ILNews

Inadmissible evidence leads to new trial

Jennifer Nelson
January 1, 2007
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The Indiana Court of Appeals today reversed and remanded for a new trial a case in which a defendant was convicted of fraud on a financial institution and identity deception based on documents that should not have been admitted as evidence.

In William J. Speybroeck v. State of Indiana, 20A05-0701-CR-40, Speybroeck appealed his conviction, arguing the state did not properly authenticate business documents pursuant to Indiana Evidence Rule 902(9) and that the trial court abused its discretion by admitting documents into evidence under Indiana Evidence Rule 803(6), the business records exception to the hearsay rule. Speybroeck also appealed whether a retrial is appropriate.

Speybroeck purchased a Kawasaki motorcycle from Maple City Cycle by opening a credit card through the business using the Social Security number and date of birth of his father, Robert, without Robert's permission. William also purchased parts for the motorcycle with the Kawasaki credit card; he never made any payments on the card.

Robert learned that William used his personal information to open an account in his name through HSBC bank and authorized police to investigate William. In October 2004, the state charged William with fraud on a financial institution and identity deception.

Before the jury trial began, William objected to the admissibility of the state's Exhibit 11, which included a notarized affidavit signed Oct. 23, 2006, by a bank employee and numerous documents from Kawasaki. William argued the affidavit wasn't authentic because it didn't indicate how many pages were attached nor did it identify what documents it was authenticating. Computer printouts included in Exhibit 11 were dated a day after the affidavit.

Williams also argued the Kawasaki documents, which included invoices and credit slips used by William, could not be admitted because the affidavit couldn't authenticate how Maple City and Kawasaki conducted its businesses nor could they be admitted because HSBC didn't create them in the ordinary course of its business.

The trial court overruled William's objection and admitted Exhibit 11 into evidence. William was found guilty and sentenced to an aggregate term of 16 years with six years suspended.

The court agreed the affidavit from HSBC bank does not authenticate the attached documents because it never specified which documents it purports to authenticate and it lacks a specific number of pages of documents. The affidavit lacks trustworthiness and does not comply with Rule 902(9) and all non-authenticated documents must be excluded from Exhibit 11, wrote Judge Edward Najam.

HSBC's submission of Kawasaki letters and documents are also not covered by the affidavit because the person recording the documents must do so in the regular course of business and have personal knowledge of the information. None of the Kawasaki documents satisfy Rule 803(6)'s requirements of reliability. Someone at HSBC was required to have personal knowledge of the information contained in the Kawasaki documents.

Because Exhibit 11 should not have been admitted into trial, William's convictions must be reversed, wrote Judge Najam. The state repeatedly used Exhibit 11, so it had to have impacted the judgment. The court remanded for a new trial and cited Ground v. State (Ind. Ct. App. 1998) and Stahl v. State (Ind. 1997).
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

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  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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