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State v. Harmon5/14/2002
On July 31, 2000, at about 1:00 or 2:00 P.M., the victims, David and Susan Turner, discovered that their Harley-Davidson motorcycle had been stolen from the carport of their residence in Chuckey. The motorcycle, a 1980 Super Glide, had a fair market value of approximately $9,800.00. David Turner noticed tire tracks across the lawn leading to the property next door which had been occupied by Laleh Liszewski, her daughter Robin, and Clarence "Willie" Williams.
Turner contacted authorities and he and Deputy Danny Greene of the Greene County Sheriff's Department found one of the motorcycle's foot pegs and a pager on the neighboring property. In the days immediately prior to the theft, Ms. Liszewski had been in the process of moving from the residence to a different neighborhood. Turner located the trailer park to which Ms. Liszewski had moved and notified the sheriff's department of her whereabouts.
Another neighbor, Mary Shelton, had noticed that Ms. Liszewski was moving from her residence in the days immediately prior to the theft. On the morning of the theft, she observed through her window a white truck in the Liszewski driveway and noticed two men attempting to load a motorcycle into the truck. When Ms. Shelton looked out her window a second time some 15 minutes later, the truck and the motorcycle were gone. Ms. Shelton identified one of the two men as Williams, the man who had lived with Ms. Liszewski. She described the other man as having long, straight, sandy brown hair which had been pulled back and gathered at the neck in a ponytail.
By the time of trial, Clarence "Willie" Williams, age 19, had entered a guilty plea to a reduced charge of Class E felony theft and received a sentence of one year. Williams, a state witness, testified that on the day prior to the theft, he had moved into a trailer park where the defendant, Richard Harmon, lived. He recalled that he and Harmon had noticed the motorcycle while they were moving out of his prior residence and, because both men were broke and needed money, they decided to steal the motorcycle. According to Williams, the two men drove around in Harmon's father's white truck all night. Williams, who described himself as drinking but "not really" drunk at the time, stated that the defendant Harmon was not drinking. He testified that they returned to the Turner residence about daybreak, discovered that the Turners were still home, and then returned after the Turners left. Williams claimed that the defendant Harmon hot-wired the motorcycle but that it wouldn't start because of a dead battery. He stated that he and Harmon pushed the motorcycle to the Liszewski residence, loaded it into the back of the truck, and left.
According to Williams, he and the defendant Harmon drove back to the trailer park and were able to start the motorcycle's engine. The defendant Harmon then led Williams, who followed in a separate car, to the residence of the defendant Golden. Williams, who parked in Golden's driveway, testified that Harmon "said [Golden] would take care of the bike for us. . . ." Williams testified that in the next two days, he waited for Golden to sell the motorcycle, returning to the Golden residence on at least five different occasions in order to determine whether it had been sold. He claimed the motorcycle was stored in the basement of a house behind the Golden residence. Williams, who first met and talked to Golden on the date of the theft, was able to describe the carport and a portion of the interior of the Golden residence. He also identified a photograph of an area near Golden's residence where the motorcycle was stored. By the time of trial, the defendant Harmon had married Ms. Liszewski. Williams was dating
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