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5th Amendment right against self-incrimination not violated

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The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.

John Ludack was in a relationship with T.E. for several years and watched her children while she worked. About two years after he began dating T.E., Ludack started to molest T.E.’s 10-year-old daughter, M.E. He molested her several times and threatened her not to tell anyone. Several years later, she told her older brother, who reported it to their father. T.E. then called police and Ludack was arrested and charged with two counts each of Class A felony child molesting and Class C felony child molesting.

He was convicted on the charges and found to be a habitual offender. The Class C felony charges were dismissed per the state’s request, and Ludack was sentenced to the maximum 130 years.

In John Ludack v. State of Indiana, No. 49A02-1109-CR-930, Ludack argued that his right against compulsory self-incrimination under the Fifth Amendment was violated by Detective Chris Lawrence’s testimony at his trial. Lawrence interviewed Ludack after he was arrested. The defense first brought up whether Ludack made any admissions during the interview, and the detective said no. The trial court then allowed the prosecutor to further examine Lawrence to confirm Ludack neither admitted nor denied the charges. Lawrence then said, “He didn’t deny doing it either, he just asked to stop speaking.”
 
The appellate judges found the admission of the testimony didn’t rise to a fundamental error. Ludack’s attorney was the one who opened the door for the testimony.

“To open the door, the defendant’s evidence must use his or her pre-trial silence as probative of the defendant’s innocence and leave the trier of fact with a false or misleading impression,” wrote Judge Terry Crone.

The COA also upheld his sentence, noting Ludack was in a position of trust when he molested M.E., had a lengthy criminal history, and that the molestations appeared to stop only because he was arrested.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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