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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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