I. According to Percy, on the day of the killings, he and Thompson went to Hillis Auto Sales where, without any forewarning, Thompson shot both victims and Thompson and Percy robbed them. On February 14, 1991, one month before the murders in this case, Wesley Crandall Jr. was shot to death in his home in New Castle, Indiana. United States v. Burke, 948 F.2d 23 (1st Cir. 285, 102 L.Ed.2d 265 (1988). SHEPARD, C.J., concurs with separate opinion. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind. His job was to set up mobile kitchens as the troops pushed forward into France. Douglas Percy. Percy carried Thompson's sawed-off shotgun into the residence. Loveless v. State, 240 Ind. Rather, he chose to attack Percy's credibility. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? THOMPSON SUFFERED SEVERAL FATAL STAB WOUNDS. In and of itself, no. On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. Counsel contended that the evidence was entirely consistent with Percy's having committed the murders and that his testimony has been bought and paid for, a number of ways and as such is suspect.. To prove that Thompson was the perpetrator, the State presented evidence that he stole the murder weapon, a handgun, in the course of committing a different murder a month earlier. at 368, 417 N.E.2d at 906. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. it is necessary that the information of prior, crimes be withheld from the jury until the instant case is decided." One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. Pay particular attention to Mr. Percy. I don't think a signature, in quotes, is a required. Far more importantly what somebody has to lose. Thus it was error to inform jurors of Thompson's conviction of Crandall's murder prior to the penalty phase. The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. Because the risk that the jury would draw the forbidden inference based on what happened in Henry County is undeniable, the probative value of the extra details of the Crandall murder was substantially outweighed by the danger of unfair prejudice. Unnecessary and inflammatory detail may require reversal. In and of itself, no. ATTORNEYS FOR APPELLANTATTORNEYS FOR APPELLEE, Joseph M. ClearyJeffrey A. Modisett Robert V. ClutterAttorney General of Indiana Indianapolis, Indiana Arthur Thaddeus Perry Deputy Attorney General Indianapolis, Indiana, JERRY K. THOMPSON, ) ) Appellant (Defendant below ), ) ) v. ) 49S00-9507-DP-869 ) STATE OF INDIANA, ) ) Appellee (Plaintiff below ). Percy's motive to implicate Thompson arose instantaneously because Percy essentially admitted to an accomplice role in the murders; Percy had every reason to shift culpability to Thompson while minimizing his own involvement. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. The serial numbers on the handgun were ground off. The defense asked jurors to think about what somebody's got to gain when they testify. That's what identifies him with being associated with that gun. A forensic pathologist who testified as to the causes of death of Hillis and Beeler was coincidentally the same doctor who performed Wesley Crandall's autopsy. Related To Andrea Thompson, Eric Thompson, Lloyd Thompson, Amanda Thompson, Brandy Thompson. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? In a hearing outside the presence of the jury, the State asserted that proof of the conviction was relevant to show identity and because Percy's credibility had been attacked. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. 534, 539, 166 N.E.2d 864, 866 (1960) (in prosecution for burglary, erroneous admission of defendant's alleged involvement in prior burglaries required new trial). Id. The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. If there is one lesson to take from this case, it is that Thompson's questioning Percy's credibility did not open a door through which all evidence related to the Crandall murder could automatically pass. The fact that Crandall died and the fact that Thompson was convicted of his murder did not bear on any aspect of, Percy's credibility because Percy did not testify to either subject. The propensity evidence in this case crossed that line by a wide margin. Ct. App. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a .22 derringer that was sold to a third party. One of the defendants had killed the possessor of the car (who apparently had stolen the vehicle himself) before the car was driven from Indiana to Illinois. See, e.g., Swain v. State, 647 N.E.2d 23 (Ind.Ct.App.1995) (evidence as to defendant's four prior convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. In closing, the State described the undoing of the apparently wrongful conviction of the two men as the beginning of a "circle of justice" that could be closed if the jury returned with a conviction in this case. He went to elementary school in Solvang and graduated from Santa Barbara High School in 1976. 1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). As discussed in footnote 8 supra, this is a prior consistent statement. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. The State emphasized the details of Crandall's killing from the beginning. Even oblique or apparently innocuous references to prior convictions are impermissible. 1991) (distinguishing Ostrowsky and lauding trial court's "sanitized and tightly controlled" admission of evidence of prior murder and "vigilant efforts to minimize its prejudicial impact"). Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind. Although the State conceded that Percy had some culpability in both crimes, Percy's role was distinguished from Thompson's: All of us know Doug Percy is not blameless in this, and at the very least, he assisted Jerry Thompson, after these horrible murders were committed. Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind.1993). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. reach the remaining claims of error.See footnote 12 IV. Whether it was necessary to show that Thompson shot Crandall is a closer question, but we need not decide that point because the other material admitted clearly went beyond the pale and requires reversal. Ind.Evidence Rule 103(a) (reversible error not established unless a substantial right of the party is affected). Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. Opening arguments The State emphasized the details of Crandall's killing from the beginning. Learn more about FindLaws newsletters, including our terms of use and privacy policy. As of July 1, 2006 Home Page| Join Facebook to connect with Jerry Thompson and others you may know. Such evidence is highly prejudicial. Loveless v. State, 240 Ind. The defense responded that the conviction was: (1) "impermissible bolstering" of Percy; (2) irrelevant to proving what happened at Hillis Auto Sales on the day of the murders; and (3) too prejudicial to be outweighed by any probative value. Without explanation, the trial court ruled that the conviction was admissible. Because a conviction in a capital case may be based upon the uncorroborated testimony of an accomplice, Lowery v. State, 547 N.E.2d 1046, 1053 (Ind.1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. 