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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. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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