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Murder Conviction Stands Despite Closing Argument Error
Murder Conviction Stands Despite Closing Argument Error
by Marilyn Odendahl for www.theindianalawyer.com
A deputy prosecutor’s misstep during closing arguments was not enough to overcome the abundant evidence of guilt and force a new trial, the Indiana Court of Appeals has ruled.
Antonio Miles appealed after he was found guilty of murder in the shooting death of the mother of his infant daughter. In part, Miles argued prosecutorial misconduct denied him due process protection and entitled him to a new trial.
The problem occurred as the deputy prosecutor was using a slide presentation to help recap the evidence supporting the conviction. One of the slides noted Miles had not provided any evidence against his conviction and suggested that the defendant was obligated to present proof of his innocence.
As soon as the slide appeared before the jury, the Hendricks Superior Court stopped the presentation and called a sidebar. After conferring with both attorneys, Judge Mark Smith admonished the jury that the defendant was not required to present any evidence to prove his innocence or explain anything.
The defense did not request a mistrial or additional admonition.
On appeal, the trial court’s actions were upheld. The Court of Appeals did not find that a fundamental error had occurred in Antonio Miles v. State of Indiana, 32A01-1412-CR-509.
The appellate panel noted the trial court acted as soon as the slide appeared and the deputy prosecutor never read the slide aloud to the jury although some of the jurors may have seen the contents. Citing Jerden v. State, 37 N.E. 3d at 498, the Court of Appeals found in light of the jury instructions, the admonition and the abundant evidence of guilt, Miles did not demonstrate the slide had “such an undeniable and substantial effect on the jury’s decision that a fair trial was impossible.â€
Governor Pence to Unveil Newly Discovered Abraham Lincoln Artifact
 Indianapolis – Tomorrow, Governor Mike Pence will offer remarks at the Indiana State Museum and unveil a previously unknown artifact from Abraham Lincoln’s life in Indiana. The artifact is one of the most significant relics found since his death in 1865. Details below.
Tuesday, February 9:Â
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10:00 a.m. EST – Governor Pence to offer remarks and unveil previously unknown artifact from Abraham Lincoln’s life in Indiana
*Media are welcome to attend.
Indiana State Museum – 650 W. Washington St., Indianapolis, IN
Vanderburgh County Democratic Party Calendar of Events 2/8/2016
| Tuesday, February 9th | Fundraiser | 5:00 PM – 7:00 PM | Jonathan Weaver for City Council 7th Annual Mardi Gras Party
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| Tuesday, February 16th |
Fundraiser | 5:00 PM – 8:00 PM | Gregg for Indiana Fundraiser
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| Wednesday, February 17th |
Fundraiser | 5:00 PM – 7:00 PM | Kathryn Martin for Knight Township Trustee Annual Chili Dinner
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| Thursday, February 25th |
Fundraiser | 4:00 PM – 6:00 PM | Shannon Edwards for County Recorder Chicken & Dumplings Fundraiser
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| Thursday, February 25th |
Fundraiser | TBA | Ryan Hatfield for State Representative District 77 Fundraiser
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| Wednesday, March 16th |
Fundraiser | TBA | Shannon Edwards for Recorder Baskets & Bowling Fundraiser
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| Saturday, March 19th |
Fundraiser | 5:00 PM | Ryan Hatfield for State Representative District 77 Fundraiser
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| Tuesday, March 29th |
Fundraiser | TBA | Ryan Hatfield for State Representative District 77 Fundraiser
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| Thursday, March 31st |
Fundraiser | TBA | Lockyear for Coroner Fundraiser
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| Friday, May 13th |
Fundraiser | TBA | Lockyear for Coroner Golf Scramble
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| Thursday, May 26th |
Fundraiser | 8:00 AM | Vanderburgh County Democratic Party Golf Scramble
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| Saturday, September 10th |
Fundraiser | TBD | Rick Riney for Perry Township Trustee Annual Fish Fry
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 Giving Pseudoephedrine Abuse The Cold Shoulder
 Giving Pseudoephedrine Abuse The Cold Shoulder
Session is halfway complete, and legislators have been pulling some long nights in order to consider all of the possible ways to improve our Hoosier state. In order to stay alive and advance to the Senate, every one of our bills had to pass the House by the end of the day on Feb. 2. The House moved 116 pieces of legislation to the Senate for consideration.
