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Man who fled after hearing not entitled to discharge

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The motion for discharge under Indiana Criminal Rule 4(C) by a man charged in connection with a gun shop burglary in Morgan County was properly denied by the trial court, the Indiana Court of Appeals held Thursday. Much of the delay in bringing him to trial within a year was attributable to the appellant, including his decision to flee after a hearing.

In Scott Speers v. State of Indiana, 55A01-1208-CR-391, Scott Speers was arrested by police on March 11, 2011, after blood found at the crime scene matched his DNA in the CODIS database. But his jury trial didn’t begin until July 17, 2012. In that time frame, Speers filed a motion to continue because his counsel was going to be out of town on the original trial date of Aug. 24, 2011, and then he later indicated he would plead guilty. Speers was also arrested in another county during this time, and then fled after a Dec. 22, 2011, hearing. He was arrested five days later.

The trial had to be continued so Speers could get a new attorney, as his prior attorney would be a witness in his escape case, and the case was moved to a different court. Nearly 480 days elapsed before Speers went to trial, but enough of the delay was attributable to Speers to support the denial of his Rule 4(C) motion, the Court of Appeals affirmed.

The judges also held that the trial court didn’t erroneously admit results of the DNA testing in violation of the Confrontation Clause of the Sixth Amendment when only DNA analyst Lori James testified. The lab tech who transferred the blood sample from the broken glass in the store to white cloths for testing by James did not testify. Citing Pendergrass v. State, 913 N.E.2d 703, 705 (Ind. 2009), the COA found that James’ testimony regarding the evidence sufficed for Sixth Amendment purposes because she had direct involvement in the testing and analysis of the DNA at issue.

They also rejected his claim that Pendergrass is no longer good law in light of the U.S. Supreme Court’s plurality opinion in Williams v. Illinois, 132 S. Ct. 2221 (2012).

Finally, the appeals court held that the direct examination of the lead detective by the state did not present evidence that created an “evidentiary harpoon,” as Speers contended. He sought a mistrial on the basis the state was leaving the jury to speculate how he was developed as a suspect. The state tried to avoid informing the jury of the CODIS match, which would have indicated Speers had a criminal history.

The trial court correctly denied the motion for mistrial, the judges ruled, because the question by the state and the detective’s response did not inject inadmissible evidence into the trial, and it was simply used by the state as a transition from testimony regarding the initial suspect to the detective’s subsequent investigation of Speers.

 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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