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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. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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