Earlier this week, we passed a pair of bills dealing with methamphetamine, and what a huge problem meth labs have become in our state, particularly for Hoosiers in southern Indiana. Our state has the embarrassing distinction of leading the country for the third consecutive year in meth lab incidents.
We cannot allow this scourge to continue to endanger communities anymore. Meth usage and addiction are terrible. But meth production is even worse, wreaking havoc and imposing costs. Meth labs are prone to fires and explosions, but they always leave behind hazardous contamination. For any home, hotel room or apartment to be habitable again, it must undergo costly professional decontamination. All too often meth houses remain abandoned, blighting neighborhoods and lowering property values. The Indiana Department of Environmental Management estimates meth labs annually cost Hoosier property owners $32 million. The human costs are more staggering: In 2014, 382 Hoosier children were removed from meth labs and placed in foster homes.
Our goal in crafting legislation this year was to eradicate meth labs by keeping the precursor ingredients out of the hands of bad guys while not overly encumbering law-abiding citizens.
The huge meth problem in southern Indiana stems from the fact that meth ingredients are easy to obtain. Meth cooks can go to almost any store and purchase everything they need to make meth, including pseudoephedrine (PSE), which is one type of cold medicine. They also hire so-called “smurfs†to buy PSE from pharmacies in order to work around Indiana’s individual purchase limits. HB 1390 carefully balances legitimate consumer access with commonsense measures to keep PSE out of the hands of meth cooks. In order to obtain PSE, you will not need a prescription if you have an established relationship with a pharmacy, are willing to use tamper-resistant PSE formulations or accept a smaller package of PSE. Leaning on the professional knowledge of pharmacists and their consultation with patients, HB 1390 makes acquiring large amounts of PSE for the purpose of making meth or selling to meth cooks considerably harder. It’s a giant step in the right direction.
House Bill 1157 complements these efforts to restrict meth cooks’ access to PSE. If enacted, drug felons would need a prescription to both purchase and possess PSE. Electronic tracking would issue “stop sale†alerts to pharmacies when a drug felon attempts to buy PSE. Like HB 1390, this bill keeps PSE accessible to law-abiding Hoosiers while putting reasonable restrictions on known drug offenders.
These bills do not constrain Hoosiers patients, instead they empower our local pharmacists and law enforcement to keep meth labs out of our communities. Of course we want to eradicate meth use and addiction, but the first step must be tackling the costly and dangerous labs. Our approach will make it extremely difficult for meth cooks to obtain the necessary ingredients.
I welcome your feedback and ideas. Contact me at (317) 232-9833 or email, h75@iga.in.gov. To follow these bills in the Senate, visit www.iga.in.gov.
IceMen and Komets Continue Rivalry Tuesday
Fort Wayne Komets (27-14-2-0) vs. Evansville IceMen (16-22-4-1)
Tuesday, February 9th – 6:15pm (Fat Tuesday – Mardi Gras)
Ford Center – Evansville, IN
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PREVIOUS MEETINGS
This Season – Third meeting of six.
