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Defendant not harmed by refusal to grant mistrial

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The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.

Kenneth Dwayne Vaughn was on trial for robbery, theft and resisting law enforcement before Lake Superior Judge Thomas Stefaniak. Before his trial began, he had an uncooperative relationship with his court appointed attorney, vacillating back and forth between having an attorney and proceeding pro se. Vaughn disagreed with his attorney’s decision to not call a certain witness to testify.

When Vaughn took the stand, he answered his attorney’s first question by complaining to the jury about his counsel’s trial strategy. Stefaniak told Vaughn to stop talking four times, but Vaughn kept speaking. Stefaniak then ordered the bailiff, who was not in the room when Vaughn began testifying, to put his hand over Vaughn’s mouth to quiet him. The jury was also instructed to leave the room during this incident.

Vaughn eventually agreed to answer his attorney’s questions before the jury. Only after Vaughn finished speaking did his attorney move for a mistrial, which Stefaniak refused to grant.

The justices had to decide whether Vaughn suffered actual harm from the judge’s order that the bailiff cover his mouth. A defendant has the right to appear before a jury without physical restraints – Vaughn was briefly restrained by the bailiff. The Supreme Court found there was no actual harm because the incident was so brief, and the jury was quickly removed. The justices also pointed to the fact Vaughn’s attorney didn’t immediately seek a mistrial.

Hindsight is 20/20, Justice Steven David wrote, so it may have been better practice for the judge to warn Vaughn that if he kept talking he would not be allowed to speak in the future. David also suggested that security should have been in the room, particularly because Vaughn had been uncooperative in the past.

The high court also agreed with the trial judge and Court of Appeals Judge Ezra Friedlander that it appeared Vaughn was trying to have a mistrial declared. Vaughn said in one of his pro se motions that he was familiar with trial procedures from having represented himself in 2006. He said he read about trial procedure while in prison.

“It is clear to us he knew his way around the criminal justice system and had the knowledge to attempt to create his own mistrial,” David 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.."

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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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