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Tuesday, January 21, 2014

Ind. Courts - Bond denied in LaPorte County murder trial

In a story Jan. 17th, Gabrielle Gonzalez reported in the LaPorte Herald-Argus:

La PORTE — The man charged in the murder of Rayna Rison was denied bond Thursday afternoon.

A hearing was held on Tuesday regarding whether or not Jason L. Tibbs, 38, of La Porte could receive bond. His attorneys, L. Scott Pejic and John Tompkins, argued a bond had been set for a case involving a murder within the state last year. * * *

La Porte County Circuit Court Judge Thomas Alevizos gave a statement on Thursday for why he denied Tibbs of a bond.

"Traditionally, Indiana has not allowed bond to issue in murder cases. However, in a 2013 decision, "Fry v. Indiana," the Indiana Supreme Court held in a 3-2 decision that bond could issue unless the State could show that it should not," Alevizos wrote in his decision. "Under the "Fry" decision, the burden of proof moved to the State. However, unlike previously, the burden of proof is a low one; preponderance of the evidence. The court finds, given the testimony that was presented, that the state has met this burden. Therefore, bond will not issue in this instance."

ILB: The case is Loren Hamilton Fry v. State of Indiana, see this June 25, 2013 ILB summary calling Fry a 39-page, 3-2 "fractured" set of 4 separate opinions.

Posted by Marcia Oddi on January 21, 2014 10:19 AM
Posted to Indiana Courts