ILNews

Appeals court sides with murder defendant in hearsay appeal

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

  • 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?

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

ADVERTISEMENT