. In March 1992, Percy approached Indianapolis police with . 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 . As Percy waited nearby in the living room, Thompson and Crandall spoke in the kitchen. Facebook gives people the power. 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. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. 49G03-9204-CF-60651, I join fully in the majority opinion, but write separately to make an observation pertinent to the second trial. 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. 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. The relevance and balancing issues are reviewed for an abuse of discretion. 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." 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. That charge was eventually dismissed in exchange for Percy's testifying about the deaths of Hillis and Beeler. 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 officers put the other prisoners back in the cells, then recovered several knives from the . 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). 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. . The identity exception to the general prohibition on propensity evidence is crafted primarily for "signature" crimes with a common modus operandi. One thing was certain, by the time he reached manhood, Jerry Thompson was a savage killer. Id. And, he took Wesley Crandall's guns. Also known as Jerry Gthompson. Douglas Percy. Brewer v. State, 275 Ind. 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. . 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). Who does [the State] say was with Jerry Thompson on March 14th of 1991, at Hillis Auto Sales? His testimony was an essential element in the chain of evidence pointing to Thompson as the killer. 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. You can explore additional available newsletters here. Percy's credibility was critical to the State's case. 1. 1991) ("bootstrapping" testimony related to extrinsic acts is admissible but only to the extent it is relevant to a material fact). Select this result to view Jerry Wayne Thompson's phone number, address, and more. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. You can send your sympathy in the guestbook provided and share it with the . He then went to Seattle and graduated from the University of Washington. Percy did not testify that Crandall was killed in his presence, only that he assumed Thompson shot him in the head. 1974), the defendants were charged with concealing a stolen car and moving it in interstate commerce. He didn't stomp on him; he didn't take a shotgun and nearly blow his head off. You already receive all suggested Justia Opinion Summary Newsletters. The charging information, witness list, and verdict form from Henry County were admitted into evidence at that point. 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. 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. Indiana Evidence Rule 404(b) provides that "[e]vidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith. The defense asked jurors to "think about what somebody's got to gain when they testify. II. Unnecessary and inflammatory detail may require reversal. Thompson and Percy each grabbed a large trash bag and drove back to Indianapolis. The issue is whether evidence beyond that appropriate to establish access to the gun was admitted and, if so, whether it was harmless error. 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. 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. Because a conviction in a capital case may be based upon the uncorroborated testimony of an accomplice, Lowery v. State, 547 N.E.2d 1046, 1053 (Ind.1989) (citation omitted), the Double Jeopardy Clause does not preclude a retrial. The trial court ruled that the State would be allowed "to simply explain presence and then cut it off and let's get on." Thompson was charged and a jury convicted him on all counts. . It also placed Percy himself at each of these crime scenes. Cf. In June 1991, defendant Jerry Thompson and Douglas Percy were driving through Illinois and were stopped for a traffic violation. The rules of evidence require courts to guard against exploitation of those details. If the fact of conviction for a prior murder is presumptively prejudicial, the gruesome details of that offense may be even more damaging. The relevance and balancing issues are reviewed for an abuse of discretion. The State's contention that the extra details of the Crandall murder helped prove identity is unpersuasive. After testifying as to the Indianapolis victims, he also testified that Crandall had died of a gunshot wound to the head. 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. Here, one of the aggravating circumstances charged in addition to the prior murder was that Thompson intentionally killed Hillis and Beeler while committing or attempting to commit a robbery. 8. Percy carried Thompson's sawed-off shotgun into the residence. 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. 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. reach the remaining claims of error.See footnote 12 IV. 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 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Percy testified that Thompson shot Crandall. Percy Douglas Thompson was born circa 1889, to Henry Maxwell Thompson and Jannet Isabella Watson. The issue is raised sua sponte to emphasize what Brewer and Evans made clear as to how prospective jurors should be instructed on aggravating circumstances in capital cases. AT THE TIME, THOMPSON WAS ON DIRECT APPEAL FROM HIS DEATH SENTENCE FOLLOWING A RETRIAL IN MARION COUNTY. Cf. If there is one lesson to take from this case, it is that Thompson's questioning Percy's, credibility did not open a door through which all evidence related to the Crandall murder could automatically pass. Under these circumstances, the errors were not harmless.11 See Wickizer v. State, 626 N.E.2d 795, 800-01 (Ind.1993) (holding that improperly admitted evidence of prior acts was not harmless error where the State emphasized the disputed conduct in its opening and closing arguments); James v. State, 622 N.E.2d 1303, 1309-10 (Ind.Ct.App.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). 1996) (internal quotation marks omitted). Related To Andrea Thompson, Eric Thompson, Lloyd Thompson, Amanda Thompson, Brandy Thompson. They have also lived in Phippsburg, ME and Beverly, MA. These authorities, e.g., Maldonado v. State, 265 Ind. Lockhart v. Nelson, 488 U.S. 33, 109 S.Ct. 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. A few months earlier, Percy had been charged with altering a vehicle identification number, a felony. Thompson and Percy had the first two guns with them when they were detained by Illinois police in June 1991.7. C. The errors were not harmless We cannot conclude that these evidentiary errors were harmless. "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. If Percy's account is credited, he was essentially an accomplice or, at a minimum, a direct observer of Thompson's criminal acts. ATTORNEYS FOR APPELLANTATTORNEYS FOR APPELLEE, Joseph M. ClearyJeffrey A. Modisett Robert V. ClutterAttorney General of Indiana Indianapolis, Indiana Arthur Thaddeus Perry Deputy Attorney General Indianapolis, Indiana, JERRY K. THOMPSON, ) ) Appellant (Defendant below ), ) ) v. ) 49S00-9507-DP-869 ) STATE OF INDIANA, ) ) Appellee (Plaintiff below ). 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. For this reason, it has long been established that prospective jurors are not to know of prior convictions until the penalty phase. Hardin v. State, 611 N.E.2d 123, 129 (Ind. United States v. Smith, 80 F.3d 1188, 1193 (7th Cir. 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. doug percy jerry thompson. 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 responds that a portrayal of the Crandall murder was not prohibited by Rule 404(b) because it helped prove Thompson's identity as the killer. 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. What does Mr. Percy have to lose?
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