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Justices question prosecutor’s tactics, but decline to award new trial

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The Indiana Supreme Court ruled Tuesday that while a Marion County prosecutor committed one instance of prosecutorial misconduct during a man’s trial for sexual misconduct with a minor, the effect of this misconduct did not make a fair trial for the defendant impossible.

“We recognize only a single instance of prosecutorial misconduct, namely that the prosecutor improperly urged the jury to convict the defendant for reasons other than his own guilt. But we decline to conclude that the trial court erred by not correcting the prosecutor’s misstatements,” Chief Justice Brent Dickson wrote in Bruce Ryan v. State of Indiana, 49S02-1311-CR-734.

The justices found no prosecutorial misconduct when the prosecutor commented on Ryan’s constitutional rights to a jury trial or on the truthfulness of the victim.

Bruce Ryan, an eight-grade science teacher, was charged with three counts of Class C felony sexual misconduct with a minor after he had a sexual relationship with a 15-year-old student. He was convicted on two counts, and on appeal, argued the convictions should be overturned due to remarks made by the deputy prosecutor during closing arguments.

The prosecutor alluded to “the bigger picture,” mentioned other perpetrators such as a teacher or pastor, and then implored the jury to “send the message that we’re not going to allow people to do this.”

“This clearly invited the jury to convict this defendant for reasons other than his own guilt, therefore constituting improper conduct,” Dickson wrote.

But Ryan’s failure to contemporaneously object and enable the trial court to take correct action resulted in procedural default of his appellate claim. The high court found no fundamental error occurred, requiring reversal of his convictions.

“Without question, the characterization of defense counsel’s line of argumentation as ‘how guilty people walk’ and a ‘trick,’ is inconsistent with the requirement that lawyers ‘demonstrate respect for the legal system and those who serve it, including … other lawyers,’” Dickson wrote. “But the defendant has failed to establish that, under all of the circumstances, such improper comments placed him in a position of grave peril to which he would not have been subjected to otherwise.”

“While we do not endorse the prosecutor’s trial tactics in this case, we affirm the judgment of the trial court,” Dickson wrote.

Justice Robert Rucker concurred in result without a separate opinion.  
 

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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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