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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. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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