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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...