III. 2056, 23 L.Ed.2d 707 (1969). . Evidence is sufficient if the probative evidence and reasonable inferences drawn from the evidence could have allowed a reasonable trier of fact to find the defendant guilty beyond a reasonable doubt. Thompson filed a motion in limine before trial objecting to the admission of any evidence related to Crandall's death, including the fact of Thompson's conviction for that murder. The Marine officer who was named a "person of the week" in 2009 when she became the first-ever aircraft commander of Marine One -- the presidential chopper -- has been fired from her current post . In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June 1991, and ballistics tests confirmed to be the weapon used to kill Hillis and Beeler. 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. And, as Evans put it, if the aggravating circumstances are "prior unrelated crimes . The State's closing argument was replete with references to the Crandall murder, to the extent that an uninformed reader would assume that Thompson was being tried for the Crandall murder in this case. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). ." 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. Rather than telling the jury to disregard the disputed evidence completely because it was not admissible for any purpose, the limiting instruction here instructed the jury to limit its consideration of prior acts to identity. Ostrowsky, 501 F.2d at 324. Percy testified that Thompson "shot" Crandall. The trial court ruled that the State would be allowed to simply explain presence and then cut it off and let's get on., Percy gave the following account. However, Thompson conceded in his second motion that the State was "entitled to show that Thompson had access to or control over the weapon used to commit the murders of Hillis and Beeler." For example, in United States v. Ostrowsky, 501 F.2d 318 (7th Cir. 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. Id. 1997). Even oblique or apparently innocuous references to prior convictions are impermissible. ON OCTOBER 27, 2002, THOMPSON WAS FOUND DEAD IN THE RECREATION AREA OF A CELLBLOCK ON "X ROW" AT THE INDIANA STATE PRISON IN MICHIGAN CITY, INDIANA. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. Jerry A Thompson, 80. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. The serial numbers on the handgun were ground off. Accordingly, over Thompson's objection, an officer with the New Castle Police Department was allowed to testify that he attended Thompson's trial in Henry County for Crandall's murder, thirty to forty witnesses were called (including Percy), and that the jury convicted Thompson. Douglas Percy. The defense asked jurors to "think about what somebody's got to gain when they testify. I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. But, the acts that [Thompson] committed up there, as they related to his case are proof of his guilt here; that's the whole reason you were able to hear it. There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. There is nothing in the record indicating on what basis it was admitted into evidence over Thompson's objection. Id. These authorities, e.g., Maldonado v. State, 265 Ind. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. 2d 265 (1988). The rules of evidence require courts to guard against exploitation of those details. . Our cases have long admonished that one crime cannot be proved in order to establish another distinct crime even though they be of the same kind. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. The State lauded Percy in its closing argument as the man who helped solve both the Indianapolis killings at issue here and Crandall's murder a month earlier: [I]n the process of telling the Police Department and other Law Enforcement authorities those things that he knew, [Percy] solved 3 murders. Because reversal in this case is due to trial error in the admission of evidence, the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, applicable to the states through the Due Process Clause of the Fourteenth Amendment,13 generally does not bar a retrial on the same crimes. Brewer also established that the jury is impermissibly tainted when the aggravating circumstance to be charged is either a prior murder conviction, a prior murder unrelated to the current offense, or a prior life sentence. Id. 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. And, as Evans put it, if the aggravating circumstances are prior unrelated crimes it is necessary that the information of prior crimes be withheld from the jury until the instant case is decided. Evans, 563 N.E.2d at 1259. In and of itself, no. Wooden v. State, 657 N.E.2d 109, 111 (Ind. 1696, 12 L.Ed.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.1994) (in action against prison officials under 42 U.S.C. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 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. 1994) (in action against prison officials under 42 U.S.C. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. Indeed, our decisions have cautioned that evidence of prior misconduct offered to bolster a key witness's testimony as to the current charge, although often probative on that point, is also quite prejudicial. . Percy Femur is a character who appears only in the episodes "Doug Saves Roger", "Doug's Big Feat", and "Doug's Hoop Nightmare".He is the maternal nephew of Mr. Citing Evidence Rules 402 (relevance) and 403 (balance of probative value and prejudice), Thompson argues that the State elicited far more evidence about Crandall's death than was necessary to prove this aspect of its case. it is necessary that the information of prior, crimes be withheld from the jury until the instant case is decided." THOMPSON SUFFERED SEVERAL FATAL STAB WOUNDS. Accordingly, even where the defendant's involvement in a prior murder is relevant in part, the circumstances of the killing should not be presented unless they too are relevant. [2] He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. 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. 4. I. Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . I don't think a signature, in quotes, is a required. Indeed, our decisions have cautioned that evidence of prior misconduct offered to bolster a key witness's testimony as to the current charge, although often probative on that point, is also quite prejudicial. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. 