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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...