- 12/4 – Komets won 7-5 (in Evansville)
- 12/13– IceMen won 6-4 (in Fort Wayne)
Last SeasonÂ
- IceMen were 1-6-1-1 against the Komets
All Time
- IceMen are 10-17-2-2
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THIS WEEK
Tues. 2/9 – Fort Wayne at Evansville (6:15pm) – Ford Center
                        Fat Tuesday – Mardi Gras
Fri. 2/12 – Kalamazoo at Evansville (7:15pm) – Ford Center
Youth Backpack Giveaway, presented by Old National Bank
Sat. 2/13 – Evansville at Cincinnati (7:35pm EST) – US Bank Arena
(Broadcast: www.evansvilleicemen.com and ECHL TV)
Sun. 2/14 – Cincinnati at Evansville (6:15pm) – Ford Center
Heart Night – Valentine’s Day
CELEBRATE FAT TUESDAY
Celebrate Mardi Gras with the IceMen Tuesday night, when Evansville hosts the Fort Wayne Komets at 6:15pm. College students can get discounted upper level tickets for just $6 when they present their college ID at the Ford Center Ticket Office. One lucky fan will receive a free iPad courtesy of Computers Plus.
WHAT A RUSH
The IceMen returned to the Ford Center Saturday for the first time since January 16 and won a thriller 2-1 in a shootout against the Rapid City Rush. The 7,073 fans, combined with the attendance from Star Wars Night (8,229), set an IceMen attendance record for consecutive home games – 15,302.
WHO’S HOT?
Evansville defenseman Andrew Himelson scored the team’s only goal in regulation Saturday against Rapid City, giving the Monroe, NY native a career-high five game point streak. Daultan Leveille, who missed the team’s two games in Indianapolis last weekend with an injury, assisted on Himelson’s goal and scored the winning goal in the shootout. The 25-year-old from St. Catherines, Ontario has points in each of his last three games. With an assist Saturday, Danny Hobbs has eight points (four goals, four assists) in his last eight games.
THUNDERBOLTS NEWS RELEASE 2-8-16
ROSTER RIDDLED AND RAVAGED THUNDERBOLTS BATTLE NASHVILLE WITH SOLID EFFORT MAKESHIFT LINEUP COMPETES MASTERFULLY AGAINST PREMIER JR. PREDATORS TEAM THREE HOME GAMES IN THREE NIGHTS COMING UP THIS WEEKEND AGAINST ATLANTA
LAST WEEK’S RESULTS: 2(0-2-0) 2-9 FRI. FEB. 5 ‘BOLTS 1 VS. NASHVILLE 5 SAT. FEB. 6 ‘BOLTS 1 VS. NASHVILLE 4
THIS WEEK’S GAMES: (3) FRI. FEB. 12 VS. ATLANTA 7:30 PM SAT. FEB. 13 VS. ATLANTA 7:30 PM
SUN. FEB. 14 VS. ATLANTA 6:30 PM NEXT HOME GAMES: FRI. FEB. 12; SAT. FEB. 13; SUN. FEB. 14 VS. ATLANTA / TICKETS ONLY $ 5 ! *** ALL THUNDERBOLTS GAMES ARE BROADCAST LIVE ON EVANSVILLE’S WVHI-AM 1330 ***
LIGHTNING BOLTS’ SHOTS: The past weekend was, perhaps, a more unusual one for the Evansville ThunderBolts of the NA3HL elite junior hockey league. Under the direction of General Manager/Head Coach Scott Fankhouser, the ThunderBolts two games for the past Friday and Saturday nights, originally scheduled for Nashville, were suddenly relocated to the ‘Bolts hockey home of Evansville’s Swonder Ice Arena due to building issues which prevented the Jr. Predators to host those two games. With the change in venue came a slight change in the original starting times for each contest with game one played on Friday at 12 noon and game two played on Saturday evening, beginning at 7:50 pm. Always conscious of community goodwill and exemplary spirit and commitment to the great Evansville and Tri-State area and their ever-growing legions of loyal, avid and rabid fans, the ThunderBolts organization offered both of these games over the past weekend absolutely FREE of charge; no admission fee! The ThunderBolts organization’s extraordinary gesture represented the ultimate expression of appreciation to the fans and the community who have supported the fledgling franchise in its inaugural campaign of 2015-16.
