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Testimony showed intent in identity deception

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During a trial for identity deception, a court correctly admitted evidence under Indiana Evidence Rule 404(b) of the defendant's prior interaction with the victim of his identity theft and previous instances of using the victim's information, the Indiana Court of Appeals concluded today.

In Andrew G. Prairie v. State of Indiana, No. 29A02-0811-CR-985, Andrew Prairie was arrested and charged with identity deception as a Class D felony after he used David Hutchinson's personal information for billing at a hospital. Prairie had outstanding warrants and told police he used a fictitious person's information to avoid being caught; Prairie had actually been friends with Hutchinson in the past and once stayed at his home. That's how he obtained the needed information to use Hutchinson's identity.

The state filed a motion under Evid. R. 404(b) to use evidence of Prairie's prior relationship with Hutchinson and the testimony that Prairie had used Hutchinson's information to get a credit card and ATM card for Hutchinson's bank account. The trial court granted the motion that the evidence of prior bad acts wasn't too remote and it was probative on the question of the relationship between the two.

During opening statements, defense counsel said they didn't believe the state could show Prairie had intent to harm or defraud. The trial judge had considered later not admitting the evidence based on Iqbal v. State, 805 N.E.2d 401 (Ind. Ct. App. 2004), but because defense counsel put the question of specific intent into question at trial, the judge allowed the evidence to be admitted. The jury convicted him on the charge. 

Prairie argued it was an error to allow the state to introduce that evidence under Evid. R. 404(b). The evidence was admitted under the intent exception set out in the rule, and is allowed when a defendant affirmatively presents a claim of particular contrary intent, wrote Judge Ezra Friedlander.

The probative value of the evidence in question outweighs the prejudicial impact of the evidence, the appellate court ruled. In the instant case, the evidence was introduced to show Prairie didn't intend to avoid arrest but to defraud Hutchinson. Intent to defraud is an element of the offense of identity deception.

In making his statement to police about using made-up information, Prairie implied to the detective that he didn't think Hutchinson existed, which is clearly not true, wrote the judge. Hutchinson's testimony about the relationship and prior identity theft was relevant in that it was probative on the question of Prairie's intent in providing false information to the hospital for billing purposes.

"Although there is certainly at least a theoretical risk that the jury could conclude under these circumstances that Prairie was guilty this time because he had done something similar to Hutchinson before, we find this risk is outweighed by the fact that Hutchinson's testimony makes the existence of the intent element of the crime charged more probable than it would be without Hutchinson's testimony," wrote Judge Friedlander.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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