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Judges affirm 911 recording properly admitted as evidence

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Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.

Trenton Teague briefly dated Chelsea Saylor; the relationship ended after Teague beat and injured Saylor. About a week after they broke up, Teague entered Saylor’s home in the middle of the night and began beating Saylor’s mother Staci Behnen with a crowbar or tire iron. She recognized the man as Teague. Saylor tried to break up the incident and Teague beat her. He stole the mother’s purse and fled.

Saylor ran next door and had neighbor Jan Bishop call 911. Bishop told the 911 operator statements Saylor made about her ex-boyfriend being the perpetrator and how her mom had been beaten. Behnen’s injuries required her transfer to an Indianapolis hospital trauma center.

After briefly fleeing to Florida, Teague was convicted as charged of Class A felonies burglary and robbery; Class B felonies burglary and aggravated battery; and Class C felonies battery. He was sentenced to 38 years on the Class A felony burglary charge and six years with four suspended on the Class B felony aggravated battery count. All other counts were merged into the felony burglary charge.

Teague argued that the 911 recording in which Bishop relayed Saylor’s statements should not have been admitted. The recording involves multiple hearsay, so it must fall within a hearsay exception to be admissible. The judges found Bishop’s statements to the operator qualify as excited utterance and cited other jurisdictions’ rulings in support that the 911 call is admissible.

“Here, Bishop did not have personal knowledge of the underlying incident Saylor described, but she did have personal knowledge of, and was responding to, the startling event or condition that came to her home in the middle of the night in the person of a bloodied Saylor screaming for help,” Judge Paul Mathias wrote in Trenton Teague v. State of Indiana, 89A01-1202-CR-86. “The 911 call confirms that Bishop was assiduous in relaying the operator’s questions to Saylor and Saylor’s answers in return."

The judges upheld Teague’s sentence, pointing out that the trial court found the crime against Behnen was “significantly more heinous, callous and reprehensible than what is called for by the statute.” The COA pointed out that Teague was ordered by a court not to have any contact with Saylor and he did, he did not pay child support as ordered, and fled the state to avoid prosecution.
 

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  1. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  2. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  3. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  4. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

  5. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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