ILNews

Justices: Cop went too far in saying man’s race prevented a fair trial

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court had strong words for police officers who intentionally mislead a suspect as to his rights to a fair trial and impartial jury because of his race: The tactic is unacceptable.

“Despite nearly two hundred years of effort by civil rights activists, legislatures, law enforcement, courts, and others, the perception remains that racial discrimination still exists within our justice system: from police treatment to jury selection to jury verdicts and sentences. And the perception is especially common within the African-American community,” Justice Steven David wrote in McLynnerd Bond, Jr. v. State of Indiana, 45S03-1309-CR-597. “It defines reality for many African Americans faced with, serving in, or incarcerated by our criminal courts, and unquestionably has roots in our nation’s tortured history of race relations. That there remains such fear or mistrust of the justice system is why all courts must remain vigilant to eradicate any last vestiges of the days in which a person’s skin color defined their access to justice.”

McLynnerd Bond Jr. was in police custody on outstanding warrants when a Gary Police detective questioned him about a cold case murder. For three hours, Bond denied being involved with the murder. During questioning, the detective implied he wouldn’t get a fair trial because of his race. Bond later admitted committing the murder.

Both the trial court and Court of Appeals denied Bond’s motion to suppress his statement. Judge James Kirsch dissented.

“But with respect to the detective’s statement that Bond might not receive a fair trial because of his race and the likely composition of a prospective jury, our sentiment goes beyond the trial court’s ‘great concern’ and the Court of Appeals majority’s disapproval of it as being  ‘inappropriate.’ This is not a police tactic that we simply do not condone’ because it is deceptive,” David wrote. “Instead, this was an intentional misrepresentation of rights ensconced in the very fabric of our nation’s justice system—the rights to a fair trial and an impartial jury, and the right not to be judged by or for the color of your skin—carried out as leverage to convince a suspect in a criminal case that his only recourse was to forego his claim of innocence and confess. And like Judge Kirsch, we condemn it.”

“This country has waged a long and difficult campaign aimed at ensuring equal access to justice for all its citizens — a campaign whose courtroom aspect has been perhaps marked most visibly by the efforts to ban racial discrimination in jury selection after the enactment of the Fourteenth Amendment. Such a police interrogation technique as we see here flies in the face of those efforts by implying that they were all for naught,” he continued.

“The trial court below concluded that, despite its great concern, ‘there is no caselaw that the Court is aware of that holds that this type of persuasion renders the confession involuntary.’ We clearly understand the trial court’s predicament. But now there is.”
 

ADVERTISEMENT

  • needless invention of new rights
    Well the opinion says the cop said this:........ "[d]on’t let twelve people who are from Schererville, Crown Point—white people, Hispanic people, other people that aren’t from Gary, from your part of the hood—judge you. Because they’re not gonna put people on there who are from your neck of the woods. You know that. They’re not gonna be the ones to decide what happens to you. You know that. I know that. Everybody knows that. All they’re gonna see is, oh, look at this, another young motherf***** who didn’t give a f***."............ What's wrong with this comment? I don't get it. It says whites and Hispanics and people not from gary. so what ? suppressing this voluntary confession is unnecessary pandering. Here's another thing. I am aware of a white criminal defendant accused of a crime, who was intimidated into pleas with threats of a majority black jury pool. Will they have the same "equal opportunity" to claim violation of due process as this African American defendant did? (Seems unlikely) I just don't think it is practical that we will ever get away from certain differences in location and jury pool odds. Yet another example of vain social engineering and racial utopianism. This will end up being a judicially made-up right that is a protection afforded to blacks and not to whites and as such will fly in the face of the socalled equal protection that is presumably part of the whole equation to begin with.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

ADVERTISEMENT