Police questioning gets conviction booted a second time

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The child molesting conviction of a Lafayette man has again been overturned by the Indiana Court of Appeals because of problems with statements he made to police.

Ryan Bean was convicted in 2010 of Class A felony child molesting for abusing his daughter, H.B. That conviction was thrown out when the Indiana Court of Appeals ruled his confession was obtained in violation of Miranda rights.

Bean went voluntarily with Carroll and White county detectives to the Lafayette police station under the impression he was going to be questioned in connection with an investigation about child pornography. When the questioning turned to allegations made by his daughter, Bean invoked his right to counsel but the police did not honor his request.

During his retrial, the prosecutor called White County Sheriff Patrick Shafer to testify. Defense counsel objected, noting the admission of Bean’s interview at the first trial caused the second trial.

The trial court also expressed concern that even by narrowly questioning Shafer about the investigation process, the prosecutor could give the jury the impression that Bean said something to police. This, in turn, could penalize Bean for invoking his right against self-incrimination.

The prosecutor proceeded and asked Shafer about the pretrial investigation methods.

Bean appealed, asserting the prosecutor committed misconduct by having Shafer testify and by reinforcing in his closing arguments the vouching testimony from H.B.’s mother and the Indiana Department of Child Services investigator.

Like the trial court, the Court of Appeals found Shafer’s testimony punished Bean for exercising his Miranda rights.

“But most importantly, Sheriff Shafer’s testimony invited the jurors to speculate about what occurred during his interview with Bean – it implied either that he interviewed Bean and that Bean was silent or that Bean spoke during the interview but for some unknown reason, jurors were not permitted to hear what he said,” Chief Judge Nancy Vaidik wrote for the court. “Both implications were improper – a prosecutor may not make a statement that a jury may reasonably interpret as an invitation to draw an adverse inference from a defendant’s silence … and this Court had already held that Bean’s Fifth Amendment rights were violated during his pretrial interview, making the substance of this interview inadmissible.”

The Court of Appeals found Bean was denied a fair trial and reversed his conviction in Ryan E. Bean v. State of Indiana, 91A02-1310-CR-912. In a footnote, the court stated Bean may be retried.   


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

  2. 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.

  3. (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.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...