Man not prejudiced when prosecutor read illiterate witness' statement before jury

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Although it would have been better for the trial court to excuse the jury before reading an illiterate witness’s prior statement to him to refresh his memory, any error attributable to its use is harmless, the Indiana Court of Appeals ruled.

Dontevius Hutcherson was charged with murder, murder in the perpetration of a robbery, Class A felony attempted murder, Class A felony robbery, Class B felony aggravated battery and Class C felony battery for shooting at two men. Police took a statement from Victor Lee, who said that Hutcherson told him he had shot and robbed two men. At trial, Lee was able to authenticate his signature on the statement to police and remembered talking to police, but said he couldn’t remember what Hutcherson had told him.

Because Lee is illiterate, the trial court allowed the prosecutor to read the statement aloud to Lee in front of the jury. Lee then said he remembered “half of it but not all.” Hutcherson was found guilty as charged, but the trial court only entered judgment on the murder, attempted murder and robbery charges.

In Dontevius Hutcherson v. State of Indiana, No. 45A03-1109-CR-420, Hutcherson argued that allowing the prosecutor to read Lee’s prior statement aloud in front of the jury to refresh Lee’s memory violated his constitutional right of confrontation. Hutcherson’s attorney had raised a continuing objection to any line of questioning from Lee, but the trial court denied it, stating it would take one question at a time. When the state read the statement aloud, Hutcherson did not object so he waived this issue for appeal, wrote Judge Terry Crone. There was also no fundamental error on this issue.

Regarding the prosecutor reading aloud Lee’s statement before the jury, the COA noted that the court should have excused the jury before the actual reading of the statement to avoid potential prejudice. But Lee’s prior statement is cumulative and corroborated other witnesses’ testimony, so any error attributable to its use is harmless, wrote the judge.



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  1. This is ridiculous. Most JDs not practicing law don't know squat to justify calling themselves a lawyer. Maybe they should try visiting the inside of a courtroom before they go around calling themselves lawyers. This kind of promotional BS just increases the volume of people with JDs that are underqualified thereby dragging all the rest of us down likewise.

  2. I think it is safe to say that those Hoosier's with the most confidence in the Indiana judicial system are those Hoosier's who have never had the displeasure of dealing with the Hoosier court system.

  3. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  4. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  5. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.