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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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