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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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