Trial court should have booted the bloody shoe, but conviction stands

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The Indiana Court of Appeals agreed with a convicted murderer that his bloody shoe should not have been admitted into evidence, but the judges did not overturn the conviction, ruling other substantial independent evidence supported the guilty verdict.

Douglas Guilmette appealed his conviction for murder, contending, in part, the trial court violated Article 1, Section 11 of the Indiana Constitution when it admitted the DNA evidence found on his shoe.

As part of its investigation into the September 2010 death of Greg Piechocki, the St. Joseph County Metro Homicide Unit interviewed Guilmette twice. During these sessions, along with telling detectives he did not like Piechocki, Guilmette admitted to taking deceased’s money and shoplifting from Walmart and Meijer.

Guilmette was subsequently arrested for the Walmart and Meijer thefts. In collecting Guilmette’s clothing and shoes, an officer saw what appeared to be spots of blood on the shoes.

Without a search warrant, Guilmette’s shoes and several other items were taken to the Indiana State Police Lab for blood and DNA analysis. A red stain on one of the shoelaces tested presumptively for blood and DNA testing indicated the stain was a mixture from Piechocki and Guilmette.

The COA, in Douglas A. Guilmette v. State of Indiana, 71A04-1205-CR-250, took no issue with the police taking Guilmette’s shoe at the time of his arrest. Nor did the court find any violation from the police looking at the shoe and discovering the red stains. 

However, the COA noted because Guilmette was initially arrested for the unrelated crimes of theft, not murder, the police should have obtained a warrant before doing the blood and DNA analysis of the shoe. The court then concluded the laboratory testing of his shoe for evidence of the murder was an unconstitutional search under the Indiana Constitution.

Still, the COA found the admission of the DNA evidence to be harmless because other substantial independent evidence of guilt was offered.  

Writing for court, Senior Judge Carr Darden explained, “The DNA evidence from the shoe was not the strongest evidence of guilt. It merely consisted of testimony that a small stain on Guilmette’s shoelace tested presumptively for blood and that subsequent DNA testing gave a mixture from which both Piechocki and Guilmette could not be excluded. Moreover, the testimony of four separate and independent witnesses that Guilmette admitted killing Piechocki with a baseball bat constituted overwhelming substantial independent evidence of guilt. Thus, the erroneous admission of the DNA evidence from the shoe was harmless.”



  • Proof
    I don't care how many people, co conspirators, testify to hearsay for the purpose opf railroading a defendant, hearsay nor testimony are not proof. It seem that our courts have forgotten the meaning of proof beyond a reasonable doubt! Is it unreasonable to think that four independant witnesses could all be lying? Is it unreasonable to believe that the prosecutor hired these four witnesses? Wouldn't be the first time, do some research and you will be shocked out of your shoes!

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

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  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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