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COA: Court properly denied instruction on innocence

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A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.

In Nelson Julian Santiago v. State of Indiana, 45A03-1207-CR-304, Nelson Julian Santiago was charged with murder, battery, aggravated battery and neglect of a dependent in connection to his four-month-old daughter’s death. She died from bleeding in the brain. The state’s witness testified the baby died from shaken baby syndrome; Santiago’s expert testimony said that the bleeding could have been caused by a car accident the child was in a few months earlier or was a coagulation disorder similar to one the baby’s mother had.  Santiago was convicted of Class A felony neglect of a dependent.

The trial court refused to give Santiago’s jury instruction regarding the presumption of innocence, which was based on language from Robey v. State, 454 N.E.2d 1221, 1222 (Ind. 1983). The justices held the instruction given in that case on the theory of the defendant’s innocence must be given if requested, but ruled the trial court didn’t err in denying the presumption of innocence instruction based on the other instructions given to the jury.  

“Like Robey, a consideration of the jury instructions in this case taken as a whole demonstrates that the jury was properly instructed to presume the defendant innocent and demand that the State produce strong and persuasive evidence of guilt wholly at odds with innocence,” Chief Judge Margret Robb wrote in Santiago.

“A panel of this court has stated that Robey simply requires instructing the jury that it should fit the evidence to the presumption that a defendant is innocent. The instructions given by the trial court in this case — considered as a whole and in reference to each other — did that.”

The jury instructions in Santiago’s case appear to be based on the Indiana Pattern Jury Instructions, which is the preferred practice in Indiana, Robb noted.

 

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  • Innocent 'til proven guilty
    A defendan is supposed to be innocent until proven guilty, so why do prosecutors ask defendants, can you prove you were at home, can you prove you are innocent. Doesn't the burden of proof rest with the prosecution?

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  1. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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  5. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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