Despite having two children, the woman was left traumatized by witnessing the abuse inflicted upon her sister. John Baniszewski Jr., decades after being released from the Indiana Reformatory, acknowledged in a statement that both he and his co-defendants deserved a harsher punishment, also noting that young offenders can be rehabilitated and sharing his journey to becoming a contributing member of society.
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. 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. Lacking any remorse (Paula signed a statement admitting to having repeatedly beaten Likens about the backside with her mother’s police belt), once breaking her wrist on Likens’s jaw, and inflicting other acts of brutality, including pushing her down the stairs into the basement “two or three times,” and inflicting a black eye. Stephanie then turned to her younger sister (Shirley), exclaiming, “Oh! She’ll be alright!” He slipped on the wet basement stairs and fell heavily to the floor of the basement to be confronted with the sight of Stephanie crying and cuddling Likens’s emaciated and lacerated body after she had been ordered by her mother to clean Sylvia.
The trial of the five defendants lasted 17 days before the jury retired to consider its verdict. Nedder ended his closing argument by requesting a verdict of not guilty, stating Hobbs was “guilty of immaturity and gross lack of judgement”, but not of the crime of murder. He then referred to Jenny’s overall failure to notify authorities of her sister’s abuse until she had already died, describing her as “a sister who could limp three-and-a-half miles to a park but couldn’t take two or three steps out into New York Street to beg for help!” George Rice began his closing argument by decrying the fact Paula and the other defendants had been tried jointly. As each defendant (except Richard Hobbs), remained impassive, Wessner recounted the continuous mistreatment Likens had endured before her death, emphasizing that at no point had Likens either provoked any of the defendants, or received any medical care beyond occasionally having margarine rubbed into scalded sections of her face and body. Sargent testified Paula had finished her boasting by stating, “I tried to kill her!”
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Occasionally, she was tied to the railing of the basement stairs with her feet barely touching the ground. As a form of punishment for her incontinence (on October 6), Gertrude threw Likens into the basement and tied her up. Gertrude — however, refused to allow Dianna entry to the property, stating that she had “received permission” from their parents not to allow either of the girls to see her. On or about October 1, Dianna Shoemaker discovered that her sisters were at the Baniszewski residence. Both initially viewed Gertrude as an ideal caregiver for the Likens sisters and both had visited the Baniszewski residence on two occasions while the girls had been under Gertrude’s care.
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On one occasion (Gertrude and her twelve-year-old son), John Jr., forced Likens to ingest urine and feces from her baby brother’s diaper before providing her with a cup of water, claiming it was the only water she would have for the entire day. During Likens’s time in the basement, Gertrude, with the help of her children and local kids, would often bind and gag her before submerging her in scalding water and applying salt to her wounds. In the weeks leading up to locking Likens in the family basement, Gertrude had subjected her to increasing levels of abuse and torment.
