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Judges affirm criminal reckless conviction

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A man who turned his car sharply enough to force his girlfriend out of the car and onto the road had his conviction of Class A misdemeanor criminal recklessness affirmed by the Indiana Court of Appeals.

Michael Zanussi argued the trial court abused its discretion when it denied his motion for a continuance one day before his jury trial was to begin, that the trial court committed fundamental error when it admitted letters he wrote while in jail before trial, and that the state didn’t prove he committed the crime.

Zanussi was arguing in his car with Danielle Effinger when she became upset and unhooked her seatbelt and opened the door just enough that it wasn’t latched anymore. Zanussi then hit the gas and turned the wheel sharply, causing the door to fly open. Effinger flew out of the car and suffered minor injuries.

Five days before his trial was to start, Zanussi obtained replacement counsel. His new attorney said he could be prepared for the March 19 jury trial, but the day before the trial was set to start, the attorney sought a continuance because he had to travel to Chicago that day. The trial court denied the continuance.

Zanussi said he needed the continuance to deal with new evidence, but the attorney was granted time to discuss the new evidence with Zanussi prior to the start of trial, Judge Melissa May pointed out in Michael E. Zanussi v. State of Indiana, 29A05-1304-CR-173. Zanussi’s attorney also previously told the judge that he was prepared for trial, and there was no explanation how the motion to continue would aid in his preparation.

The judges found no fundamental error in the admittance of letters Zanussi wrote to Effinger while in jail that encouraged her not to testify. The state redacted the portions of the letter indicating Zanussi was in jail when he wrote the letters.

“Zanussi does not indicate specifically how the admission of the letters deprived him of a fair trial. The letters, especially Exhibit 7R, are highly probative, as they include statements indicating Zanussi was guilty and asking Effinger not to testify. Effinger’s mention that the letters were sent from jail was fleeting, as it happened once, and the State agreed to redact portions of the letters that indicated Zanussi was in jail. As the letters were not more prejudicial than probative, their admission was not an abuse of discretion and did amount to fundamental error,” May wrote.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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