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Justices consider 'youth program center' issue

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Walter Whatley isn't disputing the fact that he was in possession of cocaine and that he should be held accountable for that.

Instead, the Indianapolis defendant argues that he shouldn't have been convicted of Class A felony cocaine possession, which is what he was charged with given that he had the cocaine within 1,000 feet of a "youth program center" or a church near his home, where police arrested him after finding more than three grams of the illegal substance on him.

Taking his case to the Indiana Supreme Court, Whatley's attorney contends the statutory phrase of "youth program center" isn't adequately defined to include a church and it's constitutionally vague, meaning he should have received a Class C felony conviction that would have meant two to eight years rather than 20 to 50 in prison.

In its unanimous May decision, the Court of Appeals reversed Whatley's conviction on grounds that he'd been near a church, not a youth program center, and directed the trial court to enter a lesser Class C felony conviction. Specifically, the appellate panel held that the church wasn't converted into a youth program center by reason of holding faith-based activities for children, such as bi-weekly Girl Scout troop meetings and youth mentoring.

"The church was not a youth program center," the court wrote. "It remained a church notwithstanding the incidental activities not solely religious in nature."

Indiana Code Section 35-41-1-29 defines a youth program center as a "building or structure that on a regular basis provides recreational, vocational, academic, social, or other programs or services for persons less than eighteen (18) years of age."

The question of this case hinges on what that definition means, and whether it's constitutionally vague on its face or when no visible notice marks a building as a youth program center. During arguments, attorneys told justices that the trial record isn't clear if Whatley knew about the church's other focuses on youth, but it appears that no signage marked the Robinson Community Church as a youth program center.

State defender Victoria Bailey told justices that it not only mattered about having a sign marking the church or building as a youth program center, but also what the activity was happening inside. She said a factual dispute could be found in the verbiage requiring a "regular or recurring" activity, and that might not mean the same thing for everyone. People need to have the opportunity to know that a facility is a youth program center, so they can comply with the law, she said.

Justice Robert D. Rucker asked if the same rationale would apply to a school - that it wouldn't be enough to just know it was a school, but that the state would have to prove that the activities inside constituted those of a school. Bailey responded that a sign designating it as a school wouldn't be enough.

"The burden is on the state to prove each and every element of the offense," she said. "The statutory definitions for these various locations... are what matters."

On the state's behalf, attorney Ann Goodwin said the Court of Appeals' logic in this case is flawed because the panel used the basis of zoning law rather than what this particular statute says.

Justice Rucker asked about whether the definition would apply to a private residence where a family regularly has neighborhood kids over to study or stay the night. Goodwin said that wouldn't be considered a youth program center because it doesn't take in a common sense approach evident in the legislature's intent.

"A church is not per se a place where children gather, although I believe you are correct that as a practical matter, if cases go forward using churches, that the state will be likely to prove that," she said.

The statute doesn't apply to private residences, she added, and there isn't a knowledge component here. The legislature meant this to be a catchall provision to protect these places, she said,

Justice Theodore R. Boehm quickly responded to her point, saying, "It seems to me that you both want to embrace the statutory definition and also run away from it. In other words, your common sense point is correct but if you take the statutory definition then the Statehouse would become a youth center.... Yet you quite properly say how would any citizen understand that this is such a building? So there is a notice component somewhere."

He went on to grill Goodwin about the state applying the law to him, if he were to conduct youth activities in his home at 3 a.m. without anyone's knowledge outside of those there. Why wouldn't that apply, he asked?

"I do not believe Mr. Whatley's position that this is a slippery slope leading to encompassing the entire zone of Marion County," Goodwin said. "There is real guidance in the statute."

Bailey said there's a real danger of interpreting this case in a way that's overbroad, and could encompass areas such as malls, arcades, private homes - that's how the statute reads and that's why it's not clear, she said.

"All of those places, under this statute, are buildings or structures that offer programs or services, she said.

Justices have taken the case under advisement.

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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