1996). Percy carried Thompson's sawed-off shotgun into the residence. . However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. Hardin v. State, 611 N.E.2d 123, 129 (Ind. . There are 10+ professionals named "Doug Percy", who use LinkedIn to exchange information, ideas, and opportunities. Douglas Percy. This [is] the gun that came from there. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). 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. See also Swanson v. State, 666 N.E.2d 397 (Ind.1996) (although common-law doctrine of res gestae did not survive enactment of Indiana Rules of Evidence, facts that are part of the story of the crime are admissible if relevant within the meaning of Evidence Rule 401). Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. Although Percy's account of the Crandall murder in its particulars was uncontradicted and largely unchallenged, the State offered further detailed evidence about those events. . Such evidence is highly prejudicial. Loveless v. State, 240 Ind. Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. Inexplicably, Featheringill was also permitted to relate Percy's account of an execution style shooting.10 The fact that Crandall was killed, and how that occurred, was potentially as prejudicial as any fact can be and had no bearing on whether Thompson stole the murder weapon from Crandall that day. In and of itself, no. He contends that a drumbeat of prejudicial and irrelevant evidence related to Crandall's killing induced the jury to draw the forbidden inference, at the core of Rule 404(b), that Thompson killed once, so must have done so again. We cannot conclude that these evidentiary errors were harmless. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. 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 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. Resides in Mead, WA. Jerry K. Thompson was convicted of two counts of murder,See footnote 1 two counts of robbery,See footnote 2 and one count of carrying a handgun without a license.See footnote 3 The trial court sentenced Thompson to death for the murders and imposed a term of years for the other convictions. However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. Select this result to view Jerry Wayne Thompson's phone number, address, and more. Citing several cases, the State nonetheless urges a more expansive view of the identity exception to include evidence of prior crimes in which an instrumentality used in the current crime was acquired. Evidence Rule 801(d)(1)(B), corroborative proof is limited by several considerations: (1) whether the challenged witness actually testified to what is sought to be corroborated; (2) whether the corroboration helps prove a material fact (relevance); and (3) whether the corroborative evidence, assuming it is relevant, is nonetheless so prejudicial that it must be excluded under Evidence Rule 403. However, the details of the killing, including the cause of death "as being two gunshot wounds in the head," id. Lockhart v. Nelson, 488 U.S. 33, 109 S. Ct. 285, 102 L. Ed. Loveless v. State, 240 Ind. The propensity evidence in this case crossed that line by a wide margin. 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. 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. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. . Is proof of that conviction in New Castle, proof of his guilt in this case? Lannan v. State, 600 N.E.2d 1334 (Ind. Their license was verified as active when we last checked. While we have reversed on the basis of evidence improperly admitted during the State's case in chief, it might turn out that discrete pieces of this evidence would be admissible as rebuttal. 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"). Jerry as Percy Frank's Father as Toby Bart (from The Simpsons) as Duck Carl (from The Simpsons) as Donald Lenny (from The Simpsons) as Douglas Milhouse (from The Simpsons) as Oliver Nelson (from The Simpsons) as Diesel Skipper (from Skipper & Skeeto) as Skarloey Skeeto (from Skipper & Skeeto) as Rheneas II. Illinois state police recovered a nine-millimeter handgun from the vehicle that ballistics tests later determined was the weapon used to kill Hillis and Beeler. Join Facebook to connect with Percy Thompson and others you may know. 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. Brewer distinguished between aggravating circumstances that are extraneous to the crime currently charged, such as a prior murder conviction, and an aggravating circumstance whose proof turns on the same evidence presented at the guilt phase. Ind.Code 35-42-1-1(1) (Supp.1989). 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate's prior convictions for rape and sexual assault). If the extraneous details of the killing were inadmissible in Ostrowsky-a case involving car theft-the prejudice to Thompson in a second murder prosecution is an a fortiori case. 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. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. The propensity evidence in this case crossed that line by a wide margin. Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. The list of other purposes in the Rule is not exhaustive; extrinsic act evidence may be admitted for any purpose not specified in Rule 404(b) unless precluded by the first sentence of Rule 404(b) or any other Rule. The jury also returned convictions for two counts of felony murder, Ind.Code 35-42-1-1(2) (Supp.1989), which were merged into the murder convictions. . 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. The convictions must be reversed because a "fair trial is required for every defendant, regardless of his apparent guilt or the magnitude of the crimes he may have committed." DICKSON, SULLIVAN and SELBY, JJ., concur. Rather, the defense elicited from Percy that he had not been charged with any crime related to those events and that his charge for altering a vehicle identification number was dismissed in exchange for his cooperation in this case. DICKSON, SULLIVAN and SELBY, JJ., concur. The defense closed by cautioning the jury that "the State wants to try and 'bootstrap' the events of February 14th, 1991, into scaring you into convicting Jerry Thompson for the events of March 14th." In this review, we do not reweigh evidence or assess the credibility of witnesses. Sometime after that 2 retarded men were coerced into admitting that they killed Wesley Crandall, were convicted; they went to prison, and but, for Doug Percy coming forward, they would probably still be there. Arguably this prerequisite is not satisfied here. . Id. There is no doubt that Percy's credibility was critical to the State's case. Percy testified that Thompson shot Crandall. 