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Prosecutor’s closing argument deprived defendant of fair trial

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A man convicted of sexual misconduct with a minor will get a new trial after the Indiana Court of Appeals found the prosecutor’s zealous statements made to a jury during closing arguments deprived the man of a fair trial.

In Bruce Ryan v. State of Indiana, 49A02-1211-CR-932, the Court of Appeals concluded the prosecutor committed misconduct that resulted in a fundamental error. Subsequently, it reversed Ryan’s two convictions for Class C felony sexual misconduct with a minor and remanded for a new trial.

“We have concluded that the prosecutor improperly commented on Ryan’s constitutional right to a jury trial; improperly disparaged defense counsel, the role of defense counsel, and our system of justice; improperly urged the jury to convict Ryan for reasons other than his guilt; and improperly vouched for Z.W-B.’s truthfulness,” Judge Terry Crone wrote for the court. “The State argues that no fundamental error occurred because the evidence of sexual misconduct was overwhelming and demonstrates that the results would have been the same without the prosecutor’s comments. We are unpersuaded.”

Ryan was convicted of two counts of Class C felony sexual misconduct with a minor after Z.W-B’s parents discovered emails from Ryan to their daughter and allegations of a romantic relationship emerged.

The COA found the state did not provide independent evidence that Ryan performed or submitted to touching Z.W-B in order to arouse or satisfy their sexual desires. Instead, the prosecutor made a series of statements that taken together deprived Ryan of a fair trial.







 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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