ILNews

Court: delayed rape conviction OK

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals affirmed a defendant's rape conviction, finding his due process rights weren't violated when charges were filed in 2005 for a rape that happened nearly 25 years earlier.

In Thomas N. Schiro v. State of Indiana, No. 10A01-0701-CR-21, Thomas Schiro appealed his conviction of felony rape, arguing the trial court erred by denying his motion to dismiss the charges brought against him in 2005 for two rapes that occurred in 1980 and by admitting his written sexual autobiography and a photograph of his victim with her disabled daughter.

Schiro was in prison in 2005 when the state filed rape charges against him, alleging he had committed two rapes in late 1980. Schiro was in prison following his conviction for felony murder of an Evansville woman in February 1981. He was originally sentenced to death, which is why the state failed to file the rape charges against him for the two rapes in which both women at the time identified Schiro as their attacker. However, the Indiana Supreme Court set aside his death sentence in 1996 and imposed a 60-year sentence instead.

The state reopened the investigation into the rapes in 1997 but couldn't locate L.S., one of the victims. The state also had trouble finding Schiro's former girlfriend, who they believed was a key prosecution witness. Eventually, G.G., the other victim, L.S., and Schiro's ex-girlfriend were all found by 2005. The state charged Schiro with felony rape and felony criminal deviate conduct against both G.G. and L.S. Schiro filed motions to dismiss the charges, which the trial court denied.

The state also allowed portions of Schiro's sexual "autobiography" - written during a mental evaluation prior to his murder trial - which chronicled rapes, sexual assaults, and other crimes into evidence, as well as a photograph of L.S. with her disabled child. Schiro was found guilty on the charges committed against L.S., but not G.G. He was sentenced only on the rape charge because the statute of limitations had run out on the criminal deviate conduct charge. The trial court imposed a 40-year sentence.

On appeal, Schiro failed to show the state's delay in filing the charges was inexcusable. It would have been a waste of taxpayer money to prosecute him for the G.G. and L.S. rape cases while Schiro was in prison on a death sentence. Once his sentence was reduced, the prosecution opened the case and waited until they had both victims and a key witness before proceeding with the charges, wrote Judge James Kirsch.

"Schiro has failed to establish that the evidence is without conflict and leads inescapably to the conclusion that he is entitled to a dismissal. Consequently, we find no trial court error in its decision to deny Schiro's motion to dismiss on the basis of prosecutorial vindictiveness," he wrote.

In regards to the admission of Schiro's sexual autobiography, the Court of Appeals concluded the probative value of the statements wasn't substantially outweighed by the danger of unfair prejudice, so there was no error in admitting portions of the text. The trial court also didn't err in admitting the photograph of L.S. with her disabled daughter because L.S. had already testified that her daughter was at home at the time of the attack and had cerebral palsy. Even if the state excluded the photograph, there was enough evidence from which the jury could reasonably infer Schiro's guilt beyond a reasonable doubt, the judge wrote.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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