ILNews

Majority finds man entrapped to patronize prostitute

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals reversed a misdemeanor conviction for patronizing a prostitute, with two judges ruling the state was unable to rebut the man’s entrapment defense by showing he had a history of trying to buy sex.

Kenneth Griesemer was convicted of Class A misdemeanor patronizing a prostitute based on his interaction with an undercover detective posing as a prostitute on Washington Street in Indianapolis. He saw her, circled back in his car and asked the detective if she needed a ride. Detective Tabatha McLemore declined, saying she was trying to make money. She asked how much money he had and then told him what she would perform for $20. She said he could pick her up down the street, where he was arrested by police. During this interaction, Griesemer simply nodded in response to McLemore’s questions.

Griesemer argued in Kenneth Griesemer v. State of Indiana, 49A04-1308-CR-382, that his conviction should be reversed because he was entrapped. The judges found he established police inducement, so the burden of proof shifted to the state to demonstrate that the conduct was not the result of police efforts or that Griesemer had a predisposition to commit the crime.

The state argued Shelton v. State, 679 N.E.2d 499, 502 (Ind. Ct. App. 1997), supports that police merely afforded Griesemer an opportunity to commit a crime, so the state may not have induced his criminal behavior. In Shelton, two brothers were charged with road hunting for stopping their vehicle on the side of the road and shooting at a deer decoy set up by police.

“We cannot, however, hold that the facts herein are analogous to those in Shelton. Detective McLemore was not merely standing on the side of the road dressed like a prostitute. She was the first to mention money, a sex act, and the possibility of exchanging the two. For Shelton to be analogous, the deer decoy would have needed a sign or recording announcing to passers-by that they were welcome to shoot at the deer for twenty dollars,” Judge Melissa May wrote. “As the deer decoy contained no such explicit invitation to commit criminal behavior, we decline the State’s invitation to follow Shelton. Detective McLemore’s question and statements were sufficient to induce Griesemer to commit patronizing a prostitute.”

The state did not present any evidence to demonstrate Griesemer was predisposed to patronizing a prostitute, so it did not rebut his defense of entrapment, the majority held.

Chief Judge Nancy Vaidik dissented, writing, “I believe that the State proved that Griesemer was predisposed to commit the offense because the State established that Griesemer was not reluctant to commit the offense.”

She did not agree with the majority’s suggestion that in order to demonstrate predisposition, the state needed to show Griesemer has a history of patronizing prostitutes or is familiar with the jargon of the prostitution business.
 

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

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