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Man not prejudiced when prosecutor read illiterate witness' statement before jury

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Although it would have been better for the trial court to excuse the jury before reading an illiterate witness’s prior statement to him to refresh his memory, any error attributable to its use is harmless, the Indiana Court of Appeals ruled.

Dontevius Hutcherson was charged with murder, murder in the perpetration of a robbery, Class A felony attempted murder, Class A felony robbery, Class B felony aggravated battery and Class C felony battery for shooting at two men. Police took a statement from Victor Lee, who said that Hutcherson told him he had shot and robbed two men. At trial, Lee was able to authenticate his signature on the statement to police and remembered talking to police, but said he couldn’t remember what Hutcherson had told him.

Because Lee is illiterate, the trial court allowed the prosecutor to read the statement aloud to Lee in front of the jury. Lee then said he remembered “half of it but not all.” Hutcherson was found guilty as charged, but the trial court only entered judgment on the murder, attempted murder and robbery charges.

In Dontevius Hutcherson v. State of Indiana, No. 45A03-1109-CR-420, Hutcherson argued that allowing the prosecutor to read Lee’s prior statement aloud in front of the jury to refresh Lee’s memory violated his constitutional right of confrontation. Hutcherson’s attorney had raised a continuing objection to any line of questioning from Lee, but the trial court denied it, stating it would take one question at a time. When the state read the statement aloud, Hutcherson did not object so he waived this issue for appeal, wrote Judge Terry Crone. There was also no fundamental error on this issue.

Regarding the prosecutor reading aloud Lee’s statement before the jury, the COA noted that the court should have excused the jury before the actual reading of the statement to avoid potential prejudice. But Lee’s prior statement is cumulative and corroborated other witnesses’ testimony, so any error attributable to its use is harmless, wrote the judge.

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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