PRESENTING THE HOME TRIO: The ThunderBolts will be spending the upcoming weekend on home ice at Swonder Ice Arena. On the docket for our true hometown team is a three-games in three nights’ weekend series against the Atlanta Capitals of the NA3HL’s South Division. The first two dates are set for this Friday and Saturday nights at 7:30 pm with the third and final installment of the inter-divisional weekend series scheduled for Sunday, one hour earlier at 6:30 pm. The Sunday contest was added to the ThunderBolts home schedule as the make-up date for the postponement of the ThunderBolts/Capitals clash which was originally slated for October 16th in the Georgia city when Evansville’s team bus incurred mechanical difficulties. ThunderBolts game tickets are always FAN- FAMILY-FRIENDLY priced at ONLY $ 5 !! That’s the best deal anywhere and everywhere!! For more information, please visit the ThunderBolts website at www.evvvbolts.com.
REWIND WEEKEND: Forced to play with a somewhat makeshift, improvised lineup due to an inordinate number of roster interruptions and disruptions through injuries, suspensions and one player call-up as well as the late, sudden change of game and site venue, the ThunderBolts acquitted themselves both admirably and nobly against a Nashville team considered as one of the very best in the entire league. Missing anywhere from 5 to 7 notables in their lineup, the ThunderBolts were gallant and valiant in bowing to the Jr. Preds by results of 5-1 and 4-1. In Friday’s game one, the ‘Bolts were victimized by 3-Nashville PPG after Brandon Rozema had created contention for his squad in narrowing an early 2-0 second period deficit to 2-1. Goaltender Adam Conkling, again, was superb for the ThunderBolts, rebuffing 43 of 48 Nashville shots. Saturday night, Evansville actually seized an early 1-0 first period lead on Mathieu LaForest’s strike, orchestrated by a brilliant arrangement from Rozema. However, Nashville rallied with 4-consecutive goals with 3 of those delivered in the middle frame of the game in a Jr. Preds, 4-1 victory verdict. Conkling, again, was superb, repelling 46 of 50 shots.
ROSTER REFRESH: The ThunderBolts have been plagued with a sundry of maladies at this hour of their inaugural season. The past weekend, Coach Scott’s crew operated minus the services of this litany of incapacitated player personnel; center Zach Faith, right wings Ian Blaeser, Austin Hayden and Joey Sorensen as well as defenseman Nate Thormann. Furthermore, team captain and leading scoring kingpin Jon Grimm was summoned to the NAHL Amarillo Bulls while defenseman Nick Luke served a one-game suspension for Saturday night’s encore engagement with the Jr. Predators. Three newcomers to the ThunderBolts stable made their respective debuts effective with Friday’s affair. Left wing Cedric Calhoun was acquired from the Pittsburgh Vengeance (NA3HL); right wings Brandon Knopf (NOFF) and Michael Dlugach (DO-glock) also saw regular duty with Knopf distributing an assist on his new team’s sole goal of Friday.
PROSPECTS PRE-EMINENCE: A triumvirate of ThunderBolts finest on ice will be representing Evansville, the ‘Bolts and the Midwest Division All-Stars for the NA3HL’s Annual Top Prospects Tournament scheduled for February 15 – 17 at the USA Hockey Arena in Plymouth, Michigan. Defenseman Triston Theriot, left wing Jon Grimm and center Brandon Bornkamp will be displaying their respective talents for one of the league’s major events of the season.
“ROSE ROYCE:†Left wing Brandon Rozema has been a bright beacon in the night for his ‘Bolts band of icers as he continues to foster a flourish in the second half of the current campaign. Though his team managed only a pair of goals in the two-games’ weekend series against those “Music City†slickers from “Smashville,†the Grandville, MI native was, once again, intrinsically instrumental on both offensive thrusts. “The Rose†kinetically choreographed the club’s lone goal Friday in the 5-1 shortfall as inflicted by the Tennessee squadron before delivering the key, primary assist on a masterful arrangement of line-mate’s Mathieu LaForest FG of the game early in the opening period on Saturday night. The team’s top point-scoring impresario in January with 9(7-3-10), Rozema is presently riding the crest of an impressive 5-game point streak with 5(4-4-8) in that span. His 5-game point streak represents the third best for the ‘Bolts thus far this season.
