ILNews

Translated transcripts necessary for jury

Back to TopE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

ADVERTISEMENT