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No error in admitting testimony of domestic violence expert

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The Indiana Court of Appeals ruled that the admission of testimony by a domestic violence expert at trial did not violate four of Indiana’s evidence rules, as the defendant argued.

In Brian Otte v. State of Indiana, No. 84A01-1108-CR-356, Brian Otte was convicted of Class D felony residential entry; three counts of Class B misdemeanor battery; Class A misdemeanor criminal mischief; Class A misdemeanor operating a vehicle while intoxicated; Class B misdemeanor failure to stop after an accident resulting in damage to unattended vehicle; and being a habitual offender. Otte broke into his ex-girlfriend’s house, beat up her current boyfriend, and hit his ex-girlfriend, Colleen Amos. After leaving, Otte rammed his car into Amos’ several times.

Otte was charged Nov. 15, 2010; on March 15, 2011, he moved for a speedy trial. On April 29, the state moved for a continuance because two police officers would be out of town and unavailable for the May 19, 2011, trial date. Even after offering refunds to the officers for their vacations they would have to reschedule, one officer refused to move his vacation. The trial court granted the state’s motion and reset the trial for June 2.

At trial, after which defense asked Amos about domestic violence allegations she had made against Otte then recanted, the state introduced testimony from Yvonne Creekbaum, a domestic violence expert. She testified that victims of domestic violence routinely recant their stories.

On appeal, Otte challenged the admission of Creekbaum’s testimony and claimed his right to a speedy trial was violated.

The state made multiple attempts to secure the two officers at trial, but one was not amenable to rescheduling the vacation. Given the precedent permitting Criminal Rule 4(D) extensions for witnesses who are out of state and/or on long-planned vacations, the appellate court was satisfied that the extension was justified in the instant case.

The judges also ruled against Otte on his claims that Creekbaum wasn’t qualified under Indiana Evidence Rule 701 to give lay testimony; that Creekbaum was not qualified to be an expert witness under Rule 702; that Creekbaum’s testimony constituted impermissible vouching testimony pursuant to Rule 704(b); and that it was overly prejudicial pursuant to Rule 403.

Judge Nancy Vaidik concurred in result in a separate opinion, noting that she believed Creekbaum’s testimony was admissible under Rule 702 as syndrome evidence to help the jury understand why Amos recanted certain allegations she made against Otte. Battered Women’s Syndrome is a valid scientific theory under Rule 702, she wrote, so Creekbaum’s testimony regarding BWS is admissible.

 

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  1. 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.

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  4. 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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