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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. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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