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Court rules on first impression 'alibi' witness issue

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A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana Court of Appeals ruled today in an issue of first impression. Their testimony that the defendant wasn’t at the crime scene was actually a rebuttal of the prosecution’s argument the defendant was present.

In Deborah Edwards v. State of Indiana, No. 49A02-0911-CR-1093, Deborah Edwards appealed Marion Superior Judge James B. Osborn’s decision to exclude her two witnesses in her criminal recklessness case – Rachel Edwards and Robert Bell – because they were alibi witnesses and she hadn’t filed an alibi notice. Rachel Edwards and Bell were co-defendants on the charge. Deborah Edwards was convicted of the Class D felony.

Deborah Edwards wanted the two to testify that she was not present on the day of the attack, which wouldn’t make them alibi witnesses because they couldn’t testify as to where she was at the time of the crime. Those who want to offer an alibi defense must file a written statement with his or her intention to offer the defense and include specific information on the exact place where the defendant claims to have been on the date in question.

No Indiana court has decided whether an eyewitness to a crime who indicates only that a person was not at the scene of the crime is an alibi witness, noted Judge Melissa May. The appellate judges relied on State v. Volpone, 376 A.2d 199, 202 (N.J. Super. Ct. App. Div. 1977), and Kansas v. Deffebaugh, 89 P.3d 582, 588 (Kan. 2004), to rule that the trial court erred in excluding the witnesses’ testimony.

“The Volpone court accurately characterizes testimony a defendant was not at a crime scene as rebuttal to the prosecution’s contention the defendant was at the crime scene, which testimony, unlike an alibi claim, requires no further investigation by the prosecution,” wrote Judge May. “We find that characterization consistent with both the dictionary definition of 'alibi' and the language of our alibi statute.”

Evidence of a defendant’s absence from a crime scene isn’t an “alibi” defense, but is a rebuttal of the prosecution’s contention a defendant was at the scene and capable of committing the crime, the judge continued.

The state argued the exclusion was harmless, but there wasn’t overwhelming evidence of Edwards’ presence and involvement in the crime. Three witnesses didn’t identify Edwards as the person holding the bat and beating the victim as the state argued, and Edwards’ mug shot from the day of the attack doesn’t match a witness’ description.

The case is remanded for a new trial.
 

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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