• Prosecutor Jacqie Spradling questions lead detective Sgt. Rich Volle about e-mail he sent to defense counsel, Mark Bennett

    Q. (By Ms. Spradling) Will you tell us what State’s
    6 Exhibit 974 is, please.
    7 A. It’s an e-mail from me to Mr. Bennett.
    8 Q. What caused you to send it?
    9 A. It was one of the motions that was filed early on
    10 in these proceedings.
    11 Q. What do you mean?
    12 A. It was a motion. I don’t remember the specifics
    13 of the motion, but it was suggesting that there
    14 was an alternate suspect in this case.
    15 Q. That Mr. Bennett had found or the defendant had
    16 found?
    17 A. Yes.
    18 Q. Is 974 the e-mail you sent to Mr. Bennett then?
    19 A. Yes.
    20 Q. Is it accurate?
    21 A. Yes, it is.
    22 MS. SPRADLING: Move to admit 974,
    23 please.
    24 MR. BENNETT: No objection.
    25 THE COURT: Court would admit State’s
    1 Exhibit 974.
    2 Q. (By Ms. Spradling) State’s Exhibit 904 is dated
    3 November 15th, 2011. Will you tell us what that
    4 says, please.
    5 A. Says Mr. Bennett, I understand your investigators
    6 believe there’s another viable suspect in the
    7 murders of Michael Sisco and Karen Harkness.
    8 Topeka Police would welcome the opportunity to
    9 review any evidence you have to support this
    10 belief. I may be reached by phone at 368-9413,
    11 by mail at 320 South Kansas, Topeka, Kansas
    12 66603, or by e-mail at — it’s my e-mail address
    13 and with my name.
    14 Q. Did you get any response to that e-mail?
    15 A. No, I did not.
    16 Q. By phone?
    17 A. No.
    18 Q. By e-mail?
    19 A. No.
    20 Q. In person?
    21 A. No.
    22 Q. Of any kind?
    23 A. No.
    24 MS. SPRADLING: That’s all I have,
    25 Sergeant. Thank you.

    The following day at trial

    15 Q. Remember the e-mail you sent to Mr. Bennett on
    16 November 15th, 2011, that we talked about
    17 yesterday?
    18 A. Yes.
    19 Q. Remind us of its content, please, what did you
    20 say to him?
    21 A. In essence, I asked Mr. Bennett if he would be
    22 willing to provide the name of the person he
    23 identified as an alternate suspect in this case
    24 so that we could further follow up on it.
    25 Q. Other than his questioning here during the trial,
    1 had he talked to you about Basgalls or anyone
    2 else?
    3 A. No, he had not.

    Reported by: April C. Shepard, RPR, CCR, CSR

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