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Judges uphold 40-year sentence in drug deal turned robbery

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The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.

George Moss knew Philip Potenza and Randall Peterman. Moss set up a deal to sell marijuana to Potenza down the street from Potenza’s home, where he lived with Peterman. When Moss showed up, Todd Ruffin pointed a gun at Moss and demanded everything on him. The men then went to Potenza’s home, where they robbed Peterman. Peterman was shot in the leg in the process.

Police spoke with Peterman while he was in the hospital, and he said that it appeared Moss was also being held up by Ruffin and had his hands in the air. Peterman later said at Moss’ trial this statement was inaccurate and that he did not remember much about his time at the hospital because he was in shock. He testified he never saw a gun pointed at Moss and the two acted like a team.  

Moss presented a duress defense at his trial, claiming Ruffin pointed the gun at him and told him he would be killed if he did not do everything he was told. The defense wanted Peterman’s statement marked as defense exhibit A; the state objected to admission as an exhibit but not to the transcript being marked. After closing arguments, the defense wanted to have the court look at the statement, but the trial court denied it. Moss was found guilty of felony burglary, two counts of robbery, criminal confinement and carrying a handgun without a license.

In George Moss v. State of Indiana, 49A02-1311-CR-961, the Court of Appeals declined to find that the trial court abused its discretion by not reopening the case to admit the statement taken during Peterman’s interview with police at the hospital.

“Although Peterman testified and was subject to cross-examination, the statement was not given under oath. It was therefore inadmissible hearsay. At best, Peterman’s prior inconsistent statement was admissible only to impeach him, not as substantive evidence to prove that Moss was also under the threat of Ruffin’s gun,” Chief Judge Nancy Vaidik wrote.

The judges also rejected Moss’ request to have his sentences run concurrently, which would reduce his overall sentence from 40 years to 30 years. They pointed to his instigation and participation in the crimes and his criminal history.
 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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