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Judges order new rape trial based on inadmissible evidence

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Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.

Ronald Dewayne Thompson was charged with Class A felony rape and Class B felony criminal deviate conduct, with prosecutors alleging he raped T.H. after offering to give her a ride. Thompson does not deny having sex with T.H., but claimed it was consensual.

During his trial, a Merrillville police detective testified that he was able to link Thompson to the rape of T.H. because Thompson was also a suspect in another sexual assault case that involved a similar location, vehicle and description of the suspect.

Thompson was convicted and sentenced to an aggregate 60-year sentence. In Ronald DeWayne Thompson v. State of Indiana, 45A03-1401-CR-8, he claimed the admission of the detective’s testimony violated Evidence Rule 404(b), because it did not fall under the identity or intent exceptions cited by the state.

The Court of Appeals agreed and reversed the convictions, noting that identity was not an issue because Thompson admitted to having sexual intercourse with T.H., so evidence of prior bad acts was not admissible to show modus operandi. The judges also found that the evidence is not admissible to show intent, because Thomson’s consent is not in question, just the victim’s, so contrary intent is not applicable.

“Here, the jury heard evidence suggesting that Thompson had sexually assaulted another woman. Thompson asserted that he had consensual sexual intercourse with T.H., while T.H. asserted that she had not consented. Therefore, the determination of Thompson’s guilt hinged solely on the credibility of T.H. In light of these circumstances, we find it likely that Detective Smith’s testimony had a prejudicial impact on the jury and contributed to the guilty verdict,” Judge John Baker wrote.
 

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  1. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  2. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  3. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  4. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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