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Gun seizure case presents first impression issue

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A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.

The transfer petition filed Sept. 5 by Carmel attorney Guy Relford argues state laws allowing the taking of firearms from people deemed “dangerous” are unconstitutionally vague and that the law as applied to his client, Robert Redington of Indianapolis, is unconstitutional and wasn’t sufficiently supported by evidence.

IL_Guns08-15col.jpg Carmel attorney and firearms training expert Guy Relford has petitioned the Indiana Supreme Court for transfer of a case in which a man’s guns were seized without an arrest.(IL file photo)

Redington was never charged, and he was released after three days of observation by mental health professionals “on the specific conclusion that he was not a danger to himself or others,” the petition claims.

“Only individuals who pose an imminent risk to themselves or others should be subject to the seizure and confiscation of their firearms,” the petition argues. “Lawful and sane Indiana residents should not be subject to those penalties based only upon the speculation and conjecture of persons untrained in mental health – such as law enforcement officials – and unsupported by competent expert testimony.”

The brief says Redington, 56, has no criminal history and has held the same job for 35 years. “Yet despite the fact that Redington has never been arrested or convicted of any crime and his property has never been used in a crime, his property has nonetheless been seized by the State without any compensation to Redington whatsoever. … It is therefore clear that the Act violates Article 1, §21 of the Indiana Constitution and the Fifth Amendment of the U.S. Constitution as applied to Redington.”

The case presents a matter of first impression: Who may be considered dangerous enough under state law to have weapons taken from them without being criminally charged.

That question resulted in a split 48-page opinion last month from the Indiana Court of Appeals which affirmed a trial court order and the subsequent confiscation of firearms from Redington’s home. Three judges wrote three opinions, but two upheld Monroe Circuit Judge Mary Ellen Diekhoff’s order to search Redington’s home and confiscate weapons after she determined he was “dangerous” under I.C. § 35-47-14-1(a)(2)(B).

The state believes the Court of Appeals got it right.

“Mindful of the right to bear arms, the Legislature passed a statute to address situations with armed mentally disturbed individuals posing danger to others; and we agreed with the Court of Appeals decision that the statute is constitutional and that the trial court judge properly applied the law in this circumstance,” said Bryan Corbin, spokesman for Indiana Attorney General Greg Zoeller. “We contend the Court of Appeals should be affirmed.”

Bloomington police detained Redington on Aug. 4, 2012, after encountering him in a parking garage near Kilroy’s Sports Bar just off the IU campus. He had been scoping out the location with a range-finder, and his behavior was erratic, according to police. He told far-fetched stories of having met Spierer, and he asked police about their proficiency shooting at long distances. Redington also later told authorities he’d seen spirits, among other things, that prompted police to detain him on the belief that he was delusional.

Detectives took Redington to IU Health Hospital in Bloomington, where a doctor said Redington suffered from “a type of personality disorder called schizotypal,” and perhaps a paranoid or delusional disorder. A registered nurse assigned to Redington said he “‘appeared delusional, grandiose, and ... religiously preoccupied,’ in that he appeared to be experiencing ‘a break with . . . reality’ and that he claimed ‘he would know things that would happen beforehand,’” according to the prevailing COA opinion written by Judge Elaine Brown and joined with a concurring opinion by Judge Cale Bradford.

Redington was legally carrying two handguns that were seized, along with a shotgun found in the trunk of his car. During the period of his psychological evaluation, the search of his home ordered by Diekhoff turned up another 48 firearms and ammunition that were seized, and Redington’s license to carry a handgun also was suspended.

“This case appears to be an issue of first impression, and, as recent events nationwide have demonstrated, poses a question of great public interest,” Brown wrote. “We find that Redington continuing to own firearms threatens to inflict ‘particularized harm’ analogous to tortious injury on readily identifiable private interests.”

But Relford’s brief cites Judge Patricia Riley, who wrote in dissent that the state failed to meet its burden showing a person is dangerous if he “presents an imminent risk of personal injury” to himself or another. She noted that the psychologist who examined Redington after his involuntary commitment testified that he was released when it was determined he didn’t pose an imminent danger.

“The State provided no further probative evidence establishing otherwise,” Riley wrote. “I would therefore reverse the trial court.”  

The brief seeking transfer also refers to popular culture to argue that the government has no legitimate interest in depriving law-abiding citizens of their Second Amendment rights based on the possibility of a future risk.

“Indeed, the State’s application of the Act to Redington is eerily reminiscent of the movie ‘Minority Report,’” the brief argues, citing the science-fiction film’s cautionary tale of a “department of pre-crime” in which future criminals are arrested and punished before offending.•

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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

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