A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). Brewer v. State, 275 Ind. 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. Join Facebook to connect with Jerry Thompson and others you may know. Arguably this prerequisite is not satisfied here. at 367, 417 N.E.2d at 906. 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. Mar 3, 2022 Mar 3, 2022; Facebook; Twitter; WhatsApp; SMS; . 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). Jerry Thompson & Company | CO | Read Reviews + Get a Bid | BuildZoom Thus it was error to inform jurors of Thompson's conviction of Crandall's murder prior to the penalty phase. 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. Ostrowsky, 501 F.2d at 324. 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. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. See Part I supra. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. 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. We have little difficulty concluding that the fact and manner of Crandall's death, and Thompson's murder conviction, were highly prejudicial to Thompson. 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. 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. I. 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. 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. 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. And, he took Wesley Crandall's money that was there, and the marihuana. 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. About; Contact; Login; Search. In rebuttal, the State replied that the events surrounding the Crandall murder were relevant: The reason it's relevant is because it proves [Thompson's] identity. 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"). The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. The allegedly corroborative evidence here was irrelevant. This occurred with the apparent assent of all counsel. You are here: cape breton post latest obits; david caruso art business; doug percy jerry thompson . Pointing to Percy's own testimony that he was not always truthful, the defense urged that Percy was a "liar" who implicated Thompson to avoid prosecution for altering a vehicle identification number and possible culpability for his role in the three killings. 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. 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. Bone.. Looks. at 321, were unfairly prejudicial and required a new trial. 2056, 23 L.Ed.2d 707 (1969). 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. Jerry Thompson Facebook Log In Jerry Thompson Friends Photos Videos More Friends Photos Videos Jerry Thompson About Work No workplaces to show College 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. I. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. . As of July 1, 2006 Home Page| 1990) (citing Brewer). 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. 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). Ind.Code 35-50-2-9(b)(1) (Supp.1990). Douglas Percy. He then went to Seattle and graduated from the University of Washington. Percy was the only witness conclusively placing Thompson at the scene. 1976) (admission of a "rap sheet" detailing the defendant's criminal record, including prior convictions, was reversible error). We cannot conclude that these evidentiary errors were harmless. The State's fallback position, advanced at oral argument in this Court, is that all evidence related to the Crandall murder was properly admitted because Percy's credibility was under attack. . 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. This [is] the gun that came from there. United States v. York, 933 F.2d 1343, 1353-54 (7th Cir.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). Percy testified that Thompson shot Crandall. Douglas Percy Thompson - Wakefield Council Wesley Crandall was a small time marihuana dealer; they went there in a pick-up truck, and Jerry Thompson took his shotgun along. The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. First Female Commander of Marine One Fired After Assault Charge We first examine what went on in the trial court. Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.7. Jerry is related to Virginia Ann Thompson . 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind. 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. The State maintained that it understood the pretrial ruling on Rule 404(b) to allow evidence of the conviction itself, and that it relied on this interpretation in referring to the conviction in opening arguments. 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. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? Thompson v. State :: 1997 :: Supreme Court of Indiana Decisions This Court has jurisdiction under Indiana Appellate Rule 4(A)(7). 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. His heart belonged to Santa Barbara, and he could not imagine living anywhere else in the world. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. 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. 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. at 367, 417 N.E.2d at 906. In light of this disposition, it is unnecessary to reach the remaining claims of error.12. As noted, the extraneous Crandall murder evidence was not admissible for this purpose. Jerry A Thompson, 80. In any event, the jury in this case did not and could not know all of the record in the Crandall trial. 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. This cause is remanded for a new trial. it is necessary that the information of prior, crimes be withheld from the jury until the instant case is decided." Served in France in Second World War and managed to avoid any wounds or capture. 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. at 368, 417 N.E.2d at 906. 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. Percy is much taller then any student at Doug's school. 5. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. 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. 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. 1995) (evidence as to defendant's four prior, convictions for dealing in cocaine should not have been admitted in prosecution for cocaine possession), trans. And, he took Wesley Crandall's guns Mr. Thompson was ultimately convicted of the murder of Wesley Crandall in February of 1991. It is always difficult saying goodbye to someone we love and cherish. All contact info about Douglas E Percy, 61 from Marblehead, Massachusetts - address, e-mail, phone, public records, etc at Inforver FOR FREE. We first examine what went on in the trial court. Without that knowledge it is impossible to conclude what, if any, validation of Percy the conviction represents. As Brewer held, there was no reversible error in informing the jury of that aggravator before the sentencing phase, even if reading any of the charged aggravators is neither necessary nor a desirable practice in capital cases. II. Although corroboration of collateral facts is sometimes permissible to show credibility, see, e.g., Ind. The admissibility of the Crandall murder evidence was contested from the outset. Select this result to view Douglas A Percy's phone number, address, and more. 