ILNews

Man's convictions upheld despite court's use of inadmissible evidence

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals found a trial judge abused his discretion in admitting portions of a defendant’s out-of-court taped police statements, but the appellate panel determined that error was harmless and not reason to reverse the man’s multiple rape and sexual conduct convictions.

Ruling on Imari C. Butler v. State of Indiana, No. 49A04-1012-CR-775, the appellate court unanimously upheld a ruling by Marion Superior Judge Kurt Eisgruber.

The case involved a woman identified only as B.G., who in April 2009 went to an Indianapolis club with two friends and later ended up alone with a flat tire. She’d given her cell phone to a friend and forgot to get it before they left the club and went separate ways, so B.G. went to pick up her phone later that night. She ended up driving around lost after 2 a.m. before her car hit a pothole and got a flat tire, leading her to a gas station where Imari Butler offered to fix the flat. He then asked for a ride and tried to touch her underwear before B.G. refused and smacked his hand away. Butler became demanding and angry, punching B.G. in the face and ultimately forcing her to give him oral sex in the car. Afterward, she tried to drive away but he then threatened to kill her and had intercourse with B.G. against her will.

B.G. went home and her roommate took her to the hospital. The rape investigation led to police interviewing Butler as a suspect in B.G.’s rape. The police learned Butler was detained on another matter and took him in custody, recording the interview that led to the state’s charging him with several felonies that included rape, criminal deviate conduct, and criminal confinement.

At a two-day jury trial in November 2010, Butler was convicted and sentenced to a total 60-year executed sentence, with the trial judge ordering 56 of those years to be spent in prison and four years in community corrections.

On appeal, Butler argued that the trial judge shouldn’t have admitted portions of his taped police interview with the detective. He’d objected at trial and stated the evidence was inadmissible, but after a redaction hearing the court allowed as evidence those portions referencing prior crimes, the detective's assertions of fact, and the detective's opinions about Butler’s character and guilt.

The appellate court agreed some of those statements should have been redacted, and it cited the case of Smith v. State, 721 N.E.2d 213, 216 (Ind. 1999), that held out-of-courts statements by police offered to prove the truth of the matter asserted aren’t permitted at trial. That is the same issue in this case, and the appellate judges found this evidence shouldn’t have been allowed.

But relying on Wilkes v. State, 917 N.E. 2d 675, 686 (Ind. 2009), the appeals court held that even despite that error, enough evidence also existed to affirm the convictions and so in the broader picture that error was harmless and doesn’t require reversal. Physical and DNA evidence and testimony are sufficient. The judges also noted that Indiana law allows uncorroborated testimony of a sexual-assault crime victim to be sufficient in sustaining a conviction, which the Court of Appeals held in 2006.

“In light of these facts, we conclude that the trial court abused its discretion in admitting portions of Butler’s taped interview, but we will not reverse Butler’s convictions because the error was harmless,” Judge Patria Riley wrote.



 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.

ADVERTISEMENT