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Judges uphold admission of robbery confession

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A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.

Michael Freed robbed a Village Pantry convenience store in Lafayette in July 2008. He got $115 from the cash register, and the act was caught on tape, but the tape didn’t catch Freed’s face because he was wearing a disguise. It did record his voice. Freed was later arrested on charges of burglary and forgery for breaking into a couple’s home and stealing a checkbook. While in jail on those charges, Freed decided to have someone murder the couple so they couldn’t testify at trial.

He wrote a letter requesting the murder and gave it to another inmate to pass along to a hit man. The letter also contained a sentence saying “Check for an unsolved VP robbery in July of 08 at Concord and brady ln.” This was the equivalent of a confession to the VP robbery.

The other inmate notified police, who interviewed Freed. Freed also told another inmate about details from the VP robbery. DNA collected from Freed couldn’t exclude him as a contributor to DNA found on the hat worn during the robbery. A police detective also identified Freed’s voice as matching the one on the tape.

At Freed’s trial for robbery and theft relating to the VP robbery, Freed’s jailhouse letter containing the confession was admitted and the two inmates testified. Freed was convicted of Class B felony robbery.

In Michael Freed v. State of Indiana, No. 79A02-1010-CR-1187, he challenged on appeal the admission of the letter which contained information on the burglary, forgery and solicitation charges stemming from the break-in at the couple’s home. The judges affirmed its admittance, finding the uncharged conduct was relevant for a purpose other than suggesting the propensity to commit robbery. The burglary, forgery and murder solicitation contextualized Freed’s jailhouse letter and made it more probable that the confession to the VP robbery was authored by him, wrote Judge Nancy Vaidik.

While there was potential for prejudice, the judges found the probative value and need for the evidence was appreciable in the case. They noted that the trial court was conscientious in admonishing the jury that Freed’s uncharged misconduct – the burglary, forgery and murder solicitation charges – wasn’t admitted to demonstrate character or prove action in conformity therewith. There was also sufficient evidence to sustain his conviction, the appellate court ruled.

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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