In this post, we will review the testimony by Officer Richard Rahn who found the sexual surveys during a search of Ben Trane’s office. The link to the full transcript will be under the highlights.
Q. So we’re up to February 11, 2016. This would actually be the third time that people have been out to the academy; is that right?
A. Well, I can’t speak to that. I know two for sure because I participated, or I at least assisted, on the first search warrant on the 28th of January as well as February 11th.
Q. Okay. You assisted with the search. Did you get assigned to search the Defendant’s office?
A. I was asked to search various rooms, one of which ended being the Defendant’s office. I was told that he had basically two offices. One was on the main level kind of near the administrative section of the building, and then also one on the second floor. And I assisted in searching the office on the second floor is what I did.
The officer found the sexual surveys during his search and became troubled by what was asked. He immediately contacted Agent Lestina about it.
Q. Now, I know sometimes people get the impression that when police go in to do a search, you just throw things wherever you want and make a complete mess. Do you do that when you conduct a search?
A. No. We try to be as organized as we possibly can. We don’t try to destroy anything or mess things up, per se. Now, certainly we move things around, and we have to lift things up and we try to be as orderly as we can. But what you’re seeing here is what we walked into. It’s not as if we, law enforcement, threw things around within the office.
MS. TIMMINS: May I approach, Your Honor.
THE COURT: You may.
Q. (By Ms. Timmins) When you were searching that office — Well, I’m handing you State’s Exhibit 51. Did you find State’s Exhibit 51 when you were searching the Defendant’s office?
A. Well, the best I can testify to this is it’s a survey or questionnaire that was found within the office. And to be perfectly honest with you, I don’t know if I was the one that found it or others searching within the office found it, but it was certainly found within the office that I was in assisting, and I certainly read the questionnaires while within the office. That’s the best way I can describe it.
Q. Sure. They were found in that office that day, and you were present when they were found?
A. Yes.
MS. TIMMINS: At this time I’d ask to enter State’s Exhibit–
Q. (By Ms. Timmins) Is that 51?
A. Yes, ma’am.
MS. TIMMINS: State’s Exhibit 51. (State’s Exhibit No. 51 was offered in evidence.)
THE COURT: Ms. Schaefer, any objection to 51 for the State?
MS. SCHAEFER: No objection.
THE COURT: 51 is admitted. (State’s Exhibit No. 51 was received in evidence.)
Q. (By Ms. Timmins) What does that say at the top of State’s Exhibit 51? A. It states at the top that it’s a Sexual Activity Survey 2015, and then it has either an individual can circle whether they are a male or a female.
Q. And there’s a packet of those; is that right?
A. Yes.
Q. And that packet or that bunch of those were found within the office?
A. Yes. After reading through some of them–I didn’t read through all of them — but after taking a look at it, seeing what was being asked, I found it a little bit concerning or problematic. And then I contacted the case agent, Joe Lestina, and informed him of the survey and then provided him the survey.
