ILNews

Judges: defendant should be able to confront witness

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals has ordered the District Court to grant a convicted murderer’s habeas petition, finding the admission of out-of-court statements at his trial violated the man’s Sixth Amendment right of confrontation.

In 2004, a state court convicted Antonio Jones of robbery and four counts of murder. There was little evidence connecting him to the crime except for the testimony of Lenzo Aaron, who took a plea deal that dropped the murder charges against him in connection to the crime. He claimed Jones participated in the robbery and murder of four people inside a Gary apartment.

Jones challenged Aaron’s credibility and the state was allowed to present testimony from a detective detailing the tip that led to Jones’ arrest. The tip came from Jeffrey Lewis, the brother of another man who was allegedly there during the incident. Lewis told detectives what his brother had told him about the crimes. Lewis was never called to testify and Jones wasn’t able to confront him pursuant to the Sixth Amendment.

A split Indiana Court of Appeals rejected Jones’ argument that his Sixth Amendment right to confront was violated. The District Court denied Jones’ habeas petition and also denied his request for a certificate of appealability.

In the 48-page opinion handed down Thursday in Antonio Jones v. James Basinger, No. 09-3577, the Circuit Court pointed out that the trial record shows that Jones repeatedly suffered violations of his Sixth Amendment right to confront Lewis and his informant. Lewis’ statement to police was allowed at trial to establish the truth of his out-of-court declarations, but it was really double-hearsay and testimonial.

Judge David Hamilton also noted that the trial court had correctly identified the governing legal rules in Crawford v. Washington, 541 U.S. 36 (2004), but unreasonably applied those rules in this case. The state court erred by applying a “course of investigation” exception to Jones’ case that was so excessively broad as to allow the admission of testimonial hearsay whenever a defendant attempts to challenge the strength of the evidence or the veracity of the prosecutor’s witness against him, Judge Hamilton wrote. The Circuit judges cited Bruton v. United States, 391 U.S. 123 (1968), and Tennessee v. Street, 471 U.S. 409 (1985), to support their holding.

The judges found the admission of the detective’s testimony regarding what Lewis had said was not a harmless error, as both the trial court and District Court had concluded.

“Both courts failed to apply the correct legal standard,” wrote Judge Hamilton. “Both seem to have simply imagined what the record would have shown without Lewis’ statement and asked whether the remaining evidence was legally sufficient to sustain a finding of guilt. That analysis ignores the significant prejudicial effect the error can have on a jury’s ability to evaluate fairly the remaining evidence.”

The U.S. Constitution demands that Jones have an opportunity to confront the informant if his statements to Lewis, as reported to the police detectives, are to be used as evidence against Jones. The Circuit judges ordered the District Court to grant Jones’ habeas petition, directing the state to release Jones within 120 days of the issuance of the mandate unless the state decides to retry Jones within that time.
 

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

ADVERTISEMENT