1995). Includes Address (14) Phone (8) Email (7) See Results. Douglas Percy. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. at 321, were unfairly prejudicial and required a new trial. For example, in United States v. Ostrowsky, 501 F.2d 318 (7th Cir. doug percy jerry thompson. These authorities, e.g., Maldonado v. State, 265 Ind. He didn't leave witnesses. Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.See footnote 7, On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. If Percy's testimony about Thompson's taking the murder weapon from Crandall was the permissible core evidence showing Thompson's access to the gun, the other details-an execution style shooting, Thompson's conviction for the Crandall murder-were a penumbra of dubious relevance and potentially inflammatory impact. Join Facebook to connect with Percy Thompson and others you may know. 1997) (improper comments about defendant's criminal background did not require reversal because evidence independently supported conviction for burglary); United States v. Burke, 948 F.2d 23, 28 (1st Cir. at 367, 417 N.E.2d at 906. . Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. Two witnesses -- the forensic pathologist and Percy's friend Mike Featheringill -- testified to how Crandall died. Douglas Percy. for the killing of the man from whom this gun was taken." Bowen v. State, 680 N.E.2d 536, 540 (Ind.1997) (improper comments about defendant's criminal background did not require reversal because evidence independently supported conviction for burglary); United States v. Burke, 948 F.2d 23, 28 (1st Cir.1991) (erroneous admission of extrinsic acts was harmless because there was strong properly admitted evidence of guilt and prosecutor did not embellish upon the incident). Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. The defense responded that the State was limited by Rule 404(b) to the least prejudicial way of proving access to the murder weapon and that Thompson could not be retried for the Crandall murder. The identity exception to the general prohibition on propensity evidence is crafted primarily for signature crimes with a common modus operandi. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . On a prearranged signal, Percy gave the gun to Thompson, who knocked Crandall down and stated that he thought he had broken Crandall's neck. Cf. 492, 355 N.E.2d 843 (1976), however, stand for nothing more than what we have already concluded was permissible-a showing, with reasonable factual context, of access to the murder weapon. As the Eighth Circuit put it in rejecting a Federal Evidence Rule 404(b) challenge: A jury is entitled to know the circumstances and background of a criminal charge. See Part I supra. . This [is] the gun that came from there. As a result, the, decision to admit evidence of Thompson's access to the gun, and the State's offer of corroborative evidence to support Percy's version of the events in New Castle, was within the trial court's discretion. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. Jerry shot the drug dealer with a shotgun, execution style. To be admissible under this Rule, Percy's motive to fabricate had to have arisen after the prior statement was made. I don't think [Rule] 404 precludes the obtaining of the weapon, so the State will be allowed to introduce evidence of the obtaining of the weapon." 1994) (in action against prison officials under 42 U.S.C. You can explore additional available newsletters here. At oral argument in this Court, the State contended that these details, which were partially corroborated by other witnesses as explained below, were admissible to show Percy's credibility. Served in France in Second World War and managed to avoid any wounds or capture. Because the State was properly allowed to show that Thompson stole the murder weapon from Crandall, whether Crandall actually had a gun similar to that weapon at the time he was killed was also relevant. 11. They are far from justifying irrelevant and highly prejudicial evidence that has no relation to that point or to any other material fact in dispute. Thompson was charged and a jury convicted him on all counts. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. Brewer noted that, as in habitual offender proceedings, the death penalty information must be pleaded on a separate page from the charging instrument to "shield [the defendant] from the hazard of having the knowledge of his prior criminal record prematurely imparted to the jury. The third result is Douglas Edwin Percy age 60s in Marblehead, MA in the Marblehead neighborhood. 2d 1028 (1964) (per curiam) (conviction reversed because five jurors had been present when the defendant's conviction of a similar charge was announced in open court before the trial); Scott v. Lawrence, 36 F.3d 871 (9th Cir. Thompson was charged and a jury convicted him on all counts. He appeals. . If so, the jury necessarily learns of the aggravating circumstance in the course of the guilt phase. Here, one of the aggravating circumstances charged in addition to the prior murder was that Thompson intentionally killed Hillis and Beeler while committing or attempting to commit a robbery. One of the aggravating circumstances was Thompson's prior conviction of the murder of Wesley Crandall Jr., discussed in more detail below.4 Although it was proper to inform prospective jurors of the crimes charged, the trial court erred in advising the jury of the death penalty information before the sentencing phase. It is always difficult saying goodbye to someone we love and cherish. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. The well established rationale behind Evidence Rule 404(b) is that the jury is precluded from making the forbidden inference that the defendant had a criminal propensity and therefore engaged in the charged conduct. The relevance and balancing issues are reviewed for an abuse of discretion. One of the aggravating circumstances was Thompson's prior conviction of the murder of Wesley Crandall Jr., discussed in more detail below.See footnote 4 Although it was proper to inform prospective, jurors of the crimes charged, the trial court erred in advising the jury of the death penalty information before the sentencing phase.
Ocb Bodybuilding Shows 2022, Sibiu, Romania Real Estate, Toddler Limping After Fall No Swelling, Articles D