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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. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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