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. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.