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Dissent: ‘No evidence’ tying convicted man to crime scene

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While a majority of the Indiana Court of Appeals affirmed an Indianapolis man’s trespassing conviction, another judge warned in dissent that the ruling went against the tenet of proof beyond a reasonable doubt.

“We are not in the business of horseshoes and hand grenades, where ‘close’ is good enough,” Judge Michael Barnes wrote in arguing evidence was insufficient for conviction in Drakkar R. Willis v. State of Indiana, 49A02-1310-CR-854. “I am convinced the State has failed in its burden of proof and vote to reverse.”

Drakkar Willis was convicted of Class A misdemeanor criminal trespass after police arrested him in response to a security alarm that sounded at Watkins Family Recreation Center. An officer saw a black male suspect running from the business about 100 yards away, and another officer later arrested Willis.

In affirming the conviction, the panel majority judges, Terry Crone and John Baker, cited Meehan v. State, 7 N.E.3d 255 (Ind. 2014), in which DNA on a glove found at a crime scene was deemed sufficient to support a burglary conviction. The majority found physical location near a crime scene was of greater probative value than DNA on an item found at a crime scene.  

“Before Meehan, we would have agreed with our dissenting colleague and reversed Willis’s conviction for insufficient evidence. But ‘we are bound to follow the precedent of our supreme court,” Crone wrote for the majority.

In reviewing the sufficiency standard in Meehan, “we conclude that a reasonable factfinder could infer that Willis was inside the Center and knowingly or intentionally interfered with the possession or use of its property without the owner’s consent. Willis’s argument to the contrary is merely a request to reweigh the evidence, which we may not do.”

Barnes rejected the majority’s interpretation of Meehan. “I do not believe that case demands or commands that the basic and longstanding tenets of the definition of ‘proof beyond a reasonable doubt’ be altered. Others may disagree.”

“A bit of review is in order. An alarm sounds, police are dispatched. While nearing the building from which the alarm emanated, an officer sees a black man running in a direction away from the building, approximately 100 yards in the distance. This man was Willis, and he was convicted of trespass. There is no evidence tying Willis to the scene.

“… The entirety of the evidence upon which Willis was convicted was the fact that he was seen running at a distance of approximately 100 yards. I am not convinced that this evidence can be construed as Willis’s fleeing from the scene of the crime. Even though we are bound to give the State a reasonable inference here, it is well-settled Indiana law that flight from a crime scene, in and of itself, is not sufficient to sustain a conviction.”

 
 

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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

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  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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