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Appeals court upholds rape conviction

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A man convicted of rape based on DNA evidence and his admission that he had sex with the victim failed to prove to the Indiana Court of Appeals that he was denied a fair trial due to the admission of hearsay testimony and a sustained objection to an attempt to refresh the victim’s memory.

Corey Cole was convicted of rape for an assault in a car at a bar parking lot where the victim, J.S., had been placed by her bartender boyfriend, D.R., after she became intoxicated and passed out at the bar, according to court records.

D.R. and J.S.’s roommate checked on her periodically, but the last time the roommate checked, she witnessed a man exit the car and take off running. J.S. was passed out in a state of undress, witnesses said.

Police and a sex crimes investigator arrived and attempted to rouse J.S. but couldn’t. She didn’t wake until she was in an ambulance on the way to the hospital, where evidence was collected using a rape kit.

DNA analysis of fluids found on the victim identified Cole as a suspect. At trial Cole said he had intercourse with the victim but it was consensual. He was convicted and sentenced to 12 years in prison with six years suspended.

In his appeal, Cole said the Marion Superior Court committed fundamental error by allowing hearsay  evidence from witnesses regarding a beer bottle found in the parking lot with his fingerprints. Cole argued the court committed reversible error when it sustained a state objection to his attempt to refresh the victim’s memory with a nurse’s notes about how much the victim had  to drink.

Appeals court Judge Melissa May wrote in the unanimous opinion, Corey Cole v. State of Indiana, 49A02-1111-CR-1019, that “Cole invited some of the error, the uninvited statements were cumulative of other testimony, and they did not likely contribute to the decision regarding Cole’s guilt. Accordingly, we affirm.”

The court cited Meadows v. State, 785 N.E.2d 1112, 1122 (Ind. Ct.App. 2003), that holds that erroneous admission of evidence is not a reason for reversal if there is “substantial independent evidence of guilt so that there is no substantial likelihood that the challenged evidence contributed to the conviction.”

“The testimony about which Cole complains did not likely contribute to his conviction. Cole admitted he had sex with J.S. on the night in question, which places him at the scene of the crime regardless of whether his fingerprint was on a beer bottle and his DNA was on J.S. Therefore, based on Cole’s own testimony, we cannot say fundamental error occurred,” May wrote.

 

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

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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