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. He then went to Seattle and graduated from the University of Washington. 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. They met Mr. Crandall in his home in New Castle; they conducted their business, and when it came time to leave, they didn't leave. As Percy waited nearby in the living room, Thompson and Crandall spoke in the kitchen. Sign up for our free summaries and get the latest delivered directly to you. Their BuildZoom score of 92 ranks in the top 32% of 55,949 Colorado licensed contractors. . 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. We first examine what went on in the trial court. The exception's rationale is that the crimes, or means used to commit them, were so similar and unique that it is highly probable that the same person committed all of them. People at Inforver; . The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. . There is no doubt that Percy's credibility was critical to the State's case. Lannan v. State, 600 N.E.2d 1334 (Ind.1992). Percy testified that Thompson "shot" Crandall. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. Conviction there could have been based on forensic or other evidence wholly independent of Percy's testimony. 2. Opening arguments The State emphasized the details of Crandall's killing from the beginning. Even if all the evidence related to the Crandall murder and Thompson's trial in Henry County were relevant and of probative value here, this evidence would not clear the balancing hurdle of Evidence Rule 403. Bowen v. State, 680 N.E.2d 536, 540 (Ind. All rights reserved. Even oblique or apparently innocuous references to prior convictions are impermissible. I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. Id. 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. Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. Id. 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 fact of Thompson's conviction for murdering Crandall was wholly irrelevant to establishing his access to the murder weapon. Jerry Thompson - Facebook cuando tu pareja te miente frases virginia rockhounding map doug percy jerry thompson. This [is] the gun that came from there. We first examine what went on in the trial court. Percy is much taller then any student at Doug's school. The convictions and sentence are reversed. . First Female Commander of Marine One Fired After Assault Charge They found the 41-year-old inmate on the floor with stab wounds. 1993). . In this review, we do not reweigh evidence or assess the credibility of witnesses. Application of the Indiana Rules of Evidence. 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. Without explanation, the trial court ruled that the conviction was admissible. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. 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. When the defendant objects on the ground that the admission of particular evidence would violate Rule 404(b), the following test should be applied: (1) the court must determine that the evidence of other crimes, wrongs, or acts is relevant to a matter at issue other than the defendant's propensity to commit the charged act; and (2) the court must balance the probative value of the evidence against its prejudicial effect pursuant to Rule 403. 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). Includes Address (14) Phone (8) Email (7) See Results. In this review, we do not reweigh evidence or assess the credibility of witnesses. Evidence of Prior Uncharged Misconduct 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. You already receive all suggested Justia Opinion Summary Newsletters. [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. 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. Evans, 563 N.E.2d at 1259. Jerry Thompson Profiles | Facebook For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. Percy gave the following account. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. Because the effect of this testimony on the jury was at best speculative, and likely negligible in light of the more inflammatory evidence presented related to Crandall's murder, we see no basis for reversal on this point. The State did not refer at this stage, however, to the point for which evidence of the Crandall murder was originally held to be admissible -- to show that Thompson had access to the murder weapon before the crimes. Id. 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. Fox v. State, 497 N.E.2d 221, 224 (Ind.1986). Two witnesses -- the forensic pathologist and Percy's friend Mike Featheringill -- testified to how Crandall died. However, the details of the killing, including the cause of death as being two gunshot wounds in the head, id. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. Jerry Thompson Thompson Profiles | Facebook Jerry Thompson & Company, 45927 Cottonwood Hills Dr, Parker, CO (Owned by: Jerry W Thompson) holds a General A license and 1 other license according to the Douglas County license board. The jury's verdict reflects a decision to credit Percy's testimony that this, Court, as an appellate tribunal, would ordinarily not question. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? The State then suggested that because the jury in the Crandall murder trial had apparently credited Percy's testimony, the same should be done here: [Percy] was scrutinized in New Castle and in Henry County, by that Jury; and they returned a conviction for the killing of the man from whom this gun was taken. The State again argued that Percy's decision to come forward led to Thompson's conviction for Crandall's murder and the release from jail of two men who had initially pleaded guilty to that crime. The serial numbers on the handgun were ground off. Percy Femur | Doug Wiki | Fandom Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. 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. Observing that Thompson had challenged Percy's credibility in opening arguments, the State maintained that some detail was needed to give the jury "sufficient context" in which to understand, and therefore credit, Percy's testimony about how Thompson acquired the gun used to kill Hillis and Beeler. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. Reading of Death Penalty Information in Voir Dire. Next, an evidentiary dispute arose over whether the court's pretrial ruling on, Thompson's motion in limine, allowing the State to introduce "evidence of the obtaining of the weapon," permitted the State to introduce the fact of Thompson's conviction for the Crandall murder. 1 . 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.. Percy did not assert his knowledge of that fact or whether Crandall died from the shot. 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 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. Cf. 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. Far more importantly what somebody has to lose. The trial court began the voir dire, before any questioning had occurred, by reading both the charging information and the death penalty information to all prospective jurors. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. In March 1992, Percy approached Indianapolis police with . On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. 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. 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. I. Facebook gives people the power. 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. The propensity evidence in this case crossed that line by a wide margin. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. C. The State's case in chief When Percy began to testify about the events surrounding the Crandall murder, the defense objected and renewed its contention that this evidence was irrelevant and inadmissible under Rule 404(b). More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. The issue is raised sua sponte to emphasize what Brewer and Evans made clear as to how prospective jurors should be instructed on aggravating circumstances in capital cases. The defense asked jurors to think about what somebody's got to gain when they testify. The serial numbers on the handgun were ground off. You are here: cape breton post latest obits; david caruso art business; doug percy jerry thompson . 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. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. The officers put the other prisoners back in the cells, then recovered several knives from the . . Not every aggravator needs to be kept from the jury. 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. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. And, who does [the State] say was in Illinois in June of 1991, when [Thompson] was stopped by [Illinois police]? Far more importantly what somebody has to lose. Brewer v. State, 275 Ind. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. Lannan, 600 N.E.2d at 1338. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. Lila Thompson (1967-1971), Percy Douglas (1984-1988), Shynese Sangster (2002-2006) Control profile. 1997). Thompson was charged and a jury convicted him on all counts. BOEHM, Justice. doug percy jerry thompson - edrobd.org 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. The State indicated its intent to offer evidence related to the Crandall murder to establish Thompson's identity, and that it might offer evidence of Thompson's previous felony convictions possibly as rebuttal to any attacks on the credibility of witness Douglas Percy in the event that any such attack may open the door to the use of such evidence. In a second motion in limine, Thompson responded that this evidence was not admissible under the identity exception because the Indianapolis killings and the Crandall murder were not signature crimes. Jerry Thompson (8,289 matches): Phone Number, Email, Address - Spokeo The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. 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. In sum, the parties and the court concluded before trial that Thompson's access to the murder weapon was relevant to proving that he was the killer. A. Pretrial developments The admissibility of the Crandall murder evidence was contested from the outset. III. Id. Indeed, the State does not contend that these were signature crimes. 12. Rather, he chose to attack Percy's credibility. Jerry Thompson Facebook Log In Jerry Thompson Friends Photos Videos More Friends Photos Videos Jerry Thompson About Work No workplaces to show College 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. The third result is Douglas Edwin Percy age 60s in Marblehead, MA in the Marblehead neighborhood. Jerry Thompson Obituary. denied; Pirnat v. State, 612 N.E.2d 153, 155 (Ind. IN Supreme Court Opinions and Cases | FindLaw Trafficking Indictment Filed Against 60 People in Conspiracy That 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. DICKSON, SULLIVAN and SELBY, JJ., concur. 4. Jerry Thompson in Portland, OR - Address & Phone Number - Whitepages . II. The State then suggested that because the jury in the Crandall murder trial had apparently credited Percy's testimony, the same should be done here: "[Percy] was scrutinized in New Castle and in Henry County, by that Jury; and they returned a conviction . Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. Jerry Don Thompson (born November 21, 1942) is Regents Professor of History at Texas A&M International University in Laredo, Texas. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. When this mandate is observed, the conviction will not be disturbed. Without that knowledge it is impossible to conclude what, if any, validation of Percy the conviction represents. Join Facebook to connect with Jerry Thompson and others you may know. 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. it is necessary that the information of prior, crimes be withheld from the jury until the instant case is decided." Despite Thompson's actions linking the separate events, the jury was impermissibly left with the reverberating clang of the Crandall murder ringing in its ears, United States v. Merriweather, 78 F.3d 1070, 1077 (6th Cir.1996) (reversing conviction due to erroneous admission of propensity evidence) (internal quotation marks omitted), suggesting that because Thompson killed and robbed Crandall, he must have killed and robbed Hillis and Beeler too. Jerry K. Thompson was convicted of two counts of murder,1 two counts of robbery,2 and one count of carrying a handgun without a license.3 The trial court sentenced Thompson to death for the murders and imposed a term of years for the other convictions. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind. The best result we found for your search is Jerry Wayne Thompson age 70s in Portland, OR in the Maplewood neighborhood. 2056, 23 L.Ed.2d 707 (1969). Select this result to view Douglas A Percy's phone number, address, and more. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. 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. Douglas Percy. The Seventh Circuit held that the fact that the possessor had been killed was admissible to prove his lack of consent to the transfer of possession and, therefore, that the car had been stolen from him. We first take up an issue not raised by the parties. Second, although we find no directly relevant precedent, we are not willing to bootstrap failure to object to one major error into harmlessness of others in a death penalty case. However, double jeopardy forbids a retrial -- even where the defendant requests it as here -- if the reviewing court concludes that the evidence is legally insufficient to support the conviction. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. Leonard v. United States, 378 U.S. 544, 84 S.Ct. [1] He is a prolific author of books on a variety of related topics, specializing in the American Civil War, the history of the Southwestern United States, and Texas history. One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer.
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