MATHIEU ON CUE: St. Clair, Shores, MI product Mathieu LaForest continues to find the range with his sharpshooting sniping. After a somewhat slow start to the season, the versatile forward has come alive, injecting some much-needed offensive punch and prowess to the ThunderBolts lineup. In snapping home the game’s FG on Saturday night, he registered his ninth point over the last 11-ThunderBolts games. In those 11-games, LaForest is 11(3-6-9) with a stellar +3 rating.
THE PUCK STOPS HERE: Goaltender Adam Conkling continues to be the consummate workhorse for our true hometown team. The Fort Wayne, IN native was, again, the backbone backstop for his team over the past weekend. Having made 20-starts in the ThunderBolts last 24-games and appearing in 21 games overall during that span, “Conks†was peppered and pelted with pucks to the tune of 98-shots through the two games’ weekend series. Evansville’s “Soul of Goal†repelled 89 of those 98-shots for a SPCT of .908, earning the Penn Station ThunderBolts Star of the Game for both outstanding outings.
THE TOP GUN GANG: Entering the second full week of February, the ThunderBolts leading men in the point producing department are: 1- Jon Grimm 34(15-22-37); 2- Brandon Bornkamp 36(19-17-36); 3- Mike Kelley 31(10- 18-28); 4- Brandon Rozema 33(10-7-17); 5- Triston Theriot 36(4-12-16); 6- Billy Bonser 33(8-6-14); 7- Mathieu LaForest 32(4-9-13); 8- Brian Crink 36(2-9-11); 9- Zach Faith 25(1-6-7); 10- Kyle Nikles 31(3-3-6).
UNEVEN STRENGTH: The ThunderBolts power play which had been operating at full, maximum and optimum proficiency in recent action was defused by the Nashville club the past weekend. Entering the weekend, the power play had been 6 for the last 15; 40% and 8 for the last 27; 29.8%. For the weekend, Evansville was 0-9, surrendering a shorthanded goal in the process. Meanwhile, the Jr. Preds power play was productive, going 4 for 11 for a rating mark of 36.4%.
FEBRUARY ‘BOLTS BIRTHDAY BOYS: The “Boys from the ‘Bolts†celebrating February birthdays: February 8th- 13—Triston Theriot (19); February 10th- 18—Brandon Bornkamp (19); February 24th- 5—Brian Crink (21).
FEW FUN FAST FACTS FROM “FIC:†After a short call-up to Amarillo of the NAHL, team top scorer and captain Jon Grimm has been reassigned back to the ThunderBolts. Mathieu LaForest’s FG of the game Saturday night marked only the seventh time in 36-games that the ‘Bolts have scored the game’s FG. They are 7(0-7-0) when doing so. Steven Rutherford’s 16-PIM Saturday night left him 7-PIM away from 100 for the season. He is the club’s leader in this category. In dropping all 4 of their meetings against Nashville, the ‘Bolts have been outscored 24-4 and outshot, 214-63. With the change of venue from Nashville to Evansville the past weekend, the ‘Bolts fashioned their “their road blues†on home ice for the first time ever. Evansville’s 14-SOG Saturday night represented their third fewest in a single game this season. Fewest has been 10, also coming against Nashville. Adam Conkling has been honored as the Penn Station ThunderBolts Star of the Game 5-times thus far this season. Jon Grimm has captured such accolades 3-times. In his ‘Bolts debut, right wing Brandon Knopf earned an assist on Brandon Rozema’s goal Friday against Nashville.
THE THUNDERBOLTS RADIO UPDATE: ThunderBolts fans can stay up to date everyday even when there is not a game. It’s “The ThunderBolts Hockey Update,†Monday through Friday at 5:00 pm on WVHI-AM 1330 and at 2:30 pm on WEOA-AM 1400 and WEOA-FM Magic 98.5.