Douglas Percy. 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. 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. The proffered conviction here does not approach the probative value required to outweigh that prejudice under Rule 403. Evidence of Prior Uncharged Misconduct. 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. Indeed, the State does not contend that these were signature crimes. Indeed, the prohibition on use of prior misconduct to prove a criminal charge is a basic tenet of criminal evidence law older than the republic itself. Lannan, 600 N.E.2d at 1338. 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. Leonard v. United States, 378 U.S. 544, 84 S. Ct. 1696, 12 L. Ed. Please try again. Percy was the only witness conclusively placing Thompson at the scene. That's what identifies him with being associated with that gun. 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. 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). 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. About; Contact; Login; Search. 1986). Loveless v. State, 240 Ind. 3 Friends and Jerry/Thomas | Scratchpad | Fandom First Female Commander of Marine One Fired After Assault Charge There is no doubt that Percy's credibility was critical to the State's case. . Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. 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. See, e.g., Heavrin v. State, 675 N.E.2d 1075, 1083 (Ind.1996). 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. More importantly, evidence of a prior conviction is as prejudicial as evidence can get, and requires a strong showing of probative value. Served in France in Second World War and managed to avoid any wounds or capture. 4. 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 . Rather, he chose to attack Percy's credibility. These authorities, e.g., Maldonado v. State, 265 Ind. 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. 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. In the next few weeks, Thompson used Percy's garage to grind the serial numbers off the weapons taken from Crandall's residence. 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. 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. ." 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. 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. Before the trial in this case, Thompson was tried and convicted in Henry County of murdering Crandall. The prosecutor's contention at trial that the Crandall jury verdict constituted validation of Percy is a stretch no court can make. The propensity evidence in this case crossed that line by a wide margin. 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. . . 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 footnote 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. The convictions and sentence are reversed. Percy did not assert his knowledge of that fact or whether Crandall died from the shot. 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.