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Judges uphold college student's rape conviction

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The man charged with raping a fellow Vincennes University student following a night of drinking had his conviction affirmed by the Indiana Court of Appeals.

Jason Michael Palilonis challenged his Class B felony conviction of raping B.S., claiming the trial court abused its discretion when it denied his motion to correct error based on alleged juror misconduct; when it allowed the jury to be informed that B.S. was unavailable because she was deceased; in admitting statements made by B.S. during the course of her sexual-assault examination; when it admitted the vouching statements made by the nurse who performed B.S.’s sexual-assault examination; and when it admitted the statements Palilonis made during his interview with law enforcement after the incident. He also claimed there wasn’t sufficient evidence to support the rape conviction.  

Palilonis and B.S. met at a party and had sex. The next night, they were drinking at the same party. B.S. eventually went to a friend’s apartment and passed out on the couch. Palilonis showed up and attempted to have sex with her. A witness saw Palilonis having sex with B.S. Palilonis was beat up by some of B.S.’s friends, and B.S. woke up and went to the hospital for an examination.

About a year after the incident, B.S. committed suicide.

Several days after the jury convicted Palilonis, one juror claimed that the jury learned through the foreperson that the presiding judge told high school students visiting his courtroom that he thought Palilonis was guilty. A special judge heard the misconduct allegations but denied Palilonis’ motion to set aside the verdict.

The Court of Appeals ruled against Palilonis on all of his arguments except for his challenge to allowing vouching statements made by the nurse who examined B.S. to be admitted. The nurse testified that B.S.’s case was noteworthy to her because B.S.’s statement that she was raped was believable, but this is impermissible vouching testimony, noted Judge Nancy Vaidik in Jason Michael Palilonis v. State of Indiana, 42A05-1104-CR-197. It did not rise to the level of fundamental error, however.

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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