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Court error denying police deposition in drug case harmless, COA rules

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A Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.

A jury convicted Michael Gray of Class D felony possession of cocaine, and he was sentenced to four years in prison by Master Commissioner Shatrese M. Flowers. His sentence was enhanced by a habitual substance abuse offender plea.
 
In Michael Gray v. State of Indiana, 49A02-1205-CR-352, Gray’s appeal centers on the testimony of an Indianapolis Metropolitan Police Department officer regarding a traffic stop. Gray was a passenger in a car stopped for speeding, after which police determined the driver’s license was suspended, and a search of the vehicle revealed crack cocaine.

At trial, IMPD officer Christopher Morgan testified that Gray at first said he didn’t know what was going on but later said “no (the cocaine) is not hers.” Gray’s defense disputed the testimony and wanted to play an excerpt from a deposition at which Morgan said Gray had stated instead that he did not want to blame the driver.

The state objected when Gray’s defense began to play the tape, and Flowers declined to admit evidence from the taped deposition.

“Because there was an inconsistency in the officer’s testimony, Gray contends that he should have been allowed to impeach Officer Morgan with his deposition testimony. We agree,” Judge Nancy Vaidik wrote for the panel. “Gray should have been permitted to play the specific portion of the tape that contained the inconsistent deposition testimony and give the officer an opportunity to explain the inconsistency.”

“We find the error harmless, however. Officer Morgan ultimately admitted that his testimony may have been inconsistent, making Gray’s impeachment attempt complete — though jurors likely found this admission less persuasive than an audio recording of the officer’s inconsistent statement,” Vaidik wrote. “And the evidence adduced at trial strongly points to Gray’s guilt: when police officers stopped the car Gray was riding in, Gray made furtive movements and appeared nervous. Gray was sitting in the passenger seat, and the cocaine was found in the passenger doorframe. Accordingly, we find no reversible error here.”


 

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

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  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

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  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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