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. C. The errors were not harmless We cannot conclude that these evidentiary errors were harmless. Thompson is currently serving a ninety-year sentence for that crime. Percy gave the following account. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. You already receive all suggested Justia Opinion Summary Newsletters. Is proof of that conviction in New Castle, proof of his guilt in this case? The State all but urged the jury to make the forbidden inference. 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. Jerry Thompson Thompson Profiles | Facebook Rule 404(b) is on the books because evidence of prior crimes is presumptively prejudicial. 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." On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. What particular parts of this mass might be fair rebuttal will, of course, depend on how the two parties elect to shape the presentation of their principal cases. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. 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. Wooden v. State, 657 N.E.2d 109, 111 (Ind.1995). 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. Hardin v. State, 611 N.E.2d 123, 129 (Ind.1993). That is not the end of the analysis, however. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir.1996) (internal quotation marks omitted). Select this result to view Jerry Wayne Thompson's phone number, address, and more. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? However, the details of the killing, including the cause of death "as being two gunshot wounds in the head," id. ." United States v. Burke, 948 F.2d 23 (1st Cir. What does Mr. Percy have to lose? A friend of Percy's, Mike Featheringill, testified that Percy told him that [Percy] went over to this drug dealer's house, and they were going to purchase some marihuana, and Jerry shot the drug dealer with a shotgun, execution style.8 These witnesses actually added to Percy's account, rather than merely corroborating it, because Percy testified only that he assumed Thompson had shot Crandall in the head. Such evidence is highly prejudicial." 1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. 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. 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 . 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. He did not break 510, 130 pound Wesley Crandall's neck. 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. Ultimately this case turns on whether the jury's exposure to the Crandall incident exceeded permissible bounds. 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. 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. In any event, as explained in Part III infra, Featheringill's testimony was not relevant to the material fact of Thompson's access to the murder weapon and therefore should not have been admitted. If so, the jury necessarily learns of the aggravating circumstance in the course of the guilt phase. He went to elementary school in Solvang and graduated from Santa Barbara High School in 1976. The officers put the other prisoners back in the cells, then recovered several knives from the . The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. 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." The second best result is Jerry Lamar Thompson age 60s in Portland, OR in the Eliot neighborhood. In the end, an impermissible flood of damaging propensity evidence washed away Thompson's right to a fair trial. Cf. Thus it was error to inform jurors of Thompson's conviction of Crandall's murder prior to the penalty phase. The third result is Douglas Edwin Percy age 60s in Marblehead, MA in the Marblehead neighborhood. Double Jeopardy 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, See footnote 13 generally does not bar a retrial on the same crimes. . 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). 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. It also placed Percy himself at each of these crime scenes. This [is] the gun that came from there. The State's claim that any prejudice to Thompson was cured by a limiting instruction is unpersuasive. A friend of Percy's, Mike Featheringill, testified that Percy told him that "[Percy] went over to this drug dealer's house, and they were going to purchase some marihuana, and . It may, however, be admissible for other purposes, such as proof of motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident 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. 1986). Factual and Procedural History On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. Lockhart v. State, 609 N.E.2d 1093, 1097 (Ind. The pathologist opined that Crandall died from a gunshot wound to the head. 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. There is nothing in the record indicating on what basis it was admitted into evidence over Thompson's objection. 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. denied; Pirnat v. State, 612 N.E.2d 153, 155 (Ind.Ct.App.1993) (in prosecution for child molesting, [t]estimony regarding the previous [child molesting] conviction and details of the previous molestation were obviously highly prejudicial) (citation and footnote omitted); United States v. Cox, 536 F.2d 65, 72 (5th Cir.1976) (admission of a rap sheet detailing the defendant's criminal record, including prior convictions, was reversible error). 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. 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. When shown the handgun allegedly used to kill Hillis and Beeler, Percy testified that it looks like the one [Thompson] always carried, and that it resembled one of the guns that was taken from Crandall's house. A. 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. He had no conscience about rape, child molestation, or thrashing a dozen men in a prison fight. These authorities, e.g., Maldonado v. State, 265 Ind. cuando tu pareja te miente frases virginia rockhounding map doug percy jerry thompson. 338, 367-68, 417 N.E.2d 889, 905-06 (1981); Evans v. State, 563 N.E.2d 1251, 1259 (Ind.1990) (citing Brewer). And, he took Wesley Crandall's guns. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. Percy testified that Thompson "shot" Crandall.
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