ILNews

COA orders new trial for overly talkative defendant

Back to TopCommentsE-mailPrintBookmark and Share

In a divided opinion, the Indiana Court of Appeals has reversed a trial court’s denial of motion for mistrial, holding that the court went too far in physically preventing a defendant from speaking.

Kenneth Vaughn was charged with Class D felony robbery and other charges for allegedly robbing a bank in Merrillville. During a three-day trial in 2008, court records show that Vaughn repeatedly presented then withdrew requests to represent himself. On the final day of trial, Vaughn took the stand, and rather than answer his attorney’s open-ended question about events on the day of the robbery, Vaughn instead began criticizing his attorney.

Lake Superior Judge Thomas Stefaniak, Jr. interrupted at least four times, instructing Vaughn to stop talking. Vaughn continued talking about his attorney, and the judge ordered the jury to be removed from the courtroom. While the jury was still present, the bailiff put his hand over Vaughn’s mouth and handcuffed him.

With the jury out of the courtroom, the judge spoke to Vaughn, expressing his frustration that Vaughn had been “flimflamming back and forth” about whether to represent himself and saying that he believed Vaughn may have been trying to cause a mistrial all along. After that conversation, the bailiff removed Vaughn’s handcuffs, and the jury and all parties returned to the courtroom. Vaughn then answered his attorney’s questions without incident.

The jury found Vaughn guilty of Class C felony robbery and Class D felony resisting law enforcement, and the court sentenced him to six years on the first count and two years on the second, to be served consecutively.

In Kenneth Dwayne Vaughn v. State of Indiana, No.45A05-1102-CR-57, Kenneth Vaughn appealed the trial court’s dismissal of his motion for mistrial. The appeals court wrote that in order to grant a mistrial, the defendant must prove that he was placed in “grave peril” – the gravity of which is measured by its persuasive effect on the jury.

Citing Wrinkles v. State, 749 N.E. 2d 1179, 1193 (Ind. 2001), the COA held that a defendant should be handcuffed only when he presents a danger to those in the courtroom, to prevent his escape, or to maintain order during trial, because the use of restraints could cause jurors to assume a defendant is guilty.

In Vaughn, the appeals court held that the trial court overreacted to Vaughn’s disruptive comments and that despite his continuous waffling about whether to proceed pro se, he had not previously disrupted proceedings.

The COA majority wrote: “We realize that it sometimes takes superhuman effort to restrain the natural frustration of dealing with difficult people at challenging times. We also recognize that this action is totally out of character for this seasoned and fine trial court judge.” Muzzling and restraining Vaughn, the appeals court held, deprived him of a fair trial before an untainted and impartial jury. It reversed and remanded for a new trial.

Judge Ezra Friedlander dissented, stating that he believed the trial court’s actions in silencing Vaughn were appropriate. Both the trial court and the defense, Friedlander wrote, were concerned that Vaughn was about to make statements on the stand that might cause a mistrial, and no one could predict whether Vaughn would have continued to disregard the judge’s orders to be quiet. Judge Friedlander also wrote that the jury would likely understand the reason for the restraints and would not assume that Vaughn was a dangerous person.

“Whether purposeful or not, he should not be permitted to gain from his willful disregard of the trial court’s commands,” Judge Friedlander wrote. “I would affirm the trial court in all respects.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT