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Court rules on first impression 'alibi' witness issue

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A trial court erred in excluding testimony of a defendant’s witnesses on the ground they were alibi witnesses, the Indiana Court of Appeals ruled today in an issue of first impression. Their testimony that the defendant wasn’t at the crime scene was actually a rebuttal of the prosecution’s argument the defendant was present.

In Deborah Edwards v. State of Indiana, No. 49A02-0911-CR-1093, Deborah Edwards appealed Marion Superior Judge James B. Osborn’s decision to exclude her two witnesses in her criminal recklessness case – Rachel Edwards and Robert Bell – because they were alibi witnesses and she hadn’t filed an alibi notice. Rachel Edwards and Bell were co-defendants on the charge. Deborah Edwards was convicted of the Class D felony.

Deborah Edwards wanted the two to testify that she was not present on the day of the attack, which wouldn’t make them alibi witnesses because they couldn’t testify as to where she was at the time of the crime. Those who want to offer an alibi defense must file a written statement with his or her intention to offer the defense and include specific information on the exact place where the defendant claims to have been on the date in question.

No Indiana court has decided whether an eyewitness to a crime who indicates only that a person was not at the scene of the crime is an alibi witness, noted Judge Melissa May. The appellate judges relied on State v. Volpone, 376 A.2d 199, 202 (N.J. Super. Ct. App. Div. 1977), and Kansas v. Deffebaugh, 89 P.3d 582, 588 (Kan. 2004), to rule that the trial court erred in excluding the witnesses’ testimony.

“The Volpone court accurately characterizes testimony a defendant was not at a crime scene as rebuttal to the prosecution’s contention the defendant was at the crime scene, which testimony, unlike an alibi claim, requires no further investigation by the prosecution,” wrote Judge May. “We find that characterization consistent with both the dictionary definition of 'alibi' and the language of our alibi statute.”

Evidence of a defendant’s absence from a crime scene isn’t an “alibi” defense, but is a rebuttal of the prosecution’s contention a defendant was at the scene and capable of committing the crime, the judge continued.

The state argued the exclusion was harmless, but there wasn’t overwhelming evidence of Edwards’ presence and involvement in the crime. Three witnesses didn’t identify Edwards as the person holding the bat and beating the victim as the state argued, and Edwards’ mug shot from the day of the attack doesn’t match a witness’ description.

The case is remanded for a new trial.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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