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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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