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Security concerns should be part of record

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The Indiana Supreme Court wants state trial judges to offer written guidance if and when courthouse or jury security concerns come up during trial.

In its Friday decision in Chawknee Caruthers v. State of Indiana, No. 46S05-0910-CR-431, the state’s five justices analyzed a high-profile murder case before LaPorte Superior Judge Kathleen Lang in 2008. The case involves Chawknee Caruthers’ shooting and killing a man after mistaking him for someone else, and a jury found Caruthers guilty of murder.

During the trial, the court took extra security measures to address juror concerns that aren’t specified in the record. The court ruling says that Caruthers’ lawyer, James Cupp from Michigan City, made a statement on the final day of trial: “There apparently is some information afloat which I would characterize as somewhat a thinly veiled allegation of jury tampering, and that concerns me greatly. Apparently, someone somewhere has received some information from a juror or jurors that one or more of them, the jurors, are feeling intimidated by actions that such juror or jurors attribute to my client. I wanted to make a record of that, Your Honor, because I think it’s a very serious allegation …”

Cupp didn’t ask the court to take any action, according to the Supreme Court decision, and the trial continued and resulted in the jury convicting Caruthers of murder and finding him to be a habitual offender. At the sentencing hearing, the trial judge acknowledged the extra security and alternative parking for jurors and said the court advised them of the ministerial aspects of the precautions, but no one ever informed the judge about anyone being personally approached or threatened.

On appeal, Caruthers argued the trial court didn’t adequately interrogate the jury about the effect those security concerns had on their impartiality. The Court of Appeals issued a 2-1 decision last year reversing the convictions, finding the lower court should have at least inquired about the issue.

But the justices disagree with that.

“To require jury interrogations in any case that calls for heightened security measures would amount to an extreme precaution against jury bias,” Chief Justice Randall T. Shepard wrote, turning to precedent to say that it can’t infer prejudice when none is shown and no relationship appears to exist between a juror and one of the parties.

But even with that, the justices do point out that lower court judges should offer as much guidance as possible to allow appellate courts to adequately review circumstances.

“We acknowledge that best practice would have been for the trial court to enter its observations into the record at the time action was taken, giving further description of the nature of the jurors’ concerns and its reasoning for taking the security measures it did and not anything more,” the chief justice wrote.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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