« Ind. Gov't. - "Greg Zoeller: Filing amicus briefs gives Indiana a voice in court" | Main | Ind. Courts - Judicial Technology Oversight Committee to meet Tuesday? »

Monday, June 23, 2014

Ind. Courts - Still more on "Dead woman’s video statement to cops admissible"

Updating this ILB post from April 28th, Bob Kasarda of the NWI Times is reporting this afternoon:

The Indiana Court of Appeals has rejected a challenge to a decision by a local judge to allow videotaped statements from a dead witness to be used in an upcoming murder trial.

The court denied, without comment, the request to hear the case.

The interlocutory appeal was filed by defense attorney Peter Boyles on behalf of 22-year-old Dontaye Singletary, who is accused of gunning down Carl Griffith Sr., 72, outside his Portage home Nov. 1, 2012.

A former jail cellmate of Singletary told the court in April that Singletary indicated to him that he had the witness in question killed.

The witness, Antoinetta Johnson, 34, of Hammond, was shot to death in her beauty salon Dec. 13, 2012, at 1008 W. Fifth Ave., Gary.

Porter Superior Court Judge Roger Bradford cleared the use of the videotaped interviews with Johnson under a law that says they can be admitted if it can be shown Singletary was responsible for Johnson not being available to appear at the trial. Singletary forfeited his right to cross-examine the woman.

Per the earlier post, the "law" appears to be Indiana Evidence Rule 804(b)(5).

Posted by Marcia Oddi on June 23, 2014 01:55 PM
Posted to Ind. App.Ct. Decisions