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Man's convictions upheld despite court's use of inadmissible evidence

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The Indiana Court of Appeals found a trial judge abused his discretion in admitting portions of a defendant’s out-of-court taped police statements, but the appellate panel determined that error was harmless and not reason to reverse the man’s multiple rape and sexual conduct convictions.

Ruling on Imari C. Butler v. State of Indiana, No. 49A04-1012-CR-775, the appellate court unanimously upheld a ruling by Marion Superior Judge Kurt Eisgruber.

The case involved a woman identified only as B.G., who in April 2009 went to an Indianapolis club with two friends and later ended up alone with a flat tire. She’d given her cell phone to a friend and forgot to get it before they left the club and went separate ways, so B.G. went to pick up her phone later that night. She ended up driving around lost after 2 a.m. before her car hit a pothole and got a flat tire, leading her to a gas station where Imari Butler offered to fix the flat. He then asked for a ride and tried to touch her underwear before B.G. refused and smacked his hand away. Butler became demanding and angry, punching B.G. in the face and ultimately forcing her to give him oral sex in the car. Afterward, she tried to drive away but he then threatened to kill her and had intercourse with B.G. against her will.

B.G. went home and her roommate took her to the hospital. The rape investigation led to police interviewing Butler as a suspect in B.G.’s rape. The police learned Butler was detained on another matter and took him in custody, recording the interview that led to the state’s charging him with several felonies that included rape, criminal deviate conduct, and criminal confinement.

At a two-day jury trial in November 2010, Butler was convicted and sentenced to a total 60-year executed sentence, with the trial judge ordering 56 of those years to be spent in prison and four years in community corrections.

On appeal, Butler argued that the trial judge shouldn’t have admitted portions of his taped police interview with the detective. He’d objected at trial and stated the evidence was inadmissible, but after a redaction hearing the court allowed as evidence those portions referencing prior crimes, the detective's assertions of fact, and the detective's opinions about Butler’s character and guilt.

The appellate court agreed some of those statements should have been redacted, and it cited the case of Smith v. State, 721 N.E.2d 213, 216 (Ind. 1999), that held out-of-courts statements by police offered to prove the truth of the matter asserted aren’t permitted at trial. That is the same issue in this case, and the appellate judges found this evidence shouldn’t have been allowed.

But relying on Wilkes v. State, 917 N.E. 2d 675, 686 (Ind. 2009), the appeals court held that even despite that error, enough evidence also existed to affirm the convictions and so in the broader picture that error was harmless and doesn’t require reversal. Physical and DNA evidence and testimony are sufficient. The judges also noted that Indiana law allows uncorroborated testimony of a sexual-assault crime victim to be sufficient in sustaining a conviction, which the Court of Appeals held in 2006.

“In light of these facts, we conclude that the trial court abused its discretion in admitting portions of Butler’s taped interview, but we will not reverse Butler’s convictions because the error was harmless,” Judge Patria Riley wrote.



 

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  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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