ILNews

Murder confession after racially charged interrogation heads to Supreme Court

Back to TopCommentsE-mailPrintBookmark and Share

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. 

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

ADVERTISEMENT