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Judges reverse convictions based on use of witness’s statement

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Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions.  

Teresa Beever returned home from dining at Earl’s restaurant in Brook, Ind., to find her home had been burglarized. Kelly Tebo, a waitress at the restaurant, texted her boyfriend, Jacob Herron, to tell him the Beever home would be unoccupied, according to her statement to investigators. She also said she saw him carry two bags, one of which he said contained things stolen from the Beever home.

The state put Tebo on the stand to impeach her with her pre-trial statements over Herron’s objection. At his trial, Tebo said Herron said nothing about stealing from the Beevers and that they traveled out of town for a bridal shower, thus the two bags. She also denied discussing the burglary with anyone other than investigators, but the state then called Beever to the stand, who said Tebo admitted texting Herron on the night of the burglary and that the bags had things from her home.

“Put simply, the record belies the State’s argument that Tebo’s testimony served a legitimate non-impeachment purpose. The State knew before trial that Tebo’s testimony would be inconsistent with her pretrial statement.  Tebo’s direct examination spans thirty-five pages, thirty of which pertain to her pretrial statement, and the remaining pages do not contain substantive testimony,” Chief Judge Nancy Vaidik wrote in Jacob Herron v. State of Indiana, 56A03-1306-CR-210. “These facts, when considered in light of the minimal evidence tying Herron to the burglary, lead us to conclude that the State’s only purpose in calling Tebo as a witness was, in fact, impeachment. Tebo readily admitted that her testimony was inconsistent with her pretrial statement. Despite admitting herself a liar, the State drove the point home by reading, line-by-line, from her pretrial statement. This was improper and unnecessary.”

The jury couldn’t use Tebo’s pretrial statement as substantive evidence against Herron because it was admitted solely for impeachment. But when a witness is impeached as Tebo was — by reciting portions of the witness’s pretrial statement — there is a very real threat that the impeachment evidence will be used as substantive evidence, Vaidik continued.
Vaidik and Judge Melissa May voted to reverse his conviction and held he could be retried.

Judge Patricia Riley dissented in part, believing that while the state’s procedure for impeaching Tebo was improper, the error was harmless. She found enough circumstantial evidence existed to prove Herron committed the offenses, including a glove found at Herron’s home that matched a photographic imprint taken at the Beevers’ residence.

She found the trial court did not abuse its discretion in allowing the state to call Tebo as a witness because the jury may have wondered why such a valuable witness was being kept from the stand if she was not called.
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. 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.

  4. 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???

  5. 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?

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