ILNews

Life sentence upheld for man who killed neighbor

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The Indiana Supreme Court rejected a man’s claims that certain photos of a murder victim should not have been admitted at his trial. The justices upheld Tyrice Halliburton’s life without parole sentence for the murder of Sheena Kiska.

Police found Kiska dead in her apartment in March 2008. She had been stabbed multiple times and also suffered blunt-force injuries. Halliburton became a suspect after he told police he saw another resident murder Kiska, providing details that would have been impossible from his vantage point. Police also found Kiska’s DVD player in his car that had been taken from her apartment a month before the murder. His girlfriend, Nicole DeFronozo, also revealed that she knew in 2008 that Halliburnton had killed Kiska but remained quiet for more than three years.

The state sought life without parole after alleging Halliburton intentionally killed Kiska while committing or attempting to commit burglary. He was convicted in 2012.

Halliburton appealed, arguing the trial court erred in admitting certain photographs and the testimony of his girlfriend’s mother, and that the trial court’s limiting instruction was erroneous.

Halliburton only objected to the admission of a few of the 27 pre- and post-autopsy photos; his remaining claims on appeal are based on fundamental error. The justices rejected his claims finding the photos did not serve to inflame the emotions of the jury but showed her injuries or how her body was found.

They also found no fundamental error in the introduction of testimony from Cynthia Bollenbaugh, DeFronzo’s mother. She testified that she urged her daughter to tell the truth when she learned of Halliburton’s involvement in the murder. She was not testifying as to whether DeFronzo had testified truthfully, as he claimed, so there was no violation of Ind. Evid. Rule 704(b).  

The justices did agree that the limiting instruction given by the judge regarding DeFronzo’s testimony was given in error.

“Here the instruction did not imply that the trial court had formed an opinion on the credibility of a witness or the weight the jury was to give the witness’ testimony. However, the instruction nonetheless advised the jury that the trial court had made a preliminary determination that the testimony the jury was about to hear is ‘relevant’ and that the trial court had made a preliminary determination that the probative value of such testimony ‘outweighs any prejudice there may be.’ Although appropriate as an evidentiary ruling, the highlighted portion of the limiting instruction should not have been read to the jury in that it had no role in the matter,” Rucker wrote in Tyrice J. Halliburton v. State of Indiana, 20S00-1206-LW-560.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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