3:02 p.m.
Skeen has ruled the witness to be improper after the defense asked Lubbe who he would have charged in the incident based on the bodycam footage and his prior experience in law enforcement.
The court has now gone into recess until 9 a.m. on Thursday since the remainder of the defense’s witnesses will not be here until then.
3 p.m.
The defense has called Darren Lubbe with Private Investigation Endeavors, LLC to the stand. However, the prosecution has objected to his testimony since they were given no prior notice of the witness, and that since testimony is likely opinion-based.
Lubbe is now being questioned by the defense before Judge Jack Skeen issues a ruling on whether he can testify in front of the jury.
2:42 p.m.
After a brief recess, the defense has recalled Texas Ranger Chris Baggett to the stand, and asked for him to be designated as a hostile witness. The request was denied.
Baggett testified in his recall that a safe was found in the “junk room” of the constable’s office by Traylor-Harris, containing what was determined to be drugs.
2:11 p.m.
In his cross-examination of Harmon, DA Jacob Putman said in his law enforcement experience typically everyone is wearing a bodycam, however Traylor-Harris was not wearing one during the incident.
Harmon said he was paid a total of $2,500 to review the bodycam footage and for his testimony.
2:04 p.m.
Harmon said it is “very common” for those involved in evictions to call the constable’s office afterwards because they cannot find some of their items.
He also said he did not see Traylor-Harris take anything unlawfully after reviewing the footage.
1:50 p.m.
While watching the beginning of Banks bodycam footage, Harmon said it seemed like Traylor-Harris was focused on searching for drugs in the home while Banks is seen taking items, and going into a separate room to put them in her vest.
As Banks makes comments about the items throughout the video, Harmon agreed with the defense that it could seem like she was talking to herself rather than one of the constables.
1:30 p.m.
The defense has called its first witness after the State rested its case this morning.
Sgt. Ashley Harmon, an instructor with a law enforcement academy, has taken the stand as an expert witness, and said in his law enforcement career he has helped carry out about 1,000 evictions.
“We don’t personally move the property,” Harmon said.
Harmon said constables do not typically go through property, and mostly just observe and keep the peace.
10:42 a.m.
The state has rested its case after the end of Baggett’s testimony.
In cross examination, Baggett confirmed facts about Banks bodycam footage that was reviewed earlier in the trial.
10:04 a.m.
In his initial interview with Traylor-Harris, Baggett said he was told by the constable at the time that he did not see anyone take anything.
Baggett said Traylor-Harris, Holman and Banks all lied in their first interviews, and Banks was the only one to change her story after being arrested.
9:58 a.m.
Baggett said he could see the constables find multiple large bags of marijuana in Holman’s bodycam footage of the incident, and after which, Traylor-Harris can be heard saying “we can take whatever we want now.”
Moments later, Holman can be heard touching his camera and it ends shortly after. Baggett said this most likely indicated him turning his body camera off.
Baggett said he spoke with Tyler PD, Traylor-Harris, Holman, Banks and the Poster family after reviewing the footage as a part of his investigation. He said he later obtained arrest warrants for and arrested the three from the constable’s office.
Banks returned three of the items reported stolen after her arrest.
9:46 a.m.
While reviewing the bodycam footage, Baggett testifies Traylor-Harris can be seen exiting the home with a wad of money.
Baggett said he heard the constables joke about the money, and say on the footage that they were not giving it back. Cash was among the items reported stolen from the home.
9:18 a.m.
The State has called Chris Baggett with the Texas Ranger’s investigative division to the stand.
Prosecutors are reviewing the Bank’s bodycam footage with Baggett who said he could see Traylor-Harris holding a watch and showing it to Banks.
Baggett said he could hear Traylor-Harris say “take that s**t” in the footage. He said he could also hear Banks say she “put it in my shirt” to him while taking items from the home.
Baggett said the Texas Rangers began their investigation in October 2021 at the request of the Smith County DA’s office after the footage was reviewed in a misdemeanor case involving the woman renting the home Traylor-Harris is accused of stealing from.
Original Story
TYLER, Texas (KETK) – The trial of former Smith County Precinct 1 Constable Curtis Traylor-Harris charged with theft of property and official oppression enters its second day on Wednesday.
Chief Deputy at the time of the incident, LaQuenda Banks, was questioned about both her and former deputy Derrick Holman’s bodycam footage. The footage showed Traylor-Harris, Banks and Holeman as they carried out an eviction.
Banks testified she felt forced by Traylor-Harris to take the items, and said she “would’ve been fired” had she said no.
“We got what we wanted and left for the night,” Banks said.
In her cross-examination, Banks said the incident on Jan. 26, 2021 was both her and Traylor-Harris’s first time working an eviction. She said he had not instructed her to break any laws until that day.
Brittany Poster, the renter who reported her items stolen along with her daughter, Arianna, both testified Monday.
Brittany also reviewed the bodycam footage in front of the jury, and different items that were later reported missing came into frame, she explained what they were and their value.
Brittany said in her testimony that after noticing items were missing, she filed a report with Tyler PD that she said was ignored and said an investigator called her “a scorned woman.”
Arianna Poster said she was home when constable’s first arrived to the property, and was scared after they let themselves into the house but complied with requests because she was 17-years-old at the time.
“I was a minor, what authority did I have?” she said.
Among the items identified from the bodycam footage by both Brittany and Arianna Poster were watches and sunglasses.
When Banks was asked why she took certain items, like sunglasses, in her testimony versus others she was seen picking up and putting back, Banks said “I didn’t want them.”
