Thompson was charged and a jury convicted him on all counts. . 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. Police say Jerry Thompson and seven other prisoners were out of their cells for their recreation time Sunday afternoon at the Michigan City facility. 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. 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 . 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. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. Jerry Don Thompson (born November 21, 1942) is Regents Professor of History at Texas A&M International University in Laredo, Texas. 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. 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. He claimed this was sufficiently proved by the undisputed evidence that the murder weapon was found when Percy and Thompson were stopped by Illinois state police three months after Hillis and Beeler were killed. 1991, and ballistics tests confirmed to be the weapon used to kill Hillis and Beeler. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind. In and of itself, no. Most seriously, the information, witness list, and verdict form from the Crandall murder trial were admitted into evidence. it is necessary that the information of prior, crimes be withheld from the jury until the instant case is decided." In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. As Percy waited nearby in the living room, Thompson and Crandall spoke in the kitchen. As of July 1, 2006 Home Page| 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. That's what identifies him with being associated with that gun. He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. . 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. Conviction there could have been based on forensic or other evidence wholly independent of Percy's testimony. 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. 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. Factual and Procedural History On March 14, 1991, Melvin Hillis and Robert Beeler were shot to death at Hillis Auto Sales in Indianapolis. Even oblique or apparently innocuous references to prior convictions are impermissible. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. He worked in the kitchens and as a driver and mechanic. . Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. 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? 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. Ostrowsky, 501 F.2d at 324. 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. I. 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. People at Inforver; . In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. Jerry shot the drug dealer with a shotgun, execution style. Arguably this prerequisite is not satisfied here. 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. 2d 265 (1988). It cannot be expected to make its decision in a void United States v. Moore, 735 F.2d 289, 292 (8th Cir.1984). Id. The jury therefore knew from the outset that Thompson had been a killer and a thief in the past. 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. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. 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. The prosecutor referred not only to Percy's allegations, but also to their validation in the form of Thompson's murder conviction. The issue is whether evidence beyond that appropriate to establish access to the gun was admitted and, if so, whether it was harmless error. He did not break 510, 130 pound Wesley Crandall's neck. You can send your sympathy in the guestbook provided and share it with the . United States v. Burke, 948 F.2d 23 (1st Cir.1991) (bootstrapping testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). 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 passed away in 1948, at age 59 at death place. at 368, 417 N.E.2d at 906. 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. Because we conclude that the extensive evidence of the prior crime was inadmissible under Indiana Evidence Rules 402, 403, and 404(b), and denied Thompson a fair trial, we reverse the convictions and remand for a new trial. Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. Lockhart v. Nelson, 488 U.S. 33, 109 S. Ct. 285, 102 L. Ed. 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. One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. . 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. II. The State also claims that any prejudice to Thompson was offset by a limiting instruction to the jury to constrain its consideration of prior acts to the issue of identity. The fact of a shotgun wound could perhaps have been established by a police officer or otherwise without getting into whether it was fatal. 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. The defense asked jurors to "think about what somebody's got to gain when they testify. Facebook gives people the power to share and makes the world more open and connected. 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). 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. Jerry Thompson Obituary. 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). Douglas Percy. 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. doug percy jerry thompson. 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. On cross-examination, the defense did not directly challenge Percy's account of what happened in New Castle. The trial court denied Thompson's motion, ruling that the State could show how a weapon of the crime was obtained. In any event, the jury in this case did not and could not know all of the record in the Crandall trial. 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. Lannan, 600 N.E.2d at 1338. Thompson is currently serving a ninety-year sentence for that crime. The propensity evidence in this case crossed that line by a wide margin. Please try again. Although the State conceded that Percy had some culpability in both crimes, Percy's role was distinguished from Thompson's: All of us know Doug Percy is not blameless in this, and at the very least, he assisted Jerry Thompson, after these horrible murders were committed. 1997) (improper comments about defendant's criminal background did not require reversal because evidence independently supported conviction for burglary); United States v. Burke, 948 F.2d 23, 28 (1st Cir. There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. Two witnesses-the forensic pathologist and Percy's friend Mike Featheringill-testified to how Crandall died. 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. It could be argued that the evidentiary errors during the guilt phase were therefore harmless. The guards noticed a disturbance. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. Facebook gives. Opening arguments The State emphasized the details of Crandall's killing from the beginning. 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 jury's verdict reflects a decision to credit Percy's testimony that this, Court, as an appellate tribunal, would ordinarily not question. His job was to set up mobile kitchens as the troops pushed forward into France. In March 1992, Percy approached Indianapolis police with what he claimed was information about Thompson's involvement in the killings. Douglas Percy. Thompson pointed the gun at Crandall, but it made a clicking sound and would not fire. We cannot conclude that these evidentiary errors were harmless. Douglas Percy. Select this result to view Douglas A Percy's phone number, address, and more. Douglas Percy Thompson Born: 3 . That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. Id. 9. Percy did not see the location of the shot, but assumed that Thompson had shot Crandall in the head. Cf. The State's claim that any prejudice to Thompson was cured by a limiting instruction is unpersuasive. View the profiles of professionals named "Doug Percy" on LinkedIn. [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. Cf. Loveless v. State, 240 Ind. Percy did not testify that Crandall was killed in his presence, only that he assumed Thompson shot him in the head. 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. Includes Address (14) Phone (8) Email (7) See Results. Far more importantly what somebody has 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. United States v. Burke, 948 F.2d 23 (1st Cir. 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. Thompson argues that the trial court erred in admitting the testimony of Columbus, Indiana gun dealer Velma Brown. And, as Evans put it, if the aggravating circumstances are "prior unrelated crimes . This cause is remanded for a new trial. The issue is whether evidence beyond that appropriate to establish access to the gun was admitted and, if so, whether it was harmless error. BOEHM, Justice. The only similarity here between the Crandall murder and the Indianapolis killings was the use of firearms to kill the victims (and different guns were used in each crime). 1 . The defense argued that the court's pretrial ruling permitted evidence that the gun allegedly used to kill Hillis and Beeler had been taken from Crandall when he was killed, and nothing more. 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. In light of this disposition, it is unnecessary to. As the defense's opening statement put it: Who does [the State] say was with Mr. Thompson in New Castle? Percy carried Thompson's sawed-off shotgun into the residence.
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