ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.  
 

ADVERTISEMENT

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

ADVERTISEMENT