ILNews

Judges affirm criminal reckless conviction

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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.

ADVERTISEMENT