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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT