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Thursday, May 15, 2014

Ind. Courts - Judge tosses criminal case against Gary cop: “I will not put a victim in jail,” Boswell said. “This case is dismissed.”

Ruth Ann Krause's report in the Gary Post Tribune today begins:

In an unusual move, a Lake Superior Court judge has dismissed a criminal case against a Gary police officer who was charged with attacking his girlfriend in their apartment in October.

Judge Diane Ross Boswell’s decision Wednesday in the case against Demonte Yanders was not requested by prosecutors nor Yanders’ attorney and came after the judge rejected the state’s request that Tiffany Swagerty be jailed until she appeared for pretrial questioning by the defense.

Boswell had granted defense attorney Mark Gruenhagen’s request for a protective order that would bar Swagerty from testifying in Yanders’ trial because she had twice failed to show up under subpoena for a deposition with Gruenhagen. The state then sought to have her detained until she agreed to appear to give the sworn statement.

“I will not put a victim in jail,” Boswell said. “This case is dismissed.”

Prosecutors said they will appeal her ruling. Yanders was charged with criminal confinement, strangulation and battery in the October 2013 incident in the couple’s apartment in the 500 block of South Vermilion Street in Gary.

ILB: Lake Superior Judge Diane Ross Boswell was the trial court judge in the Indiana Supreme Court case decided May 13th, McLynnerd Bond, Jr. v. State of Indiana, where, to quote the NWI Times, "the state's high court threw out the murder confession of a Gary man, concluding his admission of guilt was improperly influenced by a Gary detective who told him a black man can't get a fair trial in Crown Point," thereby "set[ting] a precedent for judges to follow in similar future cases."

[More] An ILB reader sent a note this morning to express his belief that the Bond decision was a landmark opinion, that the Court had really nailed it.

Posted by Marcia Oddi on May 15, 2014 09:57 AM
Posted to Ind. Trial Ct. Decisions | Indiana Courts