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High court upholds life sentence

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The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.

Jeffrey Treadway appealed his convictions of murder, felony murder, robbery, and battery, and his sentence of life in prison without parole on numerous arguments, including that the trial court erred by not granting his motions for mistrial; in instructing the jury; and that his sentence is inappropriate.

Treadway knocked on the door of the home of an elderly couple for whom he had previously done some handy work. When Donald Carroll answered the door, Treadway attacked him with a brick, which caused his death. When Betty Carroll intervened, Treadway hit her and demanded money. She gave him $200 and he left. When describing the attacker to police, she noted his name was "Jeff" and he had previously done yard work for the couple. Treadway was arrested in Minnesota on an unrelated charge when police realized he was wanted in Indiana.

In Jeffrey Treadway v. State of Indiana, No. 49S00-0803-CR-147, the justices held the trial court didn't err in denying his three motions for mistrial based on hearsay testimony, jury separation, and instruction to the jury to continue deliberating. Under the hearsay testimony motion, Betty's stepson testified about what she had told him about her attacker. The testimony was nearly identical to Betty's testimony, so admitting it wasn't an error. Under the jury separation motion, the juror had been separated for just 20 minutes to express breast milk and no deliberations had occurred while she was gone, so there was no error. On the instruction to the jury motion, the trial court properly called the jury and the parties into open court, polled them, and notified the parties of the court's intent to instruct the jury to continue deliberating before sending the bailiff into the jury room. There was no error on this issue, wrote Justice Robert Rucker.

Treadway argued the trial court erroneously instructed the jury in the guilt and penalty phases of trial. The whole of the jury instruction during the guilt phase doesn't make it appear that the jury should come to a verdict when a verdict can't be reached, as Treadway claimed, wrote the justice. The trial court didn't err in instructing the jury by using the phrases "after you return a verdict" and "when you have agreed upon a verdict."

The trial court also didn't err in instructing the jury on the parole aggravator during the penalty phase or reading an instruction to the jury that included "a sentencing recommendation." Merely referring to the jury's determination as a "recommendation" didn't imply that its recommendation was only a preliminary step to sentencing and didn't suggest that the jury wasn't responsible for the ultimate sentence, the high court held.

The justices also rejected Treadway's argument that his sentence is inappropriate. Bludgeoning an elderly man to death during a robbery is horrific and brutal, and Treadway has an extensive criminal history beginning when he was a juvenile. His criminal conduct over the years has increased in seriousness, and despite being offered numerous opportunities to reform, he continued to pursue criminal activity.

The Supreme Court also affirmed the trial court didn't err in failing to dismiss the state's request for life imprisonment without parole; admitting into evidence the testimony of two inmate witnesses; that there was sufficient evidence; the state proved the existence of statutory aggravators beyond a reasonable doubt, and that the trial court's sentencing order is adequate.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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