Appeals court sides with murder defendant in hearsay appeal

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Citing hearsay rules, the Indiana Court of Appeals has affirmed a trial court’s finding that the state may not introduce into evidence statements that could implicate a man who is facing murder charges.

In  State of Indiana v. Alfonso M. Chavez, No. 45A03-1012-CR-619, the state argued that statements by two co-defendants that implicate Alfonso Chavez should be admitted because neither the Sixth Amendment nor the Indiana Rules of Evidence require exclusion of the evidence. The appeals court disagreed with the state regarding the Rules of Evidence and therefore declined to consider the constitutional relevance of the appeal.

Chavez is charged with two counts of murder in the deaths of Jason Janek and Kevin Abulhusn, who were fatally shot in 2004. The killings were unsolved until 2010, when two men – David Redmon and Hugh Struss – made statements implicating Chavez and others involved.

According to Redmon, a former co-worker of Alfonso’s brother Mark Chavez, Mark said that Alfonso had shot at least one of the men, and he said he helped Alfonso dispose of the bodies. The state argues that the trial court erred by excluding the statement Mark made to Redmon, and that Mark’s statements should be admissible because he is a party-opponent. The appeals court held that because the state has not alleged that Mark is a co-conspirator, his statements are not of a party-opponent and are therefore inadmissible as hearsay.  

Hugh Struss said that Eric Valdivia told him that Alfonso shot and killed Janek and Abulhusn in the basement of the bar Valdivia owned. The state argued that Valdivia’s statements are admissible because they were an “excited utterance.” But the appeals court held that no indication existed about how much time had passed between the deaths and Valdivia’s statements. Citing Boatner v. State, 934 N.E.2d 184, 186 (Ind. Ct. App. 2010), 934 N.E.2d at 186, the appeals court held that the admission of an excited utterance turns on whether the statement was inherently reliable because the witness was under the stress of a startling event and therefore unlikely to make deliberate falsifications.

The appeals court affirmed the trial court, holding that the state had not shown that trial court abused its discretion by excluding Mark Chavez’s and Valdivia’s statements.


  • Excitable utterance? ha ha ha
    very very unprofessional for the state of Indiana to think an excited utterance would be valid what they should have gone with is a personal sense impression idiots. Hearsay within Hearsay is inadmissible in Indiana, always has been how many would get arrested if groups of ppl who shared a common hatred for another would make up fallacies?

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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"