ILNews

Court: delayed rape conviction OK

Jennifer Nelson
January 1, 2008
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The Indiana Court of Appeals affirmed a defendant's rape conviction, finding his due process rights weren't violated when charges were filed in 2005 for a rape that happened nearly 25 years earlier.

In Thomas N. Schiro v. State of Indiana, No. 10A01-0701-CR-21, Thomas Schiro appealed his conviction of felony rape, arguing the trial court erred by denying his motion to dismiss the charges brought against him in 2005 for two rapes that occurred in 1980 and by admitting his written sexual autobiography and a photograph of his victim with her disabled daughter.

Schiro was in prison in 2005 when the state filed rape charges against him, alleging he had committed two rapes in late 1980. Schiro was in prison following his conviction for felony murder of an Evansville woman in February 1981. He was originally sentenced to death, which is why the state failed to file the rape charges against him for the two rapes in which both women at the time identified Schiro as their attacker. However, the Indiana Supreme Court set aside his death sentence in 1996 and imposed a 60-year sentence instead.

The state reopened the investigation into the rapes in 1997 but couldn't locate L.S., one of the victims. The state also had trouble finding Schiro's former girlfriend, who they believed was a key prosecution witness. Eventually, G.G., the other victim, L.S., and Schiro's ex-girlfriend were all found by 2005. The state charged Schiro with felony rape and felony criminal deviate conduct against both G.G. and L.S. Schiro filed motions to dismiss the charges, which the trial court denied.

The state also allowed portions of Schiro's sexual "autobiography" - written during a mental evaluation prior to his murder trial - which chronicled rapes, sexual assaults, and other crimes into evidence, as well as a photograph of L.S. with her disabled child. Schiro was found guilty on the charges committed against L.S., but not G.G. He was sentenced only on the rape charge because the statute of limitations had run out on the criminal deviate conduct charge. The trial court imposed a 40-year sentence.

On appeal, Schiro failed to show the state's delay in filing the charges was inexcusable. It would have been a waste of taxpayer money to prosecute him for the G.G. and L.S. rape cases while Schiro was in prison on a death sentence. Once his sentence was reduced, the prosecution opened the case and waited until they had both victims and a key witness before proceeding with the charges, wrote Judge James Kirsch.

"Schiro has failed to establish that the evidence is without conflict and leads inescapably to the conclusion that he is entitled to a dismissal. Consequently, we find no trial court error in its decision to deny Schiro's motion to dismiss on the basis of prosecutorial vindictiveness," he wrote.

In regards to the admission of Schiro's sexual autobiography, the Court of Appeals concluded the probative value of the statements wasn't substantially outweighed by the danger of unfair prejudice, so there was no error in admitting portions of the text. The trial court also didn't err in admitting the photograph of L.S. with her disabled daughter because L.S. had already testified that her daughter was at home at the time of the attack and had cerebral palsy. Even if the state excluded the photograph, there was enough evidence from which the jury could reasonably infer Schiro's guilt beyond a reasonable doubt, the judge wrote.
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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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