0. When this mandate is observed, the conviction will not be disturbed. It is valid as a logical proposition only if one has an understanding of all the dynamics of the Crandall trial. Rule 403 required exclusion More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. This [is] the gun that came from there. Id. 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. Because the State alleged that Thompson stole the murder weapon from Crandall and subsequently used it to kill Hillis and Beeler, the theft of the gun was relevant to this trial. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. Access to the murder weapon, particularly where the evidence is circumstantial as in this case, is such a permissible purpose. Bone.. Looks. Despite the fact that Percy's description of Crandall's killing was largely uncontradicted and unchallenged, the State pointed to the testimony of several witnesses -- the gun dealer who sold Crandall the murder weapon that Thompson eventually stole, the forensic pathologist who concluded that Crandall died of a gunshot wound to the head -- to corroborate Percy's account. 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. The State all but urged the jury to make the forbidden inference. Even where a prior criminal act is relevant to a material fact, the potential for unfair prejudice dictates that the evidence of the prior misconduct be limited to that necessary to prove the disputed fact. 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.5 Brewer, 275 Ind. We need not address whether this error is a ground for reversal in the absence of any objection by the defense because the convictions must be set aside for the reasons explained in Parts II and III. 1 . Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind. Doug's military training took place in Hastings. 1993) (erroneous admission of propensity evidence was not harmless due to prosecutor's "steady drumbeat" of references to the defendant's prior criminal record, especially in closing arguments). Lila Thompson (1967-1971), Percy Douglas (1984-1988), Shynese Sangster (2002-2006) Control profile. This occurred with the apparent assent of all counsel. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. Far more importantly what somebody has to lose. Far more importantly what somebody has to lose. On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. Thus it was error to inform jurors of Thompson's conviction of Crandall's murder prior to the penalty phase. In brief, Percy testified that he and Thompson went to Crandall's house that day to purchase marijuana and that Thompson assaulted and shot Crandall.See footnote 6 Thompson then stole several of Crandall's guns, one of which Percy identified at trial as the same handgun recovered in the car search in Illinois in June. Thompson was charged and a jury convicted him on all counts. . Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. . All contact info about Douglas E Percy, 61 from Marblehead, Massachusetts - address, e-mail, phone, public records, etc at Inforver FOR FREE. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? Opening arguments The State emphasized the details of Crandall's killing from the beginning. First, this does not remove the stain of admitting the conviction into evidence in view of the instruction that the jury is to consider only evidence in reaching its verdict, and not the charging information. Evans, 563 N.E.2d at 1259. Includes Address (14) Phone (8) Email (7) See Results. We first take up an issue not raised by the parties. There is enormous potential for prejudice in the guilt phase if the jury is permitted to know from the outset, in a murder case, that the defendant is a convicted killer. We need not address whether this error is a ground for reversal in the absence of any objection by the defense because the convictions must be set aside for the reasons explained in Parts II and III. He did not break 510, 130 pound Wesley Crandall's neck. . . 1. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir.1987) (in prosecution for unlawful gun possession, recorded conversation between a police informant and the defendant about sale of the gun was properly admitted, but it was error to admit subsequent exchange on the same tape concerning unrelated drug sale). It cannot be expected to make its decision in a void United States v. Moore, 735 F.2d 289, 292 (8th Cir.1984). Jerry Thompson is on Facebook. Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. . Indiana Evidence Rule 404(b) provides that [e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. Despite the fact that Percy's description of Crandall's killing was largely uncontradicted and unchallenged, the State pointed to the testimony of several witnesses-the gun dealer who sold Crandall the murder weapon that Thompson eventually stole, the forensic pathologist who concluded that Crandall died of a gunshot wound to the head-to corroborate Percy's account. ." His job was to set up mobile kitchens as the troops pushed forward into France. 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. 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. See, e.g., Watson v. State, 540 N.E.2d 598 (Ind.1989) (testimony concerning prior robbery was admissible in murder trial because the defendant had stolen the same type of pistol used to kill the victim); United States v. Day, 591 F.2d 861 (D.C.Cir.1978) (evidence of prior robbery was properly allowed where the murder weapon was taken during the robbery and was later found in the house where the defendant was arrested).9 The issue, however, is whether that discretion was abused in the quantity and quality of the evidence admitted to corroborate Percy's testimony on this collateral point. Jerry Don Thompson (born November 21, 1942) is Regents Professor of History at Texas A&M International University in Laredo, Texas. That conviction was affirmed on direct appeal. He offers broad experience in skills like . . Pay particular attention to Mr. Percy. Vaughn's testimony was irrelevant because the second gun was not alleged to have been used to commit the murders in this case, but Thompson does not explain how Vaughn's testimony prejudiced him. . Ind.Code 35-50-2-9(b)(1) (Supp.1990).
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