ILNews

Judges uphold admission of robbery confession

Back to TopCommentsE-mailPrintBookmark and Share

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.

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. 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.

ADVERTISEMENT