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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.