« Ind. Courts - Two stories today on Howard County security and budgeting issues | Main | Ind. Courts - "Contractor files lawsuit over courthouse work" »
Friday, September 01, 2006
Ind. Decisions - More on: "New trial ordered for woman convicted in triple slaying"
Yesterday's opinion in Charity L. Payne v. State of Indiana (access the ILB entry here - 2nd opinion) is the subject of an extended story this morning in the South Bend Tribune, written by Martin DeAgostino and Jeff Parrott. Some quotes:
The Indiana Court of Appeals has ordered a new trial for Charity Payne, who is serving a consecutive 145 years for her role in a triple murder that shocked St. Joseph County in 2000.The appeals court said improper evidence was admitted at Payne's trial, including information she gave to police during a long interrogation without being advised of her right to an attorney and to not speak. * * *
According to the Appeals Court, Payne's confession occurred during a "custodial interrogation" at the South Bend Police Department that lasted 11 hours. But it was only after the first seven hours that police told Payne of her rights to legal counsel and to silence.
Payne was not under arrest during questioning. But the Appeals Court said police should have read Payne her rights because she was treated in a way that she would not believe she could leave.
On Payne's appeal, lawyers for the state said the evidence either caused no harm to Payne's case or was introduced by mistake. But the unanimous Appeals Court rejected both arguments and said use of the evidence was an abuse of discretion by St. Joseph Superior Court Judge William Means.
That term means the decision was "clearly against the logic and effect of the facts and circumstances before the court."
The Appeals Court reached the same conclusion about Payne's letter, a "rambling," "stream of consciousness" account of how a particular business could be robbed.
Prosecutors introduced the letter at trial as evidence of intent. But the Appeals Court said Payne had never claimed a "contrary intent," which is the only time that evidence of "prior bad acts" is relevant.
In contesting the appeal, deputy attorney general J.T. Whitehead had argued that Payne, through testimony from a doctor who examined her, claimed she was naive and easily influenced -- findings her letter would contradict.
But Judge Means had excluded the doctor's testimony, meaning it was never heard by the jury.
"We would encourage the state to actually read the trial transcript," the appeals court wrote.
On a third issue, the court said videotaped testimony by one of Payne's codefendants represented inadmissible hearsay evidence, meaning Payne's attorneys could not question him.
On the tape, defendant Ronald Carter walked police through the burglarized residence and provided a graphic description of the murders. But he never mentioned Payne and, according to the Appeals Court, the tape provides no evidence that the burglars followed Payne's instructions.
"The only purpose the (tape) served was exposing jurors to a vivid description of a horrific and senseless crime and have it infer guilt back on Payne," the court wrote.
Should Dvorak end up retrying a Toth administration case whose guilty verdict was overturned by a higher court, it won't be the first time. He also had to retry Wayne Kubsch, scoring another conviction, but came up short in the retrial of Christopher Allen, who is accused of the 1990 Osco Drug store killings. That case ended in a mistrial this summer because the jury could not reach agreement. Dvorak has yet to decide whether to try Allen again.
"It seems like a lot of cases coming back, but that's something that's our responsibility," Dvorak said. "We won't shy away from that, and we'll go forward."
Posted by Marcia Oddi on September 1, 2006 08:39 AM
Posted to Ind. App.Ct. Decisions