You already receive all suggested Justia Opinion Summary Newsletters. 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. . In its effort to prove guilt, the State may not "flood the courtroom" with unnecessary and prejudicial details of prior criminal conduct merely because some of that evidence is relevant and admissible. DICKSON, SULLIVAN and SELBY, JJ., concur. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. Such evidence is highly prejudicial. Loveless v. State, 240 Ind. 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. 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. Loveless v. State, 240 Ind. More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. That is not the end of the analysis, however. It was noted at oral argument in this Court that due to the erroneous (but unobjected) reading of the death penalty information in voir dire, the jury was advised from the outset of Thompson's conviction of Crandall's murder. 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. at 368, 417 N.E.2d at 906. Reading of Death Penalty Information in Voir Dire We first take up an issue not raised by the parties. . Percy is much taller then any student at Doug's school. Pay particular attention to Mr. Percy [W]hen you retire to that Jury Room after evaluating the credibility of Mr. Percy, listening to all the Evidence, you're going to have doubts., 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). 1. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. 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. 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. 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. Cf. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind.1990) (citing Brewer). . It also placed Percy himself at each of these crime scenes. Although Thompson conceded that he was a passenger in the car in which the murder weapon was found three months after the killings, Thompson never offered to stipulate that he had access to the murder weapon before the crimes, or to the specific fact that he stole the weapon from Crandall in February 1991. Cf. 5. 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).See footnote 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. 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. Douglas Percy. 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. His testimony was an essential element in the chain of evidence pointing to Thompson as the killer. What does Mr. Percy have to lose? The fact of Thompson's conviction for murdering Crandall was wholly irrelevant to establishing his access to the murder weapon. 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. In the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. doug percy jerry thompson. Such evidence is highly prejudicial." When this mandate is observed, the conviction will not be disturbed. In this review, we do not reweigh evidence or assess the credibility of witnesses. He then went to Seattle and graduated from the University of Washington. Lannan, 600 N.E.2d at 1338. . The relevance and balancing issues are reviewed for an abuse of discretion. Id. Cf. 3. 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. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. Thompson retrieved a pillow from another room, placed it over Crandall's head, and fired. 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. 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. Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. 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. On February 12, 1991, two days prior to the murder, Thompson instructed his girlfriend to purchase a twelve-gauge shotgun and ammunition. He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. Conclusion The convictions and sentence are reversed. Larry Sells Tells Of The Most Dangerous Man He Has Ever Prosecuted In He did not break 510, 130 pound Wesley Crandall's neck. Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind. A. It cannot be expected to make its decision in a void United States v. Moore, 735 F.2d 289, 292 (8th Cir.1984). View the profiles of professionals named "Doug Percy" on LinkedIn. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. IN Supreme Court Opinions and Cases | FindLaw Sixty people were indicted in federal court for their roles in a conspiracy to bring heroin from Chicago and Atlanta and sell it throughout Greater Cleveland, law enforcement officials announced . Not every aggravator needs to be kept from the jury. Although this testimony was admitted only to show that the gun had been in Thompson's possession before the crimes in this case, the State was allowed to elicit significant details of the prior murder and to establish that Thompson was convicted for it. BOEHM, Justice. There is no doubt that Percy's credibility was critical to the State's case. . I don't think a signature, in quotes, is a required. 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. Join Facebook to connect with Jerry Thompson and others you may know. at 321, were unfairly prejudicial and required a new trial. 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. 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). DICKSON, SULLIVAN and SELBY, JJ., concur. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir.1996) (internal quotation marks omitted). Thompson was charged and a jury convicted him on all counts. The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. III. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. 10+ "Doug Percy" profiles | LinkedIn 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. It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . 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. 285, 102 L.Ed.2d 265 (1988). Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. Ind.Code 35-42-1-1(1) (Supp.1989). 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). In its opening argument, the State outlined the events surrounding the Hillis and Beeler murders, and then explained Percy's delayed decision to come forward to tell police what he knew about Thompson's involvement. Percy passed away in 1948, at age 59 at death place. THOMPSON, Douglas "Doug" Jerry - Santa Barbara News-Press Douglas Percy. The State all but urged the jury to make the forbidden inference. 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. After she had purchased the shotgun, Thompson and Percy altered the shotgun by shortening the barrel and fashioned a sling to carry the weapon. However, the jury's apparent decision to believe Percy may have turned on the wrongly admitted evidence. II. Without stating the basis for its ruling, the trial court allowed Featheringill's testimony. We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. He did not break 5'10, 130 pound Wesley Crandall's neck. 1983, trial court committed reversible error by informing jury sua sponte during voir dire of inmate's prior convictions for rape and sexual assault). Percy Thompson - Historical records and family trees - MyHeritage That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. 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. 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.
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