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Murder confession after racially charged interrogation heads to Supreme Court

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Justices of the Indiana Supreme Court agreed to review whether the confession of a man charged with murder can be used against him because it was gained during a racially charged interrogation.

The murder confession case involves a nonpublished, divided Court of Appeals ruling on interlocutory appeal in which the appellate panel affirmed Lake Superior Judge Diane Ross Boswell’s denial of a motion to suppress the confession of McLynnerd Bond for the 2007 murder of Kadmiel Mahone.

At the center of the case is Gary Detective Edward Gonzalez’s interrogation of Bond, who is African-American. About two hours in, Gonzalez sought to convince Bond he couldn’t receive a fair trial at the courthouse in Crown Point, implying there would be no African-American jurors.

According to the record, Gonzalez told Bond, “Don’t let twelve people who are from Schererville, Crown Point, white people, Hispanic people, other people that aren’t from Gary, from your part of the hood, judge you. Because they’re not gonna put people on there who are from your neck of the woods.”

About an hour later, Bond confessed to killing Mahone. In McLynnerd Bond, Jr. v. State of Indiana, 45S03-1309-CR-597, the appeals court majority of Chief Judge Margret Robb and Judge Ezra Friedlander uncomfortably concluded that Bond’s confession in the cold case had been voluntary. “Like the trial court, we do not approve of the comment made by Detective Gonzales. However, this does not necessarily render the confession involuntary,” Robb wrote.

Judge James Kirsch briefly but strongly dissented, noting the detective also used an obscene name and screamed at Bond during interrogation, dismissing the trial court’s comment that the detective’s behavior caused it “great concern” and is “strongly discouraged.”  

“Yet, each time courts allow such conduct, they implicitly sanction it and encourage the next police officer in the next interrogation to go a bit further, to be more offensive, more racist and more deceptive,” Kirsch wrote.

“I would go beyond expressing ‘concern,’ ‘discouraging,’ ‘not approving’ and ‘condoning,’ and I would expressly condemn the police conduct that occurred here. Accordingly, I would reverse the trial court’s decision to deny the motion to suppress and remand for further proceedings.”

Separately, justices also granted transfer during the week ending Sept. 13 to a case considering whether an appeals court rightly threw out a trial court adjudication of a 14-year-old Indianapolis boy for what would be criminal gang activity if committed by an adult.

In G.H. v. State of Indiana, 49S02-1309-JV-595, the Court of Appeals held the evidence against the juvenile defendant was insufficient to support the trial court’s finding against him.

An appeals panel reversed the Marion Superior finding, ruling that a “guilt-by association argument is circular and unpersuasive.”

The case involves two other juveniles with whom G.H. “hung out,” and a question of whether the state met its burden of proving the elements of the charge: that the child (1) was an active member of a criminal gang, (2) had knowledge of the group’s criminal advocacy, and (3) had a specific intent to further the group’s criminal goals.

Justices denied transfer in 23 cases for the week ending Sept. 13. Transfer dispositions may be viewed here. 

 

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  1. Bob Leonard killed two people named Jennifer and Dion Longworth. There were no Smiths involved.

  2. Being on this journey from the beginning has convinced me the justice system really doesn't care about the welfare of the child. The trial court judge knew the child belonged with the mother. The father having total disregard for the rules of the court. Not only did this cost the mother and child valuable time together but thousands in legal fees. When the child was with the father the mother paid her child support. When the child was finally with the right parent somehow the father got away without having to pay one penny of child support. He had to be in control. Since he withheld all information regarding the child's welfare he put her in harms way. Mother took the child to the doctor when she got sick and was totally embarrassed she knew nothing regarding the medical information especially the allergies, The mother texted the father (from the doctors office) and he replied call his attorney. To me this doesn't seem like a concerned father. Seeing the child upset when she had to go back to the father. What upset me the most was finding out the child sleeps with him. Sometimes in the nude. Maybe I don't understand all the rules of the law but I thought this was also morally wrong. A concerned parent would allow the child to finish the school year. Say goodbye to her friends. It saddens me to know the child will not have contact with the sisters, aunts, uncles and the 87 year old grandfather. He didn't allow it before. Only the mother is allowed to talk to the child. I don't think now will be any different. I hope the decision the courts made would've been the same one if this was a member of their family. Someday this child will end up in therapy if allowed to remain with the father.

  3. Ok attorney Straw ... if that be a good idea ... And I am not saying it is ... but if it were ... would that be ripe prior to her suffering an embarrassing remand from the Seventh? Seems more than a tad premature here soldier. One putting on the armor should not boast liked one taking it off.

  4. The judge thinks that she is so cute to deny jurisdiction, but without jurisdiction, she loses her immunity. She did not give me any due process hearing or any discovery, like the Middlesex case provided for that lawyer. Because she has refused to protect me and she has no immunity because she rejected jurisdiction, I am now suing her in her district.

  5. Sam Bradbury was never a resident of Lafayette he lived in rural Tippecanoe County, Thats an error.

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