicide, Swartz recalls he was wearing a hoodie. The prosecutor showed picture of a beanie ( a stock and cap).

Swartz testified he saw Turner once again possibly 45 minutes later, but couldn’t recall.

When he saw Turner again he was on the porch arguing with his girlfriend, and he saw a burgundy pickup pull up. He doesn’t recall if Turner was driving it.

Swartz says Turner asked him for duct tape that evening. Swartz says he didn’t have any.

“He thought I was lying.”

Swartz admits he had several rolls of duct tape in house since he was a heating and cooling guy.

Swartz testifies Turner said, “He was going to do a robbery against the Mexicans down the street.”

He offered a quarter pound of marijuana in exchange for duct tape.

Swartz says “Turner used the term 'hit a lick'” -- street slang for commiting a robbery.

“I don’t know why you are going to rob them” Swartz says he told Turner.

Swartz says Turner told him in response “that he wanted to hit a lick.”

Oct. 13, 10:21 a.m. update:

Robert Swartz continues on the stand. He also knew the Covarrubias and Valdez family who lived at 560 North Hamilton, which was the scene of the slayings. His kids played with the kids that were killed.

He also talked about knowing Brandon Griffin, also known as Brandon Welch.

He also testified about knowing Chad who goes by the name “Boogie” ( spelling unknown)

Oct. 13, 10:17 a.m. update: Robert Aaron Swartz is being questioned by Jen Haley. Haley is the chief of the criminal division for the Marion County Prosecutor’s Office.

Swartz describes himself as a good friend of Turner. When young, they spent a lot of time together. Swartz knows Turner’s mother and sister.

Swartz says he talked to Turner even after he moved away from Hamilton Avenue.

Around June 2006, he recalls seeing Turner around the neighborhood a lot unlike previous years.

Swartz says he had seen Turner driving a white Cadillac. He also seen Turner driving an older GMC burgundy pickup.

Oct. 13, 10:12 a.m. update:

Prosecution calls Robert Aaron Swartz. He is 37. He’s lived on Hamilton Avenue all his life.

Oct. 13, 10:02 a.m. update:

The defense has taken a brief break to review materials. Harold James Couch says he told police about a man named “Lucky.”

Couch also talked about a guy nicknamed “Burrow” He’s known him for 16 years.

Couch was deposed in January 2008. The defense attorney Brent Westerfeld reads deposition back to Couch.

At 10:02, Couch is off the stand. No cross examination.

Oct. 13, 9:51 a.m. update:

Harrold James Couch says at one point he was known as “Lucky” back in 1987. He says the nickname “Lucky” is used by others in the Hamilton Avenue neighborhood.

After the massacre, Couch says his friend Aaron referred to a guy named “Lucky” possibly as the guy driving in the truck with Turner.

Couch says he thought his friend was referring to James Stewart. The man who faces a trial in December for the deaths on Hamilton Avenue.

Oct. 13, 9:48 a.m. update:

Defense attorney Brent Westerfeld continues to question Harrold James Couch. Now Couch says that the friend Aaron knew a guy known as “Lucky” who the defense believes may have been involved in the crime.

Oct. 13, 9:41 a.m. update:

Harrold Couch remains on the stand. Desmond Turner's mother and at least three other supporters are in the courtroom. More than dozen people are in the courtroom on behalf of the victims.

Couch identified a picture of Turner for police a day after the June 1, 2006 mass murder.

He knows a guy named Aaron who uses the name “Lucky” who the defense suspect was involved in the shootings

Oct. 13, 9:34 a.m. update:

Harrold James Couch continues on the stand. He is now looking at defense exhibit G, which is a transcript of his interview to police.

He is now reading the transcript at 9:37. Couch was challenged to read it by the defense attorney.

Oct. 13, 9:25 a.m. update:

Defense attorney Brent Westerfeld continues to question Harrold James Couch. He was shown defense exhibit F -- A picture of guns.

Prosecution objected to the picture because it was not of his pellet gun. The judge overruled that motion.

The defense is trying to poke holes in Couch’s knowledge of guns. Couch continues to push that Turner thought his pellet gun was an assault rifle and that Turner was interested in an assault rifle.

Oct. 13, 9:21 a.m. update:

Under cross examination, Harrold Couch says Turner called him and kept insisting about where he could get a rifle. Couch says he kept saying no.

Couch is now describing the air rifle as a pellet gun. Couch continues on the stand being questioned by defense attorney Brent Westerfeld.

Couch says he bought his pellet gun at a swap meet. During the cross-examination, a court-appointed translator was relaying the information to Spanish speaking relatives of the Covarrubias and Valdez family.

Oct. 13, 9:13 a.m. update:

Harrold Couch remains on the stand at 9:13. The defense attorney is objecting to talk of the car.

Couch had an air rifle that looked like an assault rifle. He says Turner called him asking him if knew where he could get a high power rifle. Couch says he told him he had no idea where he could buy a high power rifle.

Deputy Prosecutor Skelton continues asking questions about June 2, the day after the shootings.

The defense is now cross-examining. Brent Westerfeld began asking questions at 9:17 a.m.

Oct. 13, 9:06 a.m. update:

Court now in session -- first witness of the day is Harrold James Couch. He’s a 50-year-old carpenter. He was a friend of the Covarrubias and Valdez family. He also knows Desmond Turner since he was 9 years old.

Couch is being questioned by Janna Skelton who is a deputy prosecutor.

Harrold Couch continues being questioned about his relationship with Turner and the victims' family.

Couch says Turner came to his house to sell him dog food. He bought a 50 pound bag for $20.He was also looking to buy a Cadillac from Turner. Turner apparently had two for sale.

The defense objected to this line of questioning and had a brief conference with judge who overruled the objection.

Couch says he did not buy the Cadillac because there were bullet holes in the car.

On another occasion, he says Turner came to his house to ask a number of questions.

Oct. 13, 9:01 a.m. update:

Desmond Turner is now in the courtroom sitting with his attorney.

We are expecting the first witness of the day to take the stand.

Prosecutor Carl Brizzi says they plan on calling between 80 to 100 witnesses over the next two weeks.

Oct. 12, 1:11 p.m. update:

On the stand, Officer Joshua Barker. He is recounting what he saw on that day.

He said he went into the bedroom where the children were found and cleared the closet for a possible gunman.

Oct. 12, 12:36 p.m. update:

Taking pictures of evidence. This is a chart submitted by police showing where the bodies were found in the home after the killings. Testimony will resume at 1:15 p.m.

Oct. 12, 10:45 a.m. update:

At 10:45 after a brief recess, the defense is now cross examining Kermon. The defense is trying to poke holes in what the officer saw when he initially arrived on Hamilton Avenue.

At one point, defense attorney Brent Westerfeld pulled out measuring tape so that the officer could establish the exact distance he was from the witnesses he encountered on the scene.

The courtroom is packed. More people here than before.

Oct. 12, 9:56 a.m. update:

Defense statements just ended. First prosecution witness is on the stand, Indianapolis police officer Michael Kermon, who responded to the first dispatch call of shots fired on Hamilton Avenue.

Officer Kermon is a Spanish-speaking officer and went to the scene because of a report of a Spanish-speaking female screaming. At the time, he was the only Spanish-speaking officer in east district.

When he arrived on the scene, he said he encountered Spanish-speaking female running frantic in the middle of the street.

Officer Michael Kermon said he got out of car, started looking around and approached the Spanish-speaking female. He said the woman was completely hysterical. He said he couldn’t really communicate because of her emotional well-being.

He said he did manage to elicit that there was a problem inside the home and he headed in that direction. Based on the way she was acting, he said he used his discretion and went inside the house without waiting for back-up concerned about the people inside.

He says "my plan was to go into the house and engage anyone that had a weapon."

When he got onto the porch, he said the storm door slightly ajar, and he went in.

He described going in and discovering a body on the floor: "It appeared to be a male. He was not moving. As I got closer, I could see he was shot multiple times. I got on radio and alerted control that there was a 10-0," referring to a dead person.

"My idea was to go through the house and look for anyone that was armed," Kermon said.

In the dining room, he said he found two more bodies. He said he initially saw two sets of legs: "I saw a man and woman. They were older.”

Sobs from family members could be heard at this point as the officer recounted what he saw.

"They looked like they were dressed for bed," Kermon said.

Kermon said he then came upon a female lying face down. This victim was Flora Albarran. She was not breathing, he said.

He said he could smell blood throughout the house, and the home was hazy from freshly discharged gunfire.

He said he went to a room where saw TV was flickering: "I could see. It was pretty surreal. There was stuff on the floor. It looked strange. I could see kids lying on the bed. They were not moving. The kids were lying on the bed."

Kermon said, "the two younger boys, the tops of their heads were missing.”

Family members could be heard sobbing as the officer testified about what he saw in the bedroom.

Kermon said he said a prayer in Spanish -- en el nombre de Dois ( In the Name of God) -- and did the sign of the cross before leaving the house and waiting for more officers to arrive.

Oct. 12, 9:50 a.m. update:

Security outside courtroom is tight. Everyone must pass through a metal detector.

Defense continues to make opening statement saying shoe prints found at the scene don’t match. Lawyer Lorinda Meir Youngcourt said "the state cant give you evidence that Turner committed the crime."

She asked the judge to Look beyond the photos and look at the evidence. She concluded opening statements by saying, "They don’t have the right man. Desmond Turner is not guilty."

Oct. 12, 9:37 a.m. update:

Attorney for Desmond Turner said state is prosecuting the wrong man. Lorinda Meir Youngcourt says other people in the neighborhood wanted the family gone. His other attorney is Brent Westerfeld.

Youungcourt also says Turner is not the suspect because one witness saw three to four black men wrong from the house on the day of the shooting.

Oct. 12, 9:26 a.m. update:

Family in tears as prosecutor Carl Brizzi describes the mass murder on Hamilton Avenue from June 2006.

Carl Brizzi in his opening statement said "Desmond Turner is a killer." He said Desmond before the murder told someone he wanted to "rob the Mexicans."

Brizzi says Turner used street lingo "hit a lick," which means commit a robbery before committing what Brizzi referred to often as a "massacre."

Several of the relatives of Alberto Covarrubias and Emma Valdez don't speak English. They are depending on a court interpreter to relay the prosecutor's statements.

Sobbing was audible when prosecutor detailed how the family of seven was found in their blood inside the home.

Defense is getting ready to speak.

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