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Appellate court upholds murder conviction

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The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.

In Scott Pattison v. State of Indiana, No. 85A02-1101-CR-88, Scott Pattison challenged his felony murder conviction, arguing the trial court violated his rights under the Fourth Amendment and Article I, Section 11 of the Indiana Constitution by admitting surveillance equipment and video into evidence. He also claimed the trial court abused its discretion by allowing the jury to examine a weightlifting machine during deliberations and by refusing his request to question the jurors about their examination of the machine.

Pattison called 911 to say that his wife, Lisa, wasn’t breathing; she later died at the hospital. Pattison told police that he had come home from work to find his wife’s body in their exercise room, lying on a weightlifting bench with a weight bar pinned across her throat. Police saw Pattison’s home had a surveillance system but didn’t think it recorded anything since a DVD was missing from the slot. Police later learned that the surveillance system recorded to an internal hard drive. A search warrant allowed for police to seize the system, which held a recording showing Pattison arriving home from work hours earlier than what he told police.

At trial, the weightlifting machine was installed in the courtroom and the jury was allowed to come back into the room during deliberations to examine it. Some jurors recreated scenarios played out during the trial by detectives and witnesses.

The appellate court found a lot of the information used in the probable cause affidavit was stale, and it was a close call, but the remaining information could support the search warrant under the federal and state constitutions. The judges also found no issues with the jurors’ examination of the weightlifting machine because the experiments the jurors conducted with it were in line with the testimony presented at trial. There was also no abuse of discretion by the trial court in denying Pattison’s request to question the jury about their experiments.

The circumstantial evidence in the case – including that the Pattisons’ marriage was under severe stress and Lisa’s neck injury wasn’t consistent with the weight bar falling on her neck – was sufficient to establish beyond a reasonable doubt that Pattison killed his wife, the judges ruled.

 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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