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5th Amendment right against self-incrimination not violated

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The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.

John Ludack was in a relationship with T.E. for several years and watched her children while she worked. About two years after he began dating T.E., Ludack started to molest T.E.’s 10-year-old daughter, M.E. He molested her several times and threatened her not to tell anyone. Several years later, she told her older brother, who reported it to their father. T.E. then called police and Ludack was arrested and charged with two counts each of Class A felony child molesting and Class C felony child molesting.

He was convicted on the charges and found to be a habitual offender. The Class C felony charges were dismissed per the state’s request, and Ludack was sentenced to the maximum 130 years.

In John Ludack v. State of Indiana, No. 49A02-1109-CR-930, Ludack argued that his right against compulsory self-incrimination under the Fifth Amendment was violated by Detective Chris Lawrence’s testimony at his trial. Lawrence interviewed Ludack after he was arrested. The defense first brought up whether Ludack made any admissions during the interview, and the detective said no. The trial court then allowed the prosecutor to further examine Lawrence to confirm Ludack neither admitted nor denied the charges. Lawrence then said, “He didn’t deny doing it either, he just asked to stop speaking.”
 
The appellate judges found the admission of the testimony didn’t rise to a fundamental error. Ludack’s attorney was the one who opened the door for the testimony.

“To open the door, the defendant’s evidence must use his or her pre-trial silence as probative of the defendant’s innocence and leave the trier of fact with a false or misleading impression,” wrote Judge Terry Crone.

The COA also upheld his sentence, noting Ludack was in a position of trust when he molested M.E., had a lengthy criminal history, and that the molestations appeared to stop only because he was arrested.

 

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  1. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  2. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  3. I agree. My husband has almost the exact same situation. Age states and all.

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  5. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

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