These authorities, e.g., Maldonado v. State, 265 Ind. And, who does [the State] say was in Illinois in June of 1991, when [Thompson] was stopped by [Illinois police]? Rather than telling the jury to disregard the disputed evidence completely because it was not admissible for any purpose, the limiting instruction here instructed the jury to limit its consideration of prior acts to identity. . 8. Moreover, the State emphasized the prior misconduct in its opening statement, during the case in chief, and again in its closing argument. The serial numbers on the handgun were ground off. 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. 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 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. Specifically, prospective jurors were informed, verbatim, of the four aggravating circumstances the State had pleaded against Thompson in the death penalty information. Percy carried Thompson's sawed-off shotgun into the residence. 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. 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 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. Douglas Percy Thompson Born: 3 . On a prearranged signal, Percy gave the gun to Thompson, who knocked Crandall down and stated that he thought he had broken Crandall's neck. And, he took Wesley Crandall's guns. See, e.g., United States v. Currier, 821 F.2d 52 (1st Cir. This discussion of the Crandall murder followed: [W]hen [Percy] came forward to the Police he insisted that he needed to tell them about something that happened in New Castle, Indiana In February of 1991, [Thompson and Percy] went to New Castle, Indiana, to meet a man by the name of Wesley Crandall. 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. 1990) (citing Brewer). 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. Percy passed away in 1948, at age 59 at death place. 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. On February 14th, 1991, Wesley Crandall, Junior, was murdered in his home in New Castle. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir.1996) (internal quotation marks omitted). ." View the profiles of professionals named "Doug Percy" on LinkedIn. . Bowen v. State, 680 N.E.2d 536, 540 (Ind. 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. Douglas Percy. The jury's verdict reflects a decision to credit Percy's testimony that this Court, as an appellate tribunal, would ordinarily not question. ." And, he took Wesley Crandall's money that was there, and the marihuana. 1992). 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. 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. 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. Thompson's contention is meritless. ON OCTOBER 27, 2002, THOMPSON WAS FOUND DEAD IN THE RECREATION AREA OF A CELLBLOCK ON "X ROW" AT THE INDIANA STATE PRISON IN MICHIGAN CITY, INDIANA. Is proof of that conviction in New Castle, proof of his guilt in this case? Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. 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 . 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. 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. That conviction was affirmed on direct appeal. When this mandate is observed, the conviction will not be disturbed. The defense asked jurors to think about what somebody's got to gain when they testify. 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 [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. Cf. SHEPARD, C.J., concurs with separate opinion. Thompson also challenges the testimony of New Castle gun dealer Jeff Vaughn, who testified that in October 1990 he sold Crandall a gun resembling the second gun discussed above. What does Mr. Percy have to lose? 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. authorities those things that he knew, [Percy] solved 3 murders. And, he took Wesley Crandall's money that was there, and the marihuana. In April 1991, Thompson destroyed all the guns taken from Crandall except the handgun, a second gun also admitted in evidence, and a ".22 derringer" that was sold to a third party. 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. When Featheringill was asked about the events in New Castle, the defense objected on hearsay grounds. Lila Thompson (1967-1971), Percy Douglas (1984-1988), Shynese Sangster (2002-2006) Control profile. 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). See Part I supra. 534, 539, 166 N.E.2d 864, 866 (1960) (in prosecution for burglary, erroneous admission of defendant's alleged involvement in prior burglaries required new trial). Id. 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. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. THOMPSON SUFFERED SEVERAL FATAL STAB WOUNDS. Wooden v. State, 657 N.E.2d 109, 111 (Ind.1995). He then went to Seattle and graduated from the University of Washington. 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. Id. 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. 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. Brewer noted that, as in habitual offender proceedings, the death penalty information must be pleaded on a separate page from the charging instrument to "shield [the defendant] from the hazard of having the knowledge of his prior criminal record prematurely imparted to the jury. at 368, 417 N.E.2d at 906. 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. 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. [T]he Evidence shows that [Percy] did nothing to kill either of those 3 men. Because the State alleged that Thompson stole the murder weapon from Crandall and subsequently used it to kill Hillis and Beeler, the theft of the gun was relevant to this trial. 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. 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. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. I don't think a signature, in quotes, is a required. 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. 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. at 367, 417 N.E.2d at 906. Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? DICKSON, SULLIVAN and SELBY, JJ., concur. Instead what happened, was Jerry Thompson took his shotgun and he blew part of Wesley Crandall's head off, and killed him. On February 14, 1991, he and Thompson went to Crandall's house to buy marijuana. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. This occurred with the apparent assent of all counsel. ; see generally Robert L. Miller Jr., Courtroom Handbook on Indiana Evidence 61 (1998 ed.). There is no shortage of decisions reversing convictions due to the erroneous admission of the defendant's prior criminal history, specifically prior convictions. He did not break 5'10, 130 pound Wesley Crandall's neck. Ct. App. 10. 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. The pathologist opined that Crandall died from a gunshot wound to the head. Indeed, the State does not contend that these were signature crimes. 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. 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. 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. . 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.See footnote 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. Hardin v. State, 611 N.E.2d 123, 129 (Ind. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. Jerry shot the drug dealer with a shotgun, execution style.
doug percy jerry thompson