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Translated transcripts necessary for jury

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A trial court didn’t abuse its discretion when it admitted transcripts translated into English of drug transactions recorded in Spanish because the jury wouldn’t be able to understand the recording, the Indiana Court of Appeals ruled.

Noe Romo challenged the admission of the English transcripts of drug transactions he participated in with a confidential informant in Spanish. Romo, who was convicted of three counts of Class A felony dealing in cocaine, claimed the transcripts could only be admitted and given to the jury if the recordings were admitted and played for the jury. Romo’s attorney at trial argued that Grimes v. State, 633 N.E.2d. 262, 264 (Ind. Ct. App. 1994) says transcripts can only be used to help a jury understand audio tapes, but the trial judge saw no point in playing the Spanish audio when the jury wouldn’t be able to understand it. The judge allowed the transcripts as a substitute because they will “help the trier of fact.” The jury only received the transcripts, but both the transcripts and recordings were admitted into evidence.

In Bryan v. State, 450 N.E.2d 53, 59 (Ind. 1983), the Indiana Supreme Court explicitly discussed that transcripts “may” be necessary when audio is inaudible or to identify speakers, but it also left open the door for other possible circumstances.

“Today, we find that the instant facts present yet a third scenario - one in which the audio recording is not ‘[t]he best evidence of the conversation’ because the recording features a language that is beyond the comprehension of the entire jury,” wrote Judge Carr Darden in Noe Romo v. State of Indiana, No. 49A04-1003-CR-143.

Given that it was unlikely that the jury would understand enough Spanish and the idiom of the language at issue to understand the recordings, the trial court acted reasonably and within its discretion to give jurors copies of the transcript, the judge continued. There was no abuse of discretion in finding that playing the Spanish recordings as the jury read the English transcripts would not have helped the jury understand the audio and would have been a waste of judicial resources.

The appellate court affirmed that the state laid the proper foundation to establish the accuracy of the transcripts, that Romo wasn’t prejudiced by the admission of the transcripts, and that there was no error in admitting a detective’s opinion testimony. The appellate court inferred based on the detective’s position on the drug task force and his elevated rank that the detective had knowledge beyond that of the average juror regarding narcotics and was sufficiently familiar enough with the language of drug trafficking to provide testimony on the meaning of drug-dealing terms used by Romo in Spanish.
 

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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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