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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.

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  • 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. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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