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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. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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