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. 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.."

  2. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